HomeMy WebLinkAbout2023-04-20 Council Agenda PacketThursday, April 20, 2023
9:00 AM
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Council Chambers (In Person and/or Electronic)
City Council
President - Tyler Maxwell
Vice President - Annalisa Perea
Councilmembers:
Mike Karbassi, Miguel Angel Arias, Luis Chavez,
Garry Bredefeld, Nelson Esparza
City Manager - Georgeanne A. White
City Attorney - Andrew Janz
City Clerk - Todd Stermer, CMC
Meeting Agenda - Final
Regular Meeting
04-20-2023
MA/AP 7-0
AS AMENDED
April 20, 2023City Council Meeting Agenda - Final
THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBER,
LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO,
CALIFORNIA 93721.
PUBLIC PARTICIPATION – Public participation during Fresno City Council meetings is
always encouraged and can occur in one of the two following ways:
1) Participate In Person: Council Chambers, City Hall, 2nd Floor, 2600 Fresno
Street, Fresno, CA 93721
a) To speak during a City Council meeting in person: fill out a speaker card
(available in the Council Chamber) and place it in the speaker card collection
basket at the front of the Council Chamber. You may also approach the
speaker podium upon the Council President’s call for public comment.
2) Participate Remotely via Zoom:
https://zoom.us/webinar/register/WN_HuzM8qHLTUGfFjXw0pcbnA
a) The above link will allow you to register in advance for remote participation
in the meeting via the Zoom platform. After registering, you will receive a
confirmation email containing additional details about joining the meeting.
b) To speak during a City Council meeting while attending remotely: while in
the Zoom application, click on the icon labeled “Participants” at the bottom of
the screen. Then select “RaiseHand” at the bottom of the Participants
window. Your digital hand will now be raised. You will be asked to “unmute”
when your name is called to speak. You will not be visible via video and there
will be no opportunity to share your screen.
All public speakers will have up to 3 minutes to address Council pursuant to Rule No.
10 of the Rules of Procedure for the City Council of the City of Fresno (available in the
City Clerk’s Office).
SUBMIT DOCUMENTS / WRITTEN COMMENTS - Pursuant to Rule 11 (c) of the
Rules of Procedure, no documents shall be accepted for Council review unless
submitted to the City Clerk at least 24 hours prior to the Council Agenda item be heard.
Documents / written comments related to an agenda item can be submitted by one of
the following methods:
1) eComment – eComment allows the public to submit agenda related comments
through a website prior to the meeting. Submitted comments are limited to 1440
characters and will be a part of the official record.
Page 2 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
a) Submit an e-Comment by visiting https://fresno.legistar.com/Calendar.aspx
and selecting the “eComment” link.
b) e-Comment is available for use upon publication of the agenda and closes
24 hours prior to the meeting start time [pursuant to Rule 11(c)].
c) e-Comment is not permitted for Land use or CEQA items
d) The e-Comment Electronic User Agreement can be viewed at:
https://www.fresno.gov/cityclerk/
2) E-mail – Agenda related documents and comments can be e-mailed to the
Office of the City Clerk at least 24 hours prior to the agenda item being heard,
pursuant to Rule 11(c).
a) E-mail the Clerk’s Office at clerk@fresno.gov
b) E-mails should include the agenda date, and the related agenda item
number.
VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience,
there are several ways to view Fresno City Council meetings live:
1) City of Fresno website: https://fresno.legistar.com/Calendar.aspx (click “In
Progress” to view the live meeting).
2) Community Media Access Collaborative website: https://cmac.tv/
3) YouTube - City of Fresno Council, Boards and Commissions Channel:
https://www.youtube.com/channel/UC3ld83D8QGn1YBDw6aD5dZA/videos
4) Facebook: https://www.facebook.com/FresnoCA/videos
5) Cable Television: Comcast Channel 96 and AT&T Channel 99
Should any of the five viewing methods listed above experience technical difficulties,
the Council meeting will continue uninterrupted. Council meetings will only be paused
to address verifiable technical difficulties for all users participating via Zoom or in the
Council Chamber.
The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA).
Anyone requiring reasonable ADA accommodations, including sign language
interpreters, or other reasonable accommodations such as language translation,
should contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To
help ensure availability of these services, you are advised to make your request a
minimum of three business days prior to the scheduled meeting.
Page 3 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
9:00 A.M. ROLL CALL
Invocation by Pastor Rev. Robin Mathews-Johnson from the Wesley United
Methodist Church
Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
Emergency Dispatcher’s Appreciation WeekID 23-525
Sponsors:Councilmember Karbassi and Council President Maxwell
Proclamation for “National Crime Victims' Rights Week”ID 23-413
Sponsors:Council President Maxwell
Proclamation for “National Donate Life Month”ID 23-311
Sponsors:Councilmember Bredefeld
Proclamation “Honoring Fresno Poet Laureate Joseph Rios”ID 23-602
Sponsors:Office of Mayor & City Manager
COUNCILMEMBER REPORTS AND COMMENTS
MAYOR/MANAGER REPORTS AND COMMENTS
UNSCHEDULED COMMUNICATION
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
1. CONSENT CALENDAR
Approval of Minutes for March 30, 2023, Regular MeetingID 23-6051.-A.
Sponsors:Office of the City Clerk
Actions pertaining to Commercial Cannabis Activity:
1. Approve the Loan Agreement for Maritza Estrada (the
Owner) of Traditional - Fresno - ME LLC, a cannabis social
equity business, in the amount of $75,000 to assist with the
start-up, regulatory costs, and operating costs of opening a
ID 23-5341.-B.
Page 4 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
retail commercial cannabis business in the City of Fresno.
2. Approve the Loan Agreement for Isaac Fonseca (the
Owner) of Beyond Rooted 559 LLC, a cannabis social equity
business, in the amount of $75,000 to assist with the
start-up, regulatory costs, and operating costs of opening a
retail commercial cannabis business in the City of Fresno.
Sponsors:Office of Mayor & City Manager
Approve the appointment of Areli Rios to the Fresno Housing
Authority for a term ending on April 30, 2025.
ID 23-6101.-C.
Sponsors:Office of Mayor & City Manager
Approve a professional services agreement for three years
with two one-year extensions with 809 Olive Avenue, LLC, to
provide operations and management services of the Tower
Theatre and Lounge with a fee equal to 12% of the gross
receipts estimated for the first year at $159,480 (RFQ
No.100722RQ) (District 1)
ID 23-6391.-D.
Sponsors:Office of Mayor & City Manager
Approve a consultant agreement with PBK in the total
amount of $64,000 plus a not-to-exceed contingency amount
of $5,000 to conduct a facility condition assessment of the
Tower Theatre property and authorize the Director of
General Services or designee to execute all related
documents (Council District 1)
ID 23-5691.-E.
Sponsors:General Services Department
Actions pertaining to Transient Room Tax:
1. BILL- (For introduction) Amending Section 7-602 of the
Fresno Municipal Code, relating to compelling short-term
rental crowdsourcing entities such as Airbnb, VRBO, etc. to
collect Transient Occupancy Tax (TOT) on the City’s behalf
and to remit the revenue to the City.
ID 23-6141.-F.
Sponsors:Finance Department
Page 5 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
Approve an increase in the licensing costs for the City’s
Microsoft Enterprise Agreement in the amount of
$216,658.87.
ID 23-5631.-G.
Sponsors:Information Services Department
***RESOLUTION - Adopt the Eighth Amendment to the
Position Authorization Resolution (“PAR") No. 2022-153
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 Fiscal Year
2023,” to add a total of four positions: one full time Projects
Administrator; one full time Program Manager; and two full
time Senior Management Analysts, in the Parks, After
School, Recreation, and Community Services (“PARCS”)
Department. (Subject to Mayor’s veto).
ID 23-5871.-H.
Sponsors:Parks, After School and Recreation and Community Services
Department
Approve a Project-Specific Tax Sharing Agreement Between
the City of Fresno and the County of Fresno Regarding
California-Willow No. 4 Reorganization for approximately
79.75 acres of property located on the southeast and
southwest corners of the East California Avenue alignment
(railroad right-of-way) and South Willow Avenue (Council
District 5).
ID 23-4701.-I.
Sponsors:Planning and Development Department
Actions pertaining to the State of California’s Homekey 3
Program and Travelodge located at 3876 North Blackstone
Avenue (436-260-22) to facilitate the development of
permanent affordable housing (District 4)
1. Adopt a finding of Categorical Exemption pursuant to
Section 15301/Class 1 and Section 15332/Class 32 of the
California Environmental Quality Act (CEQA) guidelines;
2. Approve the Purchase and Sale Agreement with
PRABHATBHAI T. PATEL and SUSHILABEN P. PATEL as
TRUSTEES of The Prabhatbhai T. Patel and Sushilaben P.
Patel Living Trust u/t/d/ dated September 12, 2019, for
$4,400,000;
3. ***RESOLUTION - Authorizing joint application and
acceptance of funding from participation in the State of
ID 23-5741.-J.
Page 6 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
California’s Homekey 3 Program to sustain and rapidly
expand housing for persons experiencing or at risk of
homelessness and authorizing the City Manager to sign all
required implementing documents (Subject to Mayor’s veto);
and
4. ***RESOLUTION - Declaring a commitment for a future
City contribution of funds for rehabilitation expenses in an
amount not to exceed $5,000,000 upon full award of
Homekey 3 funding for the Travelodge Project (Subject to
Mayor’s veto).
Sponsors:Planning and Development Department
Actions pertaining to the State of California’s Homekey 3
Program and Quality Inn located at 6051 North Thesta Street
(APN 409-200-43), to facilitate the development of
permanent affordable housing (District 6)
1. Adopt a finding of Categorical Exemption pursuant to
Section 15301/Class 1 and Section 15332/Class 32 of the
California Environmental Quality Act (CEQA) guidelines;
2. ***RESOLUTION - Authorizing a joint application to and
acceptance of funding from participation in Project Homekey
3.0 to sustain and rapidly expand housing for persons
experiencing homelessness or at risk of homelessness, and
who are, thereby inherently impacted by or at increased risk
for medical diseases or conditions due to the COVID-19
pandemic or other communicable diseases and authorizing
the City Manager to sign all required implementing
documents (Subject to Mayor’s veto); and
3. ***RESOLUTION - Supporting a future City contribution
of funds for rehabilitation expenses in an amount not to
exceed $6,000,000 associated with UPholding California,
LLC’s Quality Inn Project under funding through the State of
California’s Homekey 3 Program (Subject to Mayor’s veto).
ID 23-5751.-K.
Sponsors:Planning and Development Department
Page 7 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
Actions pertaining to the State of California’s Homekey 3
Program and development of permanent affordable housing
at 6507 North Polk Avenue (506-130-04) (District 2):
1. ***RESOLUTION - Authorizing joint application to and
participation in the State of California’s Homekey 3 Program
to sustain and rapidly expand housing for persons
experiencing homelessness or at risk of homelessness and
authorizing the City Manager or designee to sign all required
implementing documents. (Subject to Mayor's Veto).
2. ***RESOLUTION - In support of future City Contribution of
Funds for construction and development expenses
associated with the project in an amount not to exceed
$2,800,000 upon full award of Homekey 3 funding for the
ACTS Foundation project. (Subject to Mayor's Veto).
ID 23-5761.-L.
Sponsors:Planning and Development Department and Councilmember
Karbassi
Actions related to the acquisition of Clarion Pointe Motel,
located at 4061 North Blackstone Avenue (434-143-06) to
facilitate an Interim Homeless Shelter (District 4):
1. Adopt a finding of Categorical Exemption pursuant to
Sections 15301/Class 1 and 15332/Class 32 of the California
Environmental Quality Act (CEQA) Guidelines
2. Approve the Purchase and Sale Agreement with Kush
Hospitality Inc., a California Corporation for $11,800,000
ID 23-5841.-M.
Sponsors:Planning and Development Department
Award a consultant services agreement to AM Consulting
Engineers, Inc., to provide engineering services for the
2-Water Booster Pump Station Redundancy Improvements
at the Regional Wastewater Reclamation Facility for an
amount not to exceed $187,590, inclusive of a $18,000
contingency (Bid File 12300511-1) (Council District 3)
ID 23-4151.-N.
Sponsors:Department of Public Utilities
Page 8 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
***RESOLUTION - Rescinding Resolution Number 2017-332
and ordering the vacation of a portion of North Carnegie
Avenue, between West Bullard Avenue and Union Pacific
Railroad (Subject to Mayor’s Veto) (Council District 2)
ID 23-4611.-O.
Sponsors:Public Works Department
RESOLUTION - Of Intention to Annex Final Tract Map No.
6370 as Annexation No. 143 to the City of Fresno
Community Facilities District No. 11 and to Authorize the
Levy of Special Taxes; and setting the public hearing for
Thursday, May 25, 2023, at 10:10 am (located on the west
side of North Chestnut Avenue and East Powers Avenue)
(Council District 6)
ID 23-5641.-P.
Sponsors:Public Works Department
RESOLUTION - Of Intention to Annex Final Tract Map No.
6350 as Annexation No. 142 to the City of Fresno
Community Facilities District No. 11 and to Authorize the
Levy of Special Taxes; and setting the public hearing for
Thursday, May 25, 2023, at 10:05 am (located on the
northwest corner or North Parc West Drive and West
Holland Avenue) (Council District 1)
ID 23-5711.-Q.
Sponsors:Public Works Department
RESOLUTION - Of Intention to Annex Final Tract Map No.
6212, 6276, and 6350 as Annexation No. 002 to the City of
Fresno Community Facilities District No. 18 and to Authorize
the Levy of Special Taxes; and setting the public hearing for
Thursday, May 25, 2023 at 10:00 am (T6212, located at the
southwest corner of North Parc West Drive and North
Grantland Avenue; T6276, located on the northwest corner
of North Parc West Drive and North Grantland Avenue;
T6350, located on the northeast corner of North Parc West
Drive and West Holland Avenue) (Council District 1)
ID 23-5721.-R.
Sponsors:Public Works Department
Page 9 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
Actions pertaining to the award of a requirements contract to
Vulcan Materials Co. in the amount up to $5,826,127.50 for
the purchase of Asphalt Concrete Material. (Bid File
12300991) (City-wide)
ID 23-5651.-S.
Sponsors:Public Works Department
Actions pertaining to the Citywide Countdown Pedestrian
Head Project - Bid File 12300990 (Citywide)
1. Adopt a finding of Categorical Exemption per staff
determination pursuant to Section 15301/Class 1 and
Section 15302/Class 2 of the California Environmental
Quality Act (CEQA) Guidelines
2. Award a construction contract in the amount of $214,934
to Pelagic Engineering, of Oxnard, California
ID 23-5781.-T.
Sponsors:Public Works Department
Actions pertaining to the new Fire Station 12 Project (Council
District 1)
1. Adopt a finding of Categorical Exemption per staff
determination, pursuant to Section 15332/Class 32 of the
California Environmental Quality Act (CEQA) Guidelines
2. Award a construction contract in the amount of $78,445 to
CVE Demolition Inc., of Fresno, CA, as the lowest
responsive and responsible bidder for the Demolition of the
3315 West Ashlan Avenue Building - Bid File 12301188
ID 23-6031.-U.
Sponsors:Public Works Department and Fire Department
***RESOLUTION - 25th Amendment to the Annual
Appropriation Resolution (AAR) No. 2022-154 to appropriate
$2,716,400 from the Transportation Development Act (TDA)
pass-through revenues. (Requires 5 Affirmative Votes)
(Subject to Mayor’s veto)
ID 23-3201.-V.
Sponsors:Department of Transportation
***Bill B-5 (Intro’d 3/30/2023)(For Adoption) - Amending
Section 12-4.1603 of the Fresno Municipal Code, revising
the definition of infill project for purposes of the fee waiver
program for certain residential infill projects (Subject to
Mayor’s Veto)
ID 23-5901.-W.
Sponsors:Councilmember Esparza
Page 10 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
***RESOLUTION - adopting a pilot program to incentivize job
creation within a portion of the Tower District and the portion
of the area west of Highway 99 between Clinton Avenue and
Shaw Avenue located within District 1. (Subject to Mayor’s
Veto)
ID 23-6181.-X.
Sponsors:Vice President Perea
RESOLUTION - Amending the Council Communication
Policy
ID 23-5541.-Y.
Sponsors:Councilmember Karbassi
Approve the appointment of Tania Castillo to the Immigration
Affairs and Resident Committee for a term which serves at
the pleasure of the Councilmember
ID 23-6221.-Z.
Sponsors:Councilmember Chavez
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.#1
HEARING to adopt resolutions and ordinance to annex
territory and levy a special tax regarding City of Fresno
Community Facilities District No. 11, Annexation No. 140
(Final Tract Map No. 6338) (Northeast corner of East Church
Avenue and South Sunnyside Avenue) (Council District 5)
1. ***RESOLUTION - to Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a
Special Tax for Annexation No. 140 (Subject to Mayor’s
Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election
(Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to
Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a
Special Tax for the Property Tax Year 2022-2023 and Future
Tax Years Within and Relating to Community Facilities
District No. 11, Annexation No. 140 (Subject to Mayor’s
Veto)
ID 23-567
Sponsors:Public Works Department
Page 11 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
10:00 A.M.#2
Actions pertaining to Final Map of Tract No. 6338:
RESOLUTION - Approving the Final Map of Tract No. 6338,
and accepting dedicated public uses offered therein except
for dedications offered subject to City acceptance of
developer installed required improvements - located near the
northeast corner of East Church Avenue and South
Sunnyside Avenue (Council District 5)
ID 23-577
Sponsors:Public Works Department
10:05 A.M.
HEARING to adopt resolutions and ordinance to annex
territory and levy a special tax regarding City of Fresno
Community Facilities District No. 11, Annexation No. 141
(Final Tract Map No. 6212 and Parc West Drive) (Southwest
corner of North Parc West Drive and North Grantland
Avenue) (Council District 1)
1. ***RESOLUTION - to Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a
Special Tax for Annexation No. 141 (Subject to Mayor’s
Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election
(Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to
Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a
Special Tax for the Property Tax Year 2022-2023 and Future
Tax Years Within and Relating to Community Facilities
District No. 11, Annexation No. 141 (Subject to Mayor’s
Veto)
ID 23-570
Sponsors:Public Works Department
10:10 A.M. (CONTINUED TO MAY 25, 2023, AT 10:00 A.M.)
HEARING - To adopt Resolutions and Ordinance to annex
territory and levy a special tax regarding City of Fresno
Community Facilities District No. 18, Annexation No. 002
(T6212, located at the southwest corner of North Parc West
Drive and North Grantland Avenue; T6276, located on the
ID 23-612
Page 12 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
northwest corner of North Parc West Drive and North
Grantland Avenue; T6350, located on the northeast corner of
North Parc West Drive and West Holland Avenue) (Council
District 1)
Sponsors:Public Works Department
10:15 A.M.#1
HEARING to adopt resolutions and ordinance to annex
territory and levy a special tax regarding City of Fresno
Community Facilities District No. 11, Annexation No. 138
(Final Tract Map No. 6371) (located north of East Floradora
Avenue and east of North Armstrong Avenue) (Council
District 7)
1. ***RESOLUTION - to Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a
Special Tax for Annexation No. 138 (Subject to Mayor’s
Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election
(Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to
Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a
Special Tax for the Property Tax Year 2022-2023 and Future
Tax Years Within and Relating to Community Facilities
District No. 11, Annexation No. 138 (Subject to Mayor’s
Veto)
ID 23-566
Sponsors:Public Works Department
10:15 A.M.#2
Actions pertaining to Final Map of Tract No. 6371:
RESOLUTION - Approving the Final Map of Tract No. 6371,
and accepting dedicated public uses offered therein except
for dedications offered subject to City acceptance of
developer installed required improvements - located near the
northeast corner of East Floradora Avenue and North
Armstrong Avenue (Council District 7)
ID 23-589
Sponsors:Public Works Department
Page 13 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
10:20 A.M.
HEARING to consider adoption of a resolution related to the
designation of a property to the Local Register of Historic
Resources
1. ***RESOLUTION - Designating the Sequoia Hotel/Fink &
Skopp building located at 925-933 Van Ness Avenue,
Fresno California to the Local Register of Historic Resources
(APN46825403) (District 3) (Subject to Mayor Veto).
ID 23-541
Sponsors:Planning and Development Department
10:25 A.M.#1
Appearance by Gary Christy to discuss off-site sidewalk,
landscaping and ADA ramp requirements from Public Works.
(District 1 Resident)
ID 23-550
Sponsors:Office of the City Clerk
10:25 A.M.#2
Appearance by Mary Padilla to discuss who do we
represent. (District 2 Resident)
ID 23-615
Sponsors:Office of the City Clerk
3. GENERAL ADMINISTRATION
Approval of revised Route 99 Freeway Agreement with State
of California Department of Transportation (Caltrans)
(Council Districts 1, 2, and 3)
ID 23-2713.-A.
Sponsors:Public Works Department
4. CITY COUNCIL
Bill (For Introduction) - Amending Chapter 9, Article 26 of the
Fresno Municipal Code to add Section 9-2610, “Sideshows,
Street Races, and Reckless Driving Exhibitions,” prohibiting
the knowing participation as a driver, passenger, or spectator
in sideshows, street races, or reckless driving exhibitions.
ID 23-6214.-A.
Sponsors:Councilmember Bredefeld and Vice President Perea
5. CLOSED SESSION
Page 14 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Terance Frazier, et al. v. City of Fresno, et al.;
United States District Court Case No.: 1:20-CV-01069.
ID 23-6195.-A.
Sponsors:City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Government Code Section 54956.9, subdivision (d)(2)
Significant Exposure to Litigation: Central Valley NMTC
Fund, LLC., v. City of Fresno.
ID 23-6205.-B.
Sponsors:City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED
LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision
(d) of Section 54956.9: 1 potential case
ID 23-6375.-C.
Sponsors:Office of Mayor & City Manager
CONFERENCE WITH LABOR NEGOTIATORS -
Government Code Section 54957.6
City Negotiators: TJ Miller
Employee Organizations:
1. International Union of Operating Engineers, Stationary
Engineers, Local 39 (Local 39); 2. Fresno City Employees
Association (FCEA); 3. Fresno Police Officers Association
(FPOA Basic), Unit 4; 4. International Association of
Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated
Transit Union, Local 1027 (ATU); 6. International
Brotherhood of Electrical Workers, Local 100 (IBEW); 7.
Fresno Police Officers Association (FPOA Management); 8.
International Association of Firefighters, Local 753, Unit 10
(Fire Management); 9. City of Fresno Professional
Employees Association (CFPEA); 10. City of Fresno
Management Employees Association (CFMEA); 11.
Operating Engineers, Local Union No. 3, Fresno Airport
Public Safety Supervisors (FAPSS); 12. Operating
Engineers, Local Union No. 3, Fresno Airport Public Safety
Officers (FAPSO)
ID 23-6355.-D.
Page 15 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
Sponsors:Office of Mayor & City Manager
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
APRIL 27, 2023
10:00 A.M. - TEFRA HEARING - To hear and consider information concerning the
proposed issuance of tax exempt bonds by California Enterprise Development
Authority for the purpose of financing the acquisition, construction, installation and
equipping of a healthcare facility located at 4615 & 4623 North First Street, Fresno,
California 93726 (the “Facility”) and paying certain costs of issuance in connection
with such financing by United Health Centers of the San Joaquin Valley.
APRIL 27, 2023
10:05 A.M. - Hearing and Annual Action Plan
MAY 11, 2023
10:00 A.M. - Consideration of Plan Amendment and Rezone Application No.
P22-01086, Development Permit Application No. P21-06232, and related
Environmental Assessment No. P22-01086/P21-06232 pertaining to ±2.20 acres of
property located on the west side of North Chestnut Avenue, between East
Shepherd and East Teague Avenues (Council District 6)
MAY 25, 2023
10:00 A.M. - HEARING – To adopt Resolutions and Ordinance to annex territory
and levy a special tax regarding City of Fresno Community Facilities District No.
18, Annexation No. 002 (T6212, located at the southwest corner of North Parc
West Drive and North Grantland Avenue; T6276, located on the northwest corner
of North Parc West Drive and North Grantland Avenue; T6350, located on the
northeast corner of North Parc West Drive and West Holland Avenue) (Council
District 1)
MAY 25, 2023
10:05 A.M. - HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community Facilities District No. 11,
Annexation No. 142 (Final Tract Map No. 6350) (located on the northwest corner or
North Parc West Drive and West Holland Avenue) (Council District 1)
MAY 25, 2023
10:10 A.M. - HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community Facilities District No. 11,
Page 16 City of Fresno ***Subject to Mayoral Veto
April 20, 2023City Council Meeting Agenda - Final
Annexation No. 143 (Final Tract Map No. 6370) (located on the west side of North
Chestnut Avenue and East Powers Avenue) (Council District 6)
JUNE 22, 2023
10:00 A.M. -HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community Facilities District No. 11,
Annexation No. 144 (Final Tract Map No. 6276) (located on the northwest corner of
North Parc West Drive and North Grantland Avenue) (Council District 1)
UPCOMING EMPLOYEE CEREMONIES
EMPLOYEE OF THE QUARTER - 9:00 A.M.
• July 19, 2023 (Wednesday) - Employee of the Summer Quarter
• October 18, 2023 (Wednesday) - Employee of the Fall Quarter
EMPLOYEE SERVICE AWARDS - 10:00 A.M.
• April 26, 2023 (Wednesday) - Employee Service Awards
• November 15, 2023 (Wednesday) - Employee Service Awards
2023 CITY COUNCIL MEETING SCHEDULE
APRIL 27, 2023 - 9:00 A.M.
May 04, 2023 - NO MEETING
May 11, 2023 - 9:00 A.M.
May 18, 2023 - NO MEETING
May 25, 2023 - 9:00 A.M.
June 01, 2023 - NO MEETING
June 08, 2023 - 9:00 A.M.
June 15, 2023 - 9:00 A.M.
June 22, 2023 - 9:00 A.M.
June 29, 2023 - 9:00 A.M.
Page 17 City of Fresno ***Subject to Mayoral Veto
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-525 Agenda Date:4/20/2023 Agenda #:
THE REGULAR CITY COUNCIL
SUBJECT
Emergency Dispatcher’s Appreciation Week
City of Fresno Printed on 4/26/2023Page 1 of 1
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04-20-2023
PRESENTED
CITY OF FRESNO
Office of Councilmember Mike Karbassi & Council President Tyler Maxwell
WHEREAS, the men and women at the Fresno Police Department Dispatch Center work tirelessly 24 hours a day, 7
days a week with 6 overlapping shifts during a 24 hour day. On average, dispatch handles approximately 1,100 9-1-1 calls a day and 1,300 non-emergency calls a day. Several hundred 9-1-1 hang-up calls a week are called back by dispatchers ensuring residents who are in need are served; and
WHEREAS, over the last 5 years Fresno PD Dispatchers have handled on average over 385,000 9-1-1 calls and
525,000 non-emergency calls per year. This 5-year average equates to over 900,000 emergency and non-emergency calls coming into the Fresno PD Dispatch every year; and
WHEREAS, the Fresno Police Department Communications Center (Dispatch) has 99 out of 114 positions filled. Fresno
PD Dispatch have 6 Emergency Services Communications Supervisors and 93 Emergency Services Dispatchers serving the City of Fresno; and
WHEREAS, the Mission of the Fresno Police Department Communications Center is to preserve life, safeguard
property, support peace officers in the prevention of violent crime, and help reduce fear in our community by providing effective and compassionate 9-1-1 Public Safety Communications.
NOW, THEREFORE BE IT RESOLVED, Mayor Jerry Dyer and the Fresno City Council do hereby
proclaim the week of April 10, 2023 to be:
“Emergency Dispatcher Appreciation Week”
in the City of Fresno.
IN WITNESS WHEREOF, we have hereunto set our hands and
affixed the seal of the City of Fresno, California, this 20th day of April 2023.
_____________________________________________ __________________________________________
JERRY DYER, Honorable Mayor TYLER MAXWELL, Council President
_____________________________________________ __________________________________________
ANNALISA PEREA, Council Vice President MIKE KARBASSI, Councilmember District 2
_____________________________________________ __________________________________________
MIGUEL ARIAS, Councilmember District 3 LUIS CHAVEZ, Councilmember District 5
_____________________________________________ __________________________________________
GARRY BREDEFELD, Councilmember District 6 NELSON ESPARZA, Councilmember District 7
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-413 Agenda Date:4/20/2023 Agenda #:
CEREMONIAL PRESENTATION
Proclamation for “National Crime Victims' Rights Week”
City of Fresno Printed on 4/26/2023Page 1 of 1
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04-20-2023
PRESENTED
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-311 Agenda Date:4/20/2023 Agenda #:
CEREMONIAL PRESENTATION
Proclamation for “National Donate Life Month”
City of Fresno Printed on 4/26/2023Page 1 of 1
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04-20-2023
PRESENTED
CITY OF FRESNO
Office of Mayor Jerry Dyer & The Fresno City Council
WHEREAS, Donor Network West serves as the federally designated Organ Procurement
Organization in Northern/Central California and Nevada and works in close partnership with
families, doctors, nurses, and coroners in hospitals to connect donors to recipients; and
WHEREAS, There are more than 100,000 people on the national waiting list and of those about
20,000 are waiting in California alone; and
WHEREAS, A single individual’s donation of the heart, lungs, liver, kidneys, pancreas and small
intestine can save up to eight lives; donation of tissue can save and heal the lives of up to 75
others; and
WHEREAS, California residents can sign up with the Donate Life California Donor Registry
when applying for or renewing their driver’s licenses or ID cards at the California Department of
Motor Vehicles.
NOW, THEREFORE BE IT RESOLVED that we, Mayor Jerry Dyer and the Fresno City
Council in recognition of April 2023 to be hereby proclaimed “National Donate Life Month” in
the City of Fresno, and in doing so we encourage all Californians to check “YES!” when
applying for or renewing their driver’s license or ID card or by signing up at
donornetworkwest.org.
“NATIONAL DONATE LIFE MONTH”
in the City of Fresno.
IN WITNESS WHEREOF, we have
hereunto set our hands and affixed
the Seal of The City of Fresno,
California, this 20th day of April 2023.
_____________________________________________ __________________________________________________
MAYOR JERRY DYER COUNCIL PRESIDENT TYLER MAXWELL
_________________________________ _____________________________________
VICE PRESIDENT ANNALISA PEREA COUNCILMEMBER MIKE KARBASSI
_________________________________ _____________________________________
COUNCILMEMBER MIGUEL ARIAS COUNCILMEMBER NELSON ESPARZA
_________________________________ _____________________________________
COUNCILMEMBER LUIS CHAVEZ COUNCILMEMBER GARRY BREDEFELD
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-602 Agenda Date: 4/20/2023 Agenda #:
CEREMONIAL PRESENTATION
Proclamation “Honoring Fresno Poet Laureate Joseph Rios”
City of Fresno Printed on 4/21/2023Page 1 of 1
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04-20-2023
PRESENTED
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-698 Agenda Date:4/20/2023 Agenda #:
REPORT TO THE CITY COUNCIL
SUBJECT
Public Comment Received for April 20, 2023.
City of Fresno Printed on 4/26/2023Page 1 of 1
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4-20-2023
DISTRIBUTED
Briana Parra
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
From:
Sent:
To:
Subject:
External Email:
1
Briana Parra
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
From: Fidencio Marquez
Clerk
Thursday, April 20, 2023 8:21 AM
Clerk Agendas
Clerk
FW: permanent affordable housing proposed at 6051 N. Thesta
Follow up
Flagged
Sent: Wednesday, April 19, 2023 10:12 PM
To: Clerk <Clerk@fresno.gov>
Subject: permanent affordable housing proposed at 6051 N. Thesta
External Email: Use caution with links and attachments
Respected Fresno City Council
My name is Fidencio Marquez I work at Country Inn and Suites Fresno North and I am emailing you because I just
became aware that the city is planning on buying the property next to where I work the Quality Inn on Thesta street. As I
per my understanding the plans is to turn the property into low income housing for people experiencing homelessness or
at risk of homelessness. I'm not opposed to helping the needy I do think it would be quite beneficial for the us the
employees of Country Inn and Suites and the surrounding businesses to be aware of the city complete plans. we are
already having plenty of issues with the homeless population around the area. My hotel has lost client because of he
current situation, car break-ins, people sleeping on the side walks our guest and employees no longer feel safe and i feel
that turning that property into a low income housing its only going to add to the problem. I would like to know if i need to
start looking for work somewhere else.
Thank you for hearing my concerns and my fellow coworkers.
Fidencio Marquez
Sent from Yahoo Mail for iPhone ■Yahoo Mail
Take a trip inco an upg1·aclecl. more 01·ga11izecl inbox with
Yahoo f'v1ail Login a11cl start explming all the free, orga
1
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-605 Agenda Date:4/20/2023 Agenda #:
1.-A.
REPORT TO THE CITY COUNCIL
FROM:TODD STERMER, City Clerk
Office of the City Clerk
SUBJECT
Approval of Minutes for March 30, 2023, Regular Meeting
Attachment:
Draft Minutes for Regular meeting on March 30, 2023
City of Fresno Printed on 4/26/2023Page 1 of 1
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04-20-2023
NE/AP 6-0
LC ABSENT
APPROVED ON CONSENT
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
City of Fresno
Meeting Minutes
City Council
President - Tyler Maxwell
Vice President - Annalisa Perea
Councilmembers:
Mike Karbassi, Miguel Angel Arias, Luis Chavez,
Garry Bredefeld, Nelson Esparza
City Manager - Georgeanne A. White
City Attorney - Andrew Janz
City Clerk - Todd Stermer, CMC
9:00 AM Council Chambers (In
Person and/or Electronic)
Thursday, March 30, 2023
Regular Meeting
The City Council met in regular session in the Council Chamber, City Hall, on the
date and time above written.
9:08 A.M. ROLL CALL
Councilmember Nelson Esparza
Council President Tyler Maxwell
Vice President Annalisa Perea
Councilmember Mike Karbassi
Councilmember Miguel Angel Arias
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Present:7 -
Invocation
Invocation was led by Pastor DJ Criner with Saint Rest Baptist Church.
Pledge of Allegiance to the Flag
Pledge of Allegiance led by Councilmember Bredefeld.
APPROVE AGENDA
City Clerk Stermer announced the following changes to the agenda:
The March 30, 2023, regular agenda jumps from 1-BB to 1-DD and skips
1-CC. There are no items missing from the agenda.
City of Fresno ***Subject to Mayoral Veto Page 1
March 30, 2023City Council Meeting Minutes
Consent Calendar item 1-C (ID 23-539) regarding resolution amending the
Council Communication Policy – was removed from the agenda by staff and
tabled to April 20, 2023.
Consent Calendar item 1-L (ID 23-488) regarding actions pertaining to
funding reimbursement from Fresno Unified School District - the following
changes to the Scope of Work in the agreement were read into the record,
the last sentence was cut off and should read: “In accordance with Federal
Program Monitoring, City of Fresno PARCS staff must meet same education
requirements as After School Para Professionals in FUSD including
maintaining a high school diploma, being Every Student Succeeds Act
(ESSA) and/or No Child Left Behind (NCLB) certified and must provide
documentation upon request for Federal Program Monitoring.”
Consent Calendar item 1-DD (ID 23-460) regarding the summary vacation of
a temporary storm drain basin easement on Parcel D and Parcel E of
Tentative Parcel Map No 2021-08 – the resolution is “not Subject to Mayor’s
Veto.”
3:00 p.m. Schedule Hearing (ID 23-537) regarding a text amendment for
regulation of e-commerce parcel delivery warehouses – was removed from
the agenda by Councilmember Esparza and Councilmember Chavez with no
return date.
Vice President Perea recused herself from Consent Calendar item 1-JJ (ID
23-462) regarding on-call professional engineering services for the Public
Works Engineering Division.
Councilmember Bredefeld registered a "no" vote on Consent Calendar item
1-II (ID 23-479) regarding the 27th amendment to the AAR for High Speed
Rail Development Services.
Councilmember Esparza gave a brief comment on Consent Calendar item
1-V (ID 23-385) regarding the agreement with Fresno City College. He noted
there was no conflict of interest on this item.
Councilmember Bredefeld asked Councilmember Esparza for a brief
explanation on the change proposed by item 1-VV (File ID 23-529) to revise
the definition of infill project for purposes of the fee waiver program for
certain residential infill projects.
City of Fresno ***Subject to Mayoral Veto Page 2
March 30, 2023City Council Meeting Minutes
THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE
CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION
1-B (ID 23-500) regarding support to provide and restore Yosemite Area
Regional Transit System - moved to Contested Consent by Councilmember
Bredefeld.
1-E (ID 23-509) regarding an agreement with Activated Events for special
event concerts at Woodward Park. – moved to Contested Consent by
Councilmember Bredefeld.
1-G (ID 23-498) regarding residential conversions in Office Zone Districts. –
moved to Contested Consent by Councilmember Esparza.
1-J (ID 23-490) regarding amendments to job order contracting agreements
– moved to Contested Consent by Councilmember Arias.
1-M (ID 23-478) regarding the Parks, After School Recreation and
Community Services Department Summer Swim Program with Fresno
Unified School District – moved to Contested Consent by Councilmember
Arias.
1-T (ID 23-486) regarding the mobile medical clinic operations - moved to
Contested Consent by Councilmember Aras.
1-Y (ID 23-376) regarding a Memorandum of Understanding with the
Resiliency Center of Fresno – moved to Contested Consent by
Councilmember Arias.
1-Z (ID 23-289) regarding the Fresno Police Department Helicopter
"Skywatch" Unit –moved to Contested Consent by Councilmember Arias.
1-BB (ID 23-492) regarding the purchase of Motorola APX 8000 police
radios for SWAT and tactical units – moved to Contested Consent by
Councilmember Arias.
On motion of Councilmember Arias, seconded by Vice President Perea,
the above agenda was ADOPTED AS AMENDED. The motion carried by
the following vote:
City of Fresno ***Subject to Mayoral Veto Page 3
March 30, 2023City Council Meeting Minutes
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
CEREMONIAL PRESENTATIONS
ID 23-312 Proclamation for “Victor E. Bulldog III Day”
PRESENTED
ID 23-514 Proclamation for “Maternal Health Week”
PRESENTED
ID 23-515 Recognition of Women's Commission Scholarship Recipients
PRESENTED
ID 23-381 Fresno Animal Center’s “Pet of the Month” presented by Fresno
Humane Animal Services
PRESENTED
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Karbassi Reports and Comments. Attended Read Across
America at Bullard Talent and Liddell Elementary School. Met with the new
CHP Captain for Central California to discuss organized retail theft.
Discussed the recent Advance Armenia Fund telethon. Attended the Clovis
Unified Students of Promise Banquet. Acknowledged the administration and
staff for attending the Audubon Corridor meeting to discuss the traffic issues
and a poll to get the neighborhood’s feedback. Announced and
congratulated District 2’s Woman of the Year, Kim Shehadey.
Councilmember Arias Reports and Comments. Announced upcoming
District 3 community meetings to discuss the budget and obtain input on the
neighborhood priorities. Acknowledged the administration and staff for
starting work on the Palm and Belmont bike lanes. Acknowledged the
residents of Tower District, West Fresno, and the Poverllo, for
accommodating the homeless residents who have been sheltering in the
warming centers. Announced the upcoming community meeting with the
neighborhood to discuss the cooling centers to get the residents’ input.
Invited the City Council to attend the Edison High School Latino
Commencement on June 4, 2023, at McLane High School stadium.
Discussed the agenda items regarding additional motels and opening them
to shelter the homeless.
City of Fresno ***Subject to Mayoral Veto Page 4
March 30, 2023City Council Meeting Minutes
Councilmember Chavez Reports and Comments. Gave an update on the
trail status from Calwa and Peach and requested an operation cleanup in
the canals. Met with the Clean Energy Climate Center to discuss the public
energy choice. Acknowledged the residents surrounding Saint Anthony
Claret Church for providing feedback regarding the trial and announced that
another meeting would be held soon.
Councilmember Bredefeld Reports and Comments. Acknowledged staff for
working on the homeless issues in the underground tunnel on the Sugar
Pine Trail.
Councilmember Esparza Reports and Comments. Acknowledged staff and
residents for attending the spring blitz town hall meetings. Held a
neighborhood watch meeting at Lafayette Park and acknowledged the
Central Police Department for attending the meeting. Acknowledged and
congratulated District 7’s Woman of the Year, Christine Barker Dominguez.
Attended the Finance and Audit Committee on March 27, 2023, to discuss
the ACFR. Acknowledged the Code Enforcement and School Area Team for
the outreach at Turner Elementary School. Recognized Clinica Sierra Vista
and the ribbon cutting grand opening at the Link for the new housing
development. Discussed the Latino Commencement and the donations that
are being collected. Hosted the CBIO Organization in the Council Chambers
regarding Senate Bill 227 expanding unemployment benefits.
Vice President Perea Reports and Comments. Discussed sponsoring the
next 100 adoptions at the Fresno Animal Center; for more information,
contact District 1 at 559-621-7817. Announced upcoming community
meeting on April 13, 2023, at 5:30 p.m. at Teague Community Center
located at 4718 North Polk. Acknowledged the Executive Director of the
Highway City Community Development Corporation, April Henry, for
organizing a block party at the Teague Community Center. Announced the
upcoming Community Health Fair block party at Inspiration Park from 11:00
a.m. to 3:00 p.m. Acknowledged District 1 and District 4 teams for hosting
the Women of the Year event and congratulated District 1’s Woman of the
Year Detective Ariana Motter.
Council President Maxwell Reports and Comments. Congratulated Mrs.
Badger’s 6th-grade elementary students at Erickson Elementary School for
recycling and providing groceries for families. Recognized the District 4
Business of the Month, Aerozone Trampoline Park. Acknowledged District
City of Fresno ***Subject to Mayoral Veto Page 5
March 30, 2023City Council Meeting Minutes
4’s Woman of the Year, Kina Mcfadden. Recognized Parking Division
employee Andre Summers for his heroic moment in saving an elderly
individual experiencing a medical condition.
MAYOR/MANAGER REPORTS AND COMMENTS
Mayor Dyer Reports and Comments. Acknowledged that more than 600
firefighters attended the City of Fresno fire Symposium. Attended the ribbon
cutting and grand opening of the Clinica Sierra Vista. Attended the Monarch
ribbon cutting where there will be 57 affordable housing units available.
Announced the FresYes event held the previous Saturday brought
approximately 20,000 people into Downtown Fresno.
UNSCHEDULED COMMUNICATION
Upon call, the following members of the public addressed Council: Natalie
Delgado (3 pm); Fernando Elizondo, Alicia Jacoby; Stephanie Blake; Brandi
Nuse-Villegas (1-B, 1-T, 1-WW); Kristin P; Kevin Johnson; Krystal; Jerome
Lopez; Arnold Minor; Papa Lou; Dez Martinez; Eric Gary; Jim Marshall;
Robert McCloskey (1025); Cindy Pombino (1-T); Susan Rosendo; Brandi
Phillips; Miss Williams; Lisa Flores, and Karla Martinez (1-R).
The following members of the public address Council spoke in opposition of
the Kings Canyon name change: Michaelynn Lewis; Mary Haskin; Sue
Williams; Heidi Nakayamg; Sharron Williams; Mary Macias; Hester Hensley;
Keith Gooch; Debbie Christian; Avis Braggs; Fannie Beard; Karen Musson;
Bob Mitchell; Jim Marshall; Dr. Henry Hendrick; Shawn Robinson; Jackie
Grazier; Penny Hagopian; Doris Ashley; Monica Harrison; Aletha Lang;
Curtis Snowden; Paul Garcia, and Lisa Flores.
The following members of the public address Council spoke in support of the
Kings Canyon name change: Linda Martinez; Dr. Kapoor Willie Lopez;
Venancio Gaona; Grace Solis; Paul Garcia; Jorge Guizar; Mark Batebano;
Al Ramero; Jose Leon Barraza; Jose Luis Barraza; Eddie Varela; Gloria
Hernandez; Guadalupe Gutierrez; Angle Noriega; Stan Santos; Olga Valle;
Rosemary Moreno, and Brandi Nuse-Villegas.
ID 23-583 Public Comment received during the City Council Regular Meeting on
March 30, 2023.
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Bredefeld, seconded by Councilmember
City of Fresno ***Subject to Mayoral Veto Page 6
March 30, 2023City Council Meeting Minutes
Karbassi, the CONSENT CALENDAR was adopted by the following
vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Chavez and Bredefeld6 -
Absent:Arias1 -
1.-A.ID 23-505 Approval of Minutes for March 9, 2023, Regular Meeting
APPROVED ON CONSENT CALENDAR
1.-C.ID 23-539 RESOLUTION - Amending the Council Communication Policy
The above item was removed from the agenda by staff and tabled to April
20, 2023.
TABLED
1.-D.ID 23-495 Approve the appointments of Dr. Honora Chapman, Brynn Saito,
Jessica Giffen, Heather Kuyper-McKeithen, Bryan Harley, and the
reappointment of Megan Bohigian to the Fresno Poet Laureate
Selection Committee for terms ending on December 31, 2024. Approve
the appointment of Carlota Kincaid to the Disability Advisory
Commission for a term ending on June 30, 2024.
APPROVED ON CONSENT CALENDAR
1.-F.ID 23-520 *** RESOLUTION - Authorizing and directing the submission of a grant
application to the California Department of Housing and Community
Development Infill Infrastructure Grant - Catalytic Qualifying Infill Area
Program, Phase II, totaling up to $45,000,000 in a request for funding.
(Subject to Mayor’s Veto)
RESOLUTION 2023-063 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-H.ID 23-391
Actions pertaining to American Rescue Plan Act (ARPA) funding to
Southwest Fresno Development Corporation (SWFDC)
1. Approve an agreement with SWFDC allocating $1,000,000
in ARPA funding for the No Place Like Home Initiative.
APPROVED ON CONSENT CALENDAR
1.-I.ID 23-384 Actions related to the Transformative Climate Communities (TCC) grant
program:
1. Affirm the City Manager’s determination that KMc Strategic
Solutions, LLC is uniquely qualified to deliver the remaining grant
obligations initiated by a previous consultant.
City of Fresno ***Subject to Mayoral Veto Page 7
March 30, 2023City Council Meeting Minutes
2. Approve a Sub-Recipient Agreement with the KMc Strategic
Solutions, LLC for the Data and Reporting Community Partner
component of the Transform Fresno Community Engagement
Plan totaling $72,408.
APPROVED ON CONSENT CALENDAR
1.-K.ID 23-443 Approve Amendment No. 5 to the Rimini Street, Inc. Services
Agreement decreasing the application support for its PeopleSoft and
Human Capital Management systems fees by $144,669 due to the
implementation of Tyler Munis Financials for a remaining annual support
fee in FY23 of $217,004.
APPROVED ON CONSENT CALENDAR
1.-L.ID 23-488 Actions pertaining to funding reimbursement from Fresno Unified School
District (FUSD):
1. Approve a one-year agreement between the City of Fresno (City)
and FUSD to conduct the Sports, Play, Active Recreation for Kids
(SPARK) program at up to twenty-nine (29) school sites from
August 2023 through June 2024.
2. Authorize the City Manager to execute the Independent Services
Agreement with FUSD to reimburse the City up to $743,000 for
SPARK programming.
APPROVED ON CONSENT CALENDAR
1.-N.ID 23-532 ***RESOLUTION - Authorizing an urgent necessity exemption under the
Fresno Charter, Procurement and Competitive Bidding Section 1208(a)
(5)(v) to approve payment for security services provided by AmeriGuard
Security Services at the Maxie L. Parks and Paul “Cap” Caprioglio
(Bulldog and Sixth) Community Centers totaling $59,300. (Requires 5
votes) (Subject to Mayor’s Veto) (Citywide)
RESOLUTION 2023-065 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-O.ID 23-517 Actions pertaining to the Fresno City Employees Association (FCEA) for
Unit 3
1.***Adopt a Side Letter of Agreement with the Fresno City Employees
Association (FCEA) for Unit 3, Non-Supervisory White Collar (Subject to
Mayor’s Veto)
2.***RESOLUTION: Adopt the Tenth Amendment to Fiscal Year 2023
Salary Resolution No. 2022-152, amending Exhibit 3, Unit 3,
Non-Supervisory White Collar (FCEA), as required by the Side Letter of
Agreement with the Fresno City Employees Association (Subject to
Mayor’s Veto)
RESOLUTION 2023-066 ADOPTED
City of Fresno ***Subject to Mayoral Veto Page 8
March 30, 2023City Council Meeting Minutes
APPROVED ON CONSENT CALENDAR
1.-P.ID 23-518 Actions pertaining to the City of Fresno Professional Employees
Association (CFPEA) for Unit 13
1. ***Adopt a Side Letter of Agreement with the City of Fresno
Professional Employees Association (CFPEA) for Unit 13,
Exempt Supervisory and Professional and Non-Exempt
Professional (Subject to Mayor’s Veto)
2. ***RESOLUTION: Adopt the Eleventh Amendment to Fiscal Year
2023 Salary Resolution No. 2022-152, amending Exhibit 13-1,
Unit 13, Exempt Supervisory and Professional (CFPEA) and
Exhibit 13-2, Unit 13, Non-Exempt Professional (CFPEA), as
required by the Side Letter of Agreement with City of Fresno
Professional Employees Association; and amending Exhibit 13-1,
Unit 13, Exempt Supervisory and Professional (CFPEA) to
increase the salary range for the Project Manager classification
(Subject to Mayor’s Veto)
RESOLUTION 2023-067 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-Q.ID 23-519 Actions pertaining to amendments to resolutions related to classification
title for the Airports Property Specialist, classification and compensation
for Payroll Accountants and Deputy City Manager and modifying
Certificate Pay for Unit 2 employees.
1. ***RESOLUTION - Adopt the 12th Amendment to the FY 2023
Salary Resolution No. 2022-152, amending Exhibit 3, Unit 3,
Non-Supervisory White Collar (FCEA) by retitling Airports
Property Specialist I and Airports Property Specialist II to Property
Specialist I and Property Specialist II, amending Exhibit 2,
Non-Represented Management and Confidential, Increasing the
top of Range E20 from $7,596 to $10,364, assigning Deputy City
Manager from Range E6 to E5 and amending Section 14
Certificate Pay to Professional Certificate and License Pay and
modifying the language to change the compensation rate and
expand the benefit to include additional licenses and certifications
as approved by the City Manager, effective March 27, 2023.
(Subject to Mayor’s Veto)
RESOLUTION 2023-068 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-R.ID 23-483 Approve agreement between the City of Fresno and Fresno
Interdenominational Refugee Ministry (FIRM) in the amount of
$459,266.79 in Community Development Block Grant - Coronavirus
(CDBG-CV) funds to provide tenant and landlord counseling.
City of Fresno ***Subject to Mayoral Veto Page 9
March 30, 2023City Council Meeting Minutes
APPROVED ON CONSENT CALENDAR
1.-S.ID 23-485 ***RESOLUTION - Adopting Substantial Amendment 2020-04 to the
Fiscal Year (FY) 2020-2021 Annual Action Plan and approving
submission to the U.S. Department of Housing and Urban Development
(HUD) to utilize reprogrammed Community Development Block Grant
(CDBG) funds to develop affordable senior housing. (Subject to Mayor’s
Veto)
RESOLUTION 2023-058 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-U.ID 23-407 Approve Memorandum of Understanding between the City of Fresno
and UP Holdings, LLC for the construction of sustainable transportation
infrastructure and transit related amenities pursuant to UP Holdings’
Affordable Housing and Sustainable Communities (AHSC) Program
application due April 4, 2023.
APPROVED ON CONSENT CALENDAR
1.-V.ID 23-385 Approve an $849,209 State and Local Fiscal Recovery Funds (part of
the American Rescue Plan) Agreement with Fresno City College for
labor and supervision costs related to the construction of 24 Tiny
Homes.
APPROVED ON CONSENT CALENDAR
1.-W.ID 23-511 Actions pertaining to triage center/emergency shelter homeless services
agreements provided under the Homeless Housing, Assistance, and
Prevention (HHAP) program:
1. Approve an Agreement with Turning Point of Central California to
operate Parkway Inn and Valley Inn emergency shelters in the
total amount of $3,711,155.
2. Approve an Agreement with Elevate Community Services to
operate Ambassador Inn, Villa Motel and Travel Inn emergency
shelters in the total amount of $5,203,299.
APPROVED ON CONSENT CALENDAR
1.-X.ID 23-530 *** RESOLUTION - Declaring a 1.21-acre parcel of land improved with
retail suites, located at 4323-4333 N. Blackstone Avenue, Fresno,
California, (APN 426-253-19), to be exempt surplus land and directing
staff to comply with the open and competitive request for proposals
(RFP) process for the disposition of this property for an affordable
housing development as required by FMC Section 4-204 (District 4)
(Subject to Mayor’s Veto)
RESOLUTION 2023-070 ADOPTED
City of Fresno ***Subject to Mayoral Veto Page 10
March 30, 2023City Council Meeting Minutes
APPROVED ON CONSENT CALENDAR
1.-AA.ID 23-491 Actions pertaining to the Fresno Police Department Regional Training
Center (FPDRTC)
1. Affirm City Manager’s determination that Advanced Combat
Evolutions is uniquely qualified to provide CA POST Basic sniper
training; and
2. Authorize the Chief of Police to enter into a three-year Agreement
with two one-year extensions with Advanced Combat Evolutions to
provide CA POST Basic Sniper class certification training at the Fresno
Police Department Regional Training Center (FPDRTC) in an amount
not to exceed $81,545.20, with any new fee increases in the extension
years being negotiated
APPROVED ON CONSENT CALENDAR
1.-DD.ID 23-460 Actions pertaining to the summary vacation of a temporary storm drain
basin easement on Parcel D and Parcel E of Tentative Parcel Map No
2021-08, lying south of East Audubon Drive, between North Friant
Avenue and East Cole Avenue (Council District 6):
1. Adopt a finding of Categorical Exemption per Environmental
Assessment Number PW13227 per staff determination, pursuant
to Section 15301, Class 1 (b, c) Existing Facilities of the
California Environmental Quality Act (CEQA) Guidelines
2. RESOLUTION - Ordering the summary vacation of a temporary
storm drain basin easement on Parcel D and Parcel E of
Tentative Parcel Map No 2021-08, lying south of East Audubon
Drive, between North Friant Avenue and East Cole Avenue
RESOLUTION 2023-071 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-EE.ID 23-472 Approve Amendment No. 2 to Cooperative Project Agreement for
Short-Term Regional Transportation Program Urban Project I2, the
Peach Avenue Widening from Jensen Avenue to Butler Avenue, in the
amount of $2,850,000 with the Fresno County Transportation Authority
(Council Districts 5)
APPROVED ON CONSENT CALENDAR
1.-FF.ID 23-477 Approve Contract Change Order No. 13 with Avison Construction
extending the date of completion to July 6, 2022 for the Clovis Avenue
Metro Trail - McKinley to Shields (Midtown Trail Segment 5) Project ID
PW00764 (Council District 4)
APPROVED ON CONSENT CALENDAR
1.-GG.ID 23-474 Approve an increase to the requirements contract for Weekly Landscape
City of Fresno ***Subject to Mayoral Veto Page 11
March 30, 2023City Council Meeting Minutes
Maintenance Services in the amount of $520,000.00 to Brightview
Landscape Services and $123,000.00 to Elite Maintenance & Tree
Services, both of Fresno, California for a total of $643,000.00. (Bid File
No. 9273) (City wide)
APPROVED ON CONSENT CALENDAR
1.-HH.ID 23-464 RESOLUTION - Authorizing application for additional formulaic funds
from the Local Partnership Program for the Blackstone Avenue and
McKinley Avenue BNSF Grade Separation Project (Council Districts 1
and 7)
RESOLUTION 2023-072 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-II.ID 23-479 ***RESOLUTION - Adopting the 27th amendment to the Annual
Appropriation Resolution No. 2022-154 appropriating $700,000 for High
Speed Rail Development Services (Requires 5 Affirmative Votes)
(Subject to Mayor’s Veto)
Councilmember Bredefeld registered a "no" vote on the above item. As
such, this item was APPROVED 5-1 by the following vote:
Aye (5): Perea, Karbassi, Maxwell, Chavez, Esparza
No (1): Bredefeld
Absent (1): Arias
RESOLUTION 2023-073 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-JJ.ID 23-462 Actions pertaining to on-call professional engineering services for the
Public Works Engineering Division on City of Fresno capital
improvement projects (Citywide)
1. Approve an On-Call Consultant Services Agreement with Mark
Thomas & Company, Inc., in the amount of $750,000
2. Approve an On-Call Consultant Services Agreement with TJKM
Transportation Consultants, in the amount of $750,000
3. Approve an On-Call Consultant Services Agreement with QK Inc.,
in the amount of $750,000
Vice President Perea recused herself from the above item. As such, the item
was APPROVED-5-0 by the following vote:
Aye (5): Karbassi, Maxwell, Chavez, Bredefeld, Esparza
Absent (1): Arias
Rescued (1): Perea
City of Fresno ***Subject to Mayoral Veto Page 12
March 30, 2023City Council Meeting Minutes
APPROVED ON CONSENT CALENDAR
1.-KK.ID 23-272 Actions pertaining to the North Avenue sewer trunk main realignment
(Council Districts 3, 5 and Fresno County):
1. RESOLUTION - Adopt Resolution authorizing an exception to the
formal bidding procedures and award a sole source
telecommunications adjustment agreement with CenturyLink
Communications, LLC.
2. Award a telecommunications adjustment agreement in the amount of
$675,081.78 with CenturyLink Communications, LLC, for relocation
of telecommunications facilities that conflict with the North Avenue
sewer trunk main realignment project.
RESOLUTION 2023-074 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-LL.ID 23-473
Actions pertaining to the emergency repair of the North Avenue sewer
trunk main (Council Districts 3, 5 and Fresno County):
1. Adopt a finding of Categorical Exemption pursuant to Class 1,
Section 15301(b) (Existing Facilities) and Section 15301(d)
(Restoration or Rehabilitation) of the California Environmental
Quality Act Guidelines
2. ***RESOLUTION - Declaring an urgent necessity for the preservation
of life, health, property and authorizing the City Manager or
designee, to enter into agreements without advertised competitive
bidding for the emergency repair of the North Avenue sewer trunk
main (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto)
3. Approve a Third Amendment to the consultant services agreement
with Carollo Engineers Inc., to increase the fee amount by
$180,500 for a total amended contract amount of $394,990
inclusive of a $22,000 contingency, revise the means of
compensation language from Total Fee basis to Time and
Materials, and extend the agreement term from March 31, 2023, to
March 31, 2025
RESOLUTION 2023-075 ADOPTED
APPROVED ON CONSENT CALENDAR
1.
-MM.
ID 23-469 Actions pertaining to the Replacement and Repair of Structural
Components at the Fresno-Clovis Regional Wastewater Reclamation
Facility - Phase 1 (Bid File 12301055) (Council District 3):
1. Adopt a finding of Categorical Exemption pursuant to Sections
15301/Class 1 and 15302/ Class 2 of the California
Environmental Quality Act Guidelines
2. Award a construction contract to Ashron Construction and
Restoration, Inc., of Galt, California, in the amount of $1,981,400
City of Fresno ***Subject to Mayoral Veto Page 13
March 30, 2023City Council Meeting Minutes
APPROVED ON CONSENT CALENDAR
1.-NN.ID 23-440 Approve Second Amendment to the consultant services agreement with
CDM Smith, Inc., to expand the scope of services and increase the
contract amount by $85,200 for to a total amount of $745,650, for
groundwater investigation and remedial action at the City of Fresno
Sanitary Landfill (Council District 3)
APPROVED ON CONSENT CALENDAR
1.-OO.ID 23-418 Actions pertaining to purchase of United States Central Valley Project
waters:
1. Adopt a finding of statutory exemption pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 15282(u).
2. ***RESOLUTION - Authorizing the execution of contracts annually
for Uncontrolled Season water, Section 215 water, Recovered Water
Account water, and Recaptured water between the United States
and the City of Fresno through February 28, 2025, and authorizing
the Director of Public Utilities to purchase and accept the
aforementioned water annually in an amount not to exceed $4
million. (Subject to Mayor’s Veto)
RESOLUTION 2023-076 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-PP.ID 23-397
Reject all bids for the Requirements Contract for Single Jet Water
Meters (Bid File 9660) (Citywide)
APPROVED ON CONSENT CALENDAR
1.-QQ.ID 23-503 Approve the appointment of Amy Fuentes to the Women’s Commission
for a term ending March 30, 2025
APPROVED ON CONSENT CALENDAR
1.-RR.ID 23-507 Approve the appointment of Julie Congi to the Bicycle and Pedestrian
Advisory Committee (BPAC) for a term ending March 30, 2026, and
approve the appointment of Tom Key to the Tower District Design
Review Committee for a term ending December 31, 2024.
APPROVED ON CONSENT CALENDAR
1.-SS.ID 23-487 Approve the reappointment of Lydia Zabrycki (Private Sector), to the
Fresno Regional Workforce Development Board for a term ending
November 1, 2024. Approve the appointment of Carole Goldsmith
(Education Sector) for a term ending November 1, 2023, Shayn
Anderson (ED/Gov’t. Sector), for a term ending November 1, 2023, and
City of Fresno ***Subject to Mayoral Veto Page 14
March 30, 2023City Council Meeting Minutes
Chris Zeitz (ED/Gov’t. Sector) to the Fresno Regional Workforce
Development Board for a term ending November 1, 2023.
APPROVED ON CONSENT CALENDAR
1.-TT.ID 23-412 Approve the appointment of Vincent Trillo to the Immigration and
Resident Affairs Committee
APPROVED ON CONSENT CALENDAR
1.-UU.ID 23-516 ***RESOLUTION - Expanding Access to Free Feminine Hygiene
Products in City Hall Facilities (Subject to Mayor’s Veto)
RESOLUTION 2023-077 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-VV.ID 23-529 Bill (For introduction) - Amending Section 12-4.1603 of the Fresno
Municipal Code, revising the definition of infill project for purposes of the
fee waiver program for certain residential infill projects
BILL B-5 INTRODUCED AND LAID OVER
APPROVED ON CONSENT CALENDAR
1.
-WW.
ID 23-538 ***RESOLUTION - Approving the Application for Grant Funds for Arte
Americas (Subject to Mayor’s Veto)
RESOLUTION 2023-059 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-XX.ID 23-390 Approve the appointment of Elisa Rivera to the Tower District Review
Committee for a term which serves at the pleasure of the
Councilmember
APPROVED ON CONSENT CALENDAR
CONTESTED CONSENT CALENDAR
1.-B.ID 23-500 ***RESOLUTION - In support of Fresno Council of Governments or
Fresno County to provide and restore Yosemite Area Regional Transit
System (YARTS) funding for continuation of temporary trial service and
to restore YARTS for the 2023 season and engage in Joint Powers
Authority discussions for permanent service on the SR 41 route.
(Council District 4)(Subject to Mayor’s Veto)
Councilmember Bredefeld moved this item to Contested Consent to discuss
the County of Fresno's participation in continuing the funding for the
temporary trail services to the Yosemite Area Regional Transit System.
City of Fresno ***Subject to Mayoral Veto Page 15
March 30, 2023City Council Meeting Minutes
RESOLUTION 2023-062 ADOPTED
On motion of Councilmember Bredefeld, seconded by Vice President
Perea, that the above Action Item be ADOPTED. The motion carried by
the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.-E.ID 23-509 Approval of a two-year License Agreement with Activated Events LLC,
to produce and hold special event concerts (dba/ Boots in the Park) at
Woodward Park (Council District 6).
Councilmember Bredefeld moved this item to Contested Consent to discuss
the offsite parking for the events and the plan in place to ensure the event at
Woodward Park would not impact residents.
APPROVED
On motion of Councilmember Bredefeld, seconded by Vice President
Perea, that the above Action Item be APPROVED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.-G.ID 23-498 RESOLUTION - Initiating a Text Amendment to the Zoning Ordinance
pursuant to Fresno Municipal Code Section 15-5803-A (1), to permit
residential conversions in the Office Zone District, allow ministerial
approval of office-to-residential conversions, and allow ministerial
approval of housing near bus stops and in zone districts that allow
mixed-use
The above item was introduced to Council by Vice President Perea and
Councilmember Chavez.
Councilmember Esparza moved this item to Contested Consent to discuss
the general plan and mixed-use zones.
Council discussion on this item included: the mixed-use zone and what that
includes; converting spaces into office space; concerns with ministerial
approvals in mixed-use zones; the ability to hold developers accountable;
Council’s ability to take action on behalf of residents; the process for
community / Council input; the appeal process; notifying Councilmembers of
ministerial approvals in their districts; obtaining neighborhood input before
development approval, and; consistency across the city.
City of Fresno ***Subject to Mayoral Veto Page 16
March 30, 2023City Council Meeting Minutes
Council Vice President Perea motioned to approve the item with the friendly
amendment suggested by Councilmember Esparza. The friendly
amendment was to send notices to Councilmembers, followed by notices to
neighbors, informing them of the project, the ministerial nature of the project,
and any recourse available to neighbors.
RESOLUTION 2023-064 ADOPTED AS AMENDED
On motion of Vice President Perea, seconded by Councilmember
Chavez, that the above Action Item be ADOPTED AS AMENDED. The
motion carried by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.-J.ID 23-490 Actions pertaining to amending Job Order Contracting Agreements
necessary to complete such projects as the Animal Center Shade and
Turf, Police Department Vehicle Training Course Repairs, Woodward
Park Diesel Tank Installation and Fire Station 11 Motorized Gate and
Fencing:
1. Adopt findings of Categorical Exemption pursuant to Section 15301
(d) of the California Environmental Quality Act (CEQA) Guidelines
2. Approve an amendment to the Job Order Contracting (JOC)
agreement between City of Fresno and Durham Construction Co.,
Inc., increasing the contract authority from $1,000,000 to a total
of $2,000,000 for the current year ending September 2023
3. Approve an amendment to the Job Order Contracting (JOC)
agreement between City of Fresno and Puma Construction Co.,
Inc., increasing the contract authority from $1,000,000 to a total
of $2,000,000 for the current year ending September 2023
4. Authorize the Director of General Services to execute all related
documents
Councilmember Arias moved this item to Contested Consent to discuss
whether the proposal violated the signed Project Labor Agreement and to
determine if each project was under $1 million.
APPROVED
On motion of Councilmember Arias, seconded by Councilmember
Chavez, that the above Action Item be APPROVED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
City of Fresno ***Subject to Mayoral Veto Page 17
March 30, 2023City Council Meeting Minutes
1.-M.ID 23-478 Actions pertaining to the Parks, After School Recreation and Community
Services Department’s (PARCS) Summer Swim Program with Fresno
Unified School District:
1) Approve a one-year facility use “Blue Space” Agreement with
Fresno Unified School District (FUSD) to use FUSD high school
pools for City-led swim lessons and recreational swim (aquatics).
2) Authorize the City Manager or designee to execute and
administratively extend the Facility Use Blue Space Agreement
with FUSD on an annual basis.
Councilmember Arias moved this item to Contested Consent to discuss
concerns with the contract allowing renewal by the administration without
Council approval.
Councilmember Arias motioned to approve the item with an amendment to
require renewal by Council action and to eliminate renewal by the
administration.
APPROVED AS AMENDED
On motion of Councilmember Arias, seconded by Councilmember
Chavez, that the above Action Item be ADOPTED AS AMENDED. The
motion carried by the following vote:
Aye:Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld6 -
No:Karbassi1 -
1.-T.ID 23-486 Actions pertaining to mobile medical clinic operations funded through
the U.S. Department of Housing and Urban Development (HUD)
entitlement funds to prevent, prepare for, and respond to COVID-19:
1. ***RESOLUTION - Adopting and approving submission of
Substantial Amendment 2019-08 to the 2019-2020 Annual Action
Plan to the U.S. Department of Housing and Urban Development
(HUD) to reprogram $1,342,600 in Community Development
Block Grant Coronavirus (CDBG-CV) funds to prevent, prepare
for, and respond to the Coronavirus (COVID-19), and authorizing
the City Manager or their designee to sign all necessary
implementing documents. (Subject to Mayor’s Veto)
2. Approve an agreement between the City of Fresno and the
University of California, San Francisco, Fresno (UCSF, Fresno) in
the amount of $1,342,600 in CDBG-CV funds to operate a mobile
medical clinic.
Councilmember Arias moved this item to Contested Consent to discuss the
scope of work of the UCSF contract to provide medical services to residents
and the homeless community.
City of Fresno ***Subject to Mayoral Veto Page 18
March 30, 2023City Council Meeting Minutes
RESOLUTION 2023-069 ADOPTED
On motion of Councilmember Arias, seconded by Councilmember
Chavez, that the above Action Item be ADOPTED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.-Y.ID 23-376 Authorize the Chief of Police to execute a Memorandum of
Understanding with the Resiliency Center of Fresno to assist child
victims exposed to trauma.
Councilmember Arias moved this item to Contested Consent to discuss the
services to be provided at the Resiliency Center.
APPROVED
On motion of Councilmember Arias, seconded by Councilmember
Bredefeld, that the above Action Item be APPROVED. The motion
carried by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.-Z.ID 23-489 Actions pertaining to the Fresno Police Department Helicopter
“Skywatch” Unit.
1. Affirm City Manager’s determination that Safran Helicopter
Engines USA Inc. is uniquely qualified to provide service and
support of our helicopters; and
2. Approve an amended to the agreement with Safran Helicopter
Engines USA Inc. extending the term of the contract to December
31, 2025, and increasing the payment and insurance for a total
not-to-exceed amount of $450,000 annually (or $1,800,000 over
four years)
Councilmember Arias moved this item to Contested Consent to discuss
plans to replace the helicopter.
Council discussion on this item included: partnering with the Sheriff and or
Highway Patrol to share helicopters; the possibility of utilizing American
Rescue Plan Appropriation funds; past council priorities; updating the name
of the helicopter, and; the possibility of borrowing funds from other projects
to be paid back in later years.
APPROVED
City of Fresno ***Subject to Mayoral Veto Page 19
March 30, 2023City Council Meeting Minutes
On motion of Councilmember Arias, seconded by Councilmember
Chavez, that the above Action Item be APPROVED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.-BB.ID 23-492 Authorize the Chief of Police to enter into a cooperative purchase
agreement between the City of Fresno and Motorola Solutions to
purchase Motorola APX 8000 all-band portable police radios and related
accessories in an amount not to exceed $220,000 for use by the Special
Weapons and Tactics Team (SWAT) and other specialized tactical
units.
Councilmember Arias moved this item to Contested Consent to discuss why
radios were only being purchased for certain units rather than addressing
the issue with the city wide radio system.
Council discussion on this item included the issues with the city wide radio
system and the plan to upgrade the system. Councilmembers requested a
memo regarding the plan to address the radio system.
APPROVED
On motion of Councilmember Arias, seconded by Councilmember
Chavez, that the above Action Item be APPROVED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:00 A.M.
ID 23-414 Appearance by Sharlene Evans to discuss the lack of service
veterinarians to spay/neuter Fresno’s Community/feral cats (Resident of
District 4)
APPEARED
9:03 A.M.
ID 23-447 Appearance by Ann Adams to discuss the low cost spay/neuter program
(Resident of District 1)
APPEARED
City of Fresno ***Subject to Mayoral Veto Page 20
March 30, 2023City Council Meeting Minutes
10:00 A.M.
ID 23-458 HEARING to adopt resolutions and ordinance to annex
territory and levy a special tax regarding City of Fresno
Community Facilities District No. 11, Annexation No. 137
(Final Tract Map No. 6299) (Southeast corner of East
Belmont Avenue and North Armstrong Avenue) (Council
District 5)
1. ***RESOLUTION - to Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a
Special Tax for Annexation No. 137 (Subject to Mayor’s
Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election
(Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to
Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a
Special Tax for the Property Tax Year 2022-2023 and
Future Tax Years Within and Relating to Community
Facilities District No. 11, Annexation No. 137 (Subject to
Mayor’s Veto)
The above hearing was called to order at 1:57 p.m. There was no staff
presentation and no Council discussion. Upon call, there was no public
comment and the public comment period closed at 1:57 p.m.
RESOLUTION 2023-078 ADOPTED
RESOLUTION 2023-079 ADOPTED
RESOLUTION 2023-080 ADOPTED
BILL B-6 INTRODUCED / ADOPTED AS ORDINANCE 2023-005
On motion of Councilmember Chavez, seconded by Vice President
Perea, that the above Action Item be ADOPTED. The motion carried by
the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
10:05 A.M.
ID 23-459 HEARING - To adopt Resolutions and Ordinance to annex
territory and levy a special tax regarding City of Fresno
Community Facilities District No. 17, Annexation No. LS003
(Final Tract Map No. 6299) (Southeast corner of East
Belmont Avenue and North Armstrong Avenue) (Council
District 5)
City of Fresno ***Subject to Mayoral Veto Page 21
March 30, 2023City Council Meeting Minutes
1. ***RESOLUTION - to Annex Territory to Community
Facilities District No. 17 and Authorizing the Levy of a
Special Tax for Annexation No. LS003 (Subject to Mayor’s
Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election
(Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to
Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a
Special Tax for the Property Tax Year 2022-2023 and
Future Tax Years Within and Relating to Community
Facilities District No. 17, Annexation No. LS003 (Subject
to Mayor’s Veto)
The above hearing was called to order at 1:58 p.m. There was no staff
presentation and no Council discussion. Upon call, there was no public
comment and the public comment period closed at 1:58 p.m.
RESOLUTION 2023-081 ADOPTED
RESOLUTION 2023-082 ADOPTED
RESOLUTION 2023-083 ADOPTED
BILL B-7 INTRODUCED / ADOPTED AS ORDINANCE 2023-006
On motion of Councilmember Chavez, seconded by Councilmember
Esparza, that the above Action Item be ADOPTED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
10:10 A.M. (HEARING CANCELLED - NO RETURN DATE)
ID 23-258 CANCELLED HEARING - To adopt Resolutions and Ordinance to annex
territory and levy a special tax regarding City of Fresno Community
Facilities District No. 11, Annexation No. 139 (Parc West) (located at
northwest corner of West Ashlan Avenue and North Grantland Avenue)
(Council District 1)
The above item was removed from the agenda by staff with no return date.
TABLED
10:15 A.M.
ID 23-456 HEARING to consider the vacation of a portion of a 16 foot-wide alley
adjacent and south of Lot 1 and a portion of Lot 2 of Walling Tract Map
(Council District 3):
City of Fresno ***Subject to Mayoral Veto Page 22
March 30, 2023City Council Meeting Minutes
1.***RESOLUTION - Ordering the vacation of a portion of a 16
foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2
of Walling Tract Map (Subject to Mayor’s Veto)
The above hearing was called to order at 1:58 p.m. There was no staff
presentation and no Council discussion. Upon call, there was no public
comment and the public comment period closed at 1:58 p.m.
RESOLUTION 2023-084 ADOPTED
On motion of Councilmember Arias, seconded by Councilmember
Bredefeld, that the above Action Item be ADOPTED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
10:20 A.M.
ID 23-435 HEARING to Consider Annexation Application No. P21-03755; Pre-zone
Application No. P21-03756; Tentative Parcel Map No. 2022-03; and
r e l a t e d E n v i r o n m e n t a l A s s e s s m e n t N o . T P M
2022-03/P21-03755/P21-03756 for approximately 0.68 acres of property
located on the south side of West Bullard Avenue, between North Maroa
and North Winchester Avenues (Council District 4).
1.ADOPT - Environmental Assessment No. TPM 2022-03/P21-
03755/P21-03756 dated January 25, 2023, a determination that
the proposed project is Categorically Exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to
Sections 15315/Class 15 (Minor Land Division), 15319(b)/Class
19 (Annexation of Existing Facilities and Lots for Exempt
Facilities), and 15061(b)(3) (Review for Exemption) of CEQA
Guidelines.
2.***RESOLUTION - Approving Annexation Application No. P21-
03755 (for the Bullard-Maroa No. 3 Reorganization) proposing
detachment from the Kings River Conservation District and North
Central Fire Protection District and annexation to the City of
Fresno. (Subject to Mayor’s Veto)
3.BILL - (For introduction and adoption) - Approving Pre -zone
Application No. P21-03756 proposing to pre -zone: approximately
0.68 acres of the subject property from the Fresno County R -1
-C/NB (Single-Family Residential/Neighborhood Beautification)
zone district to the City of Fresno RS -4 (Single-Family
Residential, Medium Low Density) zone district.
4.APPROVE - Tentative Parcel Map No. 2022-03, proposing to
subdivide approximately 0.68 acres of the subject property into a
4-lot single-family residential subdivision subject to compliance
City of Fresno ***Subject to Mayoral Veto Page 23
March 30, 2023City Council Meeting Minutes
with the Conditions of Approval dated February 15, 2023, and
contingent upon approval of Annexation No. P21-03755,
Pre-zone Application No. P21-03756, and the related
environmental assessment.
The above hearing was called to order at 1:59 p.m. There was no staff
presentation and no Council discussion. Upon call, there was no public
comment and the public comment period closed at 1:59 p.m.
RESOLUTION 2023-085 ADOPTED
BILL B-8 INTRODUCED / ADOPTED AS ORDINANCE 2023-007
On motion of Council President Maxwell, seconded by Councilmember
Arias, that the above Action Item be ADOPTED. The motion carried by
the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
10:25 A.M.
ID 23-493 HEARING to receive public comment on the 2022 Housing Element and
General Plan Annual Progress Reports
The above item was introduced to Council by Director Clark. Upon call, the
following members of the public addressed Council: Lisa Flores, Karla
Martinez, and James Marshal. The public comment period closed at 2:05
P.M.
HEARING HELD
10:30 A.M.
ID 23-453 HEARING to consider Development Permit Application No. P22-00565
and related Environmental Assessment No. P22-00565 pertaining to
±14.78 acres of property located on the southwest corner of East North
and South East Avenues (Council District 3) - Planning & Development
Department.
1.CONSIDER Environmental Assessment No. P22-00565, dated
October 28, 2022, a determination that the proposed project is
consistent with the existing general plan, community plan, and
zoning per Section 15183 of the State of California
Environmental Quality Act (CEQA); and,
2.DENY the appeal and UPHOLD the action of the Planning
Commission and Planning and Development Department
Director to approve Development Permit Application No. P22-
City of Fresno ***Subject to Mayoral Veto Page 24
March 30, 2023City Council Meeting Minutes
00565, authorizing the construction of a ±206,881 square-foot
warehouse facility subject to compliance with the Conditions
of Approval dated October 28, 2022 .
The above hearing was called to order at 2:05 p.m. and was presented to
Council by Applicant Representative Peter Peterson and Councilmember
Arias. Upon call, the following members of the public addressed Council:
Natalie Delgado, Isaac Serratas, and Lisa Flores. The was no Council
discussion.
Councilmember Arias motioned to approve the item as amended to include
several conditions he outlined as follows: 1) Dedicated truck route: located
North Avenue, the trucks will go from the freeway access and remain on
North into their facility to ensure that the trucks are not going to the
residential neighborhoods in order to get to the facility. 2) Ride Share
Parking: dedicated parking spaces, outside of the secured auto parking
area, designated for rideshare or employee for drop-off and pick-up. 3)
Outdoor and indoor amenity spaces: Amenity spaces are provided for
employee's break periods. The amenities areas shall include shade
structures, reflective pavement, and receptacles for trash and recycling. 4)
Truck and Equipment Idling: will be limited to two minutes instead of five
minutes. 5) Renewal energy: to convert fleet to electrification starting at 25%
by 2027, 50% by 2030, 75% by 2033, and 100% by 2036. Additionally, in
2024 all other service vehicles will be electric and there will be
improvements in the landscaping.
Councilmember Arias provided the City Clerk's Office a detailed written copy
of the conditions for inclusion as part of the official record on this matter.
APPROVED AS AMENDED
On motion of Councilmember Arias, seconded by Councilmember
Esparza, that the above Action Item be APPROVED AS AMENDED. The
motion carried by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
3:00 P.M.
ID 23-537 RESOLUTION-Initiating a text amendment to Chapter 15 of the Fresno
Municipal Code pursuant to FMC Section 15-5803-A relating to
regulation of e-commerce parcel delivery warehouses within the City of
Fresno
City of Fresno ***Subject to Mayoral Veto Page 25
March 30, 2023City Council Meeting Minutes
The above item was removed from the agenda by Councilmember Esparza
with no return date.
TABLED
6:00 P.M. (CONTINUED TO APRIL 20, 2023, AT 10:20 A.M.)
ID 23-229 HEARING to consider adoption of a resolution related to the designation
of a property to the Local Register of Historic Resources
1.***RESOLUTION - Designating the Sequoia Hotel/Fink & Skopp
building located at 925-933 Van Ness Avenue, Fresno California to the
Local Register of Historic Resources (APN46825403) (District 3)
(Subject to Mayor Veto).
The above item was removed from the agenda by staff and tabled to April
20, 2023, at 10:20 A.M.
TABLED
3. GENERAL ADMINISTRATION
3.-A.ID 23-117 Actions pertaining to amendments to resolutions related to classification
and compensation for the Emergency Services Dispatcher classification
series
1. ***RESOLUTION - Adopt the 9th Amendment to the FY 2023
Salary Resolution No. 2022-152, amending Exhibit 3, Unit 3,
Non-Supervisory White Collar (FCEA) by adding the new
classification of Emergency Services Call Taker and providing a
salary step plan range for the classification; amending Exhibit 3,
Unit 3, Non-Supervisory White Collar (FCEA) by increasing the
salary step plan range for Emergency Services Dispatcher I/II/III
classification; amending Exhibit 13-1, Unit 13, Exempt
Supervisory and Professional (CFPEA) by increasing the salary
step plan range for Emergency Services Communications
Supervisor and retitling the classification to Emergency Services
Dispatch Supervisor; and amending Exhibit 14, Unit 14,
Management Classes (CFMEA) by reinstating the benchmarked
classification of Emergency Services Communications Manager
with the respective salary step plan range for the classification
and retitling to Emergency Services Dispatch Manager, effective
March 27, 2023 (Subject to Mayor’s Veto)
2. ***RESOLUTION - Adopt the 7th Amendment to the Position
Authorization Resolution (PAR) No. 2022-153 adding one
full-time position for Emergency Services Dispatch Manager
(Subject to Mayor’s Veto)
City of Fresno ***Subject to Mayoral Veto Page 26
March 30, 2023City Council Meeting Minutes
The above item was presented to Council by Human Resources Manager
Perales and City Manager White. Upon call, there was no pubic comment
and no council discussion.
RESOLUTION 2023-060 ADOPTED
RESOLUTION 2023-061 ADOPTED
On motion of Councilmember Bredefeld, seconded by Councilmember
Esparza, that the above Action Item be ADOPTED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Chavez and Bredefeld6 -
Absent:Arias1 -
3.-B.ID 23-471 Actions pertaining to the development of Avalon Commons Phase I, a
60-unit affordable multifamily housing project to be located at 7521 N.
Chestnut Avenue in northeast Fresno (District 6).
1.Approve a $2,654,771 HOME Investment Partnerships Program
Agreement with Fresno Avalon Commons Phase I, LP for 11
HOME-assisted units within the project; and
2.Authorize the City Manager to execute a Permanent Local
Housing Allocation Agreement with Fresno Avalon Commons
Phase I, LP in the amount of $345,229, approved as to form by
the City Attorney’s Office; and
3.Authorize the City Manager to sign all implementing documents
required by the United States Department of Housing and Urban
Development and the California Department of Housing and
Community Development.
The above item was presented to Council by Assistant Director Skei. Upon
call, there was no public comment.
Council discussion on this item included the price of the affordable housing
and the per unit cost increases.
APPROVED
On motion of Councilmember Arias, seconded by Vice President Perea,
that the above Action Item be ADOPTED. The motion carried by the
following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Chavez6 -
No:Bredefeld1 -
3.-C.ID 23-521 Submission and Acceptance of the City of Fresno Annual
City of Fresno ***Subject to Mayoral Veto Page 27
March 30, 2023City Council Meeting Minutes
Comprehensive Financial Report (ACFR) and Annual Comprehensive
Dept Report (ACDR) for Fiscal Year 2022
The above item was presented by Finance Controller Danisi. Upon call,
there was no Council discussion and no public comment. The report was
accepted by Council.
REPORT ACCEPTED
3.-D.ID 23-536 Actions related to the reallocation of the American Rescue Plan Act
appropriations in order to improve compliance reporting requirements.
1. ***RESOLUTION - Adopt the 28th and 30th Amendment to the
Annual Appropriation Resolution (AAR) No 2022-154 reallocating
$67,253,800 in appropriations related to the Coronavirus State
and Local Fiscal Recovery Funds established under the American
Rescue Plan Act (ARPA) from the General Fund to the ARPA
Fund in order to improve compliance reporting requirements
(Requires 5 affirmative votes) (Subject to Mayor’s Veto)
2. ***RESOLUTION - Approve the Non-AAR reallocation of
$57,013,000 in appropriations in the American Rescue Plan Act
Fund from the Finance Department to various Departments in
order to improve compliance reporting requirements (Requires 5
affirmative votes) (Subject to Mayor’s Veto)
The above item was presented to Council by Deputy City Manager Torres.
Upon call, there was no public comment and no Council discussion.
RESOLUTION 2023-086 ADOPTED
RESOLUTION 2023-087 ADOPTED
RESOLUTION 2023-088 ADOPTED
On motion of Councilmember Arias, seconded by Councilmember
Esparza, that the above Action Item be ADOPTED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Chavez6 -
Absent:Bredefeld1 -
4. CITY COUNCIL
5. CLOSED SESSION
During open session, City Attorney Janz announced the items that would be
discussed in closed session.
Council withdrew from open session to hear closed session items at 3:38
City of Fresno ***Subject to Mayoral Veto Page 28
March 30, 2023City Council Meeting Minutes
p.m.
5.-A.ID 23-481
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION -
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Terance Frazier, et al. v. City of Fresno, et al. United
States District Court Case No.: 1:30-cv-01069
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
5.-B.ID 23-482
POTENTIAL EXPOSURE TO LITIGATION: Government Code Section
54956.9, subdivision (d)(2)
Central Valley NMTC Fund, LLC., v. City of Fresno
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
5.-C.ID 23-523
CONFERENCE WITH LABOR NEGOTIATORS - Government Code
Section 54957.6
City Negotiators: TJ Miller
Employee Organizations:
1.International Union of Operating Engineers, Stationary Engineers,
Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3.
Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International
Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5.
Amalgamated Transit Union, Local 1027 (ATU); 6. International
Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police
Officers Association (FPOA Management); 8. International Association
of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno
Professional Employees Association (CFPEA); 10. City of Fresno
Management Employees Association (CFMEA); 11. Operating
Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors
(FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport
Public Safety Officers (FAPSO)
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
City of Fresno ***Subject to Mayoral Veto Page 29
March 30, 2023City Council Meeting Minutes
5.-D.ID 23-527 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION
Government Code Section 54956.9, subdivision (d)(2);
Case Name(s): PW Fund B, LP; Span Development, LLC; Robin W.
Martella Trust v. City of Fresno
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
5.-E.ID 23-528
CONFERENCE WITH LEGAL COUNSEL - POTENTIAL EXPOSURE
TO LITIGATION:
Government Code Section 54956.9, subdivision (d)(2): Bakman Water
Company v. City of Fresno
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
ADJOURNMENT
City Council adjourned from regular session at 6:05 p.m.
City of Fresno ***Subject to Mayoral Veto Page 30
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-534 Agenda Date:4/20/2023 Agenda #:
1.-B.
REPORT TO THE CITY COUNCIL
FROM:GEORGEANNE A. WHITE, City Manager
Office of Mayor & City Manager
BY:JENNIFER RUIZ, Deputy City Manager
Office of Mayor & City Manager
SUBJECT
Actions pertaining to Commercial Cannabis Activity:
1. Approve the Loan Agreement for Maritza Estrada (the Owner) of Traditional - Fresno - ME
LLC, a cannabis social equity business, in the amount of $75,000 to assist with the start-up,
regulatory costs, and operating costs of opening a retail commercial cannabis business in the
City of Fresno.
2. Approve the Loan Agreement for Isaac Fonseca (the Owner) of Beyond Rooted 559 LLC, a
cannabis social equity business, in the amount of $75,000 to assist with the start-up,
regulatory costs, and operating costs of opening a retail commercial cannabis business in the
City of Fresno.
RECOMMENDATION
Staff recommends that the City Council approve two cannabis social equity loan agreements for
Traditional - Fresno - ME LLC and Beyond Rooted 559 LLC.
EXECUTIVE SUMMARY
The Fresno Municipal Code requires that the City Manager develop a program, as funding is
available, to issue business loans and grants to qualified equity applicants. The City of Fresno
executed a grant agreement with the State of California to accept the Cannabis Equity Act Grant.
Through this grant, the City is able to offer a $75,000 loan to each cannabis social equity business,
once it has preliminary CCB permit approval, funded by the State of California Cannabis Equity Act
Grant.
On March 3, 2023, Maritza Estrada submitted an application for the cannabis social equity loan
program on behalf of Traditional - Fresno - ME LLC. The company is a retail cannabis social equity
business, located at 6926 N Weber, in Fresno, with preliminary approval for a commercial cannabis
business permit and an approved conditional use permit.
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File #:ID 23-534 Agenda Date:4/20/2023 Agenda #:
1.-B.
On March 24, 2023, Isaac Fonseca submitted an application for the cannabis social equity loan
program on behalf of Beyond Rooted 559 LLC. The company is a retail cannabis social equity
business, located at 505-507 N Fulton Street, in Fresno, with preliminary approval for a commercial
cannabis business permit and an active conditional use permit application under review by the
Planning and Development Department.
BACKGROUND
Fresno Municipal Code (FMC)section 9-3316(b)(6)(vii)requires that an Equity Assistance Program
be established by the City Manager and,once funding becomes available,shall provide the following
assistance to qualified social equity applications (as defined by FMC 9-3316(b)(6)):
·Assistance in paying state regulatory and licensing fees;
·Assistance securing business locations prior to or during the application process;
·Assistance securing capital investments (exluding loans and grants from the city);
·Assistance in recruiting, training, and retention of qualified/diverse workforce; and
·Business loans and/or grants to equity applicants.
On October 15,2020,the City Council approved the Cannabis Social Equity Assistance Program
Services.
On April 8,2021,the City Council approved resolution 2021-080 authorizing the State of California
Cannabis Equity Act Grant Funding.Through this grant,the City was awarded $1,204,934.25.The
grant agreement,number CEG-21-121,was executed by the City Manager on April 1,2021.The
grant term was from April 15, 2021 to October 31, 2022 and has been extended to April 30, 2023.
The Cannabis Equity Grant provides a total of $330,000 for grants,to assist with local and state
licensing and regulatory fees (budgeted at $33,000 per qualified social equity applicant),and
$754,934.25 for no-interest business loans (budgeted as up to $75,000 per qualified social equity
applicant).
On March 3,2023,Maritza Estrada submitted an application for the cannabis social equity loan
program on behalf of Traditional -Fresno -ME LLC for an amount of $75,000.Traditional -Fresno -
ME LLC is a retail cannabis social equity business,located at 6926 N Weber,in the City of Fresno,
with preliminary approval for a commercial cannabis business permit.The company has an approved
conditional use permit (CUP) from the City of Fresno Planning and Development Department.
On April 13,2022,Maritza Estrada (the Owner)of Traditional -Fresno -ME LLC,signed the loan
agreement document agreeing to the terms of the loan,including the term of repayment described in
section 2 of the loan agreement.
On March 24,2023,Isaac Fonseca submitted an application for the cannabis social equity loan
program on behalf of Beyond Rooted 559 LLC.The company is a retail cannabis social equity
business,located at 505-507 N Fulton Street,in Fresno,with preliminary approval for a commercial
cannabis business permit and an active conditional use permit application under review by the
Planning and Development Department.
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File #:ID 23-534 Agenda Date:4/20/2023 Agenda #:
1.-B.
On March 29,2023,Isaac Fonseca (the Owner)of Beyond Rooted 559 LLC,signed the loan
agreement document agreeing to the terms of the loan,including the term of repayment described in
section 2 of the loan agreement.
ENVIRONMENTAL FINDINGS
Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15378,this item is not a
project for the purposes of CEQA.
LOCAL PREFERENCE
Local preference is not applicable for this item.
FISCAL IMPACT
Funding is appropriated in the Fiscal Year 23-24 budget
Attachments:
1.Traditional Fresno ME LLC Loan Agreement
2.Beyond Rooted 559 LLC Loan Agreement
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Social Equity Cannabis Loan Agreement
LOAN AGREEMENT
THIS AGREEMENT (the Agreement) is made as of this 20th day of April, 2023,
between Maritza Estrada (the Owner) of Traditional – Fresno – ME LLC and the CITY OF
FRESNO, a municipal corporation (the City).
RECITALS
A.The City wishes to loan, and Owner wishes to borrow the sum of $75,000
(the Funds) for the purpose of start-up and operation costs of a legally permitted
commercial cannabis business or cannabis retail business in the City of Fresno (the
Project), upon the terms and conditions contained herein.
NOW, THEREFORE, the City and Owner agree as follows:
1.LOAN. The City agrees to loan the Funds to Owner, and Owner agrees to
borrow the Funds subject to the following terms and conditions:
(a)Owner shall not use the the Funds in a manner or for purposes other
than the acquisition and development of the Project.
(b)The parties hereto agree that Owner’s failure to be operational within
18 months, including but not limited to obtaining a Commercial Cannabis Business
Permit, will terminate this Agreement.
(c)Owner shall repay the Funds to City with no interest.
2.TERMS OF REPAYMENT. Beginning the 1st of the month following twelve
months after Funds disbursement, Owner agrees to begin making equal payments to re-
pay the loan balance for 36 consecutive months. Payment is due on the 1st of each
month. There is no penalty for early repayment.
The City may, at its discretion, agree to an alternative re-payment plan with
the Owner if demonstrated hardship warrants. The agreement must be in writing and
signed by both parties. The City Manager may, at his/her discretion, agree to forgive the
balance of the loan if the cannabis social equity business has ceased operations and the
Commercial Cannabis Business Permit is surrendered or revoked.
3.DISBURSEMENTS. The City shall fully disburse the Funds to Owner within
thirty days of execution of this agreement. Owner shall use such disbursed Funds only
for purposes in connection with the payment of certain legal assistance, regulatory
compliance, fixtures and equipment, and capital improvements relating to the operation
of a permitted commercial cannabis business.
4.INDEMNIFICATION. To the furthest extent allowed by law, Owner shall
indemnify, hold harmless and defend City, GO-Biz and each of their 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, GO-Biz, Owner
or any other person, and from any and all claims, demands and actions in law or equity
(including reasonable attorney's fees, litigation expenses and cost to enforce this
agreement), arising or alleged to have arisen directly or indirectly out of the loan referenced
herein. Owner’s obligations under the preceding sentence shall apply regardless of whether
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Social Equity Cannabis Loan Agreement
City, Go-Biz or any of their officers, officials, employees, agents or volunteers are negligent,
but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused
solely by the gross negligence, or caused by the willful misconduct, of City, Go-Biz or any
of their officers, officials, employees, agents or volunteers.
This section shall survive termination or expiration of this Agreement.
5. OWNER COOPERATION WITH THE CITY. Owner covenants to cooperate
with the City and respond promptly to all requests by the City necessary to maintain the
City’s compliance with the Agreement. Owner intends to develop a commercial cannabis
business that is permitted in the City of Fresno and in compliance with local and State
law.
6. OWNER’S DEFAULT AND RIGHT TO CURE. A default shall be defined
as a failure by Owner to fulfill any obligation created under this Agreement. The loan will
be considered in default when a payment is missed and remains unpaid 30 calendar days
from the due date. Upon receipt of written notice from the City of any default hereunder,
Owner shall cure such default within 30 calendar days and bring account back into good
standing.
7. THE CITY’S REMEDIES. Should Owner fail to cure a default under this
Agreement pursuant to Section 6 above, in addition to other rights and remedies
permitted by the Agreement or applicable law, the City, in its sole discretion, may proceed
with any or all of the following remedies in any order or combination:
(a) Bring an action in equitable relief seeking specific performance by
Owner of the terms and conditions of this Agreement;
(b) Enjoin, abate, or prevent any violation of said terms and conditions
of the Agreement;
(c) Seek declaratory relief;
(d) Bring an action for return of any funds disbursed to Owner that
Owner has not used pursuant to the terms of this Agreement;
(e) Terminate this Agreement and cease to disburse funds;
(f) Revoke Owner’s Commercial Cannabis Business Permit pursuant to
FMC Section 9-3321;
(g) Pursue any other remedy allowed at law or in equity.
8. GOVERNING LAW AND VENUE. This Agreement shall be interpreted
under and governed by the laws of the State of California. A party must bring any legal
action in the Superior Court of Fresno, in an appropriate municipal court in Fresno County,
or in the United States District Court serving Fresno County.
9. NO WAIVER. Any waiver by either the City or Owner of any obligation in this
Agreement must be in writing. No waiver shall be implied from any delay or failure of the
City or Owner to take action on any default by the other party or to pursue any remedy
allowed under this Agreement or applicable law. Any extension of time granted to Owner to
perform any obligation under this Agreement shall not operate as a waiver or release from
any of its obligations under this Agreement. Consent by the City or Owner to any act or
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Social Equity Cannabis Loan Agreement
omission by the other party shall not be construed to be consent to any other act or omission
or to waive the requirement for the City or Owner’s written consent to future waivers.
10.NOTICES. All notices, requests and demands given to or made upon the
respective parties shall be deemed to have been given or made when upon deposit with
any overnight delivery service, or three days after deposit with certified mail, return receipt
requested, and addressed as follows:
Owner: Maritza Estrada
Traditional Fresno ME LLC
6100 Wilshire Blvd, Suite 410
Los Angeles, CA 90048
licensing@traditional.com
Phone: 323-632-6469
Grantor: City of Fresno
Fresno City Hall
2600 Fresno Street, Room 2084
Fresno, California 93721
Attention: City Manager
11.BINDING UPON SUCCESSORS. All provisions of this Agreement shall be
binding upon and inure to the benefit of the heirs, administrators, executors, successors-
in-interest, transferees, and assigns of each of the parties; provided, however, that this
section does not waive the prohibition on assignment of this Agreement by Owner without
the City’s consent. The term “Owner” as used in this Agreement shall include all assigns,
successors-in-interest, and transferees of Owner.
12.RELATIONSHIP OF PARTIES. The relationship of the City and Owner
under this Agreement is and shall remain solely that of a lender and borrower under a
loan agreement and shall not be construed as a joint venture, equity venture, partnership,
or any other relationship. The City neither undertakes nor assumes any responsibility or
duty to Owner (except as provided herein) or to any third party with respect to the matters
described herein. Owner shall have no authority to act as an agent of the City or to bind
the City to any obligation.
13.AMENDMENTS AND MODIFICATIONS. Any amendments or modifications
to this Agreement must be in writing, and shall be effective only if executed by both the
City and Owner.
14.TIME. Time is of the essence in this Agreement.
15.INTEGRATION. This Agreement contains the entire agreement of the parties
and supersedes any and all prior negotiations.
16.SEVERABILITY. If any provision of this Agreement shall be held invalid,
illegal or unenforceable by a court of competent jurisdiction, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired by
such holding.
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Social Equity Cannabis Loan Agreement
17.EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously
executed in counterparts, each of which shall be an original and all of which shall constitute
but one and the same instrument; provided, however, that only the counterpart delivered to
the City shall be deemed the original.
[SIGNATURE PAGE IS THE NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first hereinabove written.
THE CITY:
CITY OF FRESNO, a California municipal corporation
By:
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Heather Thomas Date
Deputy City Attorney II
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
OWNER:
By:
Name: Maritza Estrada
Title: Owner, Traditional - Fresno - ME LLC
Address: 6100 Wilshire Blvd, Suite 410
Los Angeles, CA 90048
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4/13/2023
4/13/2023
1
Social Equity Cannabis Loan Agreement
LOAN AGREEMENT
THIS AGREEMENT (the Agreement) is made as of this 20th day of April, 2023,
between Isaac Fonseca (the Owner) of Beyond Rooted 559 LLC and the CITY OF
FRESNO, a municipal corporation (the City).
RECITALS
A. The City wishes to loan, and Owner wishes to borrow the sum of $75,000
(the Funds) for the purpose of start-up and operation costs of a legally permitted
commercial cannabis business or cannabis retail business in the City of Fresno (the
Project), upon the terms and conditions contained herein.
NOW, THEREFORE, the City and Owner agree as follows:
1. LOAN. The City agrees to loan the Funds to Owner, and Owner agrees to
borrow the Funds subject to the following terms and conditions:
(a) Owner shall not use the the Funds in a manner or for purposes other
than the acquisition and development of the Project.
(b) The parties hereto agree that Owner’s failure to be operational within
18 months, including but not limited to obtaining a Commercial Cannabis Business
Permit, will terminate this Agreement.
(c) Owner shall repay the Funds to City with no interest.
2. TERMS OF REPAYMENT. Beginning the 1st of the month following twelve
months after Funds disbursement, Owner agrees to begin making equal payments to re-
pay the loan balance for 36 consecutive months. Payment is due on the 1st of each
month. There is no penalty for early repayment.
The City may, at its discretion, agree to an alternative re-payment plan with
the Owner if demonstrated hardship warrants. The agreement must be in writing and
signed by both parties. The City Manager may, at his/her discretion, agree to forgive the
balance of the loan if the cannabis social equity business has ceased operations and the
Commercial Cannabis Business Permit is surrendered or revoked.
3. DISBURSEMENTS. The City shall fully disburse the Funds to Owner within
thirty days of execution of this agreement. Owner shall use such disbursed Funds only
for purposes in connection with the payment of certain legal assistance, regulatory
compliance, fixtures and equipment, and capital improvements relating to the operation
of a permitted commercial cannabis business.
4. INDEMNIFICATION. To the furthest extent allowed by law, Owner shall
indemnify, hold harmless and defend City, GO-Biz and each of their 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, GO-Biz, Owner
or any other person, and from any and all claims, demands and actions in law or equity
(including reasonable attorney's fees, litigation expenses and cost to enforce this
agreement), arising or alleged to have arisen directly or indirectly out of the loan referenced
herein. Owner’s obligations under the preceding sentence shall apply regardless of whether
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Social Equity Cannabis Loan Agreement
City, Go-Biz or any of their officers, officials, employees, agents or volunteers are negligent,
but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused
solely by the gross negligence, or caused by the willful misconduct, of City, Go-Biz or any
of their officers, officials, employees, agents or volunteers.
This section shall survive termination or expiration of this Agreement.
5. OWNER COOPERATION WITH THE CITY. Owner covenants to cooperate
with the City and respond promptly to all requests by the City necessary to maintain the
City’s compliance with the Agreement. Owner intends to develop a commercial cannabis
business that is permitted in the City of Fresno and in compliance with local and State
law.
6. OWNER’S DEFAULT AND RIGHT TO CURE. A default shall be defined
as a failure by Owner to fulfill any obligation created under this Agreement. The loan will
be considered in default when a payment is missed and remains unpaid 30 calendar days
from the due date. Upon receipt of written notice from the City of any default hereunder,
Owner shall cure such default within 30 calendar days and bring account back into good
standing.
7. THE CITY’S REMEDIES. Should Owner fail to cure a default under this
Agreement pursuant to Section 6 above, in addition to other rights and remedies
permitted by the Agreement or applicable law, the City, in its sole discretion, may proceed
with any or all of the following remedies in any order or combination:
(a) Bring an action in equitable relief seeking specific performance by
Owner of the terms and conditions of this Agreement;
(b) Enjoin, abate, or prevent any violation of said terms and conditions
of the Agreement;
(c) Seek declaratory relief;
(d) Bring an action for return of any funds disbursed to Owner that
Owner has not used pursuant to the terms of this Agreement;
(e) Terminate this Agreement and cease to disburse funds;
(f) Revoke Owner’s Commercial Cannabis Business Permit pursuant to
FMC Section 9-3321;
(g) Pursue any other remedy allowed at law or in equity.
8. GOVERNING LAW AND VENUE. This Agreement shall be interpreted
under and governed by the laws of the State of California. A party must bring any legal
action in the Superior Court of Fresno, in an appropriate municipal court in Fresno County,
or in the United States District Court serving Fresno County.
9. NO WAIVER. Any waiver by either the City or Owner of any obligation in this
Agreement must be in writing. No waiver shall be implied from any delay or failure of the
City or Owner to take action on any default by the other party or to pursue any remedy
allowed under this Agreement or applicable law. Any extension of time granted to Owner to
perform any obligation under this Agreement shall not operate as a waiver or release from
any of its obligations under this Agreement. Consent by the City or Owner to any act or
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Social Equity Cannabis Loan Agreement
omission by the other party shall not be construed to be consent to any other act or omission
or to waive the requirement for the City or Owner’s written consent to future waivers.
10. NOTICES. All notices, requests and demands given to or made upon the
respective parties shall be deemed to have been given or made when upon deposit with
any overnight delivery service, or three days after deposit with certified mail, return receipt
requested, and addressed as follows:
Owner: Nathan Perez; and
Isaac Fonseca
Beyond Rooted 559 LLC
4535 E Belmont Avenue
Fresno, CA 93702
fonsecaisaac@yahoo.com
Phone: (559) 790-7187
Grantor: City of Fresno
Fresno City Hall
2600 Fresno Street, Room 2084
Fresno, California 93721
Attention: City Manager
11. BINDING UPON SUCCESSORS. All provisions of this Agreement shall be
binding upon and inure to the benefit of the heirs, administrators, executors, successors-
in-interest, transferees, and assigns of each of the parties; provided, however, that this
section does not waive the prohibition on assignment of this Agreement by Owner without
the City’s consent. The term “Owner” as used in this Agreement shall include all assigns,
successors-in-interest, and transferees of Owner.
12. RELATIONSHIP OF PARTIES. The relationship of the City and Owner
under this Agreement is and shall remain solely that of a lender and borrower under a
loan agreement and shall not be construed as a joint venture, equity venture, partnership,
or any other relationship. The City neither undertakes nor assumes any responsibility or
duty to Owner (except as provided herein) or to any third party with respect to the matters
described herein. Owner shall have no authority to act as an agent of the City or to bind
the City to any obligation.
13. AMENDMENTS AND MODIFICATIONS. Any amendments or modifications
to this Agreement must be in writing, and shall be effective only if executed by both the
City and Owner.
14. TIME. Time is of the essence in this Agreement.
15. INTEGRATION. This Agreement contains the entire agreement of the parties
and supersedes any and all prior negotiations.
16. SEVERABILITY. If any provision of this Agreement shall be held invalid,
illegal or unenforceable by a court of competent jurisdiction, the validity, legality and
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Social Equity Cannabis Loan Agreement
enforceability of the remaining provisions shall not in any way be affected or impaired by
such holding.
17. EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously
executed in counterparts, each of which shall be an original and all of which shall constitute
but one and the same instrument; provided, however, that only the counterpart delivered to
the City shall be deemed the original.
[SIGNATURE PAGE IS THE NEXT PAGE]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first hereinabove written.
THE CITY:
CITY OF FRESNO,
a California municipal corporation
By:
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Mary Raterman-Doidge Date
Senior Deputy City Attorney II
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
OWNER:
By:
Name: Isaac Fonseca
Title: Managing Member
Beyond Rooted 559 LLC
Address: 4535 E Belmont Avenue
Fresno, CA 93702
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-610 Agenda Date:4/20/2023 Agenda #:
1.-C.
REPORT TO THE CITY COUNCIL
FROM:JERRY P. DYER, Mayor
Office of Mayor & City Manager
BY:MATTHEW GRUNDY, Deputy Mayor
Office of Mayor & City Manager
CHRIS MONTELONGO, Deputy Chief of Staff
Office of Mayor & City Manager
SUBJECT
Approve the appointment of Areli Rios to the Fresno Housing Authority for a term ending on April 30,
2025.
RECOMMENDATION
Staff recommends approval.
EXECUTIVE SUMMARY
The Fresno Housing Authority has fourteen commissioners. Seven are appointed by the City of
Fresno Mayor. The other seven are appointed by the Fresno County Board of Supervisors. The
Mayor’s Office is providing the appointment of Areli Rios (Resident of District 7) for approval.
Attachment: Rios Appointment Package
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APPROVED ON CONSENT
Submit Date: Feb 23, 2023
First Name Middle Initial Last Name
Email Address
Home Address
City State Postal Code
Primary Phone Alternate Phone
City of Fresno Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Housing Authority of the City of Fresno, CA: Submitted
What district do you live in? *
Briefly explain why are you interested in serving on this board or commission?
I have four years of housing experience, including: serving the homeless population, working and
implementing housing programs at the local level, and working for a Housing Authority. I believe my
experience can be of help because of my background in housing.
Educational background, Schools Attended, Degrees and Certifications
University of California Los Angeles, B.A. Political Science Hearing Officer Specialist - Housing Authority
Rent Calculations - Housing Authority
Briefly explain your qualifications or areas of demonstrated expertise for this board or
commission.
My background includes having served as part of management for a Housing Authority as a Housing
Programs Analyst & Hearing Officer. I am familiar with the federal programs and have managed the
Project Based Voucher Program and Emergency Housing Voucher Program under Director supervision. I
believe my experience will be of help to this commission because of my familiarity with their federal
housing programs.
Do you or an immediate family member have any professional or financial relationship that
may present a potential conflict of interest for this board, commission or similar body?
Yes No
Areli M Rios
Fresno CA 93727
District 7
Home:
Areli M Rios
Employer Job Title
Work History
Work Address
City, State, Zip Code
Salinas, CA 93901
Provide 3 Personal and Professional References. Provide name, address, and phone number
where they may be reached during the day.
Elizabeth Aguilar, City of Soledad | Jaimee Campa, City of Soledad | 2Lucila Vera, Housing Authority
County of Monterey | Jose Barajas, People Assisting the Homeless (former supervisor) |
Question applies to multiple boards
I declare under penalty of perjury the above information is true and correct.
Yes No
Housing Authority County of
Monterey
Housing Programs Analyst &
Hearing Officer
Areli M Rios
Areli M. Rios
EDUCATION
University of California, Los Angeles (UCLA)| Los Angeles, CA
Bachelor of Arts: Political Science Minor: Spanish
CERTIFICATES & TRAININGS
•Hearing Officer Specialist Certificate,Nan McKay [Fall, 2021]
•Rent Calculations Certificate,Quadel [Fall, 2021]
•Mandated Reporter Training,DCFS [Winter, 2019]
•Suicide Prevention Training,Didi Hirsch [Fall, 2019]
•Motivational Interviewing Training [Fall, 2019]
•Mental Health Aide Certificate,Mental Health First Aid USA [Fall, 2019]
•HIPAA Privacy Essentials Training [Summer, 2019]
HOUSING EXPERIENCE
City of Soledad | Housing Programs Coordinator (Mid-Management), Soledad, CA
[Winter, 2022 - Fall, 2022]
•Provided professional written and analytical support for compliance with affordability housing
requirements for development projects for the City of Soledad;
•Provided professional analytical support for housing policies within the Zoning chapter in the
Municipal Code for the Community Development and Economic Department, including:
researching, analyzing, and developing department operational policies and procedures;
•Ensured compliance with the Inclusionary Housing Ordinance for development projects;
researched and analyzed housing regulations and interpreted and summarized regulations;
•Prepared, wrote and presented Staff Reports to the Ad-Hoc Affordable Housing Subcommittee
and developers to inform them and enforce the Inclusionary Housing Ordinance requirements for
development projects;
•Facilitated meetings between the Ad-Hoc and developer to produce an Affordable Housing
Agreement for development projects;
•Wrote and presented the Affordable Housing Agreement recommendations from the Ad-Hoc
Affordable Housing Subcommittee meetings to council for a vote;
•Wrote Staff Reports for affordable housing programs and affordable housing agreements;
•Presented and passed Affordable Housing Agreements for all development projects with 100%
of the council vote, including: Liberty Court, 8th Street Apartments, and 1428 Monterey Street;
•Wrote and developed the Affordable Housing Random Selection Program for the City and
development projects, which is a method of selecting the qualified buyers for homes sold at an
affordable rate through the Inclusionary Housing Ordinance, and passed the program with 100%
of the council vote. Ensured fair housing requirements were met for the program;
•Collaborated with non-profit agencies to provide residents workshops on housing topics,
including: Fair Housing Workshops, First-Time Homebuyer Workshops, Landlord-Tenant Rights
Workshops, and Housing Element Workshop;
•Collaborated with Homeless Service Providers and Soledad Police Department to conduct
outreach services to families and individuals experiencing homelessness in the City of Soledad;
•Assisted Soledad residents with their Resale Restrictions Amendments for the San Vicente
development project;
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•Completed and submitted housing annual and quarterly state reports on behalf of the City;
submitted Annual Progress Reports and quarterly reports for the state Housing and Community
Development (HCD) department;
•Drafted, created and distributed flyers, letters, marketing materials related to housing for
Soledad residents;
•Created and developed a mail chimp housing emailing list for the City to inform the public
about housing programs and available affordable units. Over 400 resident e-mail lists were
entered;
•Created marketing material for housing events and workshops for Soledad residents, among
other responsibilities;
• Secured affordable housing agreement contracts affordability term for 99 years in rental
properties.
Housing Authority County of Monterey | Housing Programs Analyst & Hearing Officer
(Management), Salinas, CA [Winter, 2021 - Winter, 2022]
•Provided professional analytical support for housing assistance programs within the Housing
Assistance Programs Department, including: researching, analyzing, and developing department
operational policies and procedures;
•Researched and analyzed housing program regulations and interpreted and summarized
regulations;
•Prepared and submitted reports and recommendations;
•Formulated guidelines and/or prepared a variety of reports on mandated regulations;
developed/reviewed systems that evaluate the implementation of housing assistance programs
and prepared and submitted recommendations;
•Assisted in research in preparation and implementation of grant proposals and applications for
funding;
•Administered a baseline of data, prepared routine monthly reports and situational statistical
reports;
•Facilitated communication between the agency and U.S. Department of Housing & Urban
Development;
•Assisted in preparation of the Authority’s defense, in accordance with CFR and Authority
policy, in the event of suit; researched and evaluated existing and new computer programs and
analyzed effectiveness; made recommendations as to program use or modification;
•Created, reviewed, and assessed automated reports; provided technical support for supervisor
staff; performed file audits for the Housing Programs Departments;
•Provided participant access to a variety of support services in the community in relation to the
Emergency Housing Voucher Program;
•Wrote the policies and procedures for the Emergency Housing Voucher Program for the agency;
managed and oversaw the implementation of the Emergency Housing Voucher Program for the
agency;
•Prepared comprehensive technical records and reports to supervisor; conduct research and
comprehensive data collection efforts to support program analysis and execute research design;
•Participated in training staff in the work procedures and regulations mandated by the
Department of Housing and Urban Development (HUD) and the various other sources that
provide funding for new affordable housing programs;
2 of 4
•Monitored and assisted in the evaluation of the administration and effectiveness of various
Housing Choice Voucher programs (e.g. Family Unification, VASH, Mainstream, new housing
programs, etc);
•Attended and conducted meetings; represented the Housing Authority at public meetings;
•Participated in a variety of special projects, as assigned, including research of new programs
and services;
•Created and developed the agency’s Facebook page; assisted in maintaining the agency’s
website;
•Drafted, created and distributed flyers, letters, marketing materials related to existing and new
housing programs;
•Assisted developers with regulatory compliance and processes towards receiving Project Based
Voucher funding based for Request for Proposal awards, among other responsibilities.
People Assisting the Homeless | Housing Navigator II & Housing Stabilizer, Los Angeles,
CA [Summer, 2019-Fall, 2020]
•Provided case management services in the areas of, but not limited to: independent living skills,
housing stabilization, money management, community integration, employment linkage, benefits
establishment, linkage to community providers for substance abuse, primary and mental health
care, and all other services needed to assist homeless families reach their treatment plan goals;
•Developed a projected budget plan that enabled families to see what type of housing is
affordable and manageable after assistance ends (for those in Rapid Re-Housing/RRH);
•Provided strengths-based case management and service coordination services designed to assist
clients in obtaining and maintaining stable housing; develop treatment plans in collaboration
with clients addressing short term and long term goals; accompany families to housing
appointments, assist families in their housing search, assist with housing documentation;
•Provided on-going case management support to assess progress and ensure treatment plan
outcomes are met or changed as needed; conduct crisis and risk assessments in consultation with
supervisor/team or LCSW;
•Provided crisis intervention services focused on enhancing the clients’ ability to independently
problem solve, utilize effective coping skills, and manage and self - coordinate own care; utilize
evidence based practices in service delivery such as intensive case management, Motivational
Interviewing, Harm Reduction, Critical Time Intervention and Housing First practices;
•Reviewed the housing intake and assessment for each family accessing services to evaluate
housing needs, history and service/support needs;
•Developed and implemented an individual housing plan for each client;
•Facilitated access to services required to foster housing readiness (credit repair, legal aid,
housekeeping, money management, tenant rights and responsibilities, etc.) as needed;
•Provided information and instruction to clients regarding how to complete a housing
application, housing search, tenant rights and responsibilities, including: observation of rental
agreement rules, and being a good neighbor;
•Assisted clients in obtaining rental assistance including, but not limited to Section 8
certification, RRH, PSH, and other housing programs;
•Provided referrals to WorkSource Centers for employment resumes and work in collaboration
with the LAFH job development team for employment placement opportunities; provide referrals
3 of 4
for mental health, substance abuse, and other services as deemed necessary (e.g. food banks,
credit repair);
•Maintained documentation standards as set forth by the program contract and PATH policies;
•Completed progress notes on every face to face/ telephone contact with client or collateral
contact;
•Conducted comprehensive assessments of potential participants;
•Developed Individualized Housing and Service Plans (IHSP) for each participant based on
elements from the comprehensive assessment.
Housing Rights Center | Outreach Coordinator, Los Angeles, CA [Summer, 2018-Spring,
2019]
•Managed eleven (11) city contracts and LA County & Ventura County county service contract
deliverables;
•Coordinated with local cities to schedule and conduct local Housing Rights Workshops and Fair
Housing Workshops;
•Educated local city residents, community members, landlords, and tenants on their local, state,
and federal housing rights; counseled landlords and tenants at city Walk-in Clinics in LA County
and Fair Housing Workshops;
•Attended and represented the agency in community meetings, resource fairs, and Fair Housing
101 presentations for community members;
•Published and distributed flyers regarding Fair Housing events on the agency's social media
(Twitter & Facebook) in English & Spanish;
•Represented agency in local newspapers and KCRW Fall 2018 segment;
•Organized registration list for 260 attendees for agency’s 20th Annual Summit;
•Scheduled more than 50 individuals, prepared literature, and collected forms of payment for
Fair Housing Certification Trainings for LA City contract.FHCT are monthly Fair Housing
training services available for: residents, property managers, landlords, tenants, and community
members in Los Angeles and Ventura Counties;
•Collaborated with the Outreach Department and Litigation Department to create two (2) agency
Fair Housing newsletters for city and county contracts; conducted Fair Housing literature
distributions for contract cities, LA County, and Ventura County;
•Counseled residents on their housing rights at Walk-in Clinics and Workshops.
4 of 4
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-639 Agenda Date:4/20/2023 Agenda #:
1.-D.
REPORT TO THE CITY COUNCIL
FROM:GEORGEANE A. WHITE, City Manager
Office of Mayor & City Manager
BY:RUTH F. QUINTO, CPA, Assistant City Manager
Office of Mayor & City Manager
SUBJECT
Approve a professional services agreement for three years with two one-year extensions with 809
Olive Avenue, LLC, to provide operations and management services of the Tower Theatre and
Lounge with a fee equal to 12% of the gross receipts estimated for the first year at $159,480 (RFQ
No.100722RQ) (District 1)
RECOMMENDATION
Staff recommends Council approve a professional services agreement for three years with two one-
year extensions with 809 Olive Avenue, LLC, to provide operations and management services of the
Tower Theatre and Lounge with a fee equal to 12% of the gross receipts estimated for the first year
at $159,480.
EXECUTIVE SUMMARY
On July 22, 2022, the City of Fresno closed escrow on the purchase of the Tower property. The City
now seeks to contract with an Operator which can deliver a broad array of cultural, educational,
entertainment, sporting, meeting, conference, and events for the region’s residents, while optimizing
revenues available for reinvestment in the facility. Proposals were submitted by eight vendors and an
evaluation committee determined 809 Olive Avenue, LLC, provided the best value to the City and
recommends the City enter into a professional services agreement for three years plus two one-year
optional extensions. The evaluation committee report is attached to this staff report.
The Operator will be paid 12% of gross receipts as an operations and management services fee.
The City is anticipating an average of five events per month during the first year of operation. Based
upon this assumption, the City reasonably anticipates a net positive cash flow (after expenses) at the
end of year one.
BACKGROUND
On July 22, 2022, the City of Fresno closed escrow on the purchase of the real property at the
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1.-D.
On July 22, 2022, the City of Fresno closed escrow on the purchase of the real property at the
intersection of Olive and Wishon which contains the Tower and a number of business spaces. As a
result, the City is seeking an Operator to perform operations and management services of the Tower
Theatre and attached Lounge. It is the City’s desire to partner with an operator that can deliver a
broad array of cultural, educational, entertainment, sporting, meeting, conference, and events for the
region’s residents, while optimizing revenues available for reinvestment in the facility.
The Tower is comprised of two venues: Tower Theatre, and the Lounge. The Theatre is a historic
multi-purpose auditorium that accommodates reserved or general admission seating with a capacity
of 761. The Theatre features two separate lobby areas, that allow approximately 2,000 square feet
for concession space. Adjacent to the Theatre is the Lounge, which boasts an additional general
capacity of approximately 100 seats, and an adjacent patio with an outdoor seating capacity of
approximately 50. Additionally, the adjacent parking lot consists of approximately 120 spaces and is
managed by the City of Fresno.
The Tower is a community facility of the Parks, After School, Recreation and Community Services
department (PARCS). PARCS offers a variety of community facilities throughout the City of Fresno.
These centers offer a range of activities, programs, and community services that support all ages.
Proposals were solicited for this project on October 7, 2022, and advertised in the Business Journal.
The Request for Qualifications (RFQ) was sent to three building exchanges and specifications were
distributed to 42 potential proposers. Proposals were submitted by eight vendors on November 4,
2022. Proposals were evaluated to determine the best value for the City and three proposers were
selected for interviews.
The evaluation committee determined 809 Olive Avenue, LLC, demonstrated a high level of
understanding of the scope of work and presented a plan which aligned to the City’s expressed
utilization of the Tower as detailed in the RFQ. The proposal included coordination of existing
programming at nearby Tower District venues as well as focused on providing the community with the
best available options for entertainment and community engagement. They demonstrated a proven
track record and experience within the Tower District community and are committed to providing the
variety of programming the City is seeking for the historic Tower Theatre.
The management team demonstrated a high level of expertise, determination, and depth of
understanding both in the written proposal as well as in the in-person interview including data driven
decision making via the use of metrics and measurements for community interest.
The Operator will be paid 12% of gross receipts as a fee for operations and management services.
The City is anticipating an average of five events per month during the first year of operation. Based
upon this assumption, the City reasonably anticipates a net positive cash flow (after expenses) at the
end of year one.
This Agreement will be administered by the City Manager or designee, and the City Attorney has
reviewed the attached agreement and approved it to form. The estimated net cost of the agreement
is available in the General Fund, General City Purpose department.
ENVIRONMENTAL FINDINGS
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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” as defined by CEQA.
LOCAL PREFERENCE
809 Olive Avenue, LLC, is a local business as defined by FMC 4-109.
FISCAL IMPACT
Sufficient funds are currently appropriated in the FY2023 Adopted Budget under General Fund -
General City Purpose department.
Attachments:
Evaluation Committee Report
Operator Agreement with Attachments
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EVALUATION COMMITTEE REPORT
REQUEST FOR QUALIFICATIONS FOR MANAGEMENT OF TOWER THEATRE
RFQ # 100722RQ
COMMITTEE MEMBERS
RUTH F. QUINTO, CPA – Assistant City Manager
GREGORY BARFIELD – Assistant City Manager BRIAN
BARR – General Services Department Director AARON
AGUIRRE – PARCS Department Director DAVID
RODRIGUEZ – Special Events Program Manager
BACKGROUND
The City of Fresno is seeking an Operator (Respondent) for the operation and
management of the Tower. The City now seeks to contract with an Operator which can
deliver a broad array of cultural, educational, entertainment, sporting, meeting,
conference, and events for the region’s residents, while optimizing revenues available for
reinvestment in the facility.
The Tower is comprised of two venues: Tower Theatre, and the Lounge. The Theatre is
a historic multi-purpose auditorium that accommodates reserved or general admission
seating with capacity of 761. The Theatre features two separate lobby areas, that allow
approximately 2,000 square feet for concession space. Adjacent to the Theatre is the
Lounge, which boasts an additional general capacity of approximately 100 seats, and an
adjacent patio with an outdoor seating capacity of approximately 50. Additionally, the
adjacent parking lot consists of approximately 120 spaces and is managed by the City of
Fresno.
The Tower is a community facility of the City of Fresno Parks, After School, Recreation
and Community Services department (PARCS). PARCS offers a variety of community
facilities throughout the City of Fresno. These centers offer a range of activities,
programs, and community services that support all ages.
Proposals were solicited for this project on October 7, 2022, and advertised in the Fresno
Business Journal. The Request for Qualifications (RFQ) was sent to three building
exchanges and specifications were distributed to 42 potential proposers. Proposals were
submitted by eight vendors on November 4, 2022.
EVALUATION CRITERIA
The solicitation included the following evaluation criteria in order to determine the best
value for the City:
Qualifications
City objectives
Demonstrated experience
Financial capacity
Soundness and timeframe
Capacity to perform
Proposed cost
COMMITTEE EVALUATION NOTES
After reviewing each of the eight proposals in connection with the RFQ, the evaluation
committee came to a consensus that three proposers were responsive to the RFQ, and
in person interviews were scheduled for: Tower Theatre Productions, 809 Olive Avenue
LLC, and Sterling Venue Ventures.
Interviews took place on January 4, 2023, in Room 2060 at City Hall. Following the
completion of the Tower Theatre operator interviews, the evaluation committee
unanimously recommended 809 Olive Avenue LLC.
809 Olive Avenue LLC demonstrated a high level of understanding of the scope of work
and presented a plan which aligned to the City’s expressed utilization of the Tower
Theatre as detailed in the RFQ. The proposal included consideration and coordination of
existing programming at nearby Tower venues and focused on providing the community
with the best available and diverse options for entertainment and community
engagement. 809 Olive Avenue LLC demonstrated a proven track record and experience
within the Tower community as well as committed to providing the variety of programming
the City is seeking for the historic Tower Theatre. 809 Olive Avenue LLC’s management
team demonstrated a high level of expertise, determination, and depth of understanding
both in the written proposal as well as in the in-person interview including data driven
decision making via the use of metrics and measurements for community interest.
SUMMARY RECOMMENDATION
The committee recommends that the City enter into a professional services agreement
with 809 Olive Avenue, LLC, to operate and manage the tower Theatre with a fee equal
to 12% of the gross receipts for three years with two one-year optional extensions.
01160.0044/783624.1 ALL-B Operator Total Fee/ CAO 04-04-2023
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OPERATOR AGREEMENT
CITY OF FRESNO, CALIFORNIA
THIS AGREEMENT (Agreement) is made and entered into, effective
______________________, 2023, by and between the CITY OF FRESNO, a California
municipal corporation (City), and 809 Olive Avenue LLC, a California Limited Liability
Corporation (Operator).
RECITALS
A.City owns that certain real property at the intersection of Olive and Wishon
in the City of Fresno (Property) improved with the Tower Theater building which contains
an operating theater and lounge (Theater) and a number of business spaces.
B.City desires to obtain management services for the Theater to allow
currently scheduled performances to continue as planned. The services provided by
Operator shall include the Theater but shall not include the business spaces on the
Property.
C.Operator is engaged in the business of furnishing services as the operations
manager of Theatre, a performing arts venue, and hereby represents that it desires to and
is professionally and legally capable of performing the services called for by this
Agreement.
D.Operator acknowledges that this Agreement is subject to the requirements
of Fresno Municipal Code Section 4-107.
E.This Agreement will be administered for City by its City Manager
(Administrator) or designee.
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.Scope of Services. Operator shall perform to the satisfaction of City the services
described in Exhibit A, including all work incidental to, or necessary to perform,
such services even though not specifically described in Exhibit A (Services).
Nicholas Kennedy shall be the primary person performing the Services on behalf of
Operator which shall not be modified without the written consent of City.
2.Term of Agreement and Time for Performance. This Agreement shall be
effective 31 days from the date on which the City Council approves the agreement
(Effective Date) and shall continue in full force and effect for three years, with two
one-year extensions, subject to any earlier termination in accordance with this
Agreement. The Services shall commence on the Effective Date and all such
Services shall be completed monthly prior to expiration of this Agreement and in
accordance with any performance schedule set forth in Exhibit A.
3.Compensation.
(a)Operator's sole compensation for satisfactory performance of all Services
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shall be 12% of gross receipts payable monthly, estimated for the first year at
$13,290 on average per month, or $159,480 for the first year. For subsequent
years, the management fee is estimated at $15,173 on average per month, or
$182,076 per year. Such fee shall exclude all operating expenses, including, but
not limited to, expenses related to employees, promoters, sound systems, etc.,
reimbursed or paid by the City for operation of the Theat er. The initial projected
operating revenues/(expenses) is attached hereto as Exhibit D.
(b) Operator and City developed the projected operating
revenues/(expenses) attached as Exhibit D which also reflects net event revenue
at an average of five (5) events per month. Such amount, net of average event
revenue is estimated at $8,934.14 per month. The City agrees to deposit $8,934.14
per month into the Operator’s operating account by the first of every month during
with time this agreement is in effect. The Operator shall report true-up accounting
by the tenth (10th) of each month which shall include detailed supporting
documentation, along with monthly reports for any and all services performed, and
revenue and expenses incurred. Furthermore, Operator agrees to allow City to
review and/or audit all documentation, reports, and statements provided in support
of Operator's monthly reports. An annual reconciliation is expected to be performed
jointly by the City and the Operator, within 60 days of each 12-month period.
(c)The parties acknowledge and agree that Operator shall have access to
advanced ticket sales for future bookings as provided in Exhibit E, attached
hereto, which is incorporated by reference herein.
(d)The parties may modify this Agreement to increase or decrease the scope
of Services or provide for the rendition of Services not required by this Agreement,
which modification shall be approved by City Council and may include an
adjustment to Operator's compensation arrangement. Any change in the scope of
Services must be made by written amendment to the Agreement signed by an
authorized representative of the Operator and approved by City Council. Should
Operator's scope of services be increased in the future, the Operator shall not be
entitled to any additional compensation if Services are performed prior to a signed
written amendment to this Agreement.
4.Termination, Remedies, and Force Majeure.
(a)This Agreement shall terminate without any liability of City to Operator
thereafter upon the earlier of: (i) Operator's filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by
a third party against Operator; (ii) thirty (30) calendar days' prior written notice with
or without cause by Operator to City; or (iii) expiration of this Agreement.
(b)Immediately upon any termination or expiration of this Agreement,
Operator shall (i) immediately stop all work hereunder; (ii) immediately cause any
and all of its subcontractors to cease work; and (iii) return to City any and all
unearned payments and all properties and materials in the possession of Operator
that are owned by City. Subject to the terms of this Agreement, Operator shall be
paid compensation for Services satisfactorily performed prior to the effective date
of termination. Operator shall not be paid for any work or Services performed or
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costs incurred which reasonably could have been avoided.
(c)In the event of termination due to failure of Operator to satisfactorily
perform in accordance with the terms of this Agreement, City may withhold an
amount that would otherwise be payable as an offset to, but not in excess of, City's
damages caused by such failure. In no event shall any payment by City pursuant
to this Agreement constitute a waiver by City of any breach of this Agreement which
may then exist on the part of Operator, nor shall such payment impair or prejudice
any remedy available to City with respect to the breach.
(d)Upon any breach of this Agreement by Operator, City may (i) exercise any
right, remedy (in contract, law or equity), or privilege which may be available to it
under applicable laws of the State of California or any other applicable law; (ii)
proceed by appropriate court action to enforce the terms of the Agreement; and/or
(iii) recover all direct, indirect, consequential, economic and incide ntal damages
for the breach of the Agreement. If it is determined that City improperly terminated
this Agreement for default, Operator may pursue damages against the City
accordingly.
(e)Operator shall provide City with adequate written assurances of future
performance, upon Administrator's request, in the event Operator fails to comply
with any terms or conditions of this Agreement.
(f)Operator shall be liable for default unless nonperformance is caused by
an occurrence beyond the reasonable control of Operator and without its fault or
negligence, including, but not limited to, acts of God or the public enemy, acts of
City in its contractual capacity, nonperformance by performers and/or promoters,
fires, floods, epidemics, pandemics, quarantine restrictions, strikes, picketing,
community unrest, unusually severe weather, and delays of common carriers.
Operator shall notify Administrator in writing as soon as it is reasonably possible
after the commencement of any excusable delay, setting forth the full particulars
in connection therewith, and shall remedy such occurrence with all reasonable
dispatch, and shall promptly give written notice to Administrator of the cessation of
such occurrence.
5.Confidential Information and Ownership of Documents.
(a)Any reports, information, or other data prepared or assembled by Operator
pursuant to this Agreement shall not be made available to any individual or
organization by Operator without the prior written approval of the Administrator.
During the term of this Agreement, and thereafter, Operator shall not, without the
prior written consent of City, disclose to anyone any Confidential Information. The
term Confidential Information for the purposes of this Agreement shall include all
proprietary and confidential information of City, including, but not limited to,
business plans, marketing plans, financial information, materials, compilations,
documents, instruments, models, source or object codes and other information
disclosed or submitted, orally, in writing, or by any other medium or media, except
(i) where such information is now or becomes part of the public domain through no
fault of Operator, (ii) information which is already in Operator's possession at the
time of the disclosure, (iii) information which comes into Operator's possession
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from a third party without breach of this Agreement, or (iv) information that is
independently developed by Operator or a third party without recourse to or
utilization of any portion of the Confidential Information imparted or transmitted
hereunder. All Confidential Information shall be and remain confidential and
proprietary in City.
(b)The parties acknowledge the Agreement permits Operator to engage
artists to perform at The Tower Theater and any oral or written information
exchanged between the Operator and artist in connection with the preparation and
performance of their agreed terms is regarded as Confidential Information. The
Operator and City shall maintain confidentiality of all such Confidential Information,
and it shall not disclose any relevant Confidential Information to any third parties,
except for the information that: (a) is or will be in the public domain (other than
through the receiving Party’s unauthorized disclosure); (b) is under the obligation
to be disclosed pursuant to the applicable laws or regulations, or orders of the court
or other government authorities; or (c) is required to be disclosed by any party to
its legal counsel or financial advisors regarding the transaction contemplated
hereunder, provided that such third parties will be bound by confidentiality
obligations similar to those set forth here. In the event the City believes it may be
legally required to disclose Confidential Information as provided under this
Agreement, the City shall notify Operator of such potential disclosure in writing and
Operator may, at its own expense object or otherwise oppose the disclosure of
such Confidential Information.
(c)Any and all writings and documents prepared or provided by Operator
pursuant to this Agreement are the property of City at the time of preparation and
shall be turned over to City upon expiration or termination of the Agreement.
Operator shall not permit the reproduction or use thereof by any other person
except as otherwise expressly provided herein.
(d)If Operator should subcontract all or any portion of the Services, Operator
shall cause each subcontractor to also comply with the requirements of this
Section 5.
(e)This Section 5 shall survive expiration or termination of this Agreement.
6.Indemnification.
To the furthest extent allowed by law, OPERATOR 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,
OPERATOR or any other person, and from any and all claims, demands and actions
in law or equity (including reasonable attorney's fees, litigation expenses and cost
to enforce this agreement), arising or alleged to have arisen directly or indirectly out
of performance of this Agreement. OPERATOR'S obligations under the preceding
sentence shall apply regardless of whether CITY or any of its officers, officials,
employees, agents or volunteers are negligent, but shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused solely by the gross
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negligence, or caused by the willful misconduct, of CITY or any of its officers,
officials, employees, agents or volunteers.
If OPERATOR should subcontract all or any portion of the work to be performed
under this Agreement, OPERATOR shall require each subcontractor to indemnify,
hold harmless and defend CITY and each of its officers, officials, employees, agents
and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
7.Insurance.
Throughout the life of this Agreement, OPERATOR shall pay for and maintain in
full force and effect all insurance as required in Exhibit B with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner to do
business in the State of California and rated no less than “A-VII” in the Best’s
Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk
Manager or designee at any time and in its sole discretion. The required policies
of insurance as stated herein shall maintain limits of liability of not less than those
amounts stated therein. However, the insurance limits available to CITY, its
officers, officials, employees, agents and volunt eers as additional insureds, shall
be the greater of the minimum limits specified therein or the full limit of any
insurance proceeds to the named insured.
If at any time during the life of the Agreement or any extension, OPERATOR or any
of its subcontractors fail to maintain any required insurance in full force and effect,
all services and work under this Agreement shall be discontinued immediately, and
all payments due or that become due to OPERATOR shall be withheld until notice
is received by CITY that the required insurance has been restored to full force and
effect and that the premiums therefore have been paid for a period satisfactory to
CITY. Any failure to maintain the required insurance shall be sufficient cause for
CITY to terminate this Agreement. No action taken by CITY pursuant to this section
shall in any way relieve OPERATOR of its responsibilities under this Agreement.
The phrase “fail to maintain any required insurance” shall include, without limitation,
notification received by CITY that an insurer has commenced proceedings, or has
had proceedings commenced against it, indicating that the insurer is insolvent.
The fact that insurance is obtained by OPERATOR shall not be deemed to release
or diminish the liability of OPERATOR, including, without limitation, liability under
the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by OPERATOR. Approval or purchase of any
insurance contracts or policies shall in no way relieve from liability nor limit the
liability of OPERATOR, vendors, suppliers, invitees, contractors, sub-contractors,
subcontractors, or anyone employed directly or indirectly by any of them.
8.Conflict of Interest and Non-Solicitation.
(a)Prior to City's execution of this Agreement, Operator shall complete a City
of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit
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C. During the term of this Agreement, Operator shall have the obligation and duty
to immediately notify City in writing of any change to the information provided by
Operator in such statement.
(b)Operator shall comply, and require its subcontractors to comply, with all
applicable (i) professional canons and requirements governing avoidance of
impermissible client conflicts; and (ii) federal, state and local conflict of interest
laws and regulations including, without limitation, California Government Code
Section 1090 et. seq., the California Political Reform Act (California Government
Code Section 87100 et. seq.) and the regulations of the Fair Political Practices
Commission concerning disclosure and disqualification (2 California Code of
Regulations Section 18700 et. seq.). At any t ime, upon written request of City,
Operator shall provide a written opinion of its legal counsel and that of any
subcontractor that, after a due diligent inquiry, Operator and the respective
subcontractor(s) are in full compliance with all laws and regulations. Operator shall
take, and require its subcontractors to take, reasonable steps to avoid any
appearance of a conflict of interest. Upon discovery of any facts giving rise to the
appearance of a conflict of interest, Operator shall immediately notify City of these
facts in writing.
(c)In performing the work or Services to be provided hereunder, Operator
shall not employ or retain the Services of any person while such person either is
employed by City or is a member of any City council, commission, board,
committee, or similar City body. This requirement may be waived in writing by the
City Manager, if no actual or potential conflict is involved.
(d)Operator represents and warrants that it has not paid or agreed to pay any
compensation, contingent or otherwise, direct or indirect, to solicit or procure this
Agreement or any rights/benefits hereunder.
(e)Neither Operator, nor any of Operator's subcontractors performing any
Services shall bid for, assist anyone in the preparation of a bid for, or perform any
Services pursuant to, any other contract in connection with this Agreement unless
fully disclosed to and approved by the City Manager, in advance and in writing.
Operator and any of its subcontractors shall have no interest, direct or indirect, in
any other contract with a third party in connection with this Agreement unless such
interest is in accordance with all applicable law and fully disclosed to and approved
by the City Manager, in advance and in writing. Notwithstanding any appro val
given by the City Manager under this provision, Operator shall remain responsible
for complying with Section 9(b), above.
(f)If Operator should subcontract all or any portion of the Services, Operator
shall include the provisions of this Section 9 in each subcontract and require its
subcontractors to comply therewith.
(g)This Section 8 shall survive expiration or termination of this Agreement.
9.Recycling Program. In the event Operator maintains an office or operates a
facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno solely to fulfill its obligations under the terms
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of this Agreement, Operator shall, at the City's expense:
(a)Immediately establish and maintain a viable and ongoing recycling
program, approved by City's Solid Waste Management Division, for each
office and facility. Literature describing City recycling programs is available from
City's Solid Waste Management Division and by calling City of Fresno Recycling
Hotline at (559) 621-1111.
(b)Immediately contact City's Solid Waste Management Division at
(559)621-1452 and schedule a free waste audit and cooperate with such Division
in their conduct of the audit for each office and facility.
(c)Cooperate with and demonstrate to the satisfaction of City's Solid Waste
Management Division the establishment of the recycling program in p aragraph (a)
above and the ongoing maintenance thereof.
10.General Terms.
(a)Except as otherwise provided by law, all notices expressly required of City
within the body of this Agreement, and not otherwise specifically provided for, shall
be effective only if signed by the Administrator or designee.
(b)Records of Operator's expenses pertaining to this Agreement shall be
kept on a generally recognized accounting basis and shall be available to City or
its authorized representatives upon request during regular business hours
throughout the life of this Agreement and for a period of three years after final
payment or, if longer, for any period required by law. In addition, all books,
documents, papers, and records of Operator pertaining to the management of the
Theatre shall be available for the purpose of making audits, examinations,
excerpts, and transcriptions for the same period of time. If any litigation, claim,
negotiations, audit or other action is commenced before the expiration of said time
period, all records shall be retained and made available to City until such action is
resolved, or until the end of said time period whichever shall later occur. If Operator
should subcontract all or any portion of the Services, Operator shall cause each
subcontractor to also comply with the requirements of this paragraph. This Section
10(b) shall survive expiration or termination of this Agreement.
(c)Prior to execution of this Agreement by City, Operator shall have provided
evidence to City that Operator is licensed to perform the Services (or that no license
is required). If Operator should subcontract all or any portion of the Services,
Operator shall require each subcontractor to provide evidence to City that
subcontractor is licensed to perform the Services (or that no license is required)
before beginning work.
11.Nondiscrimination. To the extent required by controlling federal, state and local
law, Operator shall not employ discriminatory practices in the provision of Services,
employment of personnel, or in any other respect on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, Operator agrees as follows :
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(a)Operator will comply with all applicable laws and regulations providing that
no person shall, on the grounds of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of
the Vietnam era be excluded from participation in, be denied the benefits of, or be
subject to discrimination under any program or activity made possible by or
resulting from this Agreement.
(b)Operator will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam
era. Operator shall ensure that applicants are employed, and the employees are
treated during employment, without regard to their race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition,
marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. Such requirement shall apply to Operator's
employment practices including, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. Operator agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provision of
this nondiscrimination clause.
(c)Operator will, in all solicitations or advertisements for employees placed by
or on behalf of Operator in pursuit hereof, state that all qualified applicants will
receive consideration for employment without regard to race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition,
marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era.
(d)Operator will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice advising such labor union or workers' representatives of Operator's
commitment under this section and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(e)If Operator should subcontract all or any portion of the Services, Operator
shall cause each subcontractor to also comply with the requirements of this
Section 11.
12.Independent Contractor.
(a)In the furnishing of the Services, Operator is acting solely as an
independent contractor. Neither Operator, nor any of its officers, agents, or
employees shall be deemed an officer, agent, employee, joint venturer, partner, or
associate of City for any purpose. City shall have no right to control or supervise
or direct the manner or method by which Operator shall perform its work and
functions. However, City shall retain the right to administer this Agreement so as
to verify that Operator is performing its obligations in accordance with the terms
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and conditions thereof.
(b)This Agreement does not evidence a partnership or joint venture between
Operator and City. Operator shall have no authority to bind City absent City's
express written consent. Except to the extent otherwise provided in this
Agreement, Operator shall bear its own costs and expenses in pursuit thereof.
(c)Because of its status as an independent contractor, Operator and its
officers, agents, and employees shall have absolutely no right to employment
rights and benefits available to City employees. Operator shall be solely liable and
responsible for all payroll and tax withholding and for providing to, or on behalf of,
its employees all employee benefits including, without limitation, health, welfare
and retirement benefits. In addition, together with its other obligations under this
Agreement, Operator shall be solely responsible, indemnify, defend and save City
harmless from all matters relating to employment and tax withholding for and
payment of Operator's employees, including, without limitation, (i) compliance with
Social Security and unemployment insurance withholding, payment of workers'
compensation benefits, and all other laws and regulations governing matters of
employee withholding, taxes and payment; and
(ii) any claim of right or interest in City employment benefits, entitlements,
programs and/or funds offered employees of City whether arising by reason of any
common law, de facto, leased, or co-employee rights or other theory. It is
acknowledged that during the term of this Agreement, Operator may be providing
services to others unrelated to City or to this Agreement.
13.Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation of
receipt, or sent by United States registered or certified mail, with postage prepaid,
return receipt requested, addressed to the party to which notice is to be given at the
party's address set forth on the signature page of this Agreement or at such other
address as the parties may from time to time designate by written notice. Notices
served by United States mail in the manner above described shall be deemed
sufficiently served or given at the time of the mailing thereof.
14.Binding. Subject to Section 15, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each parties'
respective heirs, successors, assigns, transferees, agents, servants, employees
and representatives.
15.Assignment.
(a)This Agreement is personal to Operator and there shall be no assignment
by Operator of its rights or obligations under this Agreement without the prior
written approval of the City Manager or designee. Any attempted assignment by
Operator, its successors or assigns, shall be null and void unless approved in
writing by the City Manager or designee. Furthermore, any change in the stock
ownership of Operator or management of Operator shall be an assignment in
violation of this Section.
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(b)Operator hereby agrees not to assign the payment of any monies due
Operator from City under the terms of this Agreement to any other individual(s),
corporation(s) or entity(ies). City retains the right to pay any and all monies due
Operator directly to Operator.
16.Compliance With Law. In providing the Services, Operator shall at all times comply
with all applicable laws of the United States, the State of California and City, and
with all applicable regulations promulgated by federal, state, regional, or local
administrative and regulatory agencies, now in force and as they may be enacted,
issued, or amended during the term of this Agreement. Operator shall be solely
responsible for determining whether payment of prevailing wage is required.
Operator shall indemnify, hold harmless, and defend (with counsel acceptable to
City) the City against any claim for damages, compensation, fines, penalties, or
other amounts arising out of the failure or alleged failure of any person or entity
(including Operator, its contractors and subcontractors) to pay prevailing wages as
required by law or to comply with other applicable provisions of Labor Code
Sections 1720 et seq. and the implementing regulations of the Department of
Industrial Relations.
17.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.
18.Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
19.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.
20.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.
21.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.
22.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 reco ver from the
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other party its reasonable attorney's fees and legal expenses.
23.Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
24.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.
25.Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law
or in equity.
26.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.
27.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 Operator.
28.Authority to Sign. The City Manager, or designee, is hereby authorized and
directed to execute and implement this Agreement. The previous sentence is not
intended to delegate any authority to the City Manager to administer the Agree ment,
any delegation of authority must be expressly included in the Agreement.
29.Counterpart Execution. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original but all of which shall be
deemed but one and the same instrument, and a facsimile copy of such execution
shall be deemed an original.
[SIGNATURES ON FOLLOWING PAGE]
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EXHIBIT A
SCOPE OF SERVICES
Operator Service Contract between City of Fresno
(City) and Strummer’s Numbskull Shows (Operator)
Continued Management of Theater
Operator agrees to maintain the performances currently scheduled and traditionally held
at Theater, and to cooperate with the City in good faith on community access rights to
use and enjoy Theater. Any scheduling changes and new bookings shall require pre -
approval in writing by the City. The City may also request scheduling changes be made.
Operator shall use its best efforts to maximize the use of the Theater.
The form of the contract to be used with any performers shall be approved by City
together with the rate to be charged. The processing of all monies shall be pursuant to
the directions of the City.
Use of any related entities to perform services for the Theater shall be approved in
writing by City in advance.
Nothing herein shall be construed to require that Operator act as the property manager
for the Property and Operator shall have no duty or right to negotiate any leases for the
Property.
Maintenance and Capital Improvement Responsibilities
The City shall be responsible for all general maintenance of the core and shell building
components and utilities. Examples of these items include structural components, in -
wall and underground utilities, electrical systems, building envelope, exterior doors,
HVAC and similar.
The Operator shall be responsible for all other building maintenance not classified as a
core and shell building component. Examples of these items include interior finishes,
fixtures, lighting (including bulbs and ballasts), restrooms, janitorial, seats, staging,
rigging, paint, flooring, kitchen equipment, minor plumbing repairs, cosmetic items, etc.
The Operator shall be responsible for all aspects of the operation of the Facility and
shall be responsible for any and all operating expenses, routine building maintenance
and repairs of the Facility (as indicated the the preceding paragraph). Operator shall
contract and pay for all utilities and services to the Facility. Operator may hire
subcontractors to perform all or any portion of these obligations in compliance with all
applicable laws (including all applicable bonding and licensing requirements). Operator
agrees to do all things reasonably necessary to conduct its affairs and carry on its
business and operations in such a manner as to comply in all material respects with any
and all applicable laws of the United States and the State of California and to du ly
observe and conform to all valid orders, regulations, or requirements of any
governmental authority relative to the conduct of its business and the ownership and/or
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operation of the Facility. Operator shall further comply with any and all provisions and
conditions of any development entitlements issued by the City.
City Access to Facility
Representatives of the City shall have the right to enter all portions of the Facility to inspect
same, to observe the performance of Operator of its obligations under this Agreement, to
install, remove, adjust, repair, replace or otherwise handle any equipment, utility lines, or other
matters in, on, or about the premises, or to do any act or thing which the City may be obligated
or have the right to do under this Agreement or otherwise. In connection with the exercise of
such rights, the City will endeavor to provide (but is not obligated to provide) adva nce notice to
Operator for security purposes and to minimize any interference with or disruption of Operator’s
work under this Agreement. Nothing contained in this Section is intended or shall be construed
to limit any other rights of the City under this Agreement nor shall impose or be construed to
impose upon the City any independent obligation to construct or m aintain or make repairs,
replacements, alterations, additions or improvements or create any independent liability for any
failure to do so.
Food and Beverage Policy
The Operator may provide food and beverage throughout the venue. However, other
than the food and beverage provided by the Operator, no outside food and beverage
may be brought into the venue without prior written authorization from the City. The
Operator is solely responsible for adhering to all City, county and state health regulations
and is responsible for obtaining all applicable permits and licenses accordingly.
Furthermore, Operator is solely responsible for the compliance of local, state, and
federal laws related to the distribution of food and beverages.
The Operator shall be responsible for maintaining the cleanliness of the facility to
standards determined by the City. As a result of the Operator providing food and
beverage, any additional expenses with maintaining and repairing the facility, including
replacement of items to restore to original condition , shall be the sole cost of the
Operator. The Operator shall clean the facility after each event.
The City reserves the right to suspend this policy at any time.
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EXHIBIT B
INSURANCE REQUIREMENTS
Operator Service Agreement between City of
Fresno (City) and Strummer’s Numbskull Shows
(Operator)
Management of Theater
MINIMUM SCOPE OF INSURANCE
Throughout the life of this Agreement, OPERATOR shall pay for and maintain in full force
and effect all insurance as required herein with an insurance company(ies) either (i) admitted
by the California Insurance Commissioner to do business in the State of California and rated
no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in
writing by CITY'S Risk Manager or designee at any time and in its sole discretion. The
required policies of insurance as stated herein shall maintain limits of liability of not less than
those amounts stated therein. However, the insurance limits available to CITY, its officers,
officials, employees, agents and volunteers as additional insureds, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds to the named
insured.
If at any time during the life of the Agreement or any extension, OPERATOR or any of its
subcontractors fail to maintain any required insurance in full force and effect, all services and
work under this Agreement shall be discontinued immediately, and all payments due or that
become due to OPERATOR shall be withheld until notice is received by CITY tha t the
required insurance has been restored to full force and effect and that the premiums therefore
have been paid for a period satisfactory to CITY. Any failure to maintain the required
insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by
CITY pursuant to this section shall in any way relieve OPERATOR of its responsibilities under
this Agreement. The phrase “fail to maintain any required insurance” shall include, without
limitation, notification received by CITY that an insurer has commenced proceedings, or has
had proceedings commenced against it, indicating that the insurer is insolvent.
The fact that insurance is obtained by OPERATOR shall not be deemed to release or
diminish the liability of OPERATOR, including, without limitation, liability under the indemnity
provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do no t act as
a limitation upon the amount of indemnification to be provided by OPERATOR. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor limit
the liability of OPERATOR, vendors, suppliers, invitees, cont ractors, sub-contractors,
subcontractors, or anyone employed directly or indirectly by any of them.
Coverage shall be at least as broad as:
1.The most current version of ISO Commercial General Liability Coverage Form
CG 00 01, providing liability coverage arising out of your business operations. The
Commercial General Liability policy shall provide coverage for “bodily injury,” “property
damage” and “personal and advertising injury” with coverage for premises and operations
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(including the use of owned and non-owned equipment), products and completed operations,
and contractual liability with limits of liability not less than those set forth under “Minimum
Limits of Insurance.”
2.The most current version of Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of automobiles
in the course of your business operations. The Automobile Policy shall be written on an
occurrence form and shall provide coverage for all owned, hired, and non -owned
automobiles or other licensed vehicles (Code 1- Any Auto).
3.Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance.
MINIMUM LIMITS OF INSURANCE
OPERATOR, or any party the OPERATOR subcontracts with, shall maintain limits of liability
of not less than those set forth below. However, insurance limits available to CITY and each
of their officers, officials, employees, agents and volunteers as additional insureds, shall be
the greater of the minimum limits specified herein or the full limit of any insurance proceeds
available to the named insured:
1.COMMERCIAL GENERAL LIABILITY :
(i)$2,000,000 per occurrence for bodily injury and property damage;
(ii)$2,000,000 per occurrence for personal and advertising injury;
(iii)$2,000,000 aggregate for products and completed operations; and,
(iv)$4,000,000 general aggregate applying separately to the work performed
under the Agreement.
2.COMMERCIAL AUTOMOBILE LIABILITY :
$1,000,000 per accident for bodily injury and property damage.
3.WORKERS’ COMPENSATION INSURANCE as required by the State of
California with statutory limits and EMPLOYER’S LIABILITY with limits of liability not
less than:
(i)$1,000,000 each accident for bodily injury;
(ii)$1,000,000 disease each employee; and,
(iii)$1,000,000 disease policy limit.
4.LIQUOR LIABILITY INSURANCE for alcoholic beverages that are to be sold,
served or furnished, Liquor Liability coverage is required with limits of liability of not
less than:
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(i)$1,000,000 per occurrence;
(ii)$2,000,000 aggregate for bodily injury and property damage;
5.PROPERTY: Limits of insurance in an amount equal to the full (100%)
replacement cost (without deduction for depreciation) of OPERATOR’S business
property.
6.COMMERCIAL CRIME insurance which shall be at least as broad as the most
current version of Insurance Service Office (ISO) Crime and Fidelity Form CR 00 20
with limits of liability of not less than $500,000 per occurrence.
UMBRELLA OR EXCESS INSURANCE
In the event OPERATOR purchases an Umb rella or Excess insurance policy(ies) to
meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form”
and afford no less coverage than the primary insurance policy(ies). In addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the CITY and each of their officers, officials,
employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
OPERATOR shall be responsible for payment of any deducti bles contained in any
insurance policy(ies) required herein and OPERATOR shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared on the Certificate of Insurance, and approved by, the CITY’S Risk Manager
or designee. At the option of the CITY’S Risk Manager or designee, either:
(i)The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects CITY, its officers, officials, employees, agents,
and volunteers; or
(ii)OPERATOR shall provide a financial guarantee, satisfactory to CITY’S
Risk Manager or designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time
shall CITY be responsible for the payment of any deductibles or self-
insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice has been given to CITY, except ten (10) days for
nonpayment of premium. OPERATOR is also responsible for providing written notice
to the CITY under the same terms and conditions. Upon issuance by the insurer,
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broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in
limits, OPERATOR shall furnish CITY with a new certificate and applicable
endorsements for such policy(ies). In the event any policy is due to expire during the
work to be performed for CITY, OPERATOR shall provide a new certificate, and
applicable endorsements, evidencing renewal of such policy not less than fifteen (15)
calendar days prior to the expiration date of the expiring policy.
The Commercial General and Automobile Liability insurance policies shall be written on
an occurrence form.
The Commercial General, Liquor and Automobile Liability insurance policies shall be
endorsed to name City, its officers, officials, agents, employees and volunteers as an
additional insured. OPERATOR shall establish additional insured status for the City
under the Commercial General Liability policy by use of ISO Forms or an executed
manuscript insurance company endorsement providing additional insured status. The
Commercial General endorsements must be as broad as that contained in ISO Forms:
GC 20 10 11 85 or both CG 20 10 & CG 20 37.
The Commercial General, Liquor and Automobile Liability insurance shall contain, or be
endorsed to contain, that the OPERATORS’ insurance shall be primary to and require
no contribution from the City. These coverages shall contain no special limitations on
the scope of protection afforded to City, its officers, officials, employees, agents and
volunteers. If OPERATOR maintains higher limits of liability than the minimums shown
above, City requires and shall be entitled to coverage for the higher limits of liability
maintained by OPERATOR.
Should any of these policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by defense costs, then the requirement
for the Limits of Liability of these polices will be twice the above stated limits.
The Workers’ Compensation insurance policy shall contain, or be endorsed to contain,
a waiver of subrogation as to CITY, its officers, officials, agents, employees and
volunteers.
The Commercial General and Automobile Liability insurance policies shall contain, or
be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials, agents,
employees and volunteers.
The Commercial Crime policy must be endorsed to name the City as a Loss Payee.
PROVIDING OF DOCUMENTS - OPERATOR shall furnish CITY with all certificate(s)
and applicable endorsements effecting coverage required herein All certificates and
applicable endorsements are to be received and approved by the CITY’S Risk
Manager or designee prior to CITY’S execution of the Agreement and before work
commences. All non-ISO endorsements amending policy coverage shall be executed
by a licensed and authorized agent or broker. Upon request of CITY, OPERATOR shall
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immediately furnish CITY with a complete copy of any insurance policy required under
this Agreement, including all endorsements, with said copy certified by the underwriter
to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement. All subcontractors working under the
direction of OPERATOR shall also be required to provide all documents noted herein.
MAINTENANCE OF COVERAGE - If at any time during the life of the Agreement or
any extension, OPERATOR or any of its subcontractors fail to maintain any required
insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by CITY that the required insurance has been
restored to full force and effect and that the premiums therefore have been paid for a
period satisfactory to CITY. Any failure to maintain the required insurance shall be
sufficient cause for CITY to terminate this Agreement. No action taken by CITY
hereunder shall in any way relieve OPERATOR of its responsibilities under this
Agreement. The phrase “fail to maintain any required insurance” shall include, without
limitation, notification received by CITY that an insurer has commenced proceedings,
or has had proceedings commenced against it, indicating that the insurer is insolvent.
The fact that insurance is obtained by OPERATOR shall not be deemed to release or
diminish the liability of OPERATOR, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by OPERATOR. Approval or purchase of any insurance contracts or policies shall in
no way relieve from liability nor limit the liability of OPERATOR, its principals, officers,
agents, employees, persons under the supervision of OPERATOR, vendors, suppliers,
invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or
indirectly by any of them.
SUBCONTRACTORS - If OPERATOR should subcontract all or any portion of the
services to be performed under this Agreement, contract any work or allow events on
premises, OPERATOR shall verify that all subcontractors or event holders maintain
insurance meeting all the requirements stated herein and OPERATOR shall ensure that
CITY, its officers, officials, employees, agents and volunteers are additional
insureds. The certificates and endorsements shall be on file with OPERATOR.
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EXHIBIT D
ESTIMATED BUDGET
Description Monthly Annually
INCOME
Theatre Events
Average number of events/month:
5
Average net proceeds per event:
$ 9,900.00
Total Net Event Income 49,500.00$ 594,000.00$
TOTAL INCOME 49,500.00$ 594,000.00$
EXPENSES
Payroll
Administration - Hospitality 4,250.00$ 51,000.00$
Administration - General Manager 7,083.33 84,999.96
Administration - Talent Buyer 4,500.00 54,000.00
Payroll Taxes 1,237.70 14,852.40
Events/Office
Accounting and Bookeeping 2,000.00 24,000.00
Bank Charges, Credit Card Processing 3,402.38 40,828.56
Advertising 6,000.00 72,000.00
Bad Debts, Décor, Dues and Subscriptions 377.00 4,524.00
HVAC Small Repairs, Other Facility Repairs 1,150.00 13,800.00
Insurance - General Liability 5,000.00 60,000.00
Insurance - Medical 2,000.00 24,000.00
Insurance - Workers Comp 587.19 7,046.28
Legal 300.00 3,600.00
Maintenance/Janitorial 1,775.00 21,300.00
Supplies - Food, Linen, Office, Postage, Printing, Misc.2,629.57 31,554.84
Payroll Processing and Permits/Fees, Licenses 541.97 6,503.64
Staff Relations, Sponsorship 250.00 3,000.00
Security 150.00 1,800.00
Travel and Entertainment 150.00 1,800.00
Auto 300.00 3,600.00
Uniforms 150.00 1,800.00
Utilities 3,525.00 42,300.00
TOTAL EXPENSES 47,359.14$ 568,309.68$
NET OPERATING REVENUES/(EXPENSES)2,140.86$ 25,690.32$
MANAGEMENT FEE
Average Management Fee per event:
$ 2,215.00
11,075.00$ 132,900.00$
TOTAL OUTGO NET (City)8,934.14$ 107,209.68$
Estimated Budget
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EXHIBIT E
BOOKINGS PRIOR TO COUNCIL APPROVAL
I. Operator shall open a "reserve" account in which the City will deposit ________________
amounting to the total advanced ticket sales and deposit revenues collected as reflected above
at the effective date of this agreement.
II. Operator will also open a new "operating" account in which the City will make monthly deposits
as reflected in Exhibit D and described under section 3(b) of the agreement; the Operator and
City shall jointly control the new operating account. Further, the Operator shall transfer the total
collected for each future booking to the operating account in the month in which the event is
scheduled. Further, within (30) days of the true-up accounting described in section 3(b) of this
agreement one of two actions will take place: 1. the Operator shall set aside any excess/unused
funds to offset future expenses (IE, the Operator understands that all net ticket revenues and other
net revenues from the Theater operations will be reinvested into the Theatre in the future); or, 2.
the City shall provide the Operator with an additional deposit in the amount of a monthly operational
Tower Theatre
Future Bookings
As of March 1, 2023
Month Day Show Ticket Revenue Deposit Total Collected
March
1 11 Ladaniva
2 12 Mania – The ABBA Tribute
3 23 Chingo Bling
4 25 Linda Ronstadt Revue
5 31 Stratos Dionysiou
6 31 Fresno Classic Muscle Sports (Lounge)
April
1 1 Fresno Classic Muscle Sports (Theatre)
2 7 K-Pop Nation
3 8 Adam Carolla
4 13 Elton Dan
5 15 Wig Wam
6 28 L.A. Guns
7 29 Hearts on Fire (Tower District Fundraiser)
May
1 12 Daniel Weingarten (Lounge)
2 13 Mark Goodwin Comedy Show
3 20 Panos Kalidis
4 29 Judy Collins
June through December
1 June-23 Yachtley Crew
2 July-23 Jeanette Harris
3 September-23 Felipe Esparza
4 November-23 The Fab Four
Total Revenues Collected
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-569 Agenda Date:4/20/2023 Agenda #:
1.-E.
REPORT TO THE CITY COUNCIL
FROM:BRIAN BARR, Director
General Services Department
BY:ROBIN O’MALLEY, Facilities Manager
General Services Department, Facilities Management Division
SUBJECT
Approve a consultant agreement with PBK in the total amount of $64,000 plus a not-to-exceed
contingency amount of $5,000 to conduct a facility condition assessment of the Tower Theatre
property and authorize the Director of General Services or designee to execute all related documents
(Council District 1)
RECOMMENDATION
Staff recommends Council approve an agreement with PBK in the amount of $64,000 plus a not-to-
exceed contingency of $5,000 to conduct a facility condition assessment of the Tower Theatre
property and authorize the Director of General Services or designee to execute all related
documents.
EXECUTIVE SUMMARY
In 2022, the City of Fresno acquired the Tower Theatre property. The acquisition included the
theatre, lounge, adjacent commercial space, and Me-N-Eds. The Tower Theatre property was
originally constructed in the late 1930’s and the building construction is reflective of that era. Due to
the age of the facility, the General Services Department needs to conduct a condition assessment of
all building components including: ADA paths of travel, fire life safety systems, mechanical, electrical,
and plumbing systems to determine short and long term needs. The consultant shall also provide
recommendations for attaining code compliance, to the degree required by the respective codes and
City requirements.
BACKGROUND
Located at 815 East Olive Avenue, the Tower Theatre was originally constructed in 1939 and has
become an icon for the city of Fresno. In 2022, the City of Fresno acquired the Theatre in an effort to
maintain its original purpose of bringing entertainment to the Tower District and the greater Fresno
area.
Since the building was originally built in the late 1930’s there are sufficient building systems and
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Since the building was originally built in the late 1930’s there are sufficient building systems and
components that may require upgrading to bring the Theatre and adjacent buildings up to current
safety standards.The Tower Theatre is on the Historical Register,and therefore the Standards for
Treatment of Historic Properties will need to be reviewed as well.For this reason,the City of Fresno
has obtained the services of a local consulting firm to determine what systems and components
require upgrading for safety and functionality.
On May 4,2020,staff published a Request for Qualifications inviting consultants to submit for
services on an “as needed”or “on call”basis for Facilities Management projects.Staff received eight
proposals in response to the category of “on-call”Architectural services.An evaluation committee
reviewed and ranked the qualifications of each consultant.Staff determined five local consultants
were qualified to provide Architectural services.PBK was selected as an “as needed”or “on call”
Architectural firm.Staff determined this consultant was best suited to perform this work based upon
project requirements, available capacity, schedule, prior experience with similar projects, and cost.
The agreement has been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
This is not a project as defined by the California Environmental Quality Act (CEQA), pursuant to
CEQA guidelines § 15278.
LOCAL PREFERENCE
Local preference was taken into consideration and PBK is a local business pursuant to FMC 4-109.
FISCAL IMPACT
This project is funded by the General fund and has been approved as adopted in the FY2023 budget
under General City Purpose.
Attachment:
Agreement for Consultant Services
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Debbie Bernard
Robin O'Malley, Facilities Manager
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-614 Agenda Date:4/20/2023 Agenda #:1.-F.
REPORT TO THE CITY COUNCIL
FROM:GEORGEANNE A. WHITE, City Manager
Office of the Mayor & City Manager
RUTH F. QUINTO, CPA, Assistant City Manager
Office of the Mayor & City Manager
BY:SANTINO DANISI, MBA, City Controller/Finance Director
Finance Department
SUBJECT
Actions pertaining to Transient Room Tax:
1. BILL- (For introduction)Amending Section 7-602 of the Fresno Municipal Code, relating to
compelling short-term rental crowdsourcing entities such as Airbnb, VRBO, etc. to collect
Transient Occupancy Tax (TOT) on the City’s behalf and to remit the revenue to the City.
RECOMMENDATION
Staff recommends that City Council introduce the bill amending Section 7-602 of the Fresno
Municipal Code, relating to compelling short-term rental crowdsourcing entities such as Airbnb,
VRBO, etc. to collect TOT on the City’s behalf and to remit the revenue to the City.
EXECUTIVE SUMMARY
This bill introduces language to address the definition of an “Operator” in Section 7-602 of the Fresno
Municipal Code and provide clarity as to how this pertains to short-term rental crowdsourcing entities;
thus, allowing the City of Fresno to require these entities to remit local taxes on behalf of short-term
rental owners. The current definition of “Operator” does not include language to include instances
where the operator may perform functions through a managing agent of any type other than an
employee, such as a short-term rental crowdsourcing entity.
BACKGROUND
Transient Occupancy Tax (TOT) commenced January 1
st, 2020 for all short-term rentals residing
within city limits and the first short-term rental account in the City of Fresno opened in May 2020. At
the start of the 2023 calendar year, there were 201 different short-term rental accounts belonging to
149 businesses. Since January 1
st, 2020, the City of Fresno has collected $196,360 in TOT revenue.
The City of Fresno requires all short-term rental operators to apply and register for a short-term rental
permit if the operator rents space for 31 days or more in a year. The City of Fresno collects TOT
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permit if the operator rents space for 31 days or more in a year.The City of Fresno collects TOT
revenue from these short-term rental operators only and the current municipal code does not hold
short-term rental crowdfunding entities,the managing agent,responsible for collecting and remitting
local taxes on behalf of the host.
This bill introduces language to address this and deems the managing agent as an operator;thus,
entitling short-term rental crowdfunding entities to the same duties and liabilities as the short-term
rental host.As a result,revenues generated by TOT collected from short-term rental are anticipated
to increase once Section 7-602 is amended.
ENVIRONMENTAL FINDINGS
Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15378,this item is not a
project for the purposes of CEQA.
LOCAL PREFERENCE
Local preference was not considered because this is an amendment to an existing agreement.
FISCAL IMPACT
There is no Fiscal Impact.
Attachments:
Ordinance
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing
ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on
the ____ day of _______ 2023.
AYES
NOES
ABSENT
ABSTAIN
Mayor Approval: ______________ , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By: ___________ _
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:------------Brandon M. Collet Date
Supervising Deputy City Attorney
Date
Deputy
4 of4
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-563 Agenda Date:4/20/2023 Agenda #:
1.-G.
REPORT TO THE CITY COUNCIL
FROM:BRYON HORN, Director
Information Services Department
BY:FRANK D. VAWTER, Assistant Director
Information Services Department
SUBJECT
Approve an increase in the licensing costs for the City’s Microsoft Enterprise Agreement in the
amount of $216,658.87.
RECOMMENDATION
Staff recommends that Council approve the increase in licensing costs for the City’s Microsoft
Enterprise agreement in the amount of $216,658.87. The City is in its third year of a three-year
agreement in which Council had previously authorized licensing fees in the amount of $3,189,931.83.
The increase is the result of hiring additional staff.
EXECUTIVE SUMMARY
The Information Services Department (ISD) maintains an Enterprise Agreement with Microsoft to
cover the support and licensing of Microsoft software products, including Office, Microsoft Teams,
and other software tools. The term of this agreement is for three years, this is our final year on the
current agreement. The increase in costs of this agreement are primarily driven by additional
licenses needed for the City’s growing staff.
On March 18, 2021, Council approved a three-year agreement with Microsoft for $3,189,931.83.
This agreement is based on a fixed number of staff and systems. Any licensing that is added by the
City is considered a “true-up” and is paid at the time of our annual payment. The additional licensing
has resulted in the total cost of the Microsoft Enterprise Agreement to $3,406,590.70, which is an
increase of $216,658.87.
ISD seeks council approval for the new amount, which exceeds the originally approved spending
authority by $216,658.87.
Quote Breakdown:
Total cost for the Microsoft Enterprise Agreement authorized by Council $3,189,931.83
Estimated funds needed for May payment
Year 1 Payment $1,063,310.61
Year 2 Payment $1,125,212.97
Year 3 (Estimate)
Licenses Purchase to date (Attachment City of Fresno Annual Payment 3.6.23)$1,201,375.12
Quote for projected license (Attachment City of Fresno Additional Licensing
Estimate 3.7.23)
$16,692.00
M365 G3 Unified FUSL GCC Sub Per User for general staff M365 F3 Unified GCC
Sub Per User for Fire staff
Third year estimated total due in May $1,218,067.12
Total for the three-year payment for our Microsoft Enterprise Agreement $3,406,590.70
Delta $216,658.87
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File #:ID 23-563 Agenda Date:4/20/2023 Agenda #:
1.-G.Total cost for the Microsoft Enterprise Agreement authorized by Council $3,189,931.83
Estimated funds needed for May payment
Year 1 Payment $1,063,310.61
Year 2 Payment $1,125,212.97
Year 3 (Estimate)
Licenses Purchase to date (Attachment City of Fresno Annual Payment 3.6.23)$1,201,375.12
Quote for projected license (Attachment City of Fresno Additional Licensing
Estimate 3.7.23)
$16,692.00
M365 G3 Unified FUSL GCC Sub Per User for general staff M365 F3 Unified GCC
Sub Per User for Fire staff
Third year estimated total due in May $1,218,067.12
Total for the three-year payment for our Microsoft Enterprise Agreement $3,406,590.70
Delta $216,658.87
BACKGROUND
Many organizations use Microsoft’s Enterprise Agreements. These agreements allow organizations to
leverage their volume to secure improved pricing on a variety of Microsoft products, as well as
establish access to Software Assurance. Software Assurance is a program that allows organizations
to maintain the rights to current versions of previously purchased licenses for a fraction of the cost of
the original license.
ISD maintains the City’s licensing for Microsoft products, these products include Windows, Office,
SharePoint, Teams and core technology functions like file and application servers, databases
servers, email servers, Intune, and Azure Active Directory.
On March 18, 2021, Council approved a three-year agreement with Microsoft for $3,189,931.83. Our
total cost for the three-year Microsoft Enterprise Agreement is now $3,406,590.70,which is an
increase of $216,658.87. The increase for the Microsoft Enterprise Agreement is due to an increase
amount of city staff utilizing Microsoft products.
ENVIRONMENTAL FINDINGS
This is not a project as defined by CEQA.
LOCAL PREFERENCE
Local preference is not applicable to an amendment to an existing agreement.
FISCAL IMPACT
Funds for this expense are included in ISD’s FY23 appropriations.
Attachments: City of Fresno Annual Payment and True-Up Worksheet
City of Fresno Additional Licensing Estimate
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lnvoice SummaryDate Updated1t24t2023Enrollment # Start Date End Date Due Date8613720 5t1t2021 4t30t20245t1t2023M icrosoft E nterprise Ag reementCity of Fresno12$tDraftDraftFinalYear 2 Online Service Reservations TotalYear 2 True-Up TotalYear 3 Annual lnvoice$66,764.55$0.00$1 ,134,610.57Pretax TotalDescriptionPO#StateTotal Expected lnvoice Amounts**AII Purchase Orders are to be addressed to Dett*-
Dell Customer Communication - Confidential.**Pricing set at L3 months assuming March reservations++Total cost will be less if reserved laterDate Updated Enrollment #Start Date511t2021Due Date5t1t2023End Date861Microsoft Enterprise Ag reementof Fresno5t1t2023511t20234025$27.85$6.80511t2023511t202s$14,482.00AAD-34704TBD413012024 United StatesUnited StatesM365 G3 Unified FUSL GCC Sub per UserGCC Sub PerM365Scheduled BillDateExtendedAmountCoverage Coveragestart Date End DateUsageCountryPriceQuantityMonthsDescriPart NumberPO Number$16,692.00
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-587 Agenda Date:4/20/2023 Agenda #:
1.-H.
REPORT TO THE CITY COUNCIL
FROM:AARON A. AGUIRRE, Director
Parks, After School, Recreation, and Community Services Department
ALDI RAMIREZ, Assistant Director
Parks, After School, Recreation, and Community Services Department
BY:DARY BOUALAMSY, Business Manager
Parks, After School, Recreation, and Community Services Department
SUBJECT
***RESOLUTION - Adopt the Eighth Amendment to the Position Authorization Resolution (“PAR") No.
2022-153 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 Fiscal Year 2023,” to add a
total of four positions: one full time Projects Administrator; one full time Program Manager; and two
full time Senior Management Analysts, in the Parks, After School, Recreation, and Community
Services (“PARCS”) Department. (Subject to Mayor’s veto).
RECOMMENDATIONS
Staff recommends City Council adopt the Eighth Amendment to the Position Authorization Resolution
(PAR) No. 2022-153 to add four total positions: one full time Project Administrator; one full time
Program Manager; and two full time Senior Management Analysts to the PARCS Department in order
to provide adequate staffing to administer current and future capital projects; to administer new
grants, subcontractors, and City contracts; and to manage recreation programming for Aquatics,
Action Sports and the Pedestrian and Bicycle Safety Program.
EXECUTIVE SUMMARY
Staff have identified the need for additional personnel in order to adequately administer and manage
the current and future needs of the City of Fresno PARCS Department in key areas, including capital
projects administration; grants, contracts, and purchasing; youth sports and recreation; and
neighborhood safety & community development. The addition of one Project Administrator, one
Program Manager, and two Senior Management Analysts will utilize appropriations in Fiscal Year
2023 from the following funds: $44,600 of Measure P expenditure category 1; $14,300 Measure P
expenditure category 3; and $1,400 from Federal Byrne Discretionary Community Project Grant
(BJA) which will fund 10% of the Senior Management Analyst position in the Office of Neighborhood
Safety and Community Engagement (ONSCE). Expected onboarding of positions will begin June 1,
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NEW FILE ID 23-671
File #:ID 23-587 Agenda Date:4/20/2023 Agenda #:
1.-H.
2023.
BACKGROUND
During the Department’s Fiscal Year 2023 midyear budget review, appropriations were identified to
support a total of four additional positions: one Projects Administrator; one Program Manager; and
two Senior Management Analysts. These positions are needed to adequately implement
administrative, engagement, management, supervisory, and reporting activities across several
functions including recreation, ONSCE grants administration, contract and procurement compliance,
and the large and growing portfolio of capital projects.
1.Projects Administrator: PARCS is requesting to add one additional full-time position of
Projects Administrator for the implementation of the $67 million capital portfolio representing
approximately 182 distinct projects in the current fiscal year. In the current year, PARCS
anticipates expending or encumbering $24,251,965 million of the current year capital
appropriations, representing an increase of 197% over Fiscal Year 2022 expenditures. The
Projects Administrator role serves as the primary owner representative for coordinating project
activities, reporting, and funding across all internal and external stakeholders. This one
additional position of Projects Administrator in the PARCS Department will allow: 1) increased
focus on each project to improve quality of stakeholder engagement; 2) increased
responsiveness and speed across entire portfolio to respond to emerging project-related
issues; 3) cost-savings through rigorous project oversight to ensure consultant and contractor
performance aligns with primary scope objectives; 4) improved project outcomes by ensuring
projects are scoped in a comprehensive, cost-effective fashion; 5) additional funding by
coordinating internally to provide project information pertinent to the pursuit of grants and other
funding mechanisms. Approving the one full time position of Projects Administrator will
address capacity to adequately manage and increase the capital projects pipeline, ultimately
resulting in more improvements funded and implemented. The position will not result in a new
impact to the General Fund because PARCS Project Administrators project cost directly to the
projects they are working on. PARCS proposes to continue to utilize this approach.
2.Program Manager (Recreation):PARCS is requesting one full time position of Program
Manager to manage programming for Aquatics, Action Sports, and the Pedestrian and Bicycle
Safety Program. These programs are currently managed by one incumbent Program Manager
who is responsible for oversight of programs including: Camp Fresno Youth Recreation, Youth
Sports, Adult Sports, Aquatics, the Pedestrian and Bicycle Safety Program, and Action Sports.
Many of these programs experience a significant increase in activities and events during
spring and summer months, which causes severe capacity constraints during times of peak
activity when planning, oversight, supervision, and quick adaptation to changing conditions are
most critical. The addition of one full time position of Program Manager is designated
specifically for Aquatics, Action Sports, and Pedestrian and Bicycle Safety Programing to allow
current operations to be sustainably implemented while identifying opportunities for
improvement and expansion. Aquatics programming includes recreation swim and swim
lessons at ten City pools, up to seven Fresno Unified School District pools and one Central
Unified School District pool; CPR and First Aid Certification instruction for all lifeguards as well
as for the public; and the Junior Lifeguard Program. Aquatics programs require temporary and
seasonal staffing of over 100 employees. Action Sports includes the Woodward Park BMX
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Program and the Pedestrian and Bicycle Safety Program. Woodward Park BMX holds USA
BMX sanctioned races every Thursday night and Sunday morning, and practices on Saturday
mornings. Program participants include both youth and adults. The Pedestrian and Bicycle
Safety Program is a grant-funded year-round program with specific goals and strategies to
help reduce the number of persons killed and injured in crashes involving pedestrians and
bicyclists. This program includes classroom education, bicycle rodeos, community events,
presentations, and workshops conducted in community areas with high numbers of pedestrian
and/or bicycle-related crashes including underserved communities, older adults, and school-
aged children. This addition of one full time position of Program Manager will provide improved
program oversight and staff development, improving overall quality of guest services. This
position will be funded under Measure P expenditure category 3 - Youth and Senior
Recreation Programs.
3.Senior Management Analyst (ONSCE):The addition of one full time position of Senior
Management Analyst will be responsible for managing ONSCE Division grants,
subcontractors, and City contracts; coordinating grantee meetings and audits; verifying and
processing invoices; developing and submitting funders’ quarterly progress reporting and data
entry; coordinating and verifying grant subcontractor expenditures; and assisting with grantee
audits, site visits, and findings follow-up. The ONSCE Division experienced an influx of grants
and contracts under management from $1,543,000 to $5,167,160 within Fiscal Year 2023.
This expansion of activity requires grant and contract administrative support in order to
maintain positive and productive working relationships resulting in compliant grant
reimbursements. This one full time position of Senior Management Analyst will be funded 10%
by Federal Byrne Discretionary Community Project Grant (BJA) funding and future grant fund
applications will include requests to fund the balance of the position. Until such grants are
identified, 90% of the position will be funded from Measure P expenditure category 1 -
Improving and Maintain Safe, Clean Neighborhood Parks and Playgrounds.
4.Senior Management Analyst (Procurement):The addition of one full time position of Senior
Management Analyst will be responsible for working with Program Managers, Area Managers,
Business Managers, and other staff responsible for procuring goods or services to prepare
and route Requests for Proposal (RFPs) through the procurement process on behalf of the
Department. There are currently 17 RFPs in the queue, and it is expected there will be more
due to the volume of purchasing that occurs within the Department. The workflow required to
scope, prepare, develop a template in consultation with Purchasing, Risk and Legal for
procuring services has been mapped and requires at least 63 identifiable steps from concept
to award of a purchasing contract. Funding this additional one full time position of Senior
Management Analyst will enable the Department to maintain compliance with purchasing
requirements, develop processes and procedures to build capacity for purchasing with existing
Managers, work with purchasing to create templates for procurement that suit the needs of
PARCS and streamline the process. PARCS’ purchasing is unique when compared to other
departments in the City. Most City purchasing is for construction, trade labor, well-defined
supplies, or equipment. PARCS’ operational needs result in procurement that is nonstandard
and requires extensive research to create appropriate scope of work and, once awarded,
effectively operationalize the contract across a distributed team. This additional one full time
position of Senior Management Analyst will be funded under expenditure category 1 -
Improving and Maintain Safe, Clean Neighborhood Parks and Playgrounds, from the 2%
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designated for administrative delivery per Measure P.
This agenda item and proposed recommendations are being presented to the Parks, Recreation and
Arts Commission (PRAC) on April 17, 2023. Staff will report PRAC’s recommendations related to this
item to the City Council.
There is no requirement to meet and confer with bargaining units over this PAR amendment as this is
only increasing the number of employees in existing classifications.
ENVIRONMENTAL FINDINGS
Increasing budget appropriations and staffing levels are not considered a project for purposes of
CEQA, pursuant to CEQA Guidelines Section 15378
LOCAL PREFERENCE
Local preference is not applicable since this item will not include a bid or award of a construction or
services contract.
FISCAL IMPACT
There will be no impact to the General Fund. The recommended action will use Fiscal Year 2023
appropriations in Measure P of $58,900 and Federal Byrne Discretionary Community Project Grant
(BJA) of $1,400
Attachment:
Resolution - Eighth Amendment to Position Authorization Resolution No. 2022-153
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-470 Agenda Date:4/20/2023 Agenda #:1.-I.
REPORT TO THE CITY COUNCIL
FROM:JENNIFER CLARK, Director
Planning and Development Department
THROUGH:ISRAEL TREJO, Planning Manager
Planning and Development Department
BY:ROB HOLT, Supervising Planner
Planning and Development Department
SUBJECT
Approve a Project-Specific Tax Sharing Agreement Between the City of Fresno and the County of
Fresno Regarding California-Willow No. 4 Reorganization for approximately 79.75 acres of property
located on the southeast and southwest corners of the East California Avenue alignment (railroad
right-of-way) and South Willow Avenue (Council District 5).
RECOMMENDATION
Staff recommends that Council approve the Project-Specific Tax Sharing Agreement Between the
City of Fresno and the County of Fresno Regarding California-Willow No. 4 Reorganization.
EXECUTIVE SUMMARY
The City Council unanimously approved Annexation Application No. P22-00411, Pre-zone Application
No. P22-00442, Vesting Tentative Tract Map No. 6345, and related Environmental Assessment No. T-
6345/P22-00411/P22-00442 on November 3, 2022. The County of Fresno and City of Fresno have
not had a master Tax Sharing Memorandum of Understanding (MOU) since August 29, 2020 and
have not been successful in negotiating a successor agreement as of today. This Project-Specific
Agreement is necessary for the applicant’s annexation application to continue through the LAFCo
process and to start the process of building 199 housing units in the City of Fresno. The Fresno
County Board of Supervisors will be required to approve this agreement for the annexation
application to continue through the LAFCo process. The agreement itself will be discussed in the
Background section of this report starting in the third paragraph.
BACKGROUND
Annexation Application No. P22-00411, Pre-zone Application No. P22-00442, and Vesting Tentative
Tract Map No. 6345 came before the City Council on September 29, 2022, where it was continued to
the November 3, 2022 agenda at the applicant’s request. It was heard and unanimously approved by
Council with an amendment to the annexation boundary on November 3, 2022. The Developer has
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Council with an amendment to the annexation boundary on November 3,2022.The Developer has
agreed to the amendment to the annexation boundary that was included in Councilmember Chavez’s
motion to approve the project:1)exclude the Pilibos parcels that lay north of the East California
Avenue alignment from the proposed rezone and annexation.
This application was brought forward on behalf of D.R.Horton.Vesting Tentative Tract Map No.6345
consisting of 36.75 acres of property has been approved for 199 single-family homes.This
annexation includes one additional parcel totaling 79.75 acres.
The Administration has been meeting with Fresno County to develop a new Master Tax Sharing
Agreement.Various proposals have been discussed,but as of today the City and the County have
not reached an agreement.In the absence of a Master Tax Sharing Agreement,the City and County
are obligated by state law to negotiate separate standalone agreements on a project-by-project
basis.At the request of the Developer,the City initiated the process to develop a standalone tax
sharing agreement for this project on February 6, 2023.
The Standalone Tax Sharing Agreement for this project uses the allocations for real property tax
sharing that were part of the now expired 2003 MOU,62 percent to the County and 38 percent to the
City.In order to create an agreement that evidences revenue neutrality for the City as required by
Fresno Municipal Code Section 15-6104,this agreement includes Section 3.a which creates a
condition precedent to this agreement that requires the developer to make up for revenue shortfalls in
the provision of police and fire services.Annexation in Community Facilities District (CFD)No.18 will
offset Police and Fire costs associated with the annexation.
Another element of this agreement is for the City to accept conveyances from the County for road
rights-of-way along South Willow Avenue and the East California Avenue alignment as described in
Exhibit A.
Once the roads right-of-way for South Willow Avenue and the East California Avenue alignment are
conveyed to the City by the County,the City will be able to provide street maintenance services for
these roadways.City jurisdiction over these roadways will allow for a more streamlined and uniform
development of these streets to City standards,including all planned travel lanes,bike lanes,curbs,
gutters, sidewalks, and roadway lighting.
ENVIRONMENTAL FINDINGS
This item is not a project as defined by the California Environmental Quality Act.
LOCAL PREFERENCE
Local preference was not implemented because this project does not include a bid or award of a
construction or service contract.
FISCAL IMPACT
Entering into this agreement is not anticipated to result in a direct impact on the General Fund.Any
indirect impacts will be addressed by the mechanisms described above in the staff report.
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File #:ID 23-470 Agenda Date:4/20/2023 Agenda #:1.-I.
Attachments:
Exhibit A - Project-Specific Tax Sharing Agreement
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STANDALONE TAX SHARING AGREEMENT BETWEEN THE CITY OF FRESNO AND THE COUNTY OF FRESNO REGARDING CALIFORNIA-WILLOW NO. 4 REORGANIZATION
THIS STANDALONE TAX SHARING AGREEMENT BETWEEN THE CITY OF FRESNO AND
THE COUNTY OF FRESNO REGARDING CALIFORNIA-WILLOW NO. 4 REORGANIZATION
(AGREEMENT) is made and entered into on this______ day of _______________, 2023, by
and between the CITY OF FRESNO, a municipal corporation of the State of California (CITY)
and the COUNTY OF FRESNO, a political subdivision of the State of California (COUNTY).
RECITALS
A.Revenue and Taxation Code Section 99 requires that CITY and COUNTY enter into a
property tax sharing agreement prior to annexation approval of unincorporated
COUNTY territory into CITY’s jurisdictional limits by the Fresno Local Area Formation
Commission (LAFCo).
B.CITY and COUNTY were previously parties to that certain Amended and Restated
Memorandum of Understanding, dated January 6, 2003 (the 2003 MOU), a master tax
sharing agreement sanctioned by Revenue and Taxation Code Section 99(d).
C.The 2003 MOU expired on August 29, 2020.
D.On November 9, 2022, by Resolution No. 2022-244, CITY authorized submission of an
annexation application to LAFCo for the area covered by CITY Annexation Application
No. P22-00411, which area is more particularly set forth in Exhibit A hereto and
incorporated herein by this reference (the ANNEXATION), “[s]ubject to approval of a
Revenue and Taxation Code Section 99 tax sharing agreement between the City of
Fresno and County of Fresno evidencing reve nue neutrality to the City of Fresno as
required by Fresno Municipal Code Section 15-6104(C).”
E.In the absence of a master tax sharing agreement, t he City and County now desire to
enter into a standalone tax sharing agreement, using the real property tax
apportionment formula provided by the 2003 MOU, but only for real property in the
ANNEXATION, pursuant to Revenue and Taxation Code Section 99(a)(6), under the
mutually agreed upon terms set forth herein.
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F.The development of the real property identified in t he ANNEXATION would best be
served by being annexed to CITY. CITY and COUNTY further share a mutual interest
in the acquisition by CITY of the rights-of-way identified in Exhibit B, attached hereto
and incorporated herein by this reference, as this acquisition of the rights-of-way by
CITY would serve the public interest by minimizing creation of peninsulas, corridors,
and other distortions of boundaries. At COUNTY’s request, CITY has agreed to include
a plan to accomplish the aforementioned as part of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing an d of the covenants, conditions,
and promises hereinafter contained to be kept and performed by the respective parties, it is
mutually agreed as follows:
1.Definitions.
a.Base Property Tax Revenue means Property Tax Revenue allocated by tax
rate equivalents to all taxing jurisdictions as to the geographic area comprising a
given tax rate area annexed in the fiscal year immediately preceding the tax year
in which property tax revenues are apportioned pursuant to this Agreement,
including the amount of State reimbursement for the homeowners' exemption.
b.Property Tax Increment means revenue from the annual tax increment, as
"annual tax increment" is defined in Section 98 of the Revenue and Taxation
Code, attributable to the tax rate area for the respective fiscal year.
c.Substantially Developed means real property which, prior to annexation, has an
improvement value to land value ratio equal to or g reater than 1.25:1, as
determined by the Fresno County Assessor's records, as of the property tax lien
date in the fiscal year in which the annexation becomes effective under the
Cortese-Knox Local Government Reorganization Act, and on and after January
1, 2001, the Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000.
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d.Property Tax Revenue means Base Property Tax Revenue, plus the Property
Tax Increment for a given tax rate area in a given fiscal year.
2.Property Tax Revenues.
a.General. The Property Tax Revenue collected in relation to the annexation of
the real property in the geographical area covered by the ANNEXATION shall be
apportioned between CITY and COUNTY as set forth in sections 2.b. and 2.c.
below. The parties acknowledge that, pursuant to Sections 54902, 54902.1, and
54903 of the Government Code and Sections 97 and 99 of the Revenue and
Taxation Code, the distribution of such Property Tax Revenues will not be
effective until the revenues are collected in the fiscal year following the calendar
year in which the related statement of boundary changes and the related map or
plat is filed with the County Assessor and the State Board of Equalization.
b.Property Not Substantially Developed. Regarding real property in the
ANNEXATION, which is not considered Substantially Developed at the time of
annexation, COUNTY will retain all of its Base Property Tax Revenue upon the
annexation of such geographical area to the CITY. The amount of the Property
Tax Increment allocated to special districts whose services are assumed by CITY
shall be combined with the Property Tax Increment allocated to COUNTY, the
sum of which shall be allocated between CITY and COUNTY pursuant to the
following ratio:
COUNTY: 62%
CITY: 38%
c.Substantially Developed Property. Regarding the real property in the
ANNEXATION, which is considered Substantially Developed at the time of
annexation, Property Tax Revenue (base plus increment) will be reallocated as
follows: a detaching or dissolving district's Property Tax Revenue (base plus
increment) shall be combined with COUNTY's and the sum shall be allocated
between CITY and COUNTY pursuant to the ratio set forth in section 2.b. above.
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3.Effective Date. The Agreement shall not become effective until both (1) execution by
both parties hereto and (2) fulfillment of the condition precedent set forth herein.
a.Condition Precedent. It shall be a condition precedent of this Agreement that
the Developer of the initial ANNEXATION amends the conditions of approval of
Vesting Tentative Tract Map No. 6345 (part of Annexation Application No. P22-
00411) to require Developer to make up for revenue shortfalls addressed in City
of Fresno Resolution No. 2022-244, through an appropriate mechanism.
4.Additional Covenants. Not as conditions to the validity or enforceability of other
provisions of this Agreement, CITY and COUNTY agree as follows:
a.Acquisition of Rights-of-Way. Within a reasonable time prior to the recordation
of the ANNEXATION, CITY shall accept conveyances from COUNTY for, or
otherwise acquire, all road rights-of-way along S. Willow Avenue as identified in
Exhibit C. In regard to any portion(s) of road rights -of-way along S. Willow
Avenue shown in Exhibit C, for which the COUNTY does not have marketable
record title as of the Effective Date, CITY shall be responsible to acquire (by
purchase, eminent domain, or otherwise) said portion(s) of road rights -of-way.
Upon the acceptance or acquisition by CITY of the road rights -of-way identified in
Exhibit C, pursuant to this section 4.a., those rights-of-way shall become CITY
streets and the sole responsibility of CITY. As an alternative to the acceptance by
CITY of conveyances from COUNTY for or other acquisition of all road rights -of-
way shown in Exhibit C under this section 4.a., City may annex the territory
comprising all road rights-of-way shown in Exhibit C. CITY will not object to and
shall support the imposition by LAFCo of a condition of the ANNEXATION
requiring, prior to the recordation of the ANNEXATION, the acceptance by CITY
of conveyances from COUNTY for or other acquisition of all road rights-of-way
shown in Exhibit C.
b.Enforcement. COUNTY may enforce the covenants in section 4, inclusive of
section 4.a., by any legal means, provided however that, once LAFCo issues a
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certificate of completion pursuant to Section 57203 of the Government Code
with respect to the ANNEXATION, this section 4 does not authorize COUNTY to
seek LAFCo’s invalidation of, or to withdraw support for, the proceedings for the
ANNEXATION.
[Signatures follow on next page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By: ____________________________
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: ____________________________
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By: ____________________________
Deputy Date
COUNTY OF FRESNO, a Political
Subdivision of the State of California
By: ____________________________
Sal Quintero, Chairman of the
Board of Supervisors of the County
of Fresno
ATTEST:
Bernice E. Seidel
Clerk to the Board of Supervisors
County of Fresno, State of California
By: ____________________________
Deputy
Attachments:
Exhibit A – Proposed Annexation Boundaries
Exhibit B – Rights-of-way to be accepted or acquired by the City of Fresno
Exhibit A
PEACHWILLOWPITT
ASH
GEARY KARENHAMILTON
MATUSADLERHELMFLORENCE SYLMARDWIGHTBAILEYWINERYTIMMY
ATCHISON
GARDENBRALY
LAUREENORLEANS
WOODWARD
CASTELLAR HELMFLORENCE
PITT KARENHAMILTON
KARENWINERYµ
0 230 460 690 920115Feet
Map Prepared by: GS
G:\4360Devs&Pln\GIS\
Maps\Specific\
RIGHT-OF-WAY TO BE ACCEPTEDOR ACQUIRED BY CITY OF FRESNO
Legend
Right-of-Way to be Accepted or Acquired by City of Fresno
California - Willow No. 4 Reorg.
City of Fresno Sphere of Influence EXHIBIT BCITYOF FRESNO
Right-of-Way to be
Accepted or Acquired
by City of Fresno
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-574 Agenda Date:4/20/2023 Agenda #:1.-J.
REPORT TO THE CITY COUNCIL
FROM:JENNIFER CLARK, Director
Planning and Development Department
THROUGH:PHIL SKEI, Assistant Director
Planning and Development Department
BY:JENNIFER E. DAVIS, Senior Management Analyst
Housing Finance Division
SUBJECT
Actions pertaining to the State of California’s Homekey 3 Program and Travelodge located at 3876
North Blackstone Avenue (436-260-22) to facilitate the development of permanent affordable housing
(District 4)
1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section
15332/Class 32 of the California Environmental Quality Act (CEQA) guidelines;
2. Approve the Purchase and Sale Agreement with PRABHATBHAI T. PATEL and SUSHILABEN
P. PATEL as TRUSTEES of The Prabhatbhai T. Patel and Sushilaben P. Patel Living Trust
u/t/d/ dated September 12, 2019, for $4,400,000;
3. ***RESOLUTION - Authorizing joint application and acceptance of funding from participation in
the State of California’s Homekey 3 Program to sustain and rapidly expand housing for
persons experiencing or at risk of homelessness and authorizing the City Manager to sign all
required implementing documents (Subject to Mayor’s veto); and
4. ***RESOLUTION - Declaring a commitment for a future City contribution of funds for
rehabilitation expenses in an amount not to exceed $5,000,000 upon full award of Homekey 3
funding for the Travelodge Project (Subject to Mayor’s veto).
RECOMMENDATION
Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Section
15301/Class 1 and Section 15332/Class 32 of the California Environmental Quality Act (CEQA)
guidelines; approve the Purchase and Sale Agreement relating to the Travelodge; adopt a resolution
authorizing joint application with Fresno Mission and acceptance of funding from participation in the
State of California’s Homekey 3 Program to sustain and rapidly expand housing for persons
experiencing or at risk of homelessness and authorizing the City Manager to sign all required
implementing documents; and adopt a resolution declaring a commitment for a future City
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R. 2023-098
File #:ID 23-574 Agenda Date:4/20/2023 Agenda #:1.-J.
implementing documents;and adopt a resolution declaring a commitment for a future City
contribution of funds for rehabilitation expenses in an amount not to exceed $5,000,000 upon full
award of Homekey 3 funding for the Travelodge Project (Project).
EXECUTIVE SUMMARY
HCD announced the availability of approximately $736 million through a Homekey Notice of Funding
Availability,Round 3.Fresno Mission has proposed to apply jointly with the City as Co-Applicants for
up to $15,000,000 in financial assistance for a project to redevelop the Travelodge into permanent
affordable housing for families and individuals experiencing or at risk of homelessness.If approved,
Fresno Mission will work with City staff to complete the application and administer the grant on behalf
of the City.Additionally,if approved,the City will commit up to $5,000,000 from non-general fund
Housing Division resources, which may include HOME, HOME-ARP, ARPA, PLHA, or others.
BACKGROUND
The California Department of Housing and Community Development (Department)has issued a
Notice of Funding Availability,dated March 29,2023,announcing the availability of approximately
$736 million of Homekey Program grant funding through Round 3,for the purpose of sustaining and
rapidly expanding housing for persons experiencing or at risk of homelessness.Homekey 3 builds on
the success of Project Roomkey,as well as the first two rounds of Homekey,to continue a statewide
effort to rapidly sustain and expand housing for persons experiencing homelessness or at risk of
homelessness,and who are,thereby,disproportionately impacted by and at risk for medical diseases
or conditions due to the COVID-19 pandemic and other communicable diseases.
Of the $736 million in Homekey funding,$435 million is derived from the Coronavirus State Fiscal
Recovery Fund (CSFRF)established by the federal American Rescue Plan Act of 2021 (ARPA)
(Public Law 117-2)and $301 million is State General Fund.The $301 million in State General Fund
money is intended to supplement the acquisition of,and to provide initial operating subsidies for
Homekey sites to promote project feasibility.Homekey 3 funding is available on a first come,first
serve basis until July 28,2023,or until the available funds are exhausted,whichever occurs first.
Projects receiving an award from the state's direct allocation of the federal ARPA must expend the
funds within eight months of the date of award.The portion of a project's award associated with State
General Fund must be expended by June 30, 2026.
Fresno Mission has requested to apply jointly with the City for its proposed redevelopment project of
the Travelodge into a permanent affordable housing development for families and individuals
experiencing or at risk of homelessness.As the eligible entity,the City would be the Lead Applicant
with the understanding that Fresno Mission will complete the application with the support of City staff.
Fresno Mission is a multipurpose organization dedicated to providing shelter,housing,and case
management services to displaced persons in the greater Fresno County area.Fresno Mission has a
successful history of partnership with the City and continues to provide support in the City’s efforts to
reduce homelessness and increase housing.
The proposed Homekey 3 project at the Travelodge will provide approximately 44 units of housing
that target qualified households and individuals who are experiencing or are at risk of homelessness.
Approval of the resolutions will authorize submission of the joint application to HCD and declare a
future funding commitment.Staff intends to return to council for authority to accept funding and to
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future funding commitment. Staff intends to return to council for authority to accept funding and to
approve an MOU establishing the roles and responsibilities of the parties in administering the grant.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this Project and has determined it
falls within the Categorical Exemption set forth in CEQA Guidelines Sections 15301/Class 1 (existing
facilities) and Section 15332/Class 32 (in-fill development). Staff has determined that none of the
exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this
project. Further CEQA analysis will be performed at a future date once this project reaches the
building application phase.
LOCAL PREFERENCE
Local preference is not applicable because the resolutions provide support for a State funding
application and City acquisition of real property does not involve bidding or awarding.
FISCAL IMPACT
Funding for this agreement will be through the State of California’s Project Homekey award to the
City of Fresno for this Project.
Attachments:
- Categorical Exemption (Travelodge)
- Purchase and Sale Agreement (Travelodge)
- Resolution Authorizing Joint Application to Homekey 3
- Resolution Declaring Funding Commitment
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CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. P23-01201
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
APPLICANT: Robert Scott Beyelia
Planning and Development Department
2600 Fresno Street, Third Floor
Fresno, CA 93721
PROJECT LOCATION: 3876 North Blackstone Avenue; Located on the southeast corner
of North Blackstone Avenue and East Saginaw Way (APN: 436-
260-22)
PROJECT DESCRIPTION: The project proposes acquisition of real property which is
currently developed with an existing motel.
This project is exempt under Sections 15301/Class 1 and 15332/Class 32 of the California
Environmental Quality Act (CEQA) Guidelines as follows:
Under Section 15301/Class 1, the proposed project is exempt from CEQA requirements when
the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of existing or former use. Under
Section 15332/Class 32, a project is exempt from CEQA requirements when characterized as
in-fill development, which consists of the following: 1) The project is consistent with the
applicable general plan designation and all applicable general plan policies as well as with
applicable zoning designation and regulations; 2) The proposed development occurs within city
limits on a project site of no more than five acres in size and substantially surrounded by urban
uses; 3) The project site has no value as a habitat for endangered, rare or threatened species;
4) Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality; and, 5) The site can be adequately served by all required utilities and
public services.
The project proposes acquisition of an existing motel, with no proposed use and no new
construction proposed with this action. The project site is located on a 0.91-acre parcel which
is surrounded by urban uses, and has no value as a habitat for endangered, rare or threatened
species. The project site is located along a major transit corridor and is served by all necessary
utilities and public services. Future actions for the subject site will be subject to compliance with
CEQA. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,
Section 15300.2 apply to the project. Therefore, the proposed project is not expected to have a
significant effect on the environment. A Categorical Exemption, as noted above, has been
prepared for the project.
Date: April 7, 2023
Submitted by:
Chris Lang, Supervising Planner
City of Fresno
Planning & Development Dept.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-575 Agenda Date:4/20/2023 Agenda #:
1.-K.
REPORT TO THE CITY COUNCIL
FROM:JENNIFER CLARK, Director
Planning and Development Department
PHIL SKEI, Assistant Director
Planning and development Department
BY:JENNIFER E. DAVIS, Senior Management Analyst
Housing Finance Division
SUBJECT
Actions pertaining to the State of California’s Homekey 3 Program and Quality Inn located at 6051
North Thesta Street (APN 409-200-43), to facilitate the development of permanent affordable housing
(District 6)
1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section
15332/Class 32 of the California Environmental Quality Act (CEQA) guidelines;
2. ***RESOLUTION - Authorizing a joint application to and acceptance of funding from
participation in Project Homekey 3.0 to sustain and rapidly expand housing for persons
experiencing homelessness or at risk of homelessness, and who are, thereby inherently
impacted by or at increased risk for medical diseases or conditions due to the COVID-19
pandemic or other communicable diseases and authorizing the City Manager to sign all
required implementing documents (Subject to Mayor’s veto); and
3. ***RESOLUTION - Supporting a future City contribution of funds for rehabilitation expenses in
an amount not to exceed $6,000,000 associated with UPholding California, LLC’s Quality Inn
Project under funding through the State of California’s Homekey 3 Program (Subject to
Mayor’s veto).
RECOMMENDATION
Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Section
15301/Class 1 and Section 15332/Class 32 of the California Environmental Quality Act (CEQA)
guidelines; adopt a resolution authorizing joint application with UPholdings California, LLC and
acceptance of funding from participation in the State of California’s Homekey 3 Program to sustain
and rapidly expand housing for persons experiencing or at risk of homelessness and authorizing the
City Manager to sign all required implementing documents; and adopt a resolution declaring a
commitment for a future City contribution of funds for rehabilitation expenses in an amount not to
exceed $6,000,000 upon full award of Homekey 3 funding for the Quality Inn Project (Project).
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COMMUNITY MEETINGS
R. 2023-095, R. 2023-096
File #:ID 23-575 Agenda Date:4/20/2023 Agenda #:
1.-K.
EXECUTIVE SUMMARY
HCD announced the availability of approximately $736 million through a Homekey Notice of Funding
Availability,Round 3.UPholdings California,LLC has proposed to apply jointly with the City as Co-
Applicants for up to $25,000,000 in financial assistance for a project to redevelop the Quality Inn into
permanent affordable housing for families and individuals experiencing or at risk of homelessness.If
approved,UPholdings California,LLC will work with City staff to complete the application and
administer the grant on behalf of the City.Additionally,if approved,the City will commit up to
$6,000,000 from non-general fund Housing Division resources,which may include HOME,HOME-
ARP, ARPA, PLHA, or others.
BACKGROUND
The California Department of Housing and Community Development (Department)has issued a
Notice of Funding Availability,dated March 29,2023,announcing the availability of approximately
$736 million of Homekey Program grant funding through Round 3,for the purpose of sustaining and
rapidly expanding housing for persons experiencing or at risk of homelessness.Homekey 3 builds on
the success of Project Roomkey,as well as the first two rounds of Homekey,to continue a statewide
effort to rapidly sustain and expand housing for persons experiencing homelessness or at risk of
homelessness,and who are,thereby,disproportionately impacted by and at risk for medical diseases
or conditions due to the COVID-19 pandemic and other communicable diseases.
Of the $736 million in Homekey funding,$435 million is derived from the Coronavirus State Fiscal
Recovery Fund (CSFRF)established by the federal American Rescue Plan Act of 2021 (ARPA)
(Public Law 117-2)and $301 million is State General Fund.The $301 million in State General Fund
money is intended to supplement the acquisition of,and to provide initial operating subsidies for,
Homekey sites to promote project feasibility.Homekey 3 funding is available on a first come,first
serve basis until July 28,2023,or until the available funds are exhausted,whichever occurs first.
Projects receiving an award from the state's direct allocation of the federal ARPA must expend the
funds within eight months of the date of award.The portion of a project's award associated with State
General Fund must be expended by June 30, 2026.
UPholdings California,LLC (UPholdings)has requested to apply jointly with the City for its proposed
redevelopment project of the Quality Inn into a permanent affordable housing development for
families and individuals experiencing or at risk of homelessness.As the eligible entity,the City would
be the Lead Applicant with the understanding that UPholdings will complete the application with the
support of City staff.UPholdings is a comprehensive real estate firm that is dedicated to creating,
operating,and sustaining quality affordable housing in communities throughout the United States.Of
the 40 properties UPholdings manages nationwide,eleven of those properties are in California with
four in Fresno County.UPholdings has worked successfully with the City to develop projects for
Homekey 2,including The Park at 1309,formerly known as the San Joaquin Hotel,which will provide
69 units of housing targeted to qualified students who are experiencing or at risk of homelessness in
Fresno.
The proposed Homekey 3 project at Quality Inn will provide 59 units of housing that target qualified
households and individuals who are experiencing or are at risk of homelessness.Approval of the
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resolutions will authorize submission of the joint application to HCD and declare a future funding
commitment. Staff intends to return to council for authority to accept funding and to approve an MOU
establishing the roles and responsibilities of the parties in administering the grant.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this Project and has determined it
falls within the Categorical Exemption set forth in CEQA Guidelines Sections 15301/Class 1 (existing
facilities) and Section 15332/Class 32 (in-fill development). Staff has determined that none of the
exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this
project. Further CEQA analysis will be performed at a future date once this project reaches the
building application phase.
LOCAL PREFERENCE
Local preference is not applicable because the resolutions provide support for a state funding
application and City acquisition of real property does not involve bidding or awarding.
FISCAL IMPACT
Funding for this agreement will be through the State of California’s Project Homekey award to the
City of Fresno for this Project.
Attachments:
- Categorical Exemption (Quality Inn)
- Resolution Authorizing Joint Application to Homekey 3
- Resolution Declaring Funding Commitment
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CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. P23-01238
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
APPLICANT: Robert Scott Beyelia
Planning and Development Department
2600 Fresno Street, Third Floor
Fresno, CA 93721
PROJECT LOCATION: 6051 North Thesta Street; Located on the west side of North
Thesta Street between East Bullard and East Escalon Avenues
(APN: 409-200-43)
PROJECT DESCRIPTION: The project proposes acquisition of real property to facilitate
development of an interim homeless shelter. Subject property is
developed with an existing motel.
This project is exempt under Sections 15301/Class 1 and 15332/Class 32 of the California
Environmental Quality Act (CEQA) Guidelines as follows:
Under Section 15301/Class 1, the proposed project is exempt from CEQA requirements when
the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of existing or former use. Under
Section 15332/Class 32, a project is exempt from CEQA requirements when characterized as
in-fill development, which consists of the following: 1) The project is consistent with the
applicable general plan designation and all applicable general plan policies as well as with
applicable zoning designation and regulations; 2) The proposed development occurs within city
limits on a project site of no more than five acres in size and substantially surrounded by urban
uses; 3) The project site has no value as a habitat for endangered, rare or threatened species;
4) Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality; and, 5) The site can be adequately served by all required utilities and
public services.
The project proposes acquisition of an existing motel for the purpose of converting the structure
into an interim homeless shelter. The acquisition and conversion will result in a negligible
expansion of the former use. No new construction is proposed, and improvements would be
limited to repair, maintenance, and minor alterations which are otherwise necessary to comply
with California Building Code. The project site is located on a one-acre parcel which is
surrounded by urban uses, and has no value as a habitat for endangered, rare or threatened
species. The project site is located adjacent to State Route 41 and is served by all necessary
utilities and public services. None of the exceptions to Categorical Exemptions set forth in the
CEQA Guidelines, Section 15300.2 apply to the project. Therefore, the proposed project is not
expected to have a significant effect on the environment. A Categorical Exemption, as noted
above, has been prepared for the project.
//
//
Date: April 5, 2023
Submitted by:
Chris Lang
Supervising Planner
City of Fresno
Planning & Development Dept.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-576 Agenda Date:4/20/2023 Agenda #:
1.-L.
REPORT TO THE CITY COUNCIL
FROM:JENNIFER CLARK, Director
Planning and Development Department
PHIL SKEI, Assistant Director
Planning and Development Department
BY:DYLAN MCCULLY, Senior Management Analyst
Homeless Services Division
SUBJECT
Actions pertaining to the State of California’s Homekey 3 Program and development of permanent
affordable housing at 6507 North Polk Avenue (506-130-04) (District 2):
1. ***RESOLUTION - Authorizing joint application to and participation in the State of California’s
Homekey 3 Program to sustain and rapidly expand housing for persons experiencing
homelessness or at risk of homelessness and authorizing the City Manager or designee to
sign all required implementing documents. (Subject to Mayor's Veto).
2. ***RESOLUTION - In support of future City Contribution of Funds for construction and
development expenses associated with the project in an amount not to exceed $2,800,000
upon full award of Homekey 3 funding for the ACTS Foundation project. (Subject to Mayor's
Veto).
RECOMMENDATION
Staff recommends Council approve the resolution authorizing joint application with ACTS Foundation
to the California Department of Housing and Community Development’s (HCD) Homekey 3 Program
to sustain and rapidly expand housing for persons experiencing or at risk of homelessness and
authorizing the City Manager to sign all required implementing documents; and approve the
resolution declaring a commitment for a future City contribution of funds for construction and
development expenses in an amount not to exceed $2,800,000, contingent upon full award of
Homekey 3 funding for the ACTS Foundation Project.
EXECUTIVE SUMMARY
HCD has announced the availability of approximately $736 million through the Homekey Round 3
Notice of Funding Availability. ACTS Foundation has proposed to apply jointly with the City as Co-
Applicants for up to $25,000,000 in financial assistance to develop permanent affordable housing for
families and individuals experiencing or at risk of homelessness. If approved, ACTS Foundation will
complete the application and administer the grant on behalf of the City.
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MK/TM 2-4
LC ABSENT
MA, GB, NE, AP VOTED NO
FAILED
File #:ID 23-576 Agenda Date:4/20/2023 Agenda #:
1.-L.
BACKGROUND
HCD has issued a Notice of Funding Availability, dated March 29, 2023, announcing the availability of
approximately $736 million of Homekey Program grant funding through Round 3. Homekey 3 builds
on the success of Project Roomkey, as well as the first two rounds of Homekey, to continue a
statewide effort to sustain and rapidly expand housing for persons experiencing homelessness or at
risk of homelessness, and who are, thereby, disproportionately impacted by and at risk for medical
diseases or conditions due to the COVID-19 pandemic and other communicable diseases.
Of the $736 million in available Homekey 3 funding, $435 million is derived from the Coronavirus
State Fiscal Recovery Fund (CSFRF) established by the federal American Rescue Plan Act of 2021
(ARPA) (Public Law 117-2) and $301 million is State General Fund. The $301 million in State General
Fund money is intended to supplement the acquisition of, and to provide initial operating subsidies
for, Homekey sites to promote project feasibility. Homekey 3 funding is available on a first-come, first-
served basis until July 28, 2023, or until the available funds are exhausted, whichever occurs first.
Projects receiving an award from the state's direct allocation of the federal ARPA must expend the
funds within eight months of the date of award. The portion of a project's award associated with State
General Fund must be expended by June 30, 2026.
ACTS Foundation has requested to apply jointly with the City for its proposed modular housing
development project of 6507 North Polk Avenue providing permanent affordable housing for families
and individuals experiencing or at risk of homelessness, including youth experiencing or at risk of
homelessness. As the eligible entity, the City would be the Lead Applicant with the understanding that
ACTS Foundation will complete the application and be the primary contact for HCD. ACTS
Foundation is a nonprofit organization aimed at providing food, supplies, and education to
underserved individuals in the city of Fresno. ACTS Foundation has partnered with EA Family
Services to develop the proposed Homekey project and serve as the onsite supportive services
provider. EA Family Services is a nonprofit corporation with over 30 years of experience in providing
mental health support, transitional housing and other supportive services to youth and adults
throughout Northern California and the Central Valley.
The proposed Homekey 3 project will provide 96 units of affordable housing for qualified households
who are experiencing or are at risk of homelessness. Approval of the resolutions will authorize
submission of the joint application to HCD and declare a future funding commitment. Staff intends to
return to council for authority to accept funding and to approve an MOU establishing the roles and
responsibilities of the parties in administering the grant. ACTS Foundation and EA Family Services
will provide matching contributions to the Project for development and ongoing funding for
operations.
ENVIRONMENTAL FINDINGS
This project is exempt under Sections 15301/Class 1 and 15332/Class 2 of the California
Environmental Quality Act (CEQA) Guidelines.
LOCAL PREFERENCE
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Local preference is not applicable because of state funding.
FISCAL IMPACT
There is no impact on the City’s General Fund as a result of these actions.
Attachments:
Attachment A - Resolution - Application to HCD Homekey 3
Attachment B - Resolution - City Contribution of Funds to Homekey 3 Project
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-584 Agenda Date:4/20/2023 Agenda #:
1.-M.
REPORT TO THE CITY COUNCIL
FROM:JENNIFER CLARK, Director
Planning & Development Department]
BY:PHIL SKEI, Assistant Director
Planning & Development Department
SUBJECT
Actions related to the acquisition of Clarion Pointe Motel, located at 4061 North Blackstone Avenue
(434-143-06) to facilitate an Interim Homeless Shelter (District 4):
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1 and
15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines
2. Approve the Purchase and Sale Agreement with Kush Hospitality Inc., a California Corporation
for $11,800,000
RECOMMENDATION
Staff recommends City Council adopt a finding of Categorical Exemption pursuant to Sections
15301/Class 1 and 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines,
approve the Purchase and Sale Agreement in the amount of $11,800,000, with Kush Hospitality Inc.
and authorize the City Manager, or her designee, to sign all necessary documents to complete the
transaction.
EXECUTIVE SUMMARY
Approval of the recommended actions will facilitate the acquisition of the 118-room Clarion Pointe
Motel for use as a homeless shelter and bridge housing site.
BACKGROUND
As part of the implementation of Phase 2 of Mayor Dyer’s Project Off-Ramp, an effort to end chronic
street homelessness, staff have negotiated the purchase of the Clarion Pointe Motel for use as a
homeless shelter and bridge housing site. This motel has been recently renovated and does not
require any rehabilitation prior to operation. As the community’s shelter bed capacity continues to be
fully utilized, and with an estimated 1,700 people still unsheltered, the need to expand shelter
offerings is clear. Further, plans are currently being developed to redevelop areas where City-owned
shelters are located which has the potential to reduce the community’s shelter bed capacity, making it
more urgent for the City to act now to have replacement shelter beds in place, and to provide these
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APPROVED ON CONSENT
File #:ID 23-584 Agenda Date:4/20/2023 Agenda #:
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beds in locations distributed throughout the city to best serve the community’s unsheltered residents.
An operator for this site will be identified from the City’s list of qualified operators and an agreement
will be brought to Council for consideration at a later date.
As of the writing of this Report, an appraisal of the Subject Property has been ordered from Jacob I.
Howard, MAI, of J. Hower and Associates. The completed appraisal of the Subject Property is
expected to be available for the April 20, 2023, Council Meeting.
The City Attorney has reviewed and approved the Purchase and Sale Agreements to form.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this Project and has determined it
falls within the Categorical Exemption set forth in CEQA Guidelines Sections 15301/Class 1 (existing
facilities) and 15332/Class 32 (in-fill development) which exempt projects involving a negligible or no
expansion of an existing facility, or are located in an area considered in-fill development. These
exemptions apply because this project involves the purchase of Clarion Pointe Motel without
expansion of the facility and it is located in an in-fill area. Staff determined under the CEQA
Guidelines this project fits within the definition of existing facilities in Section 15301/Class 1 and in-fill
in Section 15332/Class 32, as Categorically Exempt from further CEQA review. Staff has determined
that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section
15300.2 apply to this project.
LOCAL PREFERENCE
Local preference does not apply because the City acquisition of real property does not involve a bid
award of a construction or service contract.
FISCAL IMPACT
The State and Local Fiscal Recovery Funds for the acquisition were appropriated to the Planning and
Development Department as part of its fiscal year 2023 Budget.
Attachments:
-Categorical Exemption (Clarion Pointe)
-Agreement for Purchase and Sale (Clarion Pointe)
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CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. P23-01198
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
APPLICANT: Robert Scott Beyelia
Planning and Development Department
2600 Fresno Street, Third Floor
Fresno, CA 93721
PROJECT LOCATION: 4061 North Blackstone Avenue; Located on the west side of
North Blackstone Avenue between East Griffith Way and East
Ashlan Avenue (APN: 434-143-06)
PROJECT DESCRIPTION: The project proposes acquisition of real property to facilitate the
conversion of the existing motel into a homeless shelter.
This project is exempt under Sections 15301/Class 1 and 15332/Class 32 of the California
Environmental Quality Act (CEQA) Guidelines as follows:
Under Section 15301/Class 1, the proposed project is exempt from CEQA requirements when
the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of existing or former use. Under
Section 15332/Class 32, a project is exempt from CEQA requirements when characterized as
in-fill development, which consists of the following: 1) The project is consistent with the
applicable general plan designation and all applicable general plan policies as well as with
applicable zoning designation and regulations; 2) The proposed development occurs within city
limits on a project site of no more than five acres in size and substantially surrounded by urban
uses; 3) The project site has no value as a habitat for endangered, rare or threatened species;
4) Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality; and, 5) The site can be adequately served by all required utilities and
public services.
The project proposes acquisition of an existing motel for the purpose of converting the structure
into a homeless shelter. No new construction is proposed, and improvements would be limited
to repair, maintenance, and minor alterations which are otherwise necessary to comply with
California Building Code. The project site is located on a 2.7-acre parcel which is completely
surrounded by urban uses, and has no value as a habitat for endangered, rare or threatened
species. The project site is located along a major transit corridor and is served by all necessary
utilities and public services. None of the exceptions to Categorical Exemptions set forth in the
CEQA Guidelines, Section 15300.2 apply to the project. Therefore, the proposed project is not
expected to have a significant effect on the environment. A Categorical Exemption, as noted
above, has been prepared for the project.
//
//
Date: April 7, 2023
Submitted by:
Chris Lang
Supervising Planner
City of Fresno
Planning & Development Dept.
1 | P a g e
THIS EVSE PURCHASE, INSTALLATION AND SERVICE AGREEMENT (this “Agreement”), effective
as of the effective date (the “Effective Date”), by and among Zero Impact Solutions, Inc., a
California corporation, located at 3100 Airway Ave # 127 Costa Mesa CA 92626 (hereinafter
“ZIS”); Zero Impact Builders, Inc., a California corporation, located at 3100 Airway Ave # 127
Costa Mesa CA 92626 (hereinafter “ZIB, Contractor”); Kush Hospitality Inc, at 4061 N
BLACKSTONE AVE, FRESNO CA 93726 and KS Hospitality Inc at (hereinafter “Customer”), at
7177 N ELLENDALE AVE, FRESNO CA 93722. Accordingly, ZIS, Contractor, and Customer are each
a “Party” and/or collectively the “Parties” to this Agreement.
RECITALS
WHEREAS, ZIS is a company that is in the business of providing electrical equipment, including
but not limited to Electric Vehicle Supply Equipment as defined herein, as well as providing
Cloud Services, Warranties and Support
WHEREAS, ZIB is a Contractor with CSLB License Number 1068228 that performs certain
construction, building, and installation services as set forth in the Statement of Work defined
below.
WHEREAS, the Customer is the owner and/or operator of real property located at 4061 N
Blackstone Ave, FRESNO, CA 93726,
and 6730 N Blackstone Ave, FRESNO, CA 93710 and seeks to purchase Electric Vehicle Supply
Equipment and Electrical Equipment as described in the Agreement, and the Statement of
Work attached hereto, to be installed on Customer’s real property and serviced as described
herein.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set
forth herein and other good and valuable consideration, the receipt and sufficiency of such
consideration being hereby acknowledged by the parties to this Agreement, the parties hereby
agree as follows:
1. Definitions.
1.1. “Statement of Work” or “SOW” means the Scope of Work to be performed by
Contractor and the services, EVSE, and/or Electrical Equipment to be provided by ZIS .
1.2. Electric Vehicle Supply Equipment “EVSE” refers to the electric vehicle charging
hardware which are being provided, installed, and serviced, at the Installation Site.
1.3. “Electrical Equipment” is the transformer(s) and electrical panel(s); switches, breakers
and electrical components needed to enable the EVSE functioning, provided and
installed under the terms of this Agreement.
1.4. “Installation” refers to the Contractor’s actual labor and construction involved in
affixing the EVSE and the Electrical Equipment at the Installation Site and connecting it
to existing infrastructure and rendering functional according to the Statement of Work.
1.5. “Installation Site” refers to the physical location where the equipment and services
provided within this Agreement will be permanently installed as specified in the SOW.
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1.6. “EVSE Manufacturer Warranty” is the charging hardware manufacturer warranty whi ch
is issued for each charger and is assigned to Customer.
1.7. “EVSE Extended Service Plan” is the maintenance and servicing plan that extends for 5
years and offers added protection and support for EVSE and is included in the SOW
1.8. “Cloud Services” are a set of mandatory services provided remotely by ZIS through a
third-party licensed platform, which are required for the functioning of the EVSE.
1.9. “California Electric Vehicle Infrastructure Project (CALeVIP) Rebate” is the California
State rebate program offered to fund costs associated with herein EVSE initiative and
used to pay for customer costs incurred in this Agreement
1.10. “Reporting Rights” means the right to report and register the exclusive
ownership of the Environmental Attributes in compliance with federa l, state, or local
law, if applicable, and to a federal or state agency or any other party at the Buyer’s
discretion, and include without limitation those Reporting Rights accruing under
Section 1605(b) of the Energy Policy Act of 1992 and any present or f uture federal,
state, or local law, regulation or bill, and any voluntary, international, or foreign
emissions trading program.
1.11. “Environmental Attributes” means all aspects, claims, characteristics and
benefits associated with the generation of a quantity of electricity by a Generation
Facility, other than the energy produced, embodied in the Product REC pursuant to,
and in compliance with, the Applicable Standard, and includes all the environmental,
power source, and emission characteristics, credits, allowances, reductions, offsets, and
benefits associated with the generation of electricity from a Generation Facility and its
displacement of generation from non-renewable energy resources, and any avoided
emissions of carbon dioxide, methane, and other greenhouse gases, but does not
include, unless specifically required for compliance with the Applicable Standard (i) any
avoided emissions of nitrogen oxides (NOx) during enforcement seasons for states
participating in the Environmental Protection Agency’s NOx Budget Trading Program,
(ii) production tax credits and investment tax credits associated with the Generation
Facility, (iii) any liabilities, including adverse wildlife or environmental impacts or, (iv)
unless the Parties have expressly agreed otherwise, tradable emission allowances or
other entitlements to produce emissions issued by a governmental authority and
allocated to the Generation Facility on a basis other than actual generation of avoided
emissions associated with the generation of electricity by the Generation Facility.
1.12. “Effective Date” is the date of written customer Approval of the Statement of
Work to be completed once the Rebate Funds are approved by state program.
2. Installation.
2.1. ZIS agrees to furnish the EVSE and Electrical Equipment, which will be installed by
Contractor as described in the SOW in accordance with the specifications and
installation methodology set forth therein. In addition, Contractor shall be responsible
for the work specified in the drawings and specifications outlined in the SOW.
2.2. SOW Completion. ZIS and Contractor shall complete the Statement of Work within 60
(sixty) days of the Funds Approval email sent by the CALeVIP program administrators
and Customer shall spare no effort in facilitating that complet ion.
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2.3. Approvals, Certificates, Permits and Licenses. Contractor shall, with the reasonable
assistance of Customer, secure all design, engineering, construction and installation
and operating approvals, certificates and permits that may be required for the proper
execution and completion of the work.
2.4. Time of Performance. Unless otherwise provided in writing, Contractor agrees to install
the EVSE along with the Electrical Equipment in accordance with the dates set forth in
the SOW. Customer acknowledges that the rebates, as described in section 2.4 herein,
expire within twelve (12) months of their issuance. Therefore, Customer must provide
access to the Installation Site and allow Contractor to begin and finish work on the
Installation during such twelve (12) month period.
2.5. Rebate as Form of Payment. Customer agrees to authorize ZIS to apply and obtain a
California Electric Vehicle Infrastructure Project (CALeVIP) Rebate [F-00073 and F-
00074] on behalf of the Customer’s organization wherein ZIS and Contractor agree to
accept these Rebates(s) as a form of payment. Customer agrees to sign rebate form
sent upon rebate approval as Schedule B within 10 days of approval. The rebate
amount shall be deducted from the total amount of monies due under the Statement
of Work SOW.
2.6. Assignment of Rebate. In consideration for services contemplated under this
Agreement, and as further embodied in the SOW to be attached as Schedule A within
60 (Sixty) days of approval and reservation of the rebate amount, Customer hereby
assigns all right, title, interest, and benefit in the Rebate Applications, rebates,
discounts, credits, and any and all monies therefrom to ZIS. Accordingly, ZIS hereby
assumes all of Customer’s interests, rights, duties and obligations in the Rebate
Applications and processing therewith. In the event the Rebate Applications or rebates
therefrom are rejected, or partially unpaid for any reason whatsoever, the Customer
remains fully responsible and obligated to pay the entire balance due as set forth in the
SOW. If for any reason CALeVIP submits the rebates directly to Customer or in
Customer’s name alone, Customer will transfer and endorse any rebate payment to ZIS
within seven (7) days of receipt. If Customer is unable to sign over the Rebate Check to
ZIS within 7 days, Customer shall issue a check or payment to ZIS for the amount of the
rebate check. Customer shall provide all necessary documents and signatures as
necessary, to facilitate this assignment.
2.7. Equipment Title and Warranty. Title and warranty to the EVSE and Electrical
Equipment shall pass to Customer upon receipt of rebate payment by ZIS, unless the
rebate does not cover the full amount of the cost, in which case title and warranty shall
pass upon receipt of the full payment.
2.8. Changes in Specifications. Customer, by a writing signed by Customer and sent to ZIS
and/or Contractor, shall have the right at any time to make changes in the
specifications of any goods, materials, and/or services covered by this Agreement, or
the place of inspection, or acceptance. Upon receipt of any such notice, ZIS and/or
Contractor shall proceed promptly to make such changes in accordance with the terms
of such notice. Contractor shall deliver to Customer, within ten (10) days of receipt of
Customer's change notice, a statement showing the effect of any such change in the
cost of, and/or the time required for performance of this Agreement. Customer's
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failure to object to provisions contained in any communication from ZIS and/or
Contractor shall be deemed an acceptance of such provisions. ZIS and/or Contractor
has the right to make substitutions and modifications in the specifications of the
hardware sold, provided that such substitutions or modifications will not materially
affect overall product performance.
2.9. Excusable Delays. Neither party shall be liable for any failure or delay in performance
under this Agreement (other than for delay in the payment of money due and payable
hereunder) to the extent said failures or delays are proximately caused by causes
beyond that party's reasonable control and occurring without its fault or negligence.
Dates by which performance obligations are scheduled to be met will be extended for a
period of time equal to the time lost due to any delay so caused.
2.10. Subcontracts and Subcontractors. Contractor may hire or engage one or more
subcontractors to perform any or all its obligations under this Agreement and
respective SOW; provided, however, that Contractor shall in all cases remain primarily
responsible for all its obligations.
2.11. Insurance. Contractor shall not commence work under this Contract until it has
obtained all insurances required as hereinafter.
2.12. Meetings and Reports. Contractor, and relevant subcontractors if necessary and
if requested by Customer, shall schedule and attend regular progress meetings with
Customer for the purpose of reviewing progress of the work.
2.13. Software and Proprietary Rights. All software supplied is proprietary to ZIS
and/or its licensors. Use of the software is subject to the terms of the applicable end
user agreement.
2.14. Limitation of Liability. Neither ZIS, Contractor, nor its suppliers will be liable for
any loss, damages or penalties resulting from delay in delivery when such delay is due
to causes beyond the reasonable control of ZIS and/or Contractor, including but not
limited to supplier delay, force majeure, act of God, labor unrest, fire, explosion or
earthquake. In any such event, the delivery date will be deemed extended for a period
equal to the delay. ZIS, CONTRACTOR, AND ITS SUPPLIERS’ LIABILITY ARISING OUT OF
OR RELATED TO THIS AGREEMENT AND/OR SALE WILL BE LIMITED TO THE REFUND OF
THE HARDWARE PURCHASE PRICE. IN NO EVENT WILL ZIS, CONTRACTOR, OR ITS
SUPPLIERS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE HARDWARE BY
CUSTOMER OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT
DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) WHETHER OR NOT ZIS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THIS EXCLUSION
INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST
CUSTOMER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
3. Cloud Services. Customer hereby grants ZIS and any third- party platforms that ZIS is
licensing the right to operate one or more EVSE units on each Installation Site referenced in
the SOW during the term of this Agreement.
4. Environmental Attributes. The Customer agrees to transfer and allocate, without
limitation, any and all Reporting Rights to ZIS with respect to obtaining and securing
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Environmental Attributes. Accordingly, all Environmental Attributes shall remain the sole
property of ZIS. These Environmental Attributes are hereinafter referred to as “Activity
Credits” and include without limitation, renewable identification numbers under the federal
Renewable Fuel Standard, greenhouse gas emission reduction credits and allowances
(whether direct or indirect), emission units or attributes, renewable energy attributes,
renewable energy certificates or RECs, “green tags,” other environmental attributes, and
include other incentives that arise whether such attributes are identified by federal, state or
local law, by voluntary or other exchanges or registries. The Parties agree to the following
terms regarding Activity Credits:
4.1. Customer transfers all Activity Credits to ZIS;
4.2. Customer agrees that Customer will not register any Activity Credit with a ny federal,
state, local or other registry or exchange;
4.3. ZIS is authorized to use, trade, or sell Activity Credits for its sole benefit;
4.4. Customer shall reasonably cooperate by assisting ZIS in obtaining the value of any
Activity Credits that are available;
4.5. In the event that the program rules or regulations authorizing Activity Credits require
direct Customer participation in the relevant market, Customer shall participate as
necessary and ZIS shall provide assistance to the full degree authorized by the rules and
regulation;
4.6. Net revenue generated from Activity Credits will be solely the property of ZIS.
Moreover, ZIS will cover all costs to generate Activity Credits; and
4.7. ZIS shall not be entitled to generate any Activity Credits in contravention of th e Fuel
Program(s).
5. Representations and Warranties
5.1. Each Party represents and warrants that it has full power and authority to enter into
and perform this Agreement and that the person signing this Agreement on its behalf
has been properly authorized to enter this Agreement.
5.2. ZIS and Contractor represent and warrant that:
5.2.1. The performance of its obligations and delivery of the services to Customer and
end users will not violate any applicable laws or regulations;
5.2.2. It has sufficient right and authority to grant to Customer all rights that ZIS and/or
Contractor grant under this Agreement;
5.2.3. It will perform the services in a professional and workmanlike manner consistent
with industry standards reasonably applicable to the performance thereof; and
5.2.4. It will comply at all times with all applicable laws and regulations related to the
provision of the services.
5.3. Customer acknowledges that ZIS is not a contractor, and that all work to be performed
with respect to any construction, building, and installation of the EVSE an d Electrical
Equipment, as described herein and the SOW attached hereto, will be performed by
Contractor. ZIS DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AS TO
THE CONTRACTOR’S MATERIALS, SERVICES, AND WORKMANSHIP PROVIDED BY THE
CONTRACTOR AS PER THIS AGREEMENT AND THE SOW ATTACHED HERETO.
CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY EXPRESS OR IMPLIED
WARRANTIES FROM ZIS AS TO CONTRACTOR’S MATERIALS, SERVICES, AND
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WORKMANSHIP PROVIDED BY THE CONTRACTOR AS PER THIS AGREEMENT AND THE
SOW ATTACHED HERETO.
5.4. FURTHERMORE, CONTRACTOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED
WARRANTIES AS TO ZIS’S SERVICES, EVSE, AND/OR ELECTRICAL EQUIPMENT PROVIDED
BY ZIS AS PER THIS AGREEMENT AND SOW. CUSTOMER ACKNOWLEDGES THAT IT HAS
NOT RELIED ON ANY EXPRESS OR IMPLIED WARRANTIES FROM CONTRACTOR AS TO
THE SERVICES, EVSE, AND/OR ELECTRICAL EQUIPMENT PROVIDED BY ZIS PER THIS
AGREEMENT AND SOW.
5.5. EXCEPT FOR ANY WARRANTY SPECIFICALLY IDENTIFIED AS AN EXPRESS WARRANTY IN
THIS AGREEMENT, ZIS AND CONTRACTOR MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, BY STATUTE OR OTHERWISE, WITH RESPECT TO ANY SERVICES, PRODUCTS,
TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS OR INFORMATION PROVIDED,
WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN
THE TRADE OR PROFESSION OR OTHERWISE, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT
FOR ANY WARRANTY SPECIFICALLY IDENTIFIED AS AN EXPRESS WARRANTY, CUSTOMER
ACKNOWLEDGES AND AGREES THAT IT HAS RELIED ON NO OTHER REPRESENTATIONS
OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE
FORMED THE BASIS OF ITS BARGAIN HEREUNDER.
6. Confidentiality. Each Party acknowledges that it will have access to certain confidential
information of the other Party concerning the other Party’s business, plans, technology, and
products, and other information held in confidence by the other Party (“Confidential
Information”). Confidential Information will include all information whether in tangible or
intangible form, whether or not marked or designated as confidential. Each Party agrees
that it will not use in any way, for its own account or the accou nt of any third party, except
as expressly permitted by, or required to achieve the purposes of, this Agreement, nor
disclose to any third party any of the other Party’s Confidential Information and will take
reasonable precautions to protect the confident iality of such information, at least as
stringent as it takes to protect its own Confidential Information.
6.1. Exceptions: Information will not be deemed Confidential Information hereunder if such
information:
6.1.1. Is known to the receiving Party prior to receipt from the disclosing Party directly
or indirectly from a source other than one having an obligation of confidentiality to
the disclosing Party;
6.1.2. Becomes known (independently of disclosure by the disclosing Party) to the
receiving Party directly or indirectly from a source other than one having an
obligation of confidentiality to the disclosing Party;
6.1.3. Becomes publicly known or otherwise ceases to be secret or confidential, except
through a breach of this Agreement by the receiving Party;
6.1.4. Or is independently developed by the receiving Party without the use of
Confidential Information received from the disclosing Party.
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7. Trademarks. Subject to the terms and conditions of this agreement, Customer grants ZIS
and Contractor a non-exclusive, non-transferable license for the term of this agreement to
use its name in ZIS’s or Contractor's marketing of services.
8. Default; Remedies: ZIS and/or Contractor may terminate this Agreement at any time due to
Customer’s breach of this Agreement without further recourse to Customer. The
occurrence of any one or more of the following events of default constitutes a breach of
this Agreement by Customer:
8.1. If Customer defaults in the payment of any amounts due and such default continues
after Contractor has given Customer notice
8.2. Any Party may terminate immediately if ZIS and/or Contractor estimates the total cost
of everything contemplated under this Agreement is higher than the rebate amount.
8.3. If Customer, whether by action or inaction, is in default of any of its obligations under
this Agreement (other than a default in the payment of any amounts due) and such
default continues and is not remedied within 30 days after ZIS or Contractor has given
Customer a notice specifying the same, or, in the case of a default th at can be cured
but not within a period of 30 days, if Customer has not (1) commenced curing such
default within such 30-day period, (2) notified ZIS or Contractor of the Customer’s
intention to cure the default, or (3) continuously and diligently complete d the cure of
the default.
8.4. If ZIS and/or Contractor, whether by action or inaction, is in default of any of its
obligations under this Agreement, Contractor shall have the same right to notice and an
opportunity to cure the default as Customer does in Section 8.3.
9. Arbitration. Any dispute arising out of or relating to this Agreement must be resolved by
arbitration administered by the American Arbitration Association under its Commercial
Arbitration Rules. The award shall be final and binding on the parties and may be entered
and enforced in any court having jurisdiction. The arbitration shall be held in English and the
place of arbitration shall be California. There shall be one arbitrator agreed to by the parties
within twenty (20) days of receipt by respondent of the request for arbitration or in default
thereof appointed by the American Arbitration Association.
10. Miscellaneous.
10.1. Notices and Demands. All notices, demands, consents, approvals and other
communications which are required or desired to be given by any party to another
hereunder will be through email and/or USPS certified mail:
ZIS / ZIB Customer
Address 3100 Airway Ave #127 4061 N BLACKSTONE AVE
City, State, Zip code Costa Mesa, CA 92626 FRESNO CA 93726
Responsible Person Spiro Azkoul Nick Patel
Email clients@zi.solutions nick@holidaymanagementinc.com
Phone Number 818-877-77871 559-213-7189
10.2. Prior Agreements. This document is the entire, final and complete agreement of
the Parties pertaining to the subject matter of this Agreement and supersedes and
replaces all written and oral agreements heretofore made or existing by and between
the Parties or their agents concerning this subject.
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10.3. Applicable Law and Severance. This Agreement shall be construed in accordance
with and governed by the laws of the State of California, without regard to the
principles of conflicts of law. If any clause or provision of this Agreement is determined
by law to be illegal, invalid or unenforceable under present or future laws, it is the
intention of the parties that the remainder of this Agreement will not be affected
thereby.
10.4. Waiver. The failure of any party at any time to require performance of this
Agreement, will in no way affect his right hereunder to enforce the same, nor will any
waiver of any succeeding breach of such provision, act as a waiver of the provision
itself.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth
above.
ZERO IMPACT SOLUTIONS,
a California corporation
By:
Spiro Azkoul
Its: Chief Executive Officer
ZERO IMPACT BUILDERS,
a California corporation
By:
Spiro Azkoul
Its: Chief Executive Officer
CUSTOMER,
a California corporation
By:
Nick Patel
Its: Representative
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3/29/2022
3/29/2022
3/29/2022
DATEREVISION / ISSUEDRAWING TITLE:TITLE SHEETSHEET NO.:13100 AIRWAY AVE. #127COSTA MESA, CA 92626KUSH HOSPITALITY INC EV CHARGER DEPLOYMENT SCOPE OF WORKKnow what's below.Call before you dig.4061 N BLACKSTONE AVE.FRESNO, CA 93726DRAWN: J.A.S.CHECKED: S.A.PROJECT: [F-00073] Kush Hospitality IncDATE: 7/25/2022PHASE:SCALE: AS INDICATEDPROJECT DATAPROJECT ADDRESS:OWNER'S ADDRESS:ASSESSOR'S PARCEL NO.:4061 N Blackstone Ave.Fresno, CA 937264061 N Blackstone Ave.Fresno, CA 93726434143061ST SUBMISSIONAPPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 10/28/2022P22-04211A-1STEVENEMDigitally signed by STEVENEMDN: E=Steven.Martinez@fresno.gov, CN=STEVENEM, OU=Users, OU=PlanDev, OU=Departments, DC=fresno, DC=govReason: I am approving this documentDate: 2022.10.28 15:30:58-07'00'
DATEREVISION / ISSUEDRAWING TITLE:NOTESSHEET NO.:23100 AIRWAY AVE. #127COSTA MESA, CA 92626Know what's below.Call before you dig.DRAWN: J.A.S.CHECKED: S.A.PROJECT: [F-00073] Kush Hospitality IncDATE: 7/25/2022PHASE:SCALE: AS INDICATEDPROJECT DATAPROJECT ADDRESS:OWNER'S ADDRESS:ASSESSOR'S PARCEL NO.:4061 N Blackstone Ave.Fresno, CA 937264061 N Blackstone Ave.Fresno, CA 93726434143061ST SUBMISSION’X“APPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 10/28/2022P22-04211A-2STEVENEMDigitally signed by STEVENEMDN: E=Steven.Martinez@fresno.gov, CN=STEVENEM, OU=Users, OU=PlanDev, OU=Departments, DC=fresno, DC=govReason: I am approving this documentDate: 2022.10.28 15:31:11-07'00'
27Keynotes areapplied to all Level 3Electrical vehicleChargers356AT GRADE4FF
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F
FF409'-8"EVCHARGINGONLYNOPARKING12" White LetteringSpacing 36" O.C.EVCHARGINGONLY10' Min5' Min12' Min18' MinVan Accessible3'-0"3'-0"10' Min10' MinEVCHARGINGONLYEVCHARGINGONLY3'-0"3'-0"4' Min1ADA COMPLIANTPATH OFTRAVEL25' Min10' Min10' Min10' Min6' Tall ChainlinkFence withShrubbery3'-0"3'-0"(N) 400ASWITCHGEAR27Keynotes areapplied to all Level 3Electrical vehicleChargers356AT GRADE4N Blackstone Ave.(e) Utility TransformerN Blackstone Ave.FF
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FF GATE409'-8"112'-0"157'-11"567'-5"164'-10"4' MinEVCHARGINGONLYNOPARKING12" White LetteringSpacing 36" O.C.EVCHARGINGONLY10' Min5' Min12' Min18' MinVan Accessible3'-0"3'-0"10' Min10' MinEVCHARGINGONLYEVCHARGINGONLY3'-0"3'-0"4' Min1ADA COMPLIANTPATH OFTRAVEL25' Min10' Min10' Min10' Min6' Tall ChainlinkFence withShrubbery3'-0"3'-0"(N) 400ASWITCHGEAR27Keynotes areapplied to all Level 3Electrical vehicleChargers356AT GRADE4FF
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FF409'-8"EVCHARGINGONLYNOPARKING12" White LetteringSpacing 36" O.C.EVCHARGINGONLY10' Min5' Min12' Min18' MinVan Accessible3'-0"3'-0"10' Min10' MinEVCHARGINGONLYEVCHARGINGONLY3'-0"3'-0"4' Min1ADA COMPLIANTPATH OFTRAVEL25' Min10' Min10' Min10' Min6' Tall ChainlinkFence withShrubbery3'-0"3'-0"(N) 400ASWITCHGEAR7AT GRAD4FF
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F
FFEVCHARGINGONLYNOPARKINGINGY10' Min5' Min1218' Min3'-0"3'-0"ADA COMPLIANTPATH OF6 Tall ChainlinkFence withShrubbery3'-0"3'-0"(N) 400ASWITCHGEARREVISION / ISSUEDRAWING TITLE: SITE PLANSHEET NO.:33100 AIRWAY AVE. #127COSTA MESA, CA 92626(N)(4) LEVEL 3 CHARGERS SERVING A TOTAL OF (4) PARKING SPOTS.(3) STANDARD SPOTS(1) VAN ACCESSIBLE ADA SPOT COMPLY WITH 11B-812123KEY NOTESADA STALLS SHALL HAVE GREEN STRIPING, BLUE I.S.A. SIGN ANDTHE LETTERS "EV CHARGING ONLY" IN GREEN.THE ACCESS AISLE SHALL HAVE A GREEN BORDER WITH GREENSTRIPES.STANDARD STALLS SHALL HAVE GREEN STRIPING WITH THELETTERS "EV CHARGING ONLY" IN GREEN.400 AMP SWITCHGEAR TO HAVE 6 FEET TALL TREX FENCE ORCHAINLINK FENCE FULLY COVERED WITH FAUX SHUBBERYKnow what's below.Call before you dig.DATEPARKING WHEEL-STOP.BOLLARDS TO PROTECT THE EQUIPMENT FROM PHYSICAL DAMAGE (MIN.).4TRENCH FROM CHARGERS TO SWITCHGEAR PANELTRENCH FROM UTILITY TRANSFORMER TO SWITCHGEAR PANEL56IDENTIFICATION SIGN. PLEASE REFER TO PAGE 3 FOR DETAILS.SITE PLANSCALE: 1" = 60'-0"(D1) SITE PLAN / SCOPE OF WORKSCALE: 3/32" = 1'-0"(D3) SITE PLAN /ACCESSIBLE PARKING FOR LEVEL 3 CHARGERSSCALE: 3/32" = 1'-0"D1D3D2DRAWN: J.A.S.CHECKED: S.A.PROJECT: [F-00073] Kush Hospitality IncDATE: 7/25/2022PHASE:SCALE: AS INDICATEDPROJECT DATAPROJECT ADDRESS:OWNER'S ADDRESS:ASSESSOR'S PARCEL NO.:4061 N Blackstone Ave.Fresno, CA 937264061 N Blackstone Ave.Fresno, CA 93726434143061ST SUBMISSION7(D2) SITE PLAN / ELECTRICAL EQUIPMENTSCALE: 3/16" = 1'-0"ADA COMPLIANT CLEAR FLOOR SPACE DIMENSION (30" x 48")APPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 10/28/2022P22-04211A-3STEVENEMDigitally signed by STEVENEMDN: E=Steven.Martinez@fresno.gov, CN=STEVENEM, OU=Users, OU=PlanDev, OU=Departments, DC=fresno, DC=govReason: I am approving this documentDate: 2022.10.28 15:31:22-07'00'
ALL EV CHARGING STATIONS SHALL BE IDENTIFIEDBY SIGNAGE. THE SYMBOL OF EV CHARGINGEQUIPMENT AND LETTERS “ELECTRIC VEHICLECHARGING STATION” SHALL BE IN GREEN ONWHITE BACKGROUND. A GREEN BORDER SHALLENCOMPASS THE WHITE BACKGROUND.ALL VAN ACCESSIBLE EV CHARGING STATIONS SHALL BE IDENTIFIED. THE INTERNATIONAL SYMBOLOF ACCESSIBILITY AND LETTERS “VAN ACCESSIBLE” SHALL BE IN GREEN ON WHITE BACKGROUND.THE ACCESSIBLE SIGN SHALL BE LOCATED 60 INCHES ABOVE FINISHED FLOOR, MEASURED TO THEBOTTOM OF THE SIGN, OR 80 INCHES ABOVE FINISHED FLOOR TO THE BOTTOM OF THE SIGN WHENLOCATED WITHIN ACCESSIBLE ROUTE.BOLLARD INSTALLATION DETAIL3'3'2'1'2"4"DIACONC. CAP4" STEEL PIPE FILLED W/ COMCRETE(APPLY TWO COATS YELLOW PAINT)MIN 0.188 WALL THKSLOPE CONC. BASEA.C. PAVING OR CONC. PER PAVING PLANCONC. FOOTINGTRUNCATED DOME DETAILADA FORWARD & SIDE REACH LIMITSNOPARKINGGREEN BORDER2 % MAXSURFACE SLOPEIN ANY DIRECTIONHATCHED LINES AT36" ON CENTER.MAX.WHITELETTERINGMIN 12" HIGHACCESS AISLEEV IDENTIFICATION SIGNBOLT DETAIL0.65 min16.51.6 - 2.441 - 611.6 - 2.441 - 610.25.10.9 - 1.423 - 3650% - 65%base diameter(a) Plan(b) Elevation (Enlarged)ANCHOR DIAMETER: 1/2"ANCHOR LENGTH: 8"REQUIRED DRILL HOLE SIZE: 1/2"COLOR FAMILY: SILVERFASTENER PLATING: HOT GALVANIZEDCONNECTOR MATERIAL: STEELDIAMETER (dh)ANCHOR LENGTH ()EMBEDMENT (hef)HOLE DEPTH (h0)THREAD LENGTH (FASTENING THICKNESS (t)HOLE DIA. (da)ELECTRICVEHICLECHARGINGSTATIONVANACCESSIBLEEVCHARGINGONLYEVCHARGINGONLYMINIMUMFINE $250PARKINGONLYELECTRICVEHICLECHARGINGSTATIONASPHALT/CONCRETE SURFACEACCESSIBLE STALL DETAIL)DATE REVISION / ISSUEDRAWING TITLE:EQUIPMENT LOCATION & DETAILSSHEET NO.:43100 AIRWAY AVE. #127COSTA MESA, CA 92626Know what's below.Call before you dig.DRAWN: J.A.S.CHECKED: S.A.PROJECT: [F-00073] Kush Hospitality IncDATE: 7/25/2022PHASE:SCALE: AS INDICATEDPROJECT DATAPROJECT ADDRESS:OWNER'S ADDRESS:ASSESSOR'S PARCEL NO.:4061 N Blackstone Ave.Fresno, CA 937264061 N Blackstone Ave.Fresno, CA 93726434143061ST SUBMISSIONAPPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 10/28/2022P22-04211A-4STEVENEMDigitally signed by STEVENEMDN: E=Steven.Martinez@fresno.gov, CN=STEVENEM, OU=Users, OU=PlanDev, OU=Departments, DC=fresno, DC=govReason: I am approving this documentDate: 2022.10.28 15:31:36-07'00'
TRENCHING DETAIL1. ALL CONDUIT TRENCHING, EXCAVATION, REMOVING SPILL SOIL,BACKFILLING, COMPACTION, GRINDING, AND PAVEMENT SHALLBE COMPLETED PER CITY OF FRESNO PUBLIC WORKDEPARTMENT.2. MINIMUM SEPARATIONS SHOWN BETWEEN CONCURRENTLYINSTALLED FACILITIES ARE PER G.O.128, RULES 31.4-B2, 41.4-A2AND 41.4-B2, AND AS SHOWN IN WORK ORDER DRAWINGS3. ELECTRIC CONDUITS REQUIRE 12" MIN. RADIAL SEPARATIONWHEN PARALLELING OTHER UTILITIES. ALL CONDUITS TO BECONCRETE ENCASED REQUIRE THE USE OF SPACERS.4. TRENCH BOTTOM SHALL HAVE 90% COMPACTION AND BE OFUNDISTURBED EARTH5. ELECTRICAL CONDUITS SHALL BE PLACED 3" MIN FROM TRENCHWALLS6. SHADE TOP OF ENCASEMENT WITH 3" OF SELECT BACKFILL7. 60 INCH MAXIMUM TRENCH DEPTH ALLOWED8. FIELD CONDITIONS MAY REQUIRE ALTERNATETELECOMMUNICATION LOCATION1. MAXIMUM OF 2% SLOPE FREE AND CLEAR OF BUILDINGS,BUSHES, TREES, PLANTS, SIDEWALKS, AND CURBS.2. 8 FEET OF CLEARANCE, CAN NOT BE IN A PARKING STALL. THISDISTANCE HAS TO ALWAYS BE CLEAR (CALIFORNIA CODE OFREGULATIONS, TITLE 8).3. SWITCHGEAR REQUIRES 8 FEET OF CLEARANCE ON BOTH SIDESOF THE SWITCH (CALIFORNIA CODE OF REGULATIONS, TITLE 8).4. NO CARPORTS ARE ALLOWED OVER ANY EQUIPMENT.5. SUITABLE SPACE SHALL BE PROVIDED AND MAINTAINED ABOUTELECTRICAL EQUIPMENT TO PERMIT READY AND SAFEOPERATION AND MAINTENANCE. THE WORKSPACE SHALL BEADEQUATE TO PERMIT A 90 DEGREE OPENING OF DOORS ORHINGED PANELS, AND BOLLARDS WILL BE PLACED FOR ITSPROTECTION.6. A MINIMUM VERTICAL CLEARANCE OF 14’ SHALL BE MAINTAINEDFROM THE STREET TO THE EQUIPMENT PAD.7. EQUIPMENT PADS SHALL BE PLACED AT LEAST 10' RADIALLYFROM ALL FIRE ESCAPES, DOORS (INCLUDING GARAGE DOORS,WINDOWS, AIR INTAKES OR AIR EXHAUST VENTS.LVL 3 EVCS (PAD DETAIL)48"MIN.60"MIN.6"#5 REBAR, 10" SPACESBETWEEN REBAR#5 REBAR, 12" SPACESBETWEEN REBARSWITCHGEAR (PAD DETAIL)1. F'C = 3000 PSI MIN. AT ANCHOR BOLT INSTALLATION.2. USE HIGH EARLY STRENGTH CONCRETE MIX FORINSTALLATION.3. INSTALLATION OF EQUIPMENTS SHALL NOT OCCUR BEFORE 24HOURS OF CURING.4. WATER ADDED TO THE CONCRETE MIX SHALL BE PERMANUFACTURER'S REQUIREMENTS, AND SHALL BE FREE OFMINERALS AND SALTS OR OTHER IMPURITIES THAT MAYHINDER CONCRETE STRENGTH OR DURABILITY.5. NO COLD JOINTS PERMITTED6. CURING SHALL BE PER MANUFACTURER'SRECOMMENDATIONS7. PROVIDE A MINIMUM OF 3" CONCRETE COVER TO STEELREINFORCEMENT IN ALL DIRECTIONS.8. THE LISTED REQUIREMENTS ABOVE ARE NOTCOMPREHENSIVE. STANDARD OF CARE AND MANUFACTURERSRECOMMENDATIONS SHALL BE MAINTAINED AT ALL TIMES.STEEL REINFORCEMENT: 1. USE GRADE 60 STEEL, MIN.2. STEEL REBAR REINFORCEMENT SHALL BE BRUSHED CLEAN ANDPROPERLY PREPARED PRIOR TO INSTALLATION AND SHALL BEFREE OF RUST.800 A SWITCHGEAR (ELEVATION/ANCHOR EMBEDMENT)SWITCHGEAR (CONNECTION TO UTILITY)BOLT SPACING66"MIN.100"MIN.8"#5 REBAR, 12" SPACESBETWEEN REBAR#5 REBAR, 12" SPACESBETWEEN REBAR3"3"1 121 123"12" MINDATA CONDUIT(SC)SECONDARY CONDUIT24" MIN6"3"SPACERS TO PREVENT FLOATING90% COMPACTION BACKFILL MATERIALCONCRETE ENCASEMENTFINISH GRADE24"12" MINFINISH GRADE TO BE REPLACEDEasmentCAUTIONARY TAPE12"12"UNDISTURBED SOIL90% COMPACTION BACKFILL MATERIALTRANSFORMERSWITCH GEARFINISH GRADE8" CONCRETE PAD8" CONCRETE PAD24"36"90 DEGREE SWEEPS4 EMPTY CONDUITS1" ABOVE CONCRETE PAD90 DEGREE SWEEPS4 EMPTY CONDUITSHIGH VOLTAGELOW VOLTAGE3' MINGROUND PER NEC ARTICLE 250TYPICAL BOLTDOWNHOLE PROVISION FORCUBICLE BOTTOM EACHSECTIONHOLE DIAMETER: 12"4.564.564.564.562.192.198"6 78"CUBIBLE DEPTH(NORMAL)SEE PLAN VIEW90"91"90"CONSTRUCTION :SWITCHBOARD IS BUILT AND LABELED PER UL 891 IN EFFECINCOMING :AMPERES: 400SERVICE :SYSTEM VOLTAGE: 277/480 3Ø4W Wye ACINTERRUPTING :THE SHORT CIRCUIT INTERRUPTING CAPABILITY IS 65,000ENCLOSURE :ENCLOSURE IS TYPE NEMA 3R FOR OUTDOOR APPLICATION.SEISMIC :ENCLOSURE SHALL BE CONSTRUCTED TO MEET SEISMIC REQUIREMEXTERIOR :ANSI 61 LIGHT GREY PAINT.UTILITY : PG&ENAMEPLATE :NAMEPLATES ATTACHED WITH ADHESIVE & STUDS.SIEMENS 400A SWITCHGEAR WEIGHT: 1060 LBSCONCRETE SPECSDATE REVISION / ISSUEDRAWING TITLE:EQUIPMENT DETAILSSHEET NO.:53100 AIRWAY AVE. #127COSTA MESA, CA 92626Know what's below.Call before you dig.DRAWN: J.A.S.CHECKED: S.A.PROJECT: [F-00073] Kush Hospitality IncDATE: 7/25/2022PHASE:SCALE: AS INDICATEDPROJECT DATAPROJECT ADDRESS:OWNER'S ADDRESS:ASSESSOR'S PARCEL NO.:4061 N Blackstone Ave.Fresno, CA 937264061 N Blackstone Ave.Fresno, CA 93726434143061ST SUBMISSIONAPPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 10/28/2022P22-04211A-5STEVENEMDigitally signed by STEVENEMDN: E=Steven.Martinez@fresno.gov, CN=STEVENEM, OU=Users, OU=PlanDev, OU=Departments, DC=fresno, DC=govReason: I am approving this documentDate: 2022.10.28 15:31:48-07'00'
DATEREVISION / ISSUEDRAWING TITLE: SINGLE LINE DIAGRAM & LOAD SCHADULESHEET NO.:63100 AIRWAY AVE. #127COSTA MESA, CA 92626Know what's below.Call before you dig.DRAWN: J.A.S.CHECKED: S.A.PROJECT: [F-00073] Kush Hospitality IncDATE: 7/25/2022PHASE:SCALE: AS INDICATEDPROJECT DATAPROJECT ADDRESS:OWNER'S ADDRESS:ASSESSOR'S PARCEL NO.:4061 N Blackstone Ave.Fresno, CA 937264061 N Blackstone Ave.Fresno, CA 93726434143061ST SUBMISSIONAPPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________ APPROVED BY_______________________ DATE_________ CITY OF FRESNO DARM DEPT 10/28/2022P22-04211A-6STEVENEMDigitally signed by STEVENEMDN: E=Steven.Martinez@fresno.gov, CN=STEVENEM, OU=Users, OU=PlanDev, OU=Departments, DC=fresno, DC=govReason: I am approving this documentDate: 2022.10.28 15:32:03-07'00'
DATEREVISION / ISSUEDRAWING TITLE:SPEC SHEETSHEET NO.:73100 AIRWAY AVE. #127COSTA MESA, CA 92626Know what's below.Call before you dig.DRAWN: J.A.S.CHECKED: S.A.PROJECT: [F-00073] Kush Hospitality IncDATE: 7/25/2022PHASE:SCALE: AS INDICATEDPROJECT DATAPROJECT ADDRESS:OWNER'S ADDRESS:ASSESSOR'S PARCEL NO.:4061 N Blackstone Ave.Fresno, CA 937264061 N Blackstone Ave.Fresno, CA 93726434143061ST SUBMISSIONAPPL. NO.____________EXHIBIT_________DATE________ PLANNING REVIEW BY_________________DATE_________ TRAFFIC ENG.________________________DATE_________APPROVED BY_______________________ DATE_________CITY OF FRESNO DARM DEPT10/28/2022P22-04211A-7STEVENEMDigitally signed by STEVENEMDN: E=Steven.Martinez@fresno.gov, CN=STEVENEM, OU=Users, OU=PlanDev, OU=Departments, DC=fresno, DC=govReason: I am approving this documentDate: 2022.10.28 15:32:17-07'00'
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-415 Agenda Date:4/20/2023 Agenda #:
1.-N.
REPORT TO THE CITY COUNCIL
FROM:BROCK D. BUCHE, PE, PLS, Director
Department of Public Utilities
BY:JESUS A. GONZALEZ, PE, Assistant Director
Department of Public Utilities - Utilities Planning & Engineering
SARAH AGUILA, Supervising Engineering Technician
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Award a consultant services agreement to AM Consulting Engineers, Inc., to provide engineering
services for the 2-Water Booster Pump Station Redundancy Improvements at the Regional
Wastewater Reclamation Facility for an amount not to exceed $187,590, inclusive of a $18,000
contingency (Bid File 12300511-1) (Council District 3)
RECOMMENDATION
Staff recommends that City Council award a consultant services agreement to AM Consulting
Engineers, Inc., in the amount not to exceed $187,590, inclusive of a $18,000 contingency, to provide
design, bidding, and construction support services for the 2-Water Booster Pump Station
Redundancy Improvements at the Regional Wastewater Reclamation Facility (Project); and authorize
the Director of Public Utilities, or designee, to sign the agreement on behalf of the City of Fresno
(City).
EXECUTIVE SUMMARY
The Regional Wastewater Reclamation Facility (Facility) relies on untreated non-potable water (2-
water) production and conveyance for the functionality of critical equipment. After a competitive
consultant selection process, the Department of Public Utilities, Wastewater Management Division, is
seeking to award a consultant services agreement (Agreement) for the Project to evaluate the
existing 2-water pump station, design a redundant system, and provide bidding and construction
support services for the Project, for an amount not to exceed $187,590, inclusive of an $18,000
contingency.
BACKGROUND
The 2-water booster pump station is a critical system at the Facility as it provides water to the
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The 2-water booster pump station is a critical system at the Facility as it provides water to the
mechanical pumps,raw sewage pumps and heat exchangers and serves as a large source of non-
potable cleaning water.When the 2-water booster pumps are out of service,the Facility’s operations
are susceptible to interruption and reliant equipment are susceptible to permanent damage.A
redundant system to the current 2-water booster pump station would allow for continuous operations
as well as allow staff to perform more regular routine service and maintenance of 2-water booster
pump station components,thereby extending their useful life.This Project will evaluate the existing 2-
water pump station,perform a hydraulic analysis downstream of the booster pumps,propose various
configurations for a redundant system,and result in the design documents necessary for bidding and
construction.
In accordance with Fresno Municipal Code Chapter 4,Article 1,and Administrative Order 6-19 (AO 6-
19),the Department of Public Utilities conducted a competitive process to select a consultant to
provide design services for the Project.A Request for Qualifications (RFQ)was published in the
Business Journal and posted on Planet Bids on October 21,2022.On November 18,the City
received two Statement of Qualifications (SOQ)packages from prospective consultants.Pursuant to
AO 6-19,the RFQ required the consultants to provide detailed information regarding the experience
of the firm and proposed team along with additional project related scope items necessary to perform
the requested services.Upon review of the received SOQs and based upon established criteria and
the proposed fee,AM Consulting Engineers,Inc.,was selected as the firm providing the best value
for the requested services.The services rendered under this Agreement will be completed for an
amount not to exceed $187,590,inclusive of an $18,000 contingency,paid on a time and materials
basis.The funding for this Project is included in the Fiscal Year 2023 capital improvement budget
within the Wastewater Management Division’s Sewer Enterprise Fund 40501.
A standardized Agreement has been used in accordance with Administrative Order 4-4,and the
consultant’s Certificates of Insurance have been approved by the City’s Risk Management Division.
Upon approval by the City Council,the Agreement will be executed by the Director of Public Utilities,
or his designee.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section
15378,the award of this Agreement for the design services does not qualify as a “Project”for the
purposes of CEQA.
LOCAL PREFERENCE
Local preference pursuant to the Fresno Municipal Code Section 4-109(b)was implemented by
extending a 5%preference to AM Consulting Engineers,Inc.,which provided certification as a local
business.The 5%preference was incorporated into the evaluation criteria for the SOQs.The other
prospective consultant did not provide certification as a local business and did not receive the 5%
preference during the SOQ evaluations.
FISCAL IMPACT
There is no impact to the General Fund.Funding for this Project is included in the Fiscal Year 2023
capital improvement budget within the Wastewater Management Division’s Sewer Enterprise Fund
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capital improvement budget within the Wastewater Management Division’s Sewer Enterprise Fund
40501. The Project is located in Council District 3.
Attachment 1 - Consultant Services Agreement
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
This Agreement (Agreement) is made and entered into effective
________________________, by and between the CITY OF FRESNO, a California
municipal corporation (City), and AM Consulting Engineers, Inc., a California Corporation
(Consultant).
RECITALS
WHEREAS, the City desires to obtain professional engineering design services for
2-Water Booster Pump Station Redundancy Improvements (Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a
Professional Engineer and hereby represents that it desires to and is professionally and
legally capable of performing the services called for by this Agreement; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 619;
and
WHEREAS, this Agreement will be administered for the City by its Director of
Public Utilities (Director) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and promises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
1. Scope of Services. The Consultant shall perform to the satisfaction of the
City the services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be
effective from the date first set forth above and shall continue in full force and effect
through the earlier of complete rendition of the services hereunder or July 1, 2024, subject
to any earlier termination in accordance with this Agreement. The services of the
Consultant as described in Exhibit A are to commence upon the City’s issuance of a
written “Notice to Proceed.” Work shall be undertaken and completed in a sequence
assuring expeditious completion, but in any event, all such services shall be completed
within Four Hundred Fifty-Eight (458) consecutive calendar days from such authorization
to proceed.
3. Compensation.
(a) The Consultant’s sole compensation for satisfactory performance of
all services required or rendered pursuant to this Agreement shall be a total fee not to
exceed One Hundred Sixty-Nine Thousand Five Hundred Ninety Dollars ($169,590.00),
paid on a time and materials basis in accordance with the schedule of fees contained in
Exhibit A, and a contingency amount not to exceed Eighteen Thousand Dollars
($18,000.00) for any additional work rendered pursuant to Subsection (c) below and
authorized in writing by the Director.
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(b) Detailed statements shall be rendered monthly and will be payable
in the normal course of City business. The City shall not be obligated to reimburse any
expense for which it has not received a detailed invoice with applicable copies of
representative and identifiable receipts or records substantiating such expense.
(c) The parties may modify this Agreement to increase or decrease the
scope of services or provide for the rendition of services not required by this Agreement,
which modification shall include an adjustment to the Consultant’s compensation. Any
change in the scope of services must be made by written amendment to the Agreement
signed by an authorized representative for each party. The Consultant shall not be
entitled to any additional compensation if services are performed prior to a signed written
amendment.
4. Termination, Remedies, and Force Majeure.
(a) This Agreement shall terminate without any liability of the City to the
Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third
party against the Consultant; (ii) seven calendar days prior written notice with or without
cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to
meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient
funding for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any
and all of its subcontractors to cease work; and (iii) return to the City any and all unearned
payments and all properties and materials in the possession of the Consultant that are
owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid
compensation for services satisfactorily performed prior to the effective date of
termination. The Consultant shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to
satisfactorily perform in accordance with the terms of this Agreement, the City may
withhold an amount that would otherwise be payable as an offset to, but not in excess of,
the City’s damages caused by such failure. In no event shall any payment by the City
pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement
which may then exist on the part of the Consultant, nor shall such payment impair or
prejudice any remedy available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the Consultant, the City may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be
available to it under applicable laws of the State of California or any other applicable law;
(ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii)
recover all direct, indirect, consequential, economic and incidental damages for the
breach of the Agreement. If it is determined that the City improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(e) The Consultant shall provide the City with adequate written
assurances of future performance, upon Director’s request, in the event the Consultant
fails to comply with any terms or conditions of this Agreement.
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(f) The Consultant shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonable control of the Consultant and without its
fault or negligence such as, acts of God or the public enemy, acts of the City in its
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually
severe weather, and delays of common carriers. The Consultant shall notify Director in
writing as soon as it is reasonably possible after the commencement of any excusable
delay, setting forth the full particulars in connection therewith, and shall remedy such
occurrence with all reasonable dispatch, and shall promptly give written notice to Director
of the cessation of such occurrence.
5. Confidential Information, Ownership of Documents and Copyright License.
(a) Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any individual or
organization by the Consultant without the prior written approval of the City. During the
term of this Agreement, and thereafter, the Consultant shall not, without the prior written
consent of the City, disclose to anyone any Confidential Information. The term
Confidential Information for the purposes of this Agreement shall include all proprietary
and confidential information of the City, including but not limited to business plans,
marketing plans, financial information, designs, drawings, specifications, materials,
compilations, documents, instruments, models, source or object codes and other
information disclosed or submitted, orally, in writing, or by any other medium or media.
All Confidential Information shall be and remain confidential and proprietary in the City.
(b) Any and all original sketches, pencil tracings of working drawings,
plans, computations, specifications, computer disk files, writings and other documents
prepared or provided by the Consultant pursuant to this Agreement are the property of
the City at the time of preparation and shall be turned over to the City upon expiration or
termination of the Agreement or default by the Consultant. The Consultant grants the
City a copyright license to use such drawings and writings. The Consultant shall not
permit the reproduction or use thereof by any other person except as otherwise expressly
provided herein. The City may modify the design including any drawings or writings. Any
use by the City of the aforesaid sketches, tracings, plans, computations, specifications,
computer disk files, writings and other documents in completed form as to other projects
or extensions of this Project, or in uncompleted form, without specific written verification
by the Consultant will be at the City’s sole risk and without liability or legal exposure to
the Consultant. The Consultant may keep a copy of all drawings and specifications for
its sole and exclusive use.
(c) If the Consultant should subcontract all or any portion of the services
to be performed under this Agreement, the Consultant shall cause each subcontractor to
also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this
Agreement.
6. Professional Skill. It is further mutually understood and agreed by and
between the parties hereto that inasmuch as the Consultant represents to the City that
the Consultant and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform the
services agreed to be done by it under this Agreement, the City relies upon the skill of the
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Consultant and any subcontractors to do and perform such services in a skillful manner
and the Consultant agrees to thus perform the services and require the same of any
subcontractors. Therefore, any acceptance of such services by the City shall not operate
as a release of the Consultant or any subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law including California
Civil Code section 2782.8, the Consultant shall indemnify, hold harmless and defend the
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), and from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees, litigation expenses, and costs to enforce this agreement) that
arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of
the Consultant, its principals, officers, employees, agents, or volunteers in the
performance of this Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor to
indemnify, hold harmless and defend the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for
and maintain in full force and effect all insurance as required in Exhibit B, which is
incorporated into and part of this Agreement, with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of
California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as
may be authorized in writing by the City’s Risk Manager or designee at any time and in
its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain
limits of liability of not less than those amounts stated therein. However, the insurance
limits available to the City, its officers, officials, employees, agents, and volunteers as
additional insureds, shall be the greater of the minimum limits specified therein or the full
limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, the
Consultant or any of its subcontractors/sub-consultants fail to maintain any required
insurance in full force and effect, all services and work under this Agreement shall be
discontinued immediately, and all payments due or that become due to the Consultant
shall be withheld until notice is received by the City that the required insurance has been
restored to full force and effect and that the premiums therefore have been paid for a
period satisfactory to the City. Any failure to maintain the required insurance shall be
sufficient cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Consultant of its responsibilities under
this Agreement. The phrase “fail to maintain any required insurance” shall include,
without limitation, notification received by the City that an insurer has commenced
proceedings, or has had proceedings commenced against it, indicating that the insurer is
insolvent.
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(c) The fact that insurance is obtained by the Consultant shall not be
deemed to release or diminish the liability of the Consultant, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to indemnify the City
shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification
to be provided by the Consultant. Approval or purchase of any insurance contracts or
policies shall in no way relieve from liability nor limit the liability of the Consultant, its
principals, officers, agents, employees, persons under the supervision of the Consultant,
vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
(d) If the Consultant should subcontract all or any portion of the services
to be performed under this Agreement, the Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an additional insured, to
the City and each of its officers, officials, employees, agents, and volunteers in
accordance with the terms of this section, except that any required certificates and
applicable endorsements shall be on file with the Consultant and the City prior to the
commencement of any services by the subcontractor. The Consultant and any
subcontractor/sub-consultant shall establish additional insured status for the City, its
officers, officials, employees, agents, and volunteers by using Insurance Service Office
(ISO) Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an
executed manuscript company endorsement providing additional insured status as broad
as that contained in ISO Form CG 20 10 11 85.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to the City’s execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth
in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation
and duty to immediately notify the City in writing of any change to the information provided
by the Consultant in such statement.
(b) The Consultant shall comply, and require its subcontractors to
comply, with all applicable (i) professional canons and requirements governing avoidance
of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws
and regulations including, without limitation, California Government Code Section 1090
et. seq., the California Political Reform Act (California Government Code Section 87100
et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section
4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written
request of the City, the Consultant shall provide a written opinion of its legal counsel and
that of any subcontractor that, after a due diligent inquiry, the Consultant and the
respective subcontractor(s) are in full compliance with all laws and regulations. The
Consultant shall take, and require its subcontractors to take, reasonable steps to avoid
any appearance of a conflict of interest. Upon discovery of any facts giving rise to the
appearance of a conflict of interest, the Consultant shall immediately notify the City of
these facts in writing.
(c) In performing the work or services to be provided hereunder, the
Consultant shall not employ or retain the services of any person while such person either
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is employed by the City or is a member of any City council, commission, board,
committee, or similar City body. This requirement may be waived in writing by the City
Manager, if no actual or potential conflict is involved.
(d) The Consultant represents and warrants that it has not paid or
agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or
procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant’s subcontractors
performing any services on this Project, shall bid for, assist anyone in the preparation of
a bid for, or perform any services pursuant to, any other contract in connection with this
Project. The Consultant and any of its subcontractors shall have no interest, direct or
indirect, in any other contract with a third party in connection with this Project unless such
interest is in accordance with all applicable law and fully disclosed to and approved by
the City Manager, in advance and in writing.
(f) If the Consultant should subcontract all or any portion of the work to
be performed or services to be provided under this Agreement, the Consultant shall
include the provisions of this Section 9 in each subcontract and require its subcontractors
to comply therewith.
(g) This Section 9 shall survive expiration or termination of this
Agreement.
10. Recycling Program. In the event the Consultant maintains an office or
operates a facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City’s Solid Waste Management Division, for each office and
facility. Literature describing the City recycling programs is available from the City’s Solid
Waste Management Division and by calling the City of Fresno Recycling Hotline at (559)
621-1111.
(b) Immediately contact the City’s Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their
conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of the City’s Solid
Waste Management Division the establishment of the recycling program in paragraph (a)
above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required
of the City within the body of this Agreement, and not otherwise specifically provided for,
shall be effective only if signed by the Director or designee.
(b) Records of the Consultant’s expenses pertaining to the Project shall
be kept on a generally recognized accounting basis and shall be available to the City or
its authorized representatives upon request during regular business hours throughout the
life of this Agreement and for a period of three years after final payment or, if longer, for
any period required by law. In addition, all books, documents, papers, and records of the
Consultant pertaining to the Project shall be available for the purpose of making audits,
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examinations, excerpts, and transcriptions for the same period of time. If any litigation,
claim, negotiations, audit or other action is commenced before the expiration of said time
period, all records shall be retained and made available to the City until such action is
resolved, or until the end of said time period whichever shall later occur. If the Consultant
should subcontract all or any portion of the services to be performed under this
Agreement, the Consultant shall cause each subcontractor to also comply with the
requirements of this paragraph. This Section 11(b) shall survive expiration or termination
of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall
have provided evidence to the City that the Consultant is licensed to perform the services
called for by this Agreement (or that no license is required). If the Consultant should
subcontract all or any portion of the work or services to be performed under this
Agreement, the Consultant shall require each subcontractor to provide evidence to the
City that subcontractor is licensed to perform the services called for by this Agreement
(or that no license is required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and
local law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era. Subject to the foregoing and during the
performance of this Agreement, the Consultant agrees as follows:
(a) The Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
(b) The Consultant will not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The
Consultant shall ensure that applicants are employed, and the employees are treated
during employment, without regard to their race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
Such requirement shall apply to the Consultant’s employment practices including, but not
be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Consultant agrees to post in
conspicuous places, available to employees and applicants for employment, notices
setting forth the provision of this nondiscrimination clause.
(c) The Consultant will, in all solicitations or advertisements for
employees placed by or on behalf of the Consultant in pursuit hereof, state that all
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qualified applicants will receive consideration for employment without regard to race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era.
(d) The Consultant will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of the
Consultant’s commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services
to be performed under this Agreement, the Consultant shall cause each subcontractor to
also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant
is acting solely as an independent contractor. Neither the Consultant, nor any of its
officers, agents, or employees shall be deemed an officer, agent, employee, joint
venturer, partner, or associate of the City for any purpose. The City shall have no right
to control or supervise or direct the manner or method by which the Consultant shall
perform its work and functions. However, the City shall retain the right to administer this
Agreement so as to verify that the Consultant is performing its obligations in accordance
with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture
between the Consultant and the City. The Consultant shall have no authority to bind the
City absent the City’s express written consent. Except to the extent otherwise provided
in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the Consultant
and its officers, agents, and employees shall have absolutely no right to employment
rights and benefits available to City employees. The Consultant shall be solely liable and
responsible for all payroll and tax withholding and for providing to, or on behalf of, its
employees all employee benefits including, without limitation, health, welfare and
retirement benefits. In addition, together with its other obligations under this Agreement,
the Consultant shall be solely responsible, indemnify, defend and save the City harmless
from all matters relating to employment and tax withholding for and payment of the
Consultant’s employees, including, without limitation, (i) compliance with Social Security
and unemployment insurance withholding, payment of workers’ compensation benefits,
and all other laws and regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in the City employment benefits,
entitlements, programs and/or funds offered employees of the City whether arising by
reason of any common law, de facto, leased, or co-employee rights or other theory. It is
acknowledged that during the term of this Agreement, the Consultant may be providing
services to others unrelated to the City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation of
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receipt, or sent by United States registered or certified mail, with postage prepaid, return
receipt requested, addressed to the party to which notice is to be given at the party's
address set forth on the signature page of this Agreement or at such other address as the
parties may from time to time designate by written notice. Notices served by United
States mail in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all
parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants, employees,
and representatives.
16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this Agreement without the
prior written approval of the City Manager or designee. Any attempted assignment by the
Consultant, its successors or assigns, shall be null and void unless approved in writing
by the City Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any
monies due the Consultant from the City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all
monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this
Agreement, the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory agencies,
now in force and as they may be enacted, issued, or amended during the term of this
Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision
of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions of this
Agreement may be waived unless in writing and signed by all parties to this Agreement.
Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to
the interpretation or meaning of the provisions of this Agreement.
21. 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.
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22. 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.
23. 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.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. 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.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in
equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations
defined within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary in this
Agreement, it is not intended that any rights or interests in this Agreement benefit or flow
to the interest of any third parties.
28. Extent of 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 the City and the Consultant.
29. The City Manager, or designee, is hereby authorized and directed to
execute and implement this Agreement. The previous sentence is not intended to
delegate any authority to the City Manager to administer the Agreement, any delegation
of authority must be expressly included in the Agreement.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Brock D. Buche, PE, PLS,
Director
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
No signature of City Attorney required.
Standard Document #DPU-S Eng.
CSA, Short Form T&M - Contingency
(01-2023) has been used without
modification, as certified by the
undersigned.
By:
Sarah Aguila
Supervising Engineering Technician
Department of Public Utilities
REVIEWED BY:
Jesus A. Gonzalez, PE,
Assistant Director
Department of Public Utilities
Addresses:
CITY:
City of Fresno
Attention: Sarah Aguila,
Supervising Engineering Technician
1626 E Street
Fresno, CA 93706
Phone: (559) 621-1615
Facsimile (559) 498-4126
E-mail: sarah.aguila@fresno.gov
AM Consulting Engineers,
Inc.,
By:
Name:
Title:
(If corporation or LLC., Board Chair, Pres.
or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
CONSULTANT:
AM Consulting Engineers, Inc.,
Attention: Alfonso Manrique, Principal
5150 N. Sixth Street, Suite 124
Fresno, CA 93710
Phone: (559) 473-1371
Facsimile” (559) 513-8449
E-mail alfonso.manrique@am-ce.com
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2/28/2023
Alfonso Manrique
President
3/2/2023
C63673
Alfonso Manrique
06/14/2002
3/2/2023
Concetta Borreli-Manrique
Treasuer
3/2/2023
Clerk Attesting
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Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and AM Consulting Engineers, Inc., (Consultant)
2-Water Booster Pump Station Redundancy Improvements
1.1 SCOPE OF WORK
Task 1 – Schematic Design Phase
Task 1.1 –Project Management
AMCE’s project manager will maintain constant communication with City staff
throughout the execution of this project. AMCE will create a detailed schedule that
takes into account critical deadlines and set deliverable dates to meet those deadlines.
AMCE will participate in update meetings including preparation of agendas and meet
with the City’s project manager periodically to discuss progress and critical decisions
ahead. AMCE’s project manager will work closely with City staff and will prepare
presentations as necessary.
Task 1.2 –Kickoff Meeting
AMCE will Conduct a kickoff meeting for discussion of the project objectives, scope of
work, approach, schedule, and coordination procedures. AMCE will prepare an
agenda for the kickoff meeting and a list of information needs to proceed with the
project.
Task 1.3 –Gather and Review Background Documentation
AMCE will gather and review background information pertaining to the 2-water booster
pump station. Information will include at a minimum: as-built drawings, maintenance
logs, geotechnical studies…etc. AMCE’s review will meet with City staff to discuss the
findings of the document review and discuss any project recommendations.
Task 1.4 – Engineering Analysis of Existing System
AMCE will perform an analysis of the existing System taking into account proposed
improvements and future demands. The analysis shall yield optional sizing of
proposed improvements and shall propose improvements to the System as may be
necessary to minimize adverse effects requiring mitigation by the Project’s
Improvements.
Task 1.5 – Topographical Survey
This task includes the preparation of a topographical survey. The topographical survey
will cover the project site and will include at a minimum the following:
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• Establish Horizontal & Vertical Control (NAVD 88 and CCS 83 Zone 4 Datum)
• Prepare existing map for the area adjacent to the proposed site.
• Locate existing surface features such as pumps, pipe supports, drainage facilities,
edge of pavement, curbs, sidewalk, utility vaults, manholes, inlets, valve covers,
utility poles, trees, and other visible features.
• Prepare base map and topographic maps at 1”=20’ scale.
Task 1.6 – Geotechnical Investigation
This task includes the preparation of a geotechnical investigation. The field exploration
will consist of the following:
• Reconnaissance of the site, marking proposed points of subsurface exploration
with white paint or stakes with white ribbon, and contacting Underground Service
Alert for mark-out of underground utilities.
• Drilling of one exploratory boring to a maximum of 25 feet below ground surface,
assuming there are not any access restrictions that would preclude this work.
• Logging of the borings and identification of the various earth materials
encountered during the exploration.
• Samples of the major earth units will be obtained and the relative consistency of
the various strata encountered in the exploration will be determined.
• Backfilling the boreholes with soil cuttings generated from the drilling process.
Laboratory testing will be performed in accordance to the specifications of ASTM
International. Laboratory tests will include moisture and density tests, direct shears,
consolidation, classification test, and corrosion test. The laboratory testing program is
subject to change depending on the soils encountered during our field exploration.
A written report will be prepared presenting the results of the office research, field
exploration, laboratory testing and engineering analysis. It will include information on
the nature, distribution and strength of the existing soils, and recommendations for
grading procedures and design criteria for corrective measures, when necessary. The
report will also include a description of the geology of the site and conclusions and
recommendations regarding the effect of geologic conditions on the proposed
development.
Task 1.7 – Preparation of Basis of Design Report
This task consists of preparing a Basis of Design (BoD) Report for the redundancy
improvements to the 2-Water Booster Pump Station. At a minimum the BoD report will
provide:
1.Process Flow Diagrams.
2. Layout of Improvements including location of appurtenances.
3. Electrical/Instrumentation requirements.
The BoD Report will also include detailed opinions of probable construction cost for
proposed improvements. AMCE will submit a copy of the DRAFT BoD to the City for
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review and comment. AMCE will attend a meeting to present the recommendations of
the BoD Report and answer any questions City staff may have.
Task 1.8 - Preparation of 30 percent Construction Documents
Based on the recommendations of the BoD Report, AMCE will proceed with the
preparation of 30 percent construction documents. Construction documents will
consist of Plans at this level of completion. Plans will follow the format approved by
the City. A review meeting will be held with City staff to review and discuss comments.
Task 2 – Design Development Phase
Task 2.1 - Preparation of 60 percent Construction Documents
Based on the recommendation of the BoD Report, AMCE will proceed with the
preparation of 60 percent construction documents. Submittals will include a set of
plans, specifications, and an opinion of probable construction cost. A review meeting
will be held with City staff after each submittal to review and discuss comments.
Task 3 – Construction Document Phase
Task 3.1 - Preparation of 90 percent Construction Documents
After the review and approval of the 60 percent completion construction documents,
AMCE will prepare an update of the construction documents and opinions of probable
construction costs.
A 90 percent submittal will be prepared and submitted to the City for review. If required,
a review meeting will be held with City staff after the 90 percent to discuss comments.
Task 3.2 - Preparation of 100 percent Construction Documents
After the review and approval of the 90 percent completion construction documents,
AMCE will prepare a final update of the construction documents and opinions of
probable construction costs.
Task 4 – Bidding Services
AMCE will provide the following services to the City in support during bidding:
• Attend a pre-bid conference;
• Respond to bidder’s questions and submit to City for review and approval;
• Prepare addenda to the construction documents as deemed necessary; and
• Assist City in evaluating bids received.
Task 5 – Construction Services
AMCE will provide the following construction services:
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• Attend a preconstruction conference.
• Prepare video and photographic records of initial site conditions before the contractor
begins construction. Video documentation will be accompanied by a verbal
description of existing conditions. A copy of the video and photographic
documentation will be provided to City.
• Conduct weekly site visits to review and monitor the contractor's work against the
contract documents to ensure compliance. We will report any non-conformances
and deficiencies to City and contractor and will work with the contractor to correct
any deficiencies in a timely manner.
• Receive, log and coordinate the review of the shop drawing submittals.
• Prepare field memos and clarifications of drawings and specifications.
• Respond to RFIs.
• Review the contractor's monthly progress payment requests and recommend
payment.
• Review and approve the contractor's construction schedule, and construction
sequence, including updates and revisions, in accordance with the contract
documents. Our review will focus on key elements such as logic, duration of activities,
duration of startup and testing, and construction sequencing constraints and
milestones.
• Review change order requests to determine changes in scope and conditions.
• Conduct a final inspection of the completed facilities and issue punch lists of
uncompleted items where necessary.
• Prepare record drawings.
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SCHEDULE OF FEES
CLASSIFICATION RATE
Engineering
Assistant Engineer .....................................................................$100.00 per hour
Associate Engineer ....................................................................$115.00 per hour
Senior Engineer .........................................................................$140.00 per hour
Principal Engineer ......................................................................$165.00 per hour
Project Manager .........................................................................$165.00 per hour
Designing/Drafting
Design CADD Operator...............................................................$105.00 per hour
Support Staff
Technical Typist/Word Processor ...............................................$75.00 per hour
Miscellaneous
Fax ..............................................................................................$0.20 per page
8"x11" Copies/Impressions .........................................................$0.25 per page
Reproducible Copies (Mylar)........................................................$2.00 per sq. ft.
Reproducible Copies (Bond) .......................................................$2.00 per sq. ft.
Mileage ........................................................................................$0.65 per mile
Airfare, Meals and Lodging ..........................................................At cost
Notes:
1. Standard Hourly Rates include salaries and wages paid to personnel in each billing
class plus the cost of customary and statutory benefits, general and administrative
overhead, non-project operating costs, and operating margin or profit.
2. It is understood and agreed that these rates and charges include normal
equipment and materials used in connection with the production of the required
engineering and/or architectural services. If authorized by the client, an overtime
premium multiplier of 1.5 will be applied to the direct wage cost of hourly
personnel who work overtime in order to meet a deadline which cannot be met
during normal hours. Applicable sales taxes, if any, will be added to these rates.
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and AM Consulting Engineers, Inc., (Consultant)
2-Water Booster Pump Station Redundancy Improvements
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
“bodily injury,” “property damage” and “personal and advertising injury” with
coverage for premises and operations (including the use of owned and non-
owned equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
“Minimum Limits of Insurance.”
2. The most current version of Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use
of automobiles in the course of your business operations. The Automobile
Policy shall be written on an occurrence form and shall provide coverage
for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the State of California
and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to the
Consultant’s profession.
MINIMUM LIMITS OF INSURANCE
The Consultant, or any party the Consultant subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to the
City, its officers, officials, employees, agents, and volunteers as additional insureds, shall
be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii)$1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
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2.COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3.WORKERS’ COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4.EMPLOYER’S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5.PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii)$2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to
meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and
afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella
or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis
for the benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
The Consultant shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and the Consultant shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared to on the Certificate of Insurance, and approved by, the City’s Risk Manager
or designee. At the option of the City’s Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees,
agents, and volunteers; or
(ii) The Consultant shall provide a financial guarantee, satisfactory to
the City’s Risk Manager or designee, guaranteeing payment of
losses and related investigations, claim administration and defense
expenses. At no time shall the City be responsible for the payment
of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. The Consultant shall establish additional
insured status for the City and for all ongoing and completed operations
under the Commercial General Liability policy by use of ISO Forms or an
executed manuscript insurance company endorsement providing additional
insured status. The Commercial General endorsements must be as broad
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as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20
37.
2.The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees, agents, and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, the Consultant’s insurance
coverage shall be primary insurance with respect to the City, its officers,
officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents,
and volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it. The Consultant shall establish primary and non-
contributory status by using ISO Form CG 20 01 04 13 or by an executed
manuscript insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
20 01 04 13.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: the Consultant and its insurer shall waive any right of subrogation
against the City, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-
made form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by the Consultant.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of the Agreement, whichever occurs first, or, in the alternative, the policy
shall be endorsed to provide not less than a five-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by the Consultant, the
Consultant must purchase “extended reporting” coverage for a minimum of
five years completion of the Agreement work or termination of the
Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to the City
for review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
calendar days’ written notice by certified mail, return receipt requested, has been given
to the City. The Consultant is also responsible for providing written notice to the City under
the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice
of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall
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furnish the City with a new certificate and applicable endorsements for such policy(ies).
In the event any policy is due to expire during the work to be performed for the City, the
Consultant shall provide a new certificate, and applicable endorsements, evidencing
renewal of such policy not less than fifteen calendar days prior to the expiration date of
the expiring policy.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by the Consultant shall not be deemed to release or
diminish the liability of the Consultant, including, without limitation, liability under the
indemnity provisions of this Agreement. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Consultant. Approval or purchase of
any insurance contracts or policies shall in no way relieve from liability nor limit the liability
of the Consultant, its principals, officers, agents, employees, persons under the
supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be
performed under this Agreement, the Consultant shall require, at the discretion of the
City’s Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the City to provide required indemnification and insurance protection.
Any required Side Agreement(s) and associated insurance documents for the
subcontractor must be reviewed and preapproved by the City Risk Manager or designee.
If no Side Agreement is required, the Consultant will be solely responsible for ensuring
that its subcontractors maintain insurance coverage at levels no less than those required
by applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
The Consultant shall furnish the City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the City’s Risk Manager or its designee prior to the
City’s execution of the Agreement and before work commences. All non-ISO
endorsements amending policy coverage shall be executed by a licensed and authorized
agent or broker. Upon request of the City, the Consultant shall immediately furnish the
City with a complete copy of any insurance policy required under this Agreement,
including all endorsements, with said copy certified by the underwriter to be a true and
correct copy of the original policy. This requirement shall survive expiration or termination
of this Agreement.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
2-Water Booster Pump Station Redundancy Improvements
YES* NO
1 Are you currently in litigation with the City of Fresno or any of
its agents?
2 Do you represent any firm, organization, or person who is in
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who
do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with
the City of Fresno, or in a business which is in litigation with
the City of Fresno?
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee
who has any significant role in the subject matter of this
service?
6 Do you or any of your subcontractors have, or expect to have,
any interest, direct or indirect, in any other contract in
connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
(Name)
(Company)
(Address)
Additional page(s) attached.
(City, State Zip)
DocuSign Envelope ID: B92C5D54-5A99-4BA8-B669-FD5C58800DBB
No explanation required.
5150 N Sixth Street, Suite 124
Fresno, CA 93710
X
X
X
X
AM Consulting Engineers
3/2/2023
X
X
Alfonso Manrique
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-461 Agenda Date:4/20/2023 Agenda #:
1.-O.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Engineering Division, Right of Way Section
SUBJECT
***RESOLUTION - Rescinding Resolution Number 2017-332 and ordering the vacation of a portion of
North Carnegie Avenue, between West Bullard Avenue and Union Pacific Railroad (Subject to
Mayor’s Veto) (Council District 2)
RECOMMENDATION
Staff recommends the City Council adopt a resolution rescinding Resolution Number 2017-332 and
order the vacation of a portion of North Carnegie Avenue, between West Bullard Avenue and Union
Pacific Railroad.
EXECUTIVE SUMMARY
The City of Fresno Public Works Department requested the vacation of a portion of North Carnegie
Avenue, between West Bullard Avenue and Union Pacific Railroad as a part of the Veterans
Boulevard Grade Separation Project. On December 7, 2017, a public hearing was held and
Resolution Number 2017-332 was adopted by City Council. This resolution was never recorded
because the conditions of approval were not satisfied. Through coordination with the adjacent
business owner and Council District 2, the street design for this area has been revised and therefore
the limits of the street vacation, as shown on Resolution Number 2017-332, need to be revised. The
proposed resolution will rescind Resolution Number 2017-332 and adopt a new resolution showing
the revised public street vacation limits.
BACKGROUND
The Veterans Boulevard/State Route 99 Interchange and Extension Project is constructing public
street and trail improvements on the approved Veterans Boulevard alignment between West Herndon
Avenue and West Shaw Avenue. The new roadway will have six travel lanes, a Class I bicycle
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Avenue and West Shaw Avenue.The new roadway will have six travel lanes,a Class I bicycle
lane/pedestrian trail on one side,Class II bicycle lanes on both sides and will include the construction
of a new partial cloverleaf interchange connecting State Route 99 and Veterans Boulevard.The
project will improve accessibility to State Route 99 and circulation to roads adjacent to the proposed
interchange in northwest Fresno.It will provide congestion relief and improve traffic flow in northwest
Fresno.The project will also enhance the local circulation network to accommodate local
development and provide consistency with existing and planned local and regional development.
The Veterans Boulevard Project has been coordinated with the California High Speed Rail Project.
The newly constructed Veterans Boulevard grade separation now carries traffic up and over the
existing Union Pacific Railroad and future High Speed Rail corridors.The North Carnegie Avenue at-
grade crossing at Union Pacific Railroad has since been removed to eliminate the at-grade crossing
and allow for the future High Speed Rail corridor to be access restricted.A portion of North Carnegie
Avenue is currently being reconstructed as a modified local street to maintain access to the residents
in the area and the storage facility on the north side of Carnegie Avenue.On December 7,2017,a
public hearing was held and Resolution Number 2017-332 was adopted by City Council to reflect the
needs for the street design plans at that time.The design plans have since been revised and the
public street vacation needs to be revised consistent with the updated street improvement plans.
This proposed resolution will rescind Resolution Number 2017-332 and adopt a new resolution that
reflects the street design revisions.
City staff have also coordinated the Carnegie Avenue street improvements and proposed vacation
with the adjacent business,Empire Storage,and the adjacent resident on the south half of the
proposed vacation.These coordination efforts will continue until all of the work on the project is
completed.
The Public Works Department,other City departments and utility agencies have reviewed the
proposed vacation and determined that the public street easement proposed for vacation is
unnecessary for present or prospective public street purposes,as described in Exhibit A and as
shown on Exhibit B,subject to the reservation of a public utility easement over the entire area
proposed to be vacated, said exhibits are made part of the attached resolution to vacate.
The City is not disposing of any land and therefore the Surplus Land Act is not applicable.
The City Attorney’s Office has approved the attached Resolution as to form.
The vacation,if approved by Council,will become effective when the vacating resolution is recorded
in the office of the Fresno County Recorder.
ENVIRONMENTAL FINDINGS
An initial study and EIR (SCH No.2010021054)was prepared for this project and adopted on June 7,
2013.This approval is to implement a portion of the project.An analysis has been performed
pursuant to CEQA Guidelines Section 15162 to determine whether subsequent environmental review
is required for this project.Based upon this analysis 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 to the EIR
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1.No substantial changes are proposed in the project which will require major revisions to the EIR
due to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects because the project is being implemented as
planned.
2.No substantial changes occurred with respect to the circumstances under which the project was
undertaken which will require major revisions to the EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects.The project will not have any significant effects not discussed in the EIR,and there are no
mitigation measures or alternatives previously found not to be feasible that are now feasible.
3.There is no new information,which was not known and could not have been known at the time of
the EIR that was not discussed in the EIR.
Based upon these findings,it has been determined that no further environmental documentation is
required for this project.
LOCAL PREFERENCE
Local preference does not apply because the vacation of a public street easement does not involve
bidding or contracting.
FISCAL IMPACT
This street vacation located in Council District 2 will have no impact to the General Fund.All costs
associated with this action are covered in the Veterans Boulevard Interchange and Extension Project
budget, which is included in the adopted City budget.
Attachments:
Carnegie Vacation Vicinity Map
Resolution Number 2017-332
Carnegie Resolution to Vacate
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NORTH
ANNADALECLOVISINTERNATIONALMAROABLACKSTONESHEPHERD
PERRIN
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OLIVE
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GETTYSBURG
BULLARD
BARSTOW
SHAW
ALLUVIAL
HERNDON
SIERRA
NEESFRUITTEAGUEVALENTINEWEST
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AMERICANGRANTLANDHAYESBRYANBLYTHEBRAWLEYVALENTINECHATEAUFRESNO LOCANHAYESGRANTLANDCHATEAUFRESNODE WOLFLEONARDHIGHLANDCENTRAL
PROJECT SITE
Project ID: PW11844
Council District: 2
PROPOSED VACATION OF A PORTION NORTH
CARNEGIE AVENUE, BETWEEN WEST BULLARD
AVENUE AND UNION PACIFIC RAILROADN
01.530.75
Miles
DEPARTMENT OF
PUBLIC WORKS
VICINITY MAP
Legend
City Limits
District 2
2 of 5
Number 2017-332 and replacing it with this resolution that shows the new vacation limits
for North Carnegie Avenue; and
WHEREAS, the City of Fresno Public Works Department now requests the
vacation of a portion of North Carnegie Avenue, between West Bullard Avenue and Union
Pacific Railroad, as described in Exhibit A and as shown on Exhibit B, which are attached
and incorporated in this resolution; and
WHEREAS, the Traffic and Engineering Services Division, other City departments
and utility agencies have reviewed the proposed vacation and determined that the public
street right-of -way easement proposed for vacation as described in Exhibit A and as
shown on Exhibit B is unnecessary for present or prospective public street purposes,
subject to the reservation of a public utility easement over the entire area proposed to be
vacated, said exhibits are incorporated herein by reference and on file in the Office of the
City Clerk of the City at Fresno City Hall, 2600 Fresno Street, Fresno, California, 93721 ;
and
WHEREAS, since a portion of the original vacation as ordered by Resolution N o.
2017-332 is being removed, and the remaining portions of the vacation have been duly
noticed and addressed during the hearing held on December 7, 2017, the City’s
Attorney’s Office has determined that this resolution can be presented and approved as
a Council consent item.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. Resolution No. 2017-332 is hereby rescinded.
2. The Council finds from all the evidence submitted that the vacation of a
3 of 5
portion of North Carnegie Avenue, between West Bullard Avenue and Union Pacific
Railroad as described in Exhibit A and as shown on Exhibit B are unnecessary for present
and prospective public street purposes.
3. The public interest and convenience require, and it is hereby ordered, tha t
as contemplated by Resolution of Intention No. 1118-D adopted by the Council on
December 7, 2017, the public street easement as described in Exhibit A and as shown
on Exhibit B be vacated.
4. The proceedings for the vacation of such right of way are intended to be
and shall be taken subject to the reservation of a public utility easement over the entire
area proposed to be vacated. All work required by such conditions shall be completed in
compliance with City Standard Specifications and approved by the Public Works
Department.
5. The City reserves the entire area being vacated as a permanent easement,
to be used any time, to construct, maintain, operate, replace, remove and renew sanitary
sewers, water mains, storm drains, and appurtenant structures in, upon, and over the
public road easement proposed to be vacated and, pursuant to any existing franchises or
renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew
and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures,
equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone
lines, railroad lines, and for the transportation or distribution of electric energy, petroleum
and its products, ammonia and water, and for incidental purposes, including access to
protect such works from all hazards in, upon, and over the public street easement to be
vacated. The portion to be reserved pursuant to this paragraph is shown on Exhibit "B”
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6. The City Clerk shall certify to the passage of this Resolution and shall file a
certified copy, attested by the City Clerk under the seal of the City, in the Office of the City
Clerk.
7. The City Clerk shall file a certified copy of the resolution for recordation in
the Office once all work associated with this requirement has been accepted by the City
Engineer or the Public Works Director.
8. This vacation shall become effective on the date this resolution is recorded.
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* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, 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 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
Attachments:
Exhibit A – Street Easement Vacation Legal Description
Exhibit B – Street Easement Vacation
PW File No. 11844
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-564 Agenda Date:4/20/2023 Agenda #:1.-P.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning Division
ADRIAN GONZALEZ, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning Division
SUBJECT
RESOLUTION - Of Intention to Annex Final Tract Map No. 6370 as Annexation No. 143 to
the City of Fresno Community Facilities District No. 11 and to Authorize the Levy of
Special Taxes; and setting the public hearing for Thursday, May 25, 2023, at 10:10 am
(located on the west side of North Chestnut Avenue and East Powers Avenue) (Council
District 6)
RECOMMENDATION
Adopt Resolution of Intention to Annex Final Tract Map No. 6370 to City of Fresno Community
Facilities District No. 11 (CFD No. 11).
EXECUTIVE SUMMARY
The landowner (Granville Homes) has petitioned the City of Fresno to have Final Tract Map No. 6370
(26 Lot Single-Family Home Subdivision) annexed to CFD No. 11 to provide funding for the Services
(as hereafter defined) pertaining to certain required above ground public improvements associated
with this subdivision. The cost for the Services for these improvements is $179.62 per lot annually
for Fiscal Year 2022-2023. Final Tract Map No. 6370 is located entirely within City limits. The
Resolution of Intention begins the process, sets the required public hearing for Thursday, May 25,
2023, at 10:10 am, and defines the steps required to complete the annexation. (See attached
Location and Feature Maps.)
BACKGROUND
Subdivision: 6370
Developer: Granville Homes
Number of Lots: 26
Maximum Special Tax Per Lot: $179.62
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Features: Certain required above ground public improvements; including landscaping and irrigation
systems, concrete improvements, paving, street name signs, and streetlights.
On November 15,2005,the Council of the City of Fresno adopted Council Resolution No.2005-490
forming CFD No.11 to fund public maintenance of landscaping,open spaces,local streets,local
streetlights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and
services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3
of the Fresno Municipal Code (City Law).
The landowner has made a request to the City of Fresno to have Final Tract Map No.6370 annexed
to CFD No.11 to provide the funding for the operation and reserves for maintenance (Services)
pertaining to certain required above ground public improvements within the dedicated City public
easements;this includes the landscaping,trees and irrigation systems;concrete curbs,gutters,
valley gutters,sidewalks and curb ramps,street name signage,and street lighting associated with
this subdivision. (See attached Location and Feature Maps.)
Final Tract Map No.6370 is not a phased map and is located entirely within City limits.
The attached Resolution initiates the annexation process,sets the public hearing on this matter for
Thursday,May 25,2023,at 10:10 am,sets the Maximum Special Tax at $179.62 annually per
residential lot for Fiscal Year 2022-2023 and sets the annual adjustment of the Special Tax to be
adjusted upward annually by 2%or by the rise of the Construction Cost Index (CCI),if it exceeds 2%
for the San Francisco Region.
Annexations to existing community facilities districts are permitted under City Law.The legislative
body must follow certain prescribed procedures as outlined below:
·Adoption of a Resolution of Intention to Annex to CFD No. 11
·Required 7-day minimum Notice of Public Hearing
·Public hearing on Annexation and Levy of Special Tax
·Call a Special Mailed-Ballot Election on the proposed Special Tax
·Declare the Results of the Election
·Formal Adoption of Special Tax Levy (if election passes)
The attached Resolution has been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this
action is not a project.
LOCAL PREFERENCE
Local preference was not implemented,as this item does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
City of Fresno Printed on 4/26/2023Page 2 of 3
powered by Legistar™
File #:ID 23-564 Agenda Date:4/20/2023 Agenda #:1.-P.
No City funds will be involved.All costs for services will be borne by the property owners within the
subject tract.
Attachments:
Location Map
Feature Map
Resolution of Intention
City of Fresno Printed on 4/26/2023Page 3 of 3
powered by Legistar™
BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA
ALLUVIAL
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRIN
TEAGUE
ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW
MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN
TRAFFIC OPERATIONS AND PLANNING DIVISION
FINAL TRACT MAP NO. 6370
DISTRICT 6
ANNEXATION NO. 143
COMMUNITY FACILITIES DISTRICT NO. 11
FINAL TRACT MAP NO. 6370
BUFFERS/PARKWAYS
TREES & SHRUBS = 5,296 SF
SMALL TREES = 10 EA
FEATURES TO BE ADDED BY ANNEXATION NO. 143
COMMUNITY FACILITIES DISTRICT NO. 11
TRAFFIC OPERATIONS AND PLANNING DIVISION
N
STREET LIGHTS:
CONCRETE IMPROVEMENTS:
LANDSCAPE AND IRRIGATION:
TOTAL = 3 EACH
CURB & GUTTER = 258 LF
VALLEY GUTTER = 756 SF
SIDEWALK & CURB RAMPS = 1,309 SF
BlackstoneNees
Herndon
Bullard
Shaw
Ashlan
Shields
McKinley
Belmont
Whites Bridge
Alluvial
Sierra
Barstow
Gettysburg
Dakota
Clinton
Olive GarfieldBryanGrantlandChateau FresnoHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan
Dakota
Shields
Clinton
McKinley
Olive
Belmont
Tulare
Butler
California
Church
Jensen
Annadale
North
Kings CanyonMaroaInternational
Copper
Behymer
Shepherd
Nees
Herndon
Bullard
Shaw
Gettysburg
Teague
Alluvial
Sierra
Barstow
Perrin
ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongChestnutPeachWillowMinnewawaMalaga
American
CedarOrangeMapleElmEastFigCherryMarksWestWalnutHughesFruitGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKearney
Muscat
North
Annadale
Muscat
Central
California
Jensen
Church
Central
Nielsen
·|}þ41
CITY OF FRESNOMAINTENANCECFD11 ANNEXATION
·|}þ41
·|}þ180
·|}þ168
·|}þ99
·|}þ99
·|}þ180
Legend
State Routes
Rail Road
Street Centerline
CFD11
City Boundary Limits
µ
Exhibit A
Date: 3/13/2015
FINAL TRAC
T
MAP NO. 637
0
CITY OF FRESNO - Public Works Department
ANNEXATION MAP NO. 143 OF
COMMUNITY FACILITIES DISTRICT NO. 11
OF THE CITY OF FRESNO, FRESNO COUNTY,
CALIFORNIA
CFD11 143 A1
1-P-1484
REFERENCE: BOUNDARY MAP OF CITY OF FRESNO COMMUNITY FACILITIES
DISTRICT NO. 11, RECORDED NOVEMBER 8, 2005 AT BOOK 41, PAGE 61 OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE
RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA
DOC.
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS DAY
OF , 2023.
ATTEST:
TODD STERMER, CMC
CITY CLERK OF THE CITY OF FRESNO
BY:
DEPUTY
I HEREBY CERTIFY THAT THE ANNEXATION MAP NO. 143 OF THE COMMUNITY
FACILITIES DISTRICT NO. 11, CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA WAS ADOPTED BY THE COUNCIL OF THE CITY OF FRESNO BY
RESOLUTION NO. 2023- ON , 2023.
ATTEST:
TODD STERMER, CMC
CITY CLERK OF THE CITY OF FRESNO
BY:
DEPUTY
THIS ANNEXATION MAP NO. 143 OF THE CITY OF FRESNO COMMUNITY
FACILITIES DISTRICT NO. 11, WAS FILED THIS DAY OF , 2023
AT THE HOUR OF O'CLOCK M AT BOOK 46, PAGE OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE
COUNTY RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA
PAUL DICTOS, C.P.A.
COUNTY RECORDER OF THE COUNTY OF FRESNO
BY:
NTERRITORY TO BE ANNEXED
TO THE CITY CFD NO. 11
BOUNDARY LINE OF NEW
TERRITORY
NOTE: FOR PARCEL DIMENSIONS, SEE ASSESSOR'S MAP BOOK PAGES
EXEMPT FROM SB2 FEES PER GOVERNMENT CODE SECTION 27388.1(a)(2)(D)
EXHIBIT B
EXHIBIT C
C-1
City of Fresno
Community Facilities District No. 11
Annexation No. 143
Description of Services to be Financed by Community Facilities District No. 11
for Annexation No. 143 (Final Tract Map No. 6370)
The operations and reserves for the maintenance of certain required improvements (Services)
that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Final Tract Map
No. 6370, Annexation No. 143 are generally as described below.
The Services will include all costs (including reserves for replacement) attributable to
maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public
street rights-of-way, public landscape easements, public open spaces and other similar
landscaped areas officially dedicated for public use.
General maintenance will include, without limitation, repairing and replacing irrigation systems
as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter,
debris, and garbage.
Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or
replacing all ground level infrastructure (including reserves for replacement) within dedicated
public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters,
valley gutters, curb ramps and sidewalks, street name signage , and street lighting.
Services shall include all costs attributable to street lighting services.
Maintenance costs will include a proportionate share of all other expenses that the City of Fresno
(City) may incur in administering CFD No. 11.
All Services shall be provided by the City, with its own forces or by contract with third parties, or
any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
successful annexation of Annexation No. 143 to CFD No. 11 and the availability of sufficient
proceeds of Special Taxes within CFD No. 11.
EXHIBIT C
C-2
City of Fresno
Community Facilities District No. 11
Formation
Description of Services currently financed by Community Facilities District No. 11
The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No.
11) are any and all Services defined by City of Fresno Speci al Tax Financing Law (Chapter 8,
Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act
of 1982 (Chapter 2.5 commencing with Section 53311 , of Part 1, Division 2, Title 5 of the
California Government Code.)
I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing all facilities, including hardscaping, in landscaped areas (may include
reserves for replacement) in public street rights-of-way, public landscape easements,
public trail areas, parkways, and other similar lan dscaped areas officially dedicated for
public use.
II. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding,
aerating, and watering grass areas; repairing and replacing irrigation systems as
necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and
replacing paths, walkways and trails; removing litter, debris, and garbage.
II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing
and/or replacing all local ground level street infrastructure (may include reserves for
replacement) within local street rights-of-way. Such facilities may include, without
limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets,
street trees and street furniture.
III. Services may include costs attributable to police, fire, traffic control, street lighting and
recreational services.
Maintenance costs will also include a proportionate share of all other expenses that the City of
Fresno (City) may incur in administering the CFD No. 11.
All Services shall be provided by the City, with its own forces or by contract with third parties, or
any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The pr ovision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes
within the CFD No. 11.
EXHIBIT D
D-1
City of Fresno
Community Facilities District No. 11
Annexation No. 143
Rate and Method of Apportionment of Special Tax
Cost Estimate
The estimate breaks down the costs of providing 1 year ’s service for FY 2022-2023 for
Final Tract Map No. 6370.
ITEM DESCRIPTION ESTIMATED COST
1 Landscape Operational Costs $3,019.00
2 Other Operational Costs $99.00
3 Reserve for Replacement $1,162.00
4 Incidental Expenses $390.00
Total $4,670.00
Subdivision Appropriation Limit
FINAL
TRACT
MAP
NO.
MAX. SPECIAL
TAX PER
RESIDENTIAL
UNIT
TOTAL
TAXABLE
UNITS
APPROPRIATION
LIMIT
SUBDIVIDER
6370
$179.62 26
$500,000.00
Granville Homes
EXHIBIT D
D-2
CITY OF FRESNO
Community Facilities District No. 11
Annexation No. 143
Rate and Method of Apportionment of Special Tax
A Special Tax applicable to each assessor’s parcel in Community Facilities District No.
11 (CFD No. 11) shall be levied and collected according to the tax liability determined by
the City Council of the City of Fresno, through the application of the appropriate amount
or rate for taxable property, as described below. All of the property in CFD No. 11, unless
exempted by law or by the provisions of Section E below, shall be taxed for the purposes,
to the extent, and in the manner herein provided, including property su bsequently
annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special
Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel
map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County
of Fresno designating parcels by assessor’s parcel number.
“City” means the City of Fresno.
“City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1,
Article 3, of the Fresno Municipal Code.
“Council” means the City Council of the City of Fresno, acting as the legislative body of
CFD No. 11.
“Developable Lot” means a lot that is anticipated development of residential or non -
residential uses, and which is not an outlot, remainder parcel or other parcel which is not
intended to be developed or which must be further subdivided before being developed.
“Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion
in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of
Special Tax.
“Final Map” means a final map, or portion thereof, approved by the Council of the City of
Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410
et seq.) that creates individual developable lots for which building permits may be issued.
The term “Final Map” shall not include any assessor’s parcel map or subdivision map or
EXHIBIT D
D-3
portion thereof that does not create individual developable lots for which a building permit
may be issued, including assessor’s parcels that are designated as remainder parcels.
“Fiscal Year” means the period starting April 1 and ending on the following March 31.
“Maximum Special Tax” means the maximum special tax, determined in accordance
with Section C, which can be levied in any Fiscal Year.
“Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to
the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11.
“Public Property” means any property within the boundaries of CFD No. 11 that is
owned by the federal government, the State of California or other local governments or
public agencies.
“Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal
Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities
under Government Code Section 53321(d).
“Residential Unit” means a residential dwelling unit and shall include single-family
unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and
individual apartment units in a multi-family building. For purposes of the levy of special
taxes pursuant to Section C below, “Residential Units” shall include dwelling units already
built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet
built, when the special tax is levied each fiscal year.
“Shared Services” means the costs of services are paid equally by the property owners
of two or more subdivisions.
“Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels
of taxable property to fund the Special Tax Requirement as defined below.
“Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay
authorized maintenance and improvement expenses, (ii) pay admin istrative expenses of
CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in
prior fiscal years or (based on delinquencies in the payment of special taxes which have
already taken place) are expected to occur in the fiscal year in which the tax will be
collected.
“Subdivision” means the division, by any subdivider, of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguo us units, for the purpose of sale, lease, or
financing whether immediate or future. Property shall be considered as contiguous units,
even if it is separated by roads, streets, utility easement or railroad rights -of-way.
“Subdivision” includes a condominium project, as defined in Section 4125 of the Civil
Code, a community apartment project, as defined in Section 4105 of the Civil Code.
EXHIBIT D
D-4
“Taxable Property” means all of the assessor’s parcels within the boundaries of CFD
No. 11 which are not exempt from the special tax pursuant to law or Section E below.
B. CALCULATION OF RESIDENTIAL UNITS
On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine
how many residential units are built, or allowed to be built, on assessor’s parcels within
CFD No. 11. For parcels of undeveloped property zoned for development of single-family
units attached, the number of residential units shall be determined by referencing the
condominium plan, apartment plan site plan or other development plan, or by assigning
the maximum allowable units permitted based on the underlying zoning for the parcel.
Once a single-family attached building or buildings have been built on an assessor’s
parcel, the City or its designee shall determine the actual number of residential units
contained within the building or buildings, and the special tax levied against the parcel in
the next fiscal year shall be calculated by dividing the Special Tax Requirement by the
actual number of residential units not to exceed the Maximum Special Tax per residential
unit identified for the final map in Section C, Table 1 below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11
shall be specific to each final map within CFD No. 11. When additional property is
annexed to CFD No. 11, the rate and method adopted for the annexed property shall
reflect the MST for the final map or final maps then annexed. The Maximum Special Tax
for Fiscal Year 2022-2023 for a residential unit within Final Tract Map No. 6370 is
identified in Table 1 below:
Table 1
Maximum Special Tax
(Fiscal Year 2022-2023)*
Final Tract Map Number**
Maximum Special Tax
6370
$179.62 per Residential Unit
*Beginning in January of each year, the MST will be adjusted upward annually
by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for
the San Francisco Region for the prior 12-month period (December through
December) as published in the Engineering News Record, or published in a
comparable index if the Engineering News Record is discontinued or otherwise
not available. Each annual adjustment of the MST shall become effective on
the subsequent July 1.
** A Special Tax shall be levied on all parcels within an identified final map
except excluded parcels as identified in Attachment 1.
EXHIBIT D
D-5
D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX
Commencing with Fiscal Year 2022-2023, the Special Tax shall be levied on all taxable
parcels as follows:
Step 1: Determine the Special Tax Requirement (as defined in Section A
above) for the fiscal year in which the Special Tax will be collected;
Step 2: Calculate the total special tax revenues that could be collected from
taxable property within CFD No. 11 based on applying the Maximum
Special Tax rates determined pursuant to Section C above to the
number of residential units on each parcel of taxable property in CFD
No. 11;
If the amount determined in Step 1 is greater than or equal to the
amount calculated in Step 2, levy the Maximum Special Tax set forth in
Table 1 above on all parcels of taxable property in CFD No. 11;
If the amount determined in Step 1 is less than the amount calculated
in Step 2, levy the Special Tax proportionately against all parcels of
taxable property up to 100% of the Maximum Special Tax for each
subdivision as identified in Table 1, until the amount of the Special Tax
levy equals the Special Tax Requirement for that fiscal year.
The Special Tax for CFD No. 11 shall be collected in the same manner and at the same
time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may
(under the authority of Government Code 53340), in any particular case, bill the taxes
directly to the property owner off of the County of Fresno tax roll, and the Special Taxes
will be equally subject to penalties and foreclosure if delinquent.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special
Tax, no Special Tax shall be levied on parcels that have been conveyed to a public
agency, except as otherwise provided in City Law, and properties receiving a welfare
exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In
addition, no Special Tax shall be levied on excluded parcels or parcels that are
determined not to be developable lots.
EXHIBIT D
D-6
ATTACHMENT 1
City of Fresno
Community Facilities District No. 11
Annexation No. 143
Excluded Parcels
THERE ARE NO EXCLUDED PARCELS IN
FINAL TRACT MAP NO. 6370
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-571 Agenda Date:4/20/2023 Agenda #:
1.-Q.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning Division
ADRIAN GONZALEZ, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning Division
SUBJECT
RESOLUTION - Of Intention to Annex Final Tract Map No. 6350 as Annexation No. 142 to
the City of Fresno Community Facilities District No. 11 and to Authorize the Levy of
Special Taxes; and setting the public hearing for Thursday, May 25, 2023, at 10:05 am
(located on the northwest corner or North Parc West Drive and West Holland Avenue)
(Council District 1)
RECOMMENDATION
Adopt Resolution of Intention to Annex Final Tract Map No. 6350 to City of Fresno Community
Facilities District No. 11 (CFD No. 11).
EXECUTIVE SUMMARY
The landowner (Granville Homes) has petitioned the City of Fresno to have Final Tract Map No. 6350
(73 Lot Single-Family Home Subdivision) annexed to CFD No. 11 to provide funding for the Services
(as hereafter defined) pertaining to certain required above ground public improvements associated
with this subdivision. The cost for the Services for these improvements is $821.52 per lot for Final
Tract Map No. 6350 annually for Fiscal Year 2022-2023, which includes Final Tract Map No. 6350’s
share of the services provided to Parc West Drive. Final Tract Map No. 6350 is located entirely
within City limits. The Resolution of Intention begins the process, sets the required public hearing for
Thursday, May 25, 2023, at 10:05 am, and defines the steps required to complete the annexation.
(See attached Location and Feature Maps.)
BACKGROUND
Subdivision: 6350
Developer: Granville Homes
City of Fresno Printed on 4/26/2023Page 1 of 3
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4-20-2023
NE/AP 6-0
LC ABSENT
R. 2023-101
APPROVED ON CONSENT
File #:ID 23-571 Agenda Date:4/20/2023 Agenda #:
1.-Q.
Number of Lots:73
Maximum Special Tax Per Lot: $821.52
Features: Landscaping, concrete, and hardscaping
On November 15,2005,the Council of the City of Fresno adopted Council Resolution No.2005-490
forming CFD No.11 to fund public maintenance of landscaping,open spaces,local streets,local
street lights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and
services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3
of the Fresno Municipal Code (City Law).
The landowner has made a request to the City of Fresno to have Final Tract Map No.6350 annexed
to CFD No.11 to provide the funding for the operation and reserves for maintenance (Services)
pertaining to certain required above ground public improvements within the dedicated City public
easements and Outlots;this includes the landscaping,trees and irrigation systems;concrete curbs,
gutters,valley gutters,major street median capping and maintenance band,sidewalks and curb
ramps,street name signage,street lighting,and local street paving associated with this subdivision.
(See attached Location and Feature Maps.)
Final Tract Map No.6350 is not a phased map and is located entirely within City limits.Parc West is
a phased development and is located entirely within City limits.This Annexation is Phase II of the
larger Parc West development.
The attached Resolution initiates the annexation process,sets the public hearing on this matter for
Thursday,May 25,2023,at 10:05 am,sets the Maximum Special Tax at $821.52 annually per
residential lot for Fiscal Year 2022-2023 and sets the annual adjustment of the Special Tax to be
adjusted upward annually by 2%or by the rise of the Construction Cost Index (CCI),if it exceeds 2%
for the San Francisco Region.
Annexations to existing community facilities districts are permitted under City Law.The legislative
body must follow certain prescribed procedures as outlined below:
·Adoption of a Resolution of Intention to Annex to CFD No. 11
·Required 7-day minimum Notice of Public Hearing
·Public hearing on Annexation and Levy of Special Tax
·Call a Special Mailed-Ballot Election on the proposed Special Tax
·Declare the Results of the Election
·Formal Adoption of Special Tax Levy (if election passes)
The attached Resolution has been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this
action is not a project.
LOCAL PREFERENCE
City of Fresno Printed on 4/26/2023Page 2 of 3
powered by Legistar™
File #:ID 23-571 Agenda Date:4/20/2023 Agenda #:
1.-Q.
Local preference was not implemented,as this item does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
No City funds will be involved.All costs for services will be borne by the property owners within the
subject tract.
Attachments:
Location Map
Feature Map
Resolution of Intention
City of Fresno Printed on 4/26/2023Page 3 of 3
powered by Legistar™
BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA
ALLUVIAL
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRIN
TEAGUE
ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW
MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN
TRAFFIC OPERATIONS AND PLANNING DIVISION
FINAL TRACT MAP NO. 6350
DISTRICT 1
ANNEXATION NO. 142
COMMUNITY FACILITIES DISTRICT NO. 11
FINAL TRACT MAP NO. 6350
BUFFERS/PARKWAYS/MEDIAN
TREES & SHRUBS = 8,350 SF
SMALL TREES = 35 EA
LARGE TREES = 3 EA
FEATURES TO BE ADDED BY ANNEXATION NO. 142
COMMUNITY FACILITIES DISTRICT NO. 11
TRAFFIC OPERATIONS AND PLANNING DIVISION
N
STREET LIGHTS:
LOCAL STREET PAVEMENT:CONCRETE IMPROVEMENTS:LANDSCAPE AND IRRIGATION:
TOTAL = 16 EACH
CURB & GUTTER = 5,501 LF
VALLEY GUTTER = 2,479 SF
SIDEWALK & CURB RAMPS = 31,050 SF
ASPHALT = 96,823 SF
STAMPED CONCRETE = 243 SF
MEDIAN CURB = 250 LF
STREET NAME SIGNS:
TOTAL = 8 EACH
BlackstoneNees
Herndon
Bullard
Shaw
Ashlan
Shields
McKinley
Belmont
Whites Bridge
Alluvial
Sierra
Barstow
Gettysburg
Dakota
Clinton
Olive GarfieldBryanGrantlandChateau FresnoHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan
Dakota
Shields
Clinton
McKinley
Olive
Belmont
Tulare
Butler
California
Church
Jensen
Annadale
North
Kings CanyonMaroaInternational
Copper
Behymer
Shepherd
Nees
Herndon
Bullard
Shaw
Gettysburg
Teague
Alluvial
Sierra
Barstow
Perrin
ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongChestnutPeachWillowMinnewawaMalaga
American
CedarOrangeMapleElmEastFigCherryMarksWestWalnutHughesFruitGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKearney
Muscat
North
Annadale
Muscat
Central
California
Jensen
Church
Central
Nielsen
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CITY OF FRESNOMAINTENANCECFD11 ANNEXATION
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Legend
State Routes
Rail Road
Street Centerline
CFD11
City Boundary Limits
µ
Exhibit A
Date: 3/13/2015
OUTLOT A
FINAL TRAC
T
MAP NO. 635
0
CITY OF FRESNO - Public Works Department
ANNEXATION MAP NO. 142 OF
COMMUNITY FACILITIES DISTRICT NO. 11
OF THE CITY OF FRESNO, FRESNO COUNTY,
CALIFORNIA
CFD11 142 A1
1-P-1482
REFERENCE: BOUNDARY MAP OF CITY OF FRESNO COMMUNITY FACILITIES
DISTRICT NO. 11, RECORDED NOVEMBER 8, 2005 AT BOOK 41, PAGE 61 OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE
RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA
DOC.
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS DAY
OF , 2023.
ATTEST:
TODD STERMER, CMC
CITY CLERK OF THE CITY OF FRESNO
BY:
DEPUTY
I HEREBY CERTIFY THAT THE ANNEXATION MAP NO. 142 OF THE COMMUNITY
FACILITIES DISTRICT NO. 11, CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA WAS ADOPTED BY THE COUNCIL OF THE CITY OF FRESNO BY
RESOLUTION NO. 2023- ON , 2023.
ATTEST:
TODD STERMER, CMC
CITY CLERK OF THE CITY OF FRESNO
BY:
DEPUTY
THIS ANNEXATION MAP NO. 142 OF THE CITY OF FRESNO COMMUNITY
FACILITIES DISTRICT NO. 11, WAS FILED THIS DAY OF , 2023
AT THE HOUR OF O'CLOCK M AT BOOK 46, PAGE OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE
COUNTY RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA
PAUL DICTOS, C.P.A.
COUNTY RECORDER OF THE COUNTY OF FRESNO
BY:
NTERRITORY TO BE ANNEXED
TO THE CITY CFD NO. 11
BOUNDARY LINE OF NEW
TERRITORY
NOTE: FOR PARCEL DIMENSIONS, SEE ASSESSOR'S MAP BOOK PAGES
EXEMPT FROM SB2 FEES PER GOVERNMENT CODE SECTION 27388.1(a)(2)(D)
EXHIBIT B
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-572 Agenda Date:4/20/2023 Agenda #:
1.-R.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning Division
ADRIAN GONZALEZ, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning Division
SUBJECT
RESOLUTION - Of Intention to Annex Final Tract Map No. 6212, 6276, and 6350 as Annexation No.
002 to the City of Fresno Community Facilities District No. 18 and to Authorize the Levy of Special
Taxes; and setting the public hearing for Thursday, May 25, 2023 at 10:00 am (T6212, located at the
southwest corner of North Parc West Drive and North Grantland Avenue; T6276, located on the
northwest corner of North Parc West Drive and North Grantland Avenue; T6350, located on the
northeast corner of North Parc West Drive and West Holland Avenue) (Council District 1)
RECOMMENDATION
Adopt Resolution of Intention to Annex Final Tract Map No. 6212, 6276, and 6350 to City of Fresno
Community Facilities District No. 18 (CFD No. 18).
EXECUTIVE SUMMARY
The landowners (Lennar Homes and Granville Homes) have petitioned the City of Fresno (City) to
have Final Tract Map No. 6212, 6276, and 6350 (84 Lot Single-Family Home Subdivision, 83 Lot
Single-Family Home Subdivision, and 73 Lot Single-Family Home Subdivision, respectively) annexed
to Community Facilities District No. 18 - Public Safety Services (CFD No. 18) to provide funding for
the Services (as hereafter defined) pertaining to policy and fire safety/protection/suppression services
associated with the proposed development(s). The cost for these Services is $164.00 per lot annually
for Fiscal Year 2022-2023. Final Tract Map No. 6212, 6276, and 6350 are located entirely within City
limits. The Resolution of Intention begins the process, sets the required public hearing for Thursday,
May 25, 2023, at 10:00 am, and defines the steps required to complete the annexation. (See
attached Location Map).
BACKGROUND
City of Fresno Printed on 4/26/2023Page 1 of 3
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04/20/2023
NE/AP 6-0
LC ABSENT
R. 2023-102
APPROVED ON CONSENT
File #:ID 23-572 Agenda Date:4/20/2023 Agenda #:
1.-R.
Subdivision: 6212, 6276, 6350
Developer: Lennar Homes/Granville Homes
Number of Lots: 84, 83, and 73
Maximum Special Tax Per Lot: $164.00
On December 1,2022,the Council of the City of Fresno adopted Council Resolution No.2022-279
forming CFD No.18 to fund Services pertaining to police and fire safety,protection,and suppression
services,as defined under the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,
Article 3, of the Fresno Municipal Code (City Law).
The landowners have petitioned (including waivers)the City of Fresno to have Final Tract Map No.
6212,6276,and 6350 annexed to CFD No.18 to provide the funding for the Services pertaining to
police and fire safety,protection,and suppression services associated with the planned
developments. (See attached Location Map.)
Final Tract Map No.6212,6276,and 6350 are not phased maps and are located entirely within City
limits.
The attached Resolution initiates the annexation process,sets the public hearing on this matter for
Thursday,May 25,2023,at 10:00 am,sets the total Maximum Special Tax for the Public Safety
Services to be provided by CFD No.18 annually for Fiscal Year 2022-2023 at $164.00 per lot and
sets the Special Tax to be adjusted upward annually by 2%or by the rise of the Construction Cost
Index (CCI), if it exceeds 2% for the San Francisco Region.
Annexations to existing community facilities districts are permitted under City Law.The legislative
body must follow certain prescribed procedures as outlined below:
·Adoption of a Resolution of Intention to Annex to CFD No. 18
·Required 7-day minimum Notice of Public Hearing
·Public hearing on Annexation and Levy of Special Tax
·Call a Special Mailed-Ballot Election on the proposed Special Tax
·Declare the Results of the Election
·Formal Adoption of Special Tax Levy (if election passes)
The attached Resolution has been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this
action is not a project.
LOCAL PREFERENCE
Local preference was not implemented,as this item does not include a bid or award of a construction
or services contract.
City of Fresno Printed on 4/26/2023Page 2 of 3
powered by Legistar™
File #:ID 23-572 Agenda Date:4/20/2023 Agenda #:
1.-R.
FISCAL IMPACT
No City funds will be involved.All costs for services will be borne by the property owners within the
subject tract.
Attachment(s):
Location Map
Resolution of Intention
City of Fresno Printed on 4/26/2023Page 3 of 3
powered by Legistar™
BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA
ALLUVIAL
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRIN
TEAGUE
ALLUVIALMILLBROOKMAPLEWILLOW
MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANMAROAFRESNON
LOCATION MAP
TRAFFIC OPERATIONS AND PLANNING DIVISION
COMMUNITY FACILITIES DISTRICT NO. 18
FINAL TRACT
MAP NO. 6276
FINAL TRACT
MAP NO. 6212
ANNEXATION NO. 002
FINAL TRACT
MAP NO. 6350
BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA
ALLUVIAL
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRIN
TEAGUE
ALLUVIALMILLBROOKMAPLEWILLOW
MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANMAROAFRESNON
EXHIBIT A
TRAFFIC OPERATIONS AND PLANNING DIVISION
COMMUNITY FACILITIES DISTRICT NO. 18
FINAL TRACT
MAP NO. 6310
FINAL TRACT
MAP NO. 6234
OUTLOT AFINAL TRAC
T
MAP NO. 6212
FINAL TRAC
T
MAP NO. 6276
FINAL TRACT
MAP NO. 635
0
CITY OF FRESNO - Public Works Department
ANNEXATION MAP NO. 002 OF
COMMUNITY FACILITIES DISTRICT NO. 18
OF THE CITY OF FRESNO, FRESNO COUNTY,
CALIFORNIA
CFD18 002 A1
1-P-1483
REFERENCE: BOUNDARY MAP OF CITY OF FRESNO COMMUNITY FACILITIES
DISTRICT NO. 18, RECORDED OCTOBER 26, 2022 AT BOOK 46, PAGE 81 & 82 OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE
RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA
DOC.
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS DAY
OF , 2023.
ATTEST:
TODD STERMER, CMC
CITY CLERK OF THE CITY OF FRESNO
BY:
DEPUTY
I HEREBY CERTIFY THAT THE ANNEXATION MAP NO. 002 OF THE COMMUNITY
FACILITIES DISTRICT NO. 18, CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA WAS ADOPTED BY THE COUNCIL OF THE CITY OF FRESNO BY
RESOLUTION NO. 2023- ON , 2023.
ATTEST:
TODD STERMER, CMC
CITY CLERK OF THE CITY OF FRESNO
BY:
DEPUTY
THIS ANNEXATION MAP NO. 002 OF THE CITY OF FRESNO COMMUNITY
FACILITIES DISTRICT NO. 18, WAS FILED THIS DAY OF , 2023
AT THE HOUR OF O'CLOCK M AT BOOK 46, PAGE OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE
COUNTY RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA
PAUL DICTOS, C.P.A.
COUNTY RECORDER OF THE COUNTY OF FRESNO
BY:
NTERRITORY TO BE ANNEXED
TO THE CITY CFD NO. 18
BOUNDARY LINE OF NEW
TERRITORY
NOTE: FOR PARCEL DIMENSIONS, SEE ASSESSOR'S MAP BOOK PAGES
EXEMPT FROM SB2 FEES PER GOVERNMENT CODE SECTION 27388.1(a)(2)(D)
EXHIBIT B
EXHIBIT C
C-1
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 18
FORMATION
(PUBLIC SAFETY SERVICES)
Description of Services currently Financed by Community Facilities District No.
18
Services:
The services to be funded, in whole or in part, by the District include all direct and
incidental costs related to providing for the funding of public safety services within the
area of the District. More specifically, the services shall include, but not be limited to,
police and fire safety/protection/suppression services. The District may fund any of the
following related to the services described in the preceding sentence: obtaining,
constructing, furnishing, operating and maintaining equipment, apparatus or facilities
related to providing the services and/ or equipment, apparatus, facilities or fixtures in
areas to be maintained, paying the salaries and benefits of personnel necessary or
convenient to provide the services, payment of insurance costs and other related
expenses and the provision of reserves fo r repairs and replacements and for the future
provision of services. It is expected that the services will be provided by the City, either
with its own employees or by contract with third parties, or any combination thereof.
The services to be financed by the District are in addition to those provided in the territory
of the District before the date of creation of the District and will not supplant services
already available within that territory when the District is created.
Administrative Expenses:
The administrative expenses to be funded by the District include the direct and indirect
expenses incurred by the City in carrying out its duties with respect to the District
(including, but not limited to, the levy and collection of the special taxes) includi ng the
fees and expenses of attorneys, any fees of the City related to the District or the collection
of special taxes, an allocable share of the salaries of the City staff directly related thereto
and a proportionate amount of the City’s general administrative overhead related thereto,
any amounts paid by the City from its general fund with respect to the District or the
services authorized to be financed by the District, and expenses incurred by the City in
undertaking action to foreclose on properties for which the payment of special taxes is
delinquent, and all other costs and expenses of the City in any way related to the District.
Other:
The incidental expenses that may be funded by the District include, in addition to the
administrative expenses identified above, the payment or reimbursement to the City of all
costs associated with the establishment and administration of the District.
EXHIBIT C
C-2
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 18
ANNEXATION NO. 002
(PUBLIC SAFETY SERVICES)
Description of Services to be Financed by Community Facilities District No. 18
for Annexation No. 002 (Final Tract Map Nos. 6212, 6276, and 6350)
The operations and reserves for police and fire safety/protection/suppression services
(Services) that are to be financed by Community Facilities District No. 18 (CFD No. 18)
for Final Tract Map Nos. 6212, 6276, and 6350 are generally as described below.
The Services shall include all costs attributable to obtaining, constructing, furnishing,
operating and maintaining equipment, apparatus or facilities related to providing the
services and/or equipment, apparatus, facilities or fixtures in areas to be maintained,
paying the salaries and benefits of personnel necessary or convenient to provide the
services, payment of insurance costs and other related expenses (including reserves for
repairs and replacements and for future provision of services).
Maintenance costs will include a proportionate share of all other expenses that the City
of Fresno (City) may incur in administering CFD No. 18.
All Services shall be provided by the City, with its own forces or by contract with third
parties, or any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed
as committing the City or CFD No. 18 to provide all of the authorized Services or to
provide for the payment of or reimbursement for all of the authorized incidental expenses.
The provision of Services and/or payment or reimbursement of incidental expenses shall
be subject to the continued existence of CFD No. 18 and the availability of sufficient
proceeds of special taxes within the CFD No. 18.
EXHIBIT D
D-1
RATE AND METHOD OF APPORTIONMENT
FOR CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 18
(PUBLIC SAFETY SERVICES)
Annexation No. 002
A Special Tax shall be levied and collected in City of Fresno Community Facilities District
No. 18 (Public Safety Services) (“CFD No. 18”) each Fiscal Year, in an amount
determined by the application of the procedures below. All Taxable Property (as defined
below) in CFD No. 18, unless exempted by law or by the provisions hereof, shall be taxed
for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means an "Accessory Dwelling Unit" as
defined in California Government Code Section 65852.2 (j) (1), as may be amended
from time to time, that is accessory to a single-unit dwelling. The ADU may be on
the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s
Parcel. For purposes of clarification, where an ADU and primary Unit are on the
same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered
a separate Unit from the primary Unit on such Assessor’s Parcel for purpose s of the
Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s
Parcel will be taxed as an ADU only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an
Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the
event the Assessor’s Parcel Map or Assessor’s Data shows no Acreage, the
Acreage for any Assessor’s Parcel shall be determined by the CFD Administrator
based upon the applicable final map, parcel map, condominium plan, or other
recorded County parcel map. If the preceding maps are not available, the Acreage
of an Assessor’s Parcel may be determined utilizing GIS.
“Act” means, collectively, Article 3 of Chapter 8 of the Municipal Code of the City
and the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State.
“Administrative Expenses” means the actual or reasonably estimated costs
directly related to the administration of CFD No. 18 including, but not limited to, the
following: the costs of computing the Annual Special Tax Requirement and of
preparing the Special Tax collection schedules; the costs of collecting the Special
Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s
Office or Treasurer’s Office; the costs of the City or designee in complying with the
disclosure requirements of the California Government Code (including the Act),
EXHIBIT D
D-2
including public inquiries regarding the Special Tax; the costs of the City or designee
related to an appeal of the Special Tax; and the costs of commencing and pursuing
to completion any action arising from any delinquent Special Tax in CFD No. 18.
Administrative Expenses shall also include amounts estimated or advanced by the
City or CFD No. 18 for any other administrative purposes, including, but not limited
to, attorney’s fees.
“Annual Services Costs” means the respective annual amounts determined by the
CFD Administrator as reasonably needed to fund services authorized to be funded
by CFD No. 18 for the applicable yearly period.
“Annual Special Tax Requirement” means that amount with respect to CFD No.
18 determined by the CFD Administrator or designee as required in any Fiscal Year
to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any
amount required to establish or replenish any reserve or replacement fund
established in connection with CFD No. 18, and (4) an amount equal to reasonably
anticipated delinquent Special Tax based on the delinquency rate for any Special
Tax levied in the previous Fiscal Year (or as projected by the CFD Administrator for
the first Fiscal Year Special Tax levy).
“Assessor’s Data” means Units or other information contained in the records of the
County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s
Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County
designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that
number assigned to such Assessment’s Parcel by the County Assessor for purp oses
of identification.
“CFD Administrator” means an official of the City, or designee thereof, responsible
for determining the Annual Special Tax Requirement and providing for the levy and
collection of the Special Taxes.
“CFD No. 18” means the City of Fresno Community Facilities District No. 18 (Public
Safety Services).
“City” means the City of Fresno, California.
“City Council” means the City Council of the City, acting as the legislative body of
CFD No. 18.
“County” means the County of Fresno, California.
“County Assessor” means the County Assessor of the County.
EXHIBIT D
D-3
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No.
18 for which a building permit for new construction was issued by the City prior to
June 30 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No.
18 which are exempt from the Special Tax pursuant to Section E.
“Final Subdivision Map” means a subdivision of property created by recordation
of a final subdivision map, parcel map or lot line adjustment, approved by the City
pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code 4120,
that creates individual lots for which residential building permits may be issued
without further subdivision of such property.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
“GIS” means a geographic information system.
“Maximum Special Tax” means the maximum Special Tax authorized to fund the
Annual Special Tax Requirement in any Fiscal Year that may apply to Taxable
Property as described in Section C.
“Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s
Parcels of Developed Property with two or more Units that share a single Assessor’s
Parcel Number, are offered for rent to the general public (or for resident manager
purposes), and cannot be purchased by individual homebuyers, according to
Assessor’s Data or as otherwise known by the CFD Administrator. Multi -Family
Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed
Property with one Unit with a single Assessor’s Parcel Number that is a
condominium pursuant the definition in Civil Code Section 4125 or a townhome.
“Open Space Property” means property within the boundaries of CFD No. 18
which (i) has been designated with specific boundaries and Acreage on a Final
Subdivision Map as open space, (ii) is classified by the County Assessor as open
space, (iii) has been irrevocably offered for dedication as open space to the federal
government, the State, the County, the City, or any other public agency, or (iv) is
encumbered by an easement or other restriction required by the City limiting the use
of such property to open space.
“Property Owner’s Association” means any duly constituted property owner’s
association. As used in this definition, a Property Owner’s Association includes any
home-owner’s association, condominium owner’s association, master or sub -
association or non-residential owner’s association.
“Property Owner’s Association Property” means any property within the
boundaries of CFD No. 18 which is (a) owned by a Property Owner’s Association or
(b) designated with specific boundaries and Acreage on a Final Subdivision Map as
property owner association property.
EXHIBIT D
D-4
“Proportionately” means for Taxable Property that the ratio of the Special Tax levy
to the Maximum Special Tax is equal for all Assessors’ Parcels of Taxable Property
levied within each land use category within CFD No. 18.
“Public Property” means any property within the boundaries of CFD No. 18 which
(i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a
public agency, or (iii) is designated with specific boundaries and Acreage on a Final
Subdivision Map as property which will be owned by a public agency. For purposes
of this definition, a public agency includes the federal government, the State, the
County, the City, school districts, or any other public agency.
“Single Family Residential Property” means all Assessor’s Parcels Developed
Property for which a building permit(s) has been issued for a residential structure
intended as a single primary Unit, or as a single primary Unit and an ADU.
“Special Tax(es) means the amount levied in each Fiscal Year on each Assessor’s
Parcel of Taxable Property to fund the Annual Special Tax Requirement .
“State” means the State of California.
“Tax Zone” means a mutually exclusive geographic area within which the Special
Tax may be levied pursuant to this Rate and Method of Apportionment. All the
Taxable Property within CFD No. 18 at the time of its formation is within Tax
Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD
No. 18, and a separate Maximum Special Tax shall be identified for property within
each new Tax Zone at the time of such annexation. The Assessor’s Parcels included
within a new Tax Zone when such Parcels are annexed to CFD No. 18 shall be
identified by Assessor’s Parcel number in the annexation documents at the time of
annexation.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of
CFD No. 18 that are not exempt from the Special Tax pursuant to law or Section E
below.
“Undeveloped Property” means all of the Assessor’s Parcels of Taxable Property
within the boundaries of CFD No. 18 that are not Developed Property.
“Unit” means any individual, townhome, condominium, apartment, including each
separate living area within a half-plex, duplex, triplex, fourplex, or other residential
structure, including ADUs.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the
boundaries of CFD No. 18 that have been granted a welfare exemption by the
County under subdivision (g) of Section 214 of the Revenue and Taxation Code.
EXHIBIT D
D-5
B. DETERMINATION OF TAXABLE PARCELS
On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the
valid Assessor’s Parcel Numbers for all property within CFD No. 18. If any
Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall
determine the new Assessor’s Parcel Number or Numbers in effect for the then-
current Fiscal Year. To the extent a Parcel or Parcels is/are subdivided,
consolidated, or otherwise reconfigured, the Maximum Special Tax shall be
assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD
Administrator shall also determine: (i) the Tax Zone within which each Parcel is
located; (ii) which Parcels are Taxable Property; (iii) the number of Units each Parcel
contains; (iv) the property type, i.e., Single Family Residential Property, Multi-Family
Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal
Year.
C. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Taxes for each Assessor’s Parcel of Taxable Property shall
be assigned below:
1. Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within
Tax Zone No. 1 shall be assigned according to Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX RATES
TAX ZONE NO. 1 - FISCAL YEAR 2022-2023
Land Use Category Maximum Special Tax Per
Single Family Residential
Property $164.00 Unit
Multi-Family Residential
Property $134.00 Unit
Accessory Dwelling Unit
50% of the applicable
Maximum Special Tax
Rate for the property
type of the primary
property land use
Unit
On July 1 of each Fiscal Year, the Maximum Special Taxes for Tax Zone No. 1
shall be adjusted upward annually by 2% or by the rise in the Construction Cost
Index (CCI) if it exceeds 2% for the San Francisco Region.
Different Maximum Special Taxes and tax escalation factors may be identified in
Tax Zones added to CFD No. 18 as a result of future annexations.
EXHIBIT D
D-6
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
All Taxable Property shall be subject to an annual Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the CFD Administrator.
The Annual Special Tax Requirement shall be apportioned to each Parcel within
CFD No. 18 by the method shown below.
First: Determine the Annual Special Tax Requirement.
Second: Levy the Special Tax on each Parcel of Developed Property,
Proportionately, up to the applicable Maximum Special Tax.
Notwithstanding the foregoing, under no circumstances will the Special Taxes on
any Assessor’s Parcel of Developed Property be increased by more than 10% as a
consequence of delinquency or default by the owner of any other Assessor’s Parcel
within CFD No. 18.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of
Special Tax, no Special Tax shall be levied on Undeveloped Property, Open Space
Property, Property Owner’s Association Property, Assessor’s Parcels with public or
utility easements making impractical their utilization for any use other than the
purposes set forth in the easement, or Public Property, except as otherwise provided
in Sections 53317.3, 53317.5 and 533401 of the Mello-Roos Community Facilities
Act of 1982.
Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year
the property qualifies as Welfare Exempt Property.
F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD
Administrator claiming that the amount or application of the Special Tax is not correct.
The appeal must be filed not later than one calendar year after having paid the
Special Tax that is disputed, and the appellant must be current in all payments of the
Special Tax. In addition, during the term of the appeal process, all Special Tax levied
must be paid on or before the payment date established when the levy was made.
The appeal must specify the reasons why the appellant claims the Special Tax is in
error. The CFD Administrator shall review the appeal, meet with the appellant if the
CFD Administrator deems necessary, and advise the appellant of its determination.
If the property owner disagrees with the CFD Administrator’s decision relative to the
appeal, the owner may then file a written appeal with the City Council whose
subsequent decision shall be final and binding on all interested parties. If the decision
of the CFD Administrator or subsequent decision by the City Council requires the
EXHIBIT D
D-7
Special Tax to be modified or changed in favor of the property owner, , then an
adjustment shall be made to credit the Special Tax in future years.
This procedure shall be exclusive and its exhaustion by any property owner shall be
a condition precedent to filing any legal action by such owner.
G. INTERPRETATIONS OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this
Rate and Method of Apportionment to correct any inconsistency, vagueness, or
ambiguity as it relates to the Special Taxes, method of apportionment, the
classification of Assessor’s Parcels, or any definition used herein, as long as such
correction does not materially affect the levy and collection of Special Taxes. In
addition, the interpretation and application of any section of this document shall be at
the CFD Administrator’s discretion.
H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided that the City may dire ctly bill the Special
Tax, may collect the Special Tax at a different time or in a different manner if needed
to meet the financial obligations of CFD No. 18.
Special Taxes shall continue to be levied and collected within CFD No. 18, as needed
to fund the Annual Special Tax Requirement, in perpetuity.
I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
J. REPEAL OF SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated
in by the owners of Assessor’s Parcels in CFD No. 18, the City shall cease to levy
the Special Tax and shall cease to be obligated to provide the authorized services
for which the Special Tax was levied. The obligations to provide the authorized
services previously funded by the repealed Special Tax shall become the joint
obligations of the property owners of Assessor’s Parcels within CFD No. 18.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-565 Agenda Date:4/20/2023 Agenda #:
1.-S.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, P.E., Director
Public Works Department
BY:BRIAN E. RUSSELL, Assistant Director
Public Works Department, Streets, Landscape, and Graffiti Divisions
MARK A. RIVAS, Senior Management Analyst
Public Works Department, Streets, Landscape, and Graffiti Divisions
SUBJECT
Actions pertaining to the award of a requirements contract to Vulcan Materials Co. in the amount up
to $5,826,127.50 for the purchase of Asphalt Concrete Material. (Bid File 12300991) (City-wide)
RECOMMENDATION
Staff recommends that the City Council award a requirements contract in the amount up to
$5,826,127.50 plus 20% contingency, per year, for one (1) year with the option for four (4) one-year
extensions to Vulcan Materials Co., as the lowest responsive and responsible bidder for the purchase
of Asphalt Concrete Material and to authorize the Public Works Director or designee to sign the
contract on the City’s behalf.
EXECUTIVE SUMMARY
The Street Maintenance Division of Public Works uses a requirements contract to purchase asphalt
concrete materials to be used by City crews for pavement maintenance in various locations in the
City of Fresno. Staff is currently purchasing materials utilizing a 6-month extension of the prior
contract. A re-bid was initiated to establish a new requirements contract on January 25, 2023.
Funding for this contract is included in the FY2023 budget. After evaluation, staff recommends award
of a one (1) year contract with the provisions for four (4) one-year extensions to Vulcan Materials Co.
in the amount up to $5,826,127.50 plus a 20% contingency per year.
BACKGROUND
The Department of Public Works Street Maintenance Division uses asphalt concrete materials for
various paving operations, such as pavement reconstruction, overlay, pothole repairs, and localized
asphalt patching. These materials are used by City crews throughout the year and are transported to
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various jobsites around the city. The execution of a requirements contract establishes a firm price,
secured through competitive bidding, for a specified time and allows the City to make material
purchases as needed.
In accordance with the City Procurement Handbook, Administrative Order 6-19, and CDBG
requirements, the Department of Public Works solicited bid proposals for the necessary materials
based on the average annual quantities of twelve separate pavement related products. The Bid
Specifications for the Asphalt Concrete Materials Requirements Contract was distributed to four (4)
Building Exchanges, sent directly to five (5) prospective bidders, and published on the City’s
PlanetBids Online site on January 25, 2023. A public bid opening was held on February 21, 2023
and two (2) bids were received. The two proposals received were in the amount of $5,826,127.50,
and $6,697,636.60. Ultimately, the second bid was deemed non-responsive since the bidder did not
turn in all of the required documents. Vulcan Materials Co. was the lowest responsive and
responsible bidder with a bid amount of $5,826,127.50.
Staff is in agreement that Vulcan Materials Co. is capable of providing the City of Fresno with the
necessary materials. The current bid reflects a 54% increase from the previous contract award. This
is due to both an increase in quantities in the bid specifications, and the increase in the price of oil.
The bid specifications were increased by 22% to accurately reflect the increase in product use
projections, as well as evaluation of prior purchases made by the Street Maintenance Division.
Additionally, industry wide cost increases related to the price of oil have contributed to the increase
cost. Staff is confident the City received competitively priced bids.
Funding for this contract is included in the FY2023 budget. It will be partially funded by Measure C
and SB1 Gas Tax, as well as projects funded by the HUD Community Development Block Grant
(CDBG) program and the American Rescue Plan Act (ARPA). These additional funding sources also
account for additional projects, which are reflected in the bid proposal estimated quantities and are
another reason for the increased overall bid amount. Since this is a requirements contract, there is
no obligation to purchase a minimum amount of material if budgets or scopes of work are adjusted.
Council may reject all bids. If this were to happen, the City would be without an alternate option to
purchase the necessary asphalt concrete materials for approximately sixty (60) days while the
contract is rebid. Such a delay would have a significant impact on the planned paving, pothole
repairs, and other pavement improvements currently planned across the city.
Staff recommends that the City Council award a requirements contract in the amount up to
$5,826,127.50 plus a 20% contingency per year for one (1) year with the option for four (4) one-year
extensions to Vulcan Materials Co., as the lowest responsive and responsible bidder for the purchase
of asphalt concrete materials and to authorize the Public Works Director or designee to sign the
contract on the City’s behalf.
ENVIRONMENTAL FINDINGS
This contract is not subject to environmental findings due to the fact that this contract is for the
purchase of materials and is not a project.
LOCAL PREFERENCE
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Local preference was not implemented due to the fact that this contract utilizes state funding. Also,
the bidder is a local business.
FISCAL IMPACT
No General Funds are budgeted for purchases on this contract. Appropriations in the FY2023 budget
are funded through Measure C and SB1 State Gas Tax funding.
Attachments:
Bid Evaluation
Fiscal Impact Statement
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-578 Agenda Date:4/20/2023 Agenda #:1.-T.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
SCOTT P. SEHM, PE, Public Works Manager
Engineering Division, Design Section
SUBJECT
Actions pertaining to the Citywide Countdown Pedestrian Head Project - Bid File 12300990
(Citywide)
1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section
15301/Class 1 and Section 15302/Class 2 of the California Environmental Quality Act (CEQA)
Guidelines
2. Award a construction contract in the amount of $214,934 to Pelagic Engineering, of Oxnard,
California
RECOMMENDATIONS
Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Section
15301/Class 1 (Existing Facilities) and Section 15302/Class 2 (Replacement or Reconstruction),
award a construction contract with Pelagic Engineering, of Oxnard, California in the amount of
$214,934 as the lowest responsive and responsible bidder, and authorize the Public Works Director
or designee to sign the construction contract on behalf of the City of Fresno.
EXECUTIVE SUMMARY
This Highway Safety Improvement Program (HSIP) project was awarded to the City of Fresno in
2021 with the Preliminary Engineering phase approved in the fall of that year. The proposed Citywide
Countdown Pedestrian Head Project will remove and replace existing pedestrian signal heads at
many of the signalized intersections along Barstow Avenue, Butler Avenue, Cedar/Champlain
Avenue, Jensen Avenue, Clovis Avenue, McKinley Avenue, West Avenue, Ashlan Avenue,
California/Ventura Avenue, Fresno Street, and Elm Avenue. The award of the construction contract
will facilitate the construction of the proposed improvements, which include the removal of existing,
non-countdown, pedestrian heads at these intersections which will then be replaced with countdown
pedestrian heads. This project is State funded through the Highway Safety Improvement Program
(HSIP).
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BACKGROUND
The Citywide Countdown Pedestrian Signalization Upgrade Project will remove and replace existing
pedestrian signal heads at many of the signalized along segments of Barstow Avenue,Butler
Avenue,Cedar/Champlain Avenue,Jensen Avenue,Clovis Avenue,McKinley Avenue,West Avenue,
Ashlan Avenue,California/Ventura Avenue,Fresno Street,and Elm Avenue,totaling eighty-nine (89)
intersections.The proposed work includes the removal of existing pedestrian heads at each
intersection,which will then be replaced with countdown heads to provide pedestrians clear notice of
when to proceed with crossing the intersections and how many seconds remain in the pedestrian
(walk)phase so they know if they will have adequate time to get through the intersection.The
engineering and design took approximately 12 months to complete.
A Notice Inviting Bids was published in the Business Journal and posted on the City’s website on
January 4,2023 and sent to 10 building exchanges.Specifications were distributed to 21 prospective
bidders.Five (5)sealed bids were received and opened in the public bid opening held at City Hall on
February 21,2023 with bid proposals ranging from $214,934 to $997,850.Pelagic Engineering,with
their bid of $214,934,was determined to be the lowest responsive and responsible bidder.The bids
expire on April 26,2023.If the bids are rejected or expire,the project must be rebid which will result
in a delay of approximately 60 days.
The Community Workforce Agreement (PLA),adopted by Council in September 2021,does not apply
to this contract because the engineer’s estimate for this project was less than $1 million,pursuant to
the terms of the PLA.
Staff is recommending award of a construction contract to Pelagic Engineering in the amount of
$214,934 for the Citywide Countdown Pedestrian Head Project as the lowest responsive and
responsible bidder and to authorize the Public Works Director or designee to sign and execute the
contract on behalf of the City of Fresno.
ENVIRONMENTAL FINDINGS
Staff has performed an environmental assessment of this project and has determined that it falls
within the Categorical Exemption set forth in CEQA Guidelines Section 15301/Class 1 (Existing
Facilities)and 15302/Class 2 (Replacement or Reconstruction).Section 15301/Class 1 exempts the
repair,maintenance,or minor alteration of existing structures or facilities,which includes existing
streets,sidewalk and gutters,and no further expansion of existing use.Section 15302/Class 2 which
exempts the replacement or reconstruction of existing structures and facilities where the new
structure will be located on the same site as the structure replaced.Furthermore,staff has
determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,
Section 15300.2, apply to this project.
LOCAL PREFERENCE
Local preference was not implemented based on conditions of the state grant funding.
FISCAL IMPACT
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The Citywide Pedestrian Head Project is state funded by a Highway Safety Improvement Program
(HSIP)state grant.Required local match is funded by SB1 Road Maintenance and Rehabilitation
Account (RMRA)funds.All funds necessary for the contract award are included in the City Council
adopted current fiscal year budget.
Attachments:
Vicinity Map
CEQA Environmental Assessment
Bid Evaluation
Fiscal Impact Statement
Standardized Contract
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Whites Bridge
MapleBrawleyHerndon
Bullard
Shaw
ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields
McKinley
Belmont
ChestnutPeachAmerican
CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth
California
Jensen
Ashlan GrantlandHayesCorneliaBrawleyMarksShaw
Bullard
Herndon
Nees
De WolfShields
McKinley
Belmont
California
Jensen
North
Kings Canyon
AshlanPeachBehymer
Copper
Shepherd
NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota
Clinton
Olive
Gettysburg
Barstow
Sierra
Alluvial
Nielsen
Kearney
Muscat
Annadale
Church
WillowMinnewawaMalaga
OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial
Sierra
Barstow
Perrin
SunnysideArmstrongLocanClinton
Olive
Tulare
Butler
Church
Annadale
DakotaMinnewawaInternational
Teague
Citywide CountdownPedestrian Head Project
N
0 1.5 30.75
Miles Project ID: PW00980Council District: 1,2,3,4,5,6,7
Citywide CountdownPedestrian Head Project
VICINITY MAP
DEPARTMENT OFPUBLIC WORKS
PW00980
District 1
District 2
District 3
District 4
District 5
District 6
District 7
City_Limits
CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. PW00980
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
APPLICANT: Steve Delsid, PE
Supervising Professional Engineer
City of Fresno Public Works Department
2600 Fresno Street, Room 4016
Fresno, CA 93721
PROJECT LOCATION: Barstow Avenue, Marks Avenue to Willow Avenue, Butler
Avenue, Hazelwood Boulevard to Peach Avenue,
Cedar/Champlain Avenue, Jensen Avenue to Valley Oak
Elementary, Clovis Avenue, Jensen Avenue to Shields Avenue,
McKinley Avenue, West Avenue to Clovis Avenue, West
Avenue, Clinton Avenue to Herndon Avenue, Ashlan Avenue,
Cornelia Avenue to Blythe Avenue, California/Ventura Avenue,
Fresno Street to C Street, Elm Avenue, North Avenue to
California Avenue, and Jensen Avenue and Cherry Avenue.
(City of Fresno Council District 1, 2, 3, 4, 5, and 6)
(County of Fresno)
PROJECT DESCRIPTION: The City of Fresno, Public Works Department, is proposing to
upgrade pedestrian heads at 89 intersections with countdown
traffic signal heads.
This project is exempt under Sections 15301/Class 1 and Section 15302/Class 2 of the
California Environmental Quality Act (CEQA) Guidelines. None of the exceptions to
Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this
project.
EXPLANATION:
Section 15301/Class 1 of the CEQA Guidelines exempts from the provisions of CEQA, projects
consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing at the
time of the lead agency's determination. The types of "existing facilities" itemized below are not
intended to be all-inclusive of the types of projects which might fall within Class 1. The key
consideration is whether the project involves negligible or no expansion of an existing use. An
example of this exemption includes existing highways and streets, sidewalks, gutters, bicycle
and pedestrian trails, and similar facilities (this includes road grading for the purpose of public
safety).
Section 15302/Class 2 consists of replacement or reconstruction of existing structures and
facilities where the new structure will be located on the same site as the structure replaced and
will have substantially the same purpose and capacity as the structure replaced, including but
not limited to: water main, sewage, electrical, gas, and other utility extensions, including street
improvements, of reasonable length to serve such construction.
The proposed project is consistent with Class 1 and Class 2 exemptions because the project is
proposing to make improvements to existing traffic signals. The proposed improvements are
minor, do not constitute an expansion of use, and will improve the public right-of-way without
increasing road capacity. The proposed project involves negligible expansion of the existing
use and will have substantially the same purpose.
Date: March 17, 2023
Prepared By: Steve Delsid, PE
Supervising Professional Engineer
Submitted by:
Steve Delsid, PE
City of Fresno
Public Works Department
(559) 621-8725
04/07/2023
Evaluation Form Rev. 07-2022
FISCAL IMPACT STATEMENT
PROGRAM: Citywide Pedestrian Head Project
PW00980
TOTAL OR ANNUALIZED
RECOMMENDATION CURRENT COST
Direct Cost $214,934
Indirect Cost $132,966
TOTAL COST $347,900
Additional
Revenue or Savings
Generated $0
Net City Cost $347,900
Amount Budgeted
(If none budgeted,
identify source) $311,600
indirect cost consists of the following:
Preliminary Engineering $54,900
Construction Engineering $56,600
Contingency $21,466
Total $132,966
The Citywide Pedestrian Head Project is state funded by a Highway Safety Improvement
Program (HSIP) state grant. Required local match is funded by SB1 Road Maintenance
and Rehabilitation Account (RMRA) funds.
DPW 23.0/01-06-12
DPW NO FED DIV I.pdf 1.18 rev. 04-21
CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California
municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows:
1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and
the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for
the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto,
together with all the drawings, plans, and documents specifically referred to in said annexed documents,
including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of
this Contract, and shall be known as the Contract Documents.
2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and
[Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees
to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the
satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set
forth in the Contract Documents.
3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the
consideration stated, at the times, in the amounts, and under the conditions specified in the Contract
Documents.
4. Indemnification. To the furthest extent allowed by law including California Civil Code
Section 2782, Contractor 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, Contractor or any other person, and from any and all claims,
demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to
have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the
preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents
or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures,
costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers,
officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Contract,
Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its
officers, officials, employees, agents and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Contract.
5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the
California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith.
6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of
the California Labor Code, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for worker’s compensation or to
undertake self-insurance in accordance with the provisions of that Code, and I will
comply with such provisions before commencing the performance of work of this
Contract and will make my subcontractors aware of this provision.
[Signatures follow on the next page.]
DPW 23.0/01-06-12
DPW NO FED DIV I.pdf 1.19 rev. 04-21
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below
written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this
Contract shall be binding and effective upon execution by both parties.
[Contractor Name],
[Legal Identity]
By:
Name:
(Type or print written signature.)
Title:
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated:
By:
Name:
(Type or print written signature.)
Title:
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
CITY OF FRESNO,
a California municipal corporation
By:
[Name], [Title]
Department of Public Works
Dated:
ATTEST:
72''67(50(5&0&
City Clerk
By:
Deputy
No signature of City Attorney required. Standard
Document #DPW 23.0 has been used without
modification as certified by the undersigned.
By:
[City Certifier Name]
[City Certifier Title]
Department of Public Works
City address:
City of Fresno
Attention: [Name], [Title]
[Street Address]
Fresno, CA [Zip]
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-603 Agenda Date:4/20/2023 Agenda #:
1.-U.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BILLY ALCORN, Interim Fire Chief
Fire Department
BY:RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
L. NATHAN SANCHEZ, Projects Administrator
Public Works Department, Site Development
SUBJECT
Actions pertaining to the new Fire Station 12 Project (Council District 1)
1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section
15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines
2. Award a construction contract in the amount of $78,445 to CVE Demolition Inc., of Fresno,
CA, as the lowest responsive and responsible bidder for the Demolition of the 3315 West
Ashlan Avenue Building - Bid File 12301188
RECOMMENDATION
Staff recommends that the City Council adopt a finding of Categorical Exemption per staff
determination, pursuant to Section 15332/Class 32 of the California Environmental Quality Act
(CEQA) Guidelines and award a construction contract to CVE Demolition Inc., in the amount of
$78,445, as the lowest responsive and responsible bidder, for the demolition of the existing building
at 3315 West Ashlan Avenue to clear the parcel for construction of the new Fire Station 12, and
authorize the Public Works Director or designee to sign a standardized construction contract on
behalf of the City.
EXECUTIVE SUMMARY
In December 2021, Council approved the purchase of the property located at 3315 West Ashlan
Avenue, for the construction of the new Fire Station 12. The property currently has a 7,600 square-
foot commercial building. The Fire Department’s initial plan was to remodel the interior space of the
existing building and construct a large-span metal building to house several fire apparatus and
additional space for storing turnouts, extractors, and other tools. The City entered into an agreement
for design and preparation of construction documents with The Taylor Group Architects in April 2022,
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for design and preparation of construction documents with The Taylor Group Architects in April 2022,
and upon evaluation of the site and existing structure,it was determined that renovations and
additions would not be sufficient for the new Fire Station 12 and that the existing structure should be
demolished.Council approval of the construction contract award is recommended in order to facilitate
the demolition of the existing on-site building at this location necessary to complete the project.
This construction contract award is for $78,445 and is fully funded through the Station 12
Construction Fund for the demolition phase of the construction project.
BACKGROUND
On December 9,2021,Council adopted the 36th Amendment to the Annual Appropriation Resolution
(AAR)No.2021-178 for the purchase of the 1.95-acre parcel located at 3315 West Ashlan Avenue
and design of construction documents for a new,permanent Fire Station 12.Constructed in 1977,the
current Fire Station 12 was designed as a residential structure with an extra-large garage attached
and houses a single engine company with four personnel.Due to the growth in the northwest portion
of Fresno over the past 45 years,the engine company has at times required assistance to
emergency responses from units outside of Fire Station 12’s district,which may have resulted in the
Fire Department not meeting the four-minute response time goal.As a result,the Fire Department
embarked on the project to develop a new,larger Fire Station 12 in close proximity to the current
station and successfully located the property at 3315 West Ashan Avenue.
The selected site at 3315 West Ashlan Avenue had been improved with a 7,600 square-foot
commercial building,which initially was envisaged to be remodeled and reconfigured to become the
new Fire Station 12.In May 2022,the City entered into an agreement for the design and preparation
of construction documents with the Taylor Group Architects.Included in the scope of the agreement
was the design and estimation of both a remodeled/reconfigured Station 12,and a new-construction
Fire Station 12.Upon evaluation of the remodeled and new design layouts,staff determined that the
new-construction Fire Station 12 layout would be more suitable to the needs of the Fire Department
and the City and Council directed staff to have the existing commercial building demolished to
alleviate any vandalism problems.The agreement with The Taylor Group was amended on June 16,
2022 to add the demolition bid package and corresponding oversite to the scope of services.
On October 13,2022,Council adopted the 12th Amendment to the Annual Appropriation Resolution
(AAR)No.2022-154 which re-appropriated $420,000 from the Station 12 Debt Service Fund to the
Station 12 Construction Fund for the demolition phase of the construction project.
On December 16,2022,staff published a Notice Inviting Bids,which was advertised on Planet Bids,
The Business Journal,and sent to ten building exchanges.Project plans and specifications were
distributed to 39 prospective bidders.Ten sealed bid proposals were received and opened in a public
bid opening on January 17,2023,with bids ranging from $78,445 to $446,000.CVE Demolition Inc.
of Fresno,CA,with their bid of $78,445 was determined to be the lowest responsive and responsible
bidder.The apparent low bid price was 75%below the Engineer’s Estimate.The expiration date of
the bids is April 24,2023.If the bids are rejected or expire,the project must be rebid which will result
in a delay of approximately 120 days.
The Community Workforce Agreement (PLA),adopted by Council in September 2021,does not apply
to this contract because the engineer’s estimate for this project was less than $1 million,pursuant to
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File #:ID 23-603 Agenda Date:4/20/2023 Agenda #:
1.-U.
to this contract because the engineer’s estimate for this project was less than $1 million,pursuant to
the terms of the PLA.
Staff recommends approval of the construction contract with CVE Demolition Inc.in the amount of
$78,445,as the lowest responsive and responsible bidder,and authorization of the Public Works
Director or designee to execute the contract on behalf of the city of Fresno.
The City Attorney’s Office has reviewed and approved as to form the construction contract.
ENVIRONMENTAL FINDINGS
Staff has determined that this project is categorically exempt from the requirements of CEQA
pursuant to Section 15332/Class 32 for In-Fill Development.The project is consistent with the
General Plan and zoning;occurs within the city limits on a site less than five acres;contains no
habitat for endangered species;would not result in any significant effects relating to traffic,noise,air
quality or water quality; and can be adequately served by all required utilities and public services.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,Section
15300.2 apply to the project.Furthermore,the proposed project is not expected to have a
significant or cumulative effect on the environment.The project is not located on a hazardous
waste site,a historical resource,or adjacent to a scenic highway.A categorical exemption,as
noted above, has been prepared for the project and the area is not environmentally sensitive.
LOCAL PREFERENCE
CVE Demolition Inc. is a local business, as defined by the Fresno Municipal Code.
FISCAL IMPACT
This project is located in City Council District 1.The proposed demolition contract will have no impact
to the General Fund.Funding for this project was approved by Council on October 13,2022,when
the 12th Amendment to the Annual Appropriation Resolution No.2022-154 was adopted,which re-
appropriated $420,000 from the Station 12 Debt Service Fund to the Station 12 Construction Fund for
the demolition phase of the construction project.
Attachment(s):
CEQA Environmental Assessment
Sample Contract
Vicinity Map
Bid Evaluation
Fiscal Impact Statement
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CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT XC00050
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
APPLICANT: City of Fresno
Department of Public Works 2600 Fresno Street
Fresno, CA 93721
PROJECT LOCATION: The proposed project is located on the south side of West Ashlan
Avenue, between North Valentine Avenue and North Feland Avenue
with an address of 3315 West Ashlan Avenue, Fresno.
(Council District 1)
PROJECT DESCRIPTION: The proposed project includes Construction of the new Fire Station No.
12. The 1.96 acres currently contains a 7,600 square foot retail
building, which will be demolished in order to construct a new 12,000
square foot building on the site. The construction of the Fire Station
building is critical to meet the demands of the city’s population growth
and increase in emergency calls.
This project is exempt under Section 15332/Class 32 of the California Environmental
Quality Act (CEQA) Guidelines as follows:
Under Section 15332/Class 32, the proposed project is exempt from CEQA requirements when
the project is characterized as in-fill development meeting the following conditions:
a) The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation and regulations.
By current standards, the subject site is identified as “in-fill” within an urban setting. This
project is located on a site within the City limits and is consistent with the Fresno General
Plan designation, policies, and zoning. The existing IL (Light Industrial) zone is consistent
with the fire station planned land use designations approved for this site by the Fresno
General Plan and the Fresno High-Roeding Community Plan.
b) The proposed development occurs within city limits on a project site of no more than five
acres substantially surrounded by urban uses.
The subject property is located on a site of approximately ±1.96 acres, which is less than the
five-acre maximum, and is surrounded by other urban uses.
c) The project has no value as habitat for endangered, rare or threatened species.
The project site contains previously disturbed land and surrounding developments consists of
a general retail, light industrial, and multi-family residential; therefore, the site has no value as
habitat for endangered, rare, or threatened species.
d) Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality.
Traffic
Senate Bill (SB) 743 requires that relevant CEQA analysis of transportation impacts be
conducted using a metric known as vehicle miles traveled (VMT) instead of Level of Service
(LOS). VMT measures how much actual auto travel (additional miles driven) a proposed
project would create on California roads. If the project adds excessive car travel onto our
roads, the project may cause a significant transportation impact.
The State CEQA Guidelines were amended to implement SB 743, by adding Section
15064.3. Among its provisions, Section 15064.3 confirms that, except with respect to
transportation projects, a project’s effect on automobile delay shall not constitute a significant
environmental impact. Therefore, LOS measures of impacts on traffic facilities are no longer
a relevant CEQA criteria for transportation impacts.
CEQA Guidelines Section 15064.3(b)(4) states that “[a] lead agency has discretion to choose
the most appropriate methodology to evaluate a project’s vehicle miles traveled, including
whether to express the change in absolute terms, per capita, per household or in any other
measure. A lead agency may use models to estimate a project’s vehicle miles traveled, and
may revise those estimates to reflect professional judgment based on substantial evidence.
Any assumptions used to estimate vehicle miles traveled and any revisions to model outputs
should be documented and explained in the environmental document prepared for the
project. The standard of adequacy in Section 15151 shall apply to the analysis described in
this section.”
On June 25, 2020, the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled
Thresholds, dated June 25, 2020, pursuant to Senate Bill 743 to be effective of July 1, 2020.
The thresholds described therein are referred to herein as the City of Fresno VMT
Thresholds. The City of Fresno VMT Thresholds document was prepared and adopted
consistent with the requirements of CEQA Guidelines Sections 15064.3 and 15064.7. The
December 2018 Technical Advisory on Evaluating Transportation Impacts in CEQA
(Technical Advisory) published by the Governor’s Office of Planning and Research (OPR),
was utilized as a reference and guidance document in the preparation of the Fresno VMT
Thresholds.
The City of Fresno VMT Thresholds adopted a screening standard and criteria that can be
used to screen out qualified projects that meet the adopted criteria from needing to prepare a
detailed VMT analysis.
The City of Fresno VMT Thresholds Section 3.0 regarding Project Screening discusses a
variety of projects that may be screened out of a VMT analysis including specific
development and transportation projects. For development projects, conditions may exist
that would presume that a development project has a less than significant impact. These may
be size, location, proximity to transit, or trip-making potential. For transportation projects, the
primary attribute to consider with transportation projects is the potential to increase vehicle
travel, sometimes referred to as “induced travel.”
Staff conducted research using the Fresno Council of Governments (COG) Vehicle Miles
Traveled (VMT) Screening Tool to determine the VMT for the proposed project. The adopted
threshold of significance is 13%, which means that projects that generate VMT in excess of
13% than the existing regional VMT per capita or per employee would have a significant
environmental impact; projects that meet the 13% threshold are determined to have a less
than significant effect on regional VMT. Using the COG tool, the proposed office project is
located within a low-VMT zone and is estimated to generate 10.1 VMT which is lower than
the 22.3 VMT (13%) threshold. Additionally, the project is located in a high-quality transit
buffer area pursuant to Fresno COG.
Noise
The project is a new fire station facility. The project site is located in a developed light
industrial area, and adjacent to existing general retail, light industrial, and multi-family use
residential; therefore, the project would not result in a significant amount of noise compared
to other adjacent uses and would be conditioned to comply with any applicable noise
standards of the Citywide Development Code.
Air Quality
The project is conditioned to comply with any applicable regulations from the San Joaquin
Valley Air Pollution Control District and the project is subject to review by the agency
regarding air quality during construction and operation. The project as described will not
occur at a scale or scope with potential to contribute substantially or cumulatively to existing
or projected air quality violations or impacts.
Water Quality
The project is further conditioned to comply with any applicable conditions from Public Works
or Utilities Department to ensure the project will not have an effect on water quality.
e) The site can be adequately served by all required utilities and public services.
Given the surrounding properties have been substantially developed and utilities and public
services already exist in the area, the site can be adequately served by all required utilities,
including sewer, water, and solid waste, as well as public services.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section
15300.2 apply to the project. Furthermore, the proposed project is not expected to have a
significant or cumulative effect on the environment. The project is not located on a hazardous
waste site, a historical resource, or adjacent to a scenic highway. A categorical exemption, as
noted above, has been prepared for the project and the area is not environmentally sensitive.
Date: March 31, 2023
Prepared By: L. Nathan Sanchez, Projects
Administrator
Submitted By: L. Nathan Sanchez
City of Fresno
Public Works Department
(559) 621-8682
DPW 23.0/01-06-12
DPW NO FED DIV I.pdf 1.18 rev. 04-21
CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California
municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows:
1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and
the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for
the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto,
together with all the drawings, plans, and documents specifically referred to in said annexed documents,
including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of
this Contract, and shall be known as the Contract Documents.
2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and
[Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees
to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the
satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set
forth in the Contract Documents.
3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the
consideration stated, at the times, in the amounts, and under the conditions specified in the Contract
Documents.
4. Indemnification. To the furthest extent allowed by law including California Civil Code
Section 2782, Contractor 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, Contractor or any other person, and from any and all claims,
demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to
have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the
preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents
or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures,
costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers,
officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Contract,
Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its
officers, officials, employees, agents and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Contract.
5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the
California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith.
6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of
the California Labor Code, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for worker’s compensation or to
undertake self-insurance in accordance with the provisions of that Code, and I will
comply with such provisions before commencing the performance of work of this
Contract and will make my subcontractors aware of this provision.
[Signatures follow on the next page.]
DPW 23.0/01-06-12
DPW NO FED DIV I.pdf 1.19 rev.04-21
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below
written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this
Contract shall be binding and effective upon execution by both parties.
[Contractor Name],
[Legal Identity]
By:
Name:
(Type or print written signature.)
Title:
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated:
By:
Name:
(Type or print written signature.)
Title:
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
CITY OF FRESNO,
a California municipal corporation
By:
[Name], [Title]
Department of Public Works
Dated:
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
No signature of City Attorney required. Standard
Document #DPW 23.0 has been used without
modification as certified by the undersigned.
By:
[City Certifier Name]
[City Certifier Title]
Department of Public Works
City address:
City of Fresno
Attention: [Name], [Title]
[Street Address]
Fresno, CA [Zip]
Whites Bridge
MapleBrawleyHerndon
Bullard
Shaw
ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields
McKinley
Belmont
ChestnutPeachAmerican
CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth
California
Jensen
Ashlan GrantlandHayesCorneliaBrawleyMarksShaw
Bullard
Herndon
Nees
De WolfShields
McKinley
Belmont
California
Jensen
North
Kings Canyon
AshlanPeachBehymer
Copper
Shepherd
NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota
Clinton
Olive
Gettysburg
Barstow
Sierra
Alluvial
Nielsen
Kearney
Muscat
Annadale
Church
WillowMinnewawaMalaga
OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial
Sierra
Barstow
Perrin
SunnysideArmstrongLocanClinton
Olive
Tulare
Butler
Church
Annadale
DakotaMinnewawaInternational
Teague
Demolition of Building3315 W. Ashlan Ave
N
0 1.5 30.75
Miles Project ID: FS00012Council District: 1
Demolition of existing building for Future Fire Station 12
VICINITY MAP
DEPARTMENT OFPUBLIC WORKS
District 1
City_Limits
3/9/2023
X
XC00050 Fire Station 12 Existing Building Demolition
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-320 Agenda Date:4/20/2023 Agenda #:
1.-V.
REPORT TO THE CITY COUNCIL
FROM:GREGORY A. BARFIELD, M.A., Interim Director
Department of Transportation
BY:LINDA TAYLOR, Administrative Manager
Department of Transportation, Administration Division
SUBJECT
***RESOLUTION - 25
th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 to
appropriate $2,716,400 from the Transportation Development Act (TDA) pass-through revenues.
(Requires 5 Affirmative Votes)(Subject to Mayor’s veto)
RECOMMENDATION
Staff recommends the City Council adopt the 25
th Amendment to the Annual Appropriation Resolution
(AAR) No. 2022-154 to appropriate$2,716,400 from TDA pass-through revenues received after the
publishing of the FY2023 proposed budget.
EXECUTIVE SUMMARY
The Department of Transportation is requesting $2,716,400 in additional expenditure appropriations.
Adoption of the AAR amendment will provide appropriations in the operating budget to sufficiently
cover the pass-through expenditures.
The $2,716,400 was awarded to the Department of Transportation by the State of California through
the Fresno Council of Governments (FCOG) in late May 2022, after the Mayor’s FY23 Proposed
Budget was published due to a change in the funding process last year. This expense supports the
Consolidated Transportation Services Agency (CTSA) arrangement with Fresno County Economic
Opportunities Commission going back to the early 1970’s through state law.
These funds support local CTSA programs that are funded by these pass-through TDA, Article 4.5
revenue to support transportation services for community agencies, including Head Start and Meals
on Wheels.
BACKGROUND
The budgetary increase of $2,716,400 is derived from the Consolidated Transportation Services
Agency (CTSA) arrangement between FAX and Fresno Economic Opportunities Commission
(FEOC) for the delivery of social service transportation services in the Fresno urbanized area.
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1.-V.
(FEOC)for the delivery of social service transportation services in the Fresno urbanized area.
This agreement was approved with FEOC by Council in June 2022,after the FY2023 budget
was submitted,and therefore appropriations to pass through the funds were not included in the
FY2023 budget.Since that time,FAX has received FEOC’s TDA Article 4.5 funding and must
pass it through based on a quarterly invoice basis.
ENVIRONMENTAL FINDINGS
This request to amend the Department of Transportation budget is not a project for the purposes of
the California Environmental Quality Act, pursuant to CEQA Guidelines section 15378.
LOCAL PREFERENCE
Local preference was not considered because this request to amend the Department of
Transportation budget does not include a bid award or award of construction or services contract.
FISCAL IMPACT
There is no fiscal impact to the general fund.The appropriations listed above are fully funded by the
state TDA funding, and no local funding match is required.
Attachments:
Resolution
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Date Adopted:
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Date Approved:
Effective Date:
Resolution No.
RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ADOPTING THE 25th AMENDMENT TO THE ANNUAL
APPROPRIATION RESOLUTION NO. 2022-154 TO APPROPRIATE
$2,716 400 FROM THE TRANSPORTATION DEVELOPMENT ACT
(TDA) PASSTHROUGH REVENUES
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO:
THAT PART III of the Annual Appropriation Resolution No. 2022-154 be and is hereby
amended as follows:
Increase/(Decrease)
TO: TRANSPORTATION DEPARTMENT
Fresno Transit Operating $ 2,716,400
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
Fresno Transit Operating
Revenues:
Account String: 4600-4602-4530-930-433552-45-0-0000-0000- $ 2,716,400
Total Revenues $ 2,716,400
Appropriations:
Account String: 4600-4602-4530-931-658004-45-0-0000-0000- $ 2,716,400
Total Appropriations $ 2,716,400
THAT the purpose is to appropriate $2,716,400 in TDA Article 4.5 passthrough revenues
for the Consolidated Transportation Services Agency (CTSA) passthrough agreement between
the Transportation Department and Fresno Economic Opportunities Commission (FEOC).
2 of 2
CLERK’S CERTIFICATION
STATE OF CALIFORNIA}
COUNTY OF FRESNO } ss.
CITY OF FRESNO }
I, TODD STERMER, 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 , 2023
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Veto: , 2023
TODD STERMER, CMC
City Clerk
BY: ____________________________
Deputy
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-590 Agenda Date:4/20/2023 Agenda #:
1.-W.
REPORT TO THE CITY COUNCIL
FROM:NELSON ESPARZA, Councilmembers
City Council District 7
SUBJECT
***Bill B-5 (Intro’d 3/30/2023)(For Adoption) - Amending Section 12-4.1603 of the Fresno Municipal
Code, revising the definition of infill project for purposes of the fee waiver program for certain
residential infill projects (Subject to Mayor’s Veto)
RECOMMENDATION
[If more than one recommendation pluralize]
EXECUTIVE SUMMARY
[Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and
concise so anyone understands action being requested]
BACKGROUND
[Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of
funding; appropriate regulation summary information]
ENVIRONMENTAL FINDINGS
[Include CEQA findings or state N/A]
LOCAL PREFERENCE
[N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why]
FISCAL IMPACT
[Funding source, clarify whether General Fund is or is not impacted; appropriation authority already
approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding
from other agencies; future obligations]
Attachment: [If more than one, pluralize]
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Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________ Ordinance No.
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
AMENDING SECTION 12-4.1603 OF THE FRESNO
MUNICIPAL CODE, REVISING THE DEFINITION OF INFILL
PROJECT FOR PURPOSES OF THE FEE WAIVER
PROGRAM FOR CERTAIN RESIDENTIAL INFILL
PROJECTS
WHEREAS, the Council desires to provide incentives for development within the
City; and
WHEREAS, Council adopted Ordinance 2021-029 establishing an infill incentive
program for certain new residential infill projects to encourage and promote development
of residential units on unutilized lots within the City; and
WHEREAS, Council later amended the definition of “infill project,” via adoption of
Ordinance 2022-005 to make single family residential projects eligible for the fee waiver
program; and
WHEREAS, the Council now desires to amend the definition of an Infill Project to
include projects no greater than 6.5 net acres.
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 12-4.1603 of the Fresno Municipal Code is amended to read as
follows:
SECTION 12-4.1603. – INFILL PROJECT DEFINED
For purposes of this section, Infill Project shall be defined as new
multifamily and/or single family residential projects on sites less than 5 [no
2 of 3
greater than 6.5] net acres in size and substantially surrounded by urban
uses, and located within an Infill Opportunity Zone, Bus Rapid Transit
Corridor or Downtown Planning Area, as reflected in the Priority Areas for
Development Incentives Map, Figure IM-1 of Chapter 12 of the Fresno
General Plan, adopted December 18, 2014. For purposes of this section,
for single family residential projects within a subdivision map, the "site"
shall be defined as the boundary of the subdivision map. Projects within
the South Industrial Priority Area are not eligible for this Program.
SECTION 2. This ordinance shall become effective and in full force and effect at 12:01
a.m. on the thirty-first day after its final passage.
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* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing
ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on
the day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-618 Agenda Date:4/20/2023 Agenda #:
1.-X.
REPORT TO THE CITY COUNCIL
FROM:ANNALISA PEREA, Vice President
District 1
SUBJECT
***RESOLUTION - adopting a pilot program to incentivize job creation within a portion
of the Tower District and the portion of the area west of Highway 99 between Clinton
Avenue and Shaw Avenue located within District 1. (Subject to Mayor’s Veto)
RECOMMENDATION
[If more than one recommendation pluralize]
EXECUTIVE SUMMARY
[Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and
concise so anyone understands action being requested]
BACKGROUND
[Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of
funding; appropriate regulation summary information]
ENVIRONMENTAL FINDINGS
[Include CEQA findings or state N/A]
LOCAL PREFERENCE
[N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why]
FISCAL IMPACT
[Funding source, clarify whether General Fund is or is not impacted; appropriation authority already
approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding
from other agencies; future obligations]
Attachment: [If more than one, pluralize]
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MOVED TO APRIL 27, 2023
NEW FILE ID 23-661
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-554 Agenda Date:4/20/2023 Agenda #:1.-Y.
REPORT TO THE CITY COUNCIL
FROM:ANDRE JANZ, City Attorney
SUBJECT
RESOLUTION - Amending the Council Communication Policy
RECOMMENDATION
[If more than one recommendation pluralize]
EXECUTIVE SUMMARY
[Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and
concise so anyone understands action being requested]
BACKGROUND
[Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of
funding; appropriate regulation summary information]
ENVIRONMENTAL FINDINGS
[Include CEQA findings or state N/A]
LOCAL PREFERENCE
[N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why]
FISCAL IMPACT
[Funding source, clarify whether General Fund is or is not impacted; appropriation authority already
approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding
from other agencies; future obligations]
Attachment: [If more than one, pluralize]
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04-20-2023
MOVED TO APRIL 27, 2023
NEW FILE ID 23-662
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-622 Agenda Date:4/20/2023 Agenda #:
1.-Z.
REPORT TO THE CITY COUNCIL
FROM:LUIS CHAVEZ, Councilmember
District 5
SUBJECT
Approve the appointment of Tania Castillo to the Immigration Affairs and Resident Committee for a
term which serves at the pleasure of the Councilmember
RECOMMENDATION
[If more than one recommendation pluralize]
EXECUTIVE SUMMARY
[Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and
concise so anyone understands action being requested]
BACKGROUND
[Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of
funding; appropriate regulation summary information]
ENVIRONMENTAL FINDINGS
[Include CEQA findings or state N/A]
LOCAL PREFERENCE
[N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why]
FISCAL IMPACT
[Funding source, clarify whether General Fund is or is not impacted; appropriation authority already
approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding
from other agencies; future obligations]
Attachment: [If more than one, pluralize]
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NE/AP 6-0
LC ABSENT
APPROVED ON CONSENT
NOTIFICATION OF APPOINTMENT BY COUNCILMEMBER CHAVEZ
TO BOARD OR COMMISSION
TO:City Council
THROUGH: Todd Stermer, City Clerk
BY:Councilmember Luis Chavez
Reappointment
X New Appointment
Name of person replaced: Samuel Molina
Name: Tania Castillo
Appointed to: Immigration Affairs and Resident Committee
Term: NA Through
April 20
th, 2023 City Council Agenda
Submit Date: Mar 31, 2023
First Name Last Name
Email Address
Home Address
City State Postal Code
Primary Phone Alternate Phone
City of Fresno Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Immigration Affairs and Resident Committee: Submitted
What district do you live in? *
Briefly explain why are you interested in serving on this board or commission?
I am interested in contributing to elevate the voice of the Fresno immigrant community and help to identify
the urgent needs of our people through the assistance of the City of Fresno. My personal experience as
an immigrant, professional background, and the connections I have made with the community will serve
me in providing a unique perspective to the contributions to this committee.
Educational background, Schools Attended, Degrees and Certifications
I graduated high school in Jalisco, Mexico. Consequently, I attended Fresno City College and earned an
Administration of Justice associate's degree and transferred to California State University of Fresno where
I earned a B.S. in Criminology - Law Enforcement Option and a Victim Services Certificate. Recently, I
earned a Master of Science in Criminology degree from the California State University of Fresno and was
awarded the Graduate Dean's Medalist for the College of Social Sciences, 2022.
Tania Castillo
Fresno CA 93725
District 5
Mobile:
Tania Castillo
Employer Job Title
Briefly explain your qualifications or areas of demonstrated expertise for this board or
commission.
I believe that my qualifications to serve in this board stem from my professional experience. From
November, 2020 to August, 2022 I served as the Immigration Matters Liaison at the Mexican Consulate in
Fresno. In this role I served as a liaison between the Mexican community and immigration matters, which
included: making referrals to immigration lawyers, informing about immigration policy and processes,
conducting interviews with survivors of human trafficking or domestic violence for potential qualification of
immigration relief, and visiting immigration detainees' to attend to their requests for legal assistance.
Currently, I hold a position of Program Navigator with Community Justice Alliance, Inc, a non-profit legal
services organization providing removal defense, wraparound services for unaccompanied minors, and
social services for asylums and vulnerable non citizens. Through this role, I have learned about pressing
issues regarding unaccompanied minors and the hurdles faced by immigrants when attempting to access
basic needs like school enrollment, access to MediCal, etc. As a program navigator I have learned to
become an advocate and empower people to advocate for themselves.
Do you or an immediate family member have any professional or financial relationship that
may present a potential conflict of interest for this board, commission or similar body?
Yes No
Work History
Work Address
City, State, Zip Code
Fresno, CA, 93721
Provide 3 Personal and Professional References. Provide name, address, and phone number
where they may be reached during the day.
Professional references: Dr. Jordan Pickering (Phd, California State University of Fresno, Assistant
Professor/ Graduate Program Coordinator)Ana Palomares (Director of Social Services Projects,
Community Justice Alliance) -Oscar Sanchez (Consul of Department of Protection and Legal Affairs,
Mexican Consulate)
Question applies to multiple boards
I declare under penalty of perjury the above information is true and correct.
Yes No
Community Justice Alliance, Inc.Program Navigator
Tania Castillo
Question applies to multiple boards
The Political Reform Act of 1974 prohibits public officials from using their official positions
to influence governmental decisions in which they have a financial interest. The Board
Members in the designed positions must disclose their financial interests as specified in the
agency's confict of interest code.
I agree that I have read the above and agree to file a Statement of Economic Interest Form
should I be appointed to a Board, Commission, or similar body according to the adopted
resolution.
I Agree
Tania Castillo
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-567 Agenda Date:4/20/2023 Agenda #:
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning Division
ADRIAN GONZALEZ, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning Division
SUBJECT
HEARING to adopt resolutions and ordinance to annex territory and levy a special tax
regarding City of Fresno Community Facilities District No. 11, Annexation No. 140 (Final
Tract Map No. 6338) (Northeast corner of East Church Avenue and South Sunnyside
Avenue) (Council District 5)
1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and
Authorizing the Levy of a Special Tax for Annexation No. 140 (Subject to Mayor’s
Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property
Tax Year 2022-2023 and Future Tax Years Within and Relating to Community
Facilities District No. 11, Annexation No. 140 (Subject to Mayor’s Veto)
RECOMMENDATION
1. Adopt Resolution to Annex Territory to Community Facilities District No. 11 and Authorizing
the Levy of a Special Tax for Annexation No. 140,
2. Adopt Resolution Calling Special Mailed-Ballot Election,
3. Adopt Resolution Declaring Election Results, and
4. Adopt Ordinance Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax
Years Within and Relating to Community Facilities District No. 11, Annexation No. 140.
EXECUTIVE SUMMARY
On March 9, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No.
2023-051 with the intent to annex territory to Community Facilities District No. 11 (CFD No. 11) at
the request of the landowner (Lennar Homes) of Final Tract Map No. 6338 (66 Lot Single-Family
Home Subdivision). This is the noticed public hearing to consider annexing Final Tract Map No.
6338 as Annexation No. 140 to CFD No. 11 to provide funding for the Services (as hereafter
City of Fresno Printed on 4/26/2023Page 1 of 3
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R. 2023-089, R. 2023-090
R. 2023-091
B-9/O. 2023-008
File #:ID 23-567 Agenda Date:4/20/2023 Agenda #:
6338 as Annexation No.140 to CFD No.11 to provide funding for the Services (as hereafter
defined)pertaining to certain required above ground public improvements associated with this
subdivision.The cost for Services is $602.07 per lot annually.If approved,the recommended
resolutions and ordinance will levy a Special Tax on the properties in Final Tract Map No.6338 for
identified Services. (See attached Location and Features map.)
BACKGROUND
Subdivision: 6338
Developer: Lennar Homes
Number of Lots:66
Maximum Special Tax Per Lot: $602.07
Features: Certain required above ground public improvements; including Landscaping and irrigation
systems; concrete and hardscape improvements, paving, street lights, and street name signs.
On November 15,2005,the Council adopted Council Resolution No.2005-490 forming CFD No.
11 to fund the maintenance of landscaping,open spaces,local streets,local street lights and street
furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined
by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno
Municipal Code (City Law).
The landowner of Final Tract Map No.6338 has petitioned the City of Fresno to be annexed into
CFD No.11 to provide the funding for the operation and reserves for maintenance (Services)
pertaining to the landscaping,trees and irrigation systems within the street rights-of-way,
landscape easements and dedicated Outlots;the concrete curbs and gutters,valley gutters,
sidewalks,curb ramps,street name signage,street lighting,and local street paving associated with
this subdivision.Pursuant to this petition,the Council adopted Council Resolution No.2023-051,
declared its intention to annex the Final Tract Map No.6338 to CFD No.11,and set the public
hearing for formal consideration. (See attached Location and Features map.)
Resolution No.2023-051 also directed the preparation of an Engineer’s Report describing the
Services and the costs of those services and this report is on file with the City Clerk.
If adopted by the Council,the attached ordinance would levy the proposed Maximum Special Tax
of $602.07 per residential lot to provide Services for Fiscal Year 2022-2023.The Maximum Special
Tax will be adjusted upward annually by 2%or by the rise of the Construction Cost Index (CCI)if it
exceeds 2% for the San Francisco Region.
The levy of the special tax is subject to approval by the qualified electors through a special
election.Two additional resolutions are attached for Council consideration pertaining to this
special election.
Today’s public hearing has been duly noticed and the attached ordinance and resolutions have
been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this
City of Fresno Printed on 4/26/2023Page 2 of 3
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File #:ID 23-567 Agenda Date:4/20/2023 Agenda #:
action is not a project.
LOCAL PREFERENCE
Local preference was not implemented,as this item does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
No City funds will be involved.All costs for services will be borne by the property owners within
the subject tract.
Attachments:
Location Map
Feature Map
Resolution Annex-Levy
Resolution Calling Election
Resolution Declaring Results
Ordinance
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BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA
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DAKOTA
CLINTON
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NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRIN
TEAGUE
ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW
SUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
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FRUITHUGHESVALENTINEBLYTHEPOLKBRYANHAMILTON
MINNEWAWAWILLOWN
TRAFFIC OPERATIONS AND PLANNING DIVISION
Final Tract Map No. 6338
COUNCIL
DISTRICT
5
SOUTH CLAREMONT AVENUE3
2
14
6
11
9
12
8
13
7
16 15
4 5
17
10
33
26
29
25
30
24
31
23
32
22
36
21
34
20
35
19
37
18 27
28
63 64 6559
60 61 62 66
58
54
55
56
57
41
50
44
47
43
48
42
49
39
52
40
51
38
53 46
45
1
EAST CHURCH AVENUESOUTH SUNNYSIDE AVENUESOUTH PURDUE AVENUESOUTH FORDHAM AVENUEEAST ALEXANDER AVENUE
EAST MCMURRAY AVENUE
EAST TOWER AVENUESOUTH PURDUE AVENUEOUTLOT COUTLOT EOUTLOT D
OUTLOT AOUTLOT BFINAL TRACT MAP NO. 6338
BUFFERS/PARKWAYS/MEDIAN
TREES & SHRUBS = 29,582 SF
FEATURES TO BE ADDED BY ANNEXATION NO. 140
COMMUNITY FACILITIES DISTRICT NO. 11
TRAFFIC OPERATIONS AND PLANNING DIVISION
N
STREET LIGHTS:
LOCAL STREET PAVEMENT:
CONCRETE IMPROVEMENTS:
LANDSCAPE AND IRRIGATION:
INTERIOR RESIDENTIAL = 114,678 SF
TOTAL = 33 EACH
CURB & GUTTER = 8,611 LF
VALLEY GUTTER = 3,151 SF
SIDEWALK & CURB RAMPS = 38,861 SF
LARGE TREES = 61 EA
SMALL TREES = 52 EA
MEDIAN CURB = 175 SF
MEDIAN EDGE = 174 SF TRAIL LIGHTS:
TOTAL = 7 EACH
EXHIBIT A
4 of 4
CANVASS AND STATEMENT OF ELECTION RESULTS
Community Facilities District No. 11
Annexation No. 140
I, TODD STERMER, City Clerk of the City of Fresno, hereby certify:
I have personally received and assembled all ballots eligible to be cast in the
special mailed-ballot, landowner election called by the Council of the City of Fresno in
its Council Resolution No. 2023 -______on propositions to levy a special tax within and
approve an appropriations limit for Community Facilities District No. 11, Annexation No.
140, and held on April 20, 2023. In accordance with my instructions contained in that
Resolution, I hereby declare the election closed.
I personally, in the presence of members of City of Fresno staff representing the
Public Works Department, as well as the City Clerk’s Office, have counted the ballots
and canvassed the returns of such election, and hereby certify that the result of that
count is as follows and that the following total votes cast for and against such
propositions, the total votes and the percentage of “yes” votes cast are true and correct.
Total Votes that could be cast 7
Total Votes Cast “Yes 7
Total Votes Cast “No” 0
Total Votes Cast 7
The Votes cast “Yes” equal 100% of the total votes cast.
I make this certification on _________________, 2023.
ATTEST:
Todd Stermer, CMC
City Clerk
By
Deputy
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-577 Agenda Date:4/20/2023 Agenda #:
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning
HARMANJIT DHALIWAL, PE, Public Works Manager
Public Works Department, Traffic Operations and Planning Division
SUBJECT
Actions pertaining to Final Map of Tract No. 6338:
RESOLUTION - Approving the Final Map of Tract No. 6338, and accepting dedicated public uses
offered therein except for dedications offered subject to City acceptance of developer installed
required improvements - located near the northeast corner of East Church Avenue and South
Sunnyside Avenue (Council District 5)
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6338 and
accepting the dedicated public uses offered therein, to authorize the Public Works Director or his
designee to execute the subdivision agreement on behalf of the City.
EXECUTIVE SUMMARY
The Subdivider, Lennar Homes of California, has filed for approval, the Final Map of Tract No. 6338,
for a 66-lot single-family residential subdivision near the northeast corner of East Church Avenue and
South Sunnyside Avenue on 7.50 acres.
BACKGROUND
The Fresno City Planning Commission on April 7, 2021 approved Vesting Tentative Map No. 6338
(Tentative Map) for a 66-lot single-family residential subdivision on 7.50 acres (See attached map).
The Tentative Map was approved consistent with the Fresno General Plan to comply with the
provisions of the Subdivision Map Act. Tract No. 6338 is the first and last phase.
The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision
Map Act and the Fresno Municipal Code. The provisions of Section 66474.1 of the Subdivision
Map Act require a final map that is in substantial compliance with the approved tentative map to be
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File #:ID 23-577 Agenda Date:4/20/2023 Agenda #:
approved by the City Council.
The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement
for Tract No.6338,submitted securities in the total amount of $2,280,000 to guarantee the
completion and acceptance of the public improvements and $1,200,000 for a payment security and
has paid the miscellaneous and development impact fees due as a condition of approval for the Final
Map in the amount of $139,212.00.Covenants have been executed to defer eligible development
impact fees totaling $1,349,489.94 to the time of issuance of each building permit or final occupancy
of each unit,for annual CFD-11 assessment notification,acknowledging right-to-farm law,landscape
maintenance,and for relinquishing access rights for certain lots.The City Attorney’s Office has
approved all documents as to form and the Risk Management Division has approved all security
bonds and insurance certificates.
MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain the concrete
curbs and gutters,valley gutters,sidewalks and curb ramps,and street lighting associated with the
Final Map in accordance with the adopted standards of the City.The Subdivider has satisfied the
maintenance requirement by annexing the subdivision into the City’s CFD-11 on April 20, 2023.
The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a
condition of the Subdivision Agreement,is required to provide every prospective purchaser of each
lot of the subdivision the “Notice of Special Tax”,in accordance with the provision of Section 53341.5
of the California Government Code.The maximum annual assessment is $602.07 per lot with an
annual 2%adjustment or by the rise of the Construction Cost Index (CCI),if it exceeds 2%for the
San Francisco Region.
Approval of this final map needs to occur after the public hearing to annex the property into
Community Facilities District No. 11. The final map will not be recorded until after the Mayor approves
the CFD annexation, which is subject to Mayor’s veto.
ENVIRONMENTAL FINDINGS
Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial
action and is exempt from the requirements of CEQA.
LOCAL PREFERENCE
Local preference was not considered because this resolution does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
The Final Map is located in Council District 5.There will be no impact on the City’s General Fund.
Approval by the Council will result in timely delivery of the review and processing of the Final Map as
is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the
expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the
processing of this Final Map and that fee is,in turn,funding the respective operations of the Public
Works Department.
City of Fresno Printed on 4/26/2023Page 2 of 3
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File #:ID 23-577 Agenda Date:4/20/2023 Agenda #:
Attachments:
Resolution
Final Map of Tract No. 6338
Location Map
City of Fresno Printed on 4/26/2023Page 3 of 3
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BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA
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KEARNEY
ANNADALE
INTERNATIONAL
PERRIN
TEAGUE
ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW
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BUTLER
TULARE
LOCANDAKOTA
CLINTON
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FRUITHUGHESVALENTINEBLYTHEPOLKBRYANHAMILTON
MINNEWAWAWILLOWN
TRAFFIC OPERATIONS AND PLANNING DIVISION
Final Tract Map No. 6338
COUNCIL
DISTRICT
5
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-570 Agenda Date:4/20/2023 Agenda #:
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning Division
ADRIAN GONZALEZ, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning Division
SUBJECT
HEARING to adopt resolutions and ordinance to annex territory and levy a special tax
regarding City of Fresno Community Facilities District No. 11, Annexation No. 141 (Final
Tract Map No. 6212 and Parc West Drive) (Southwest corner of North Parc West Drive
and North Grantland Avenue) (Council District 1)
1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and
Authorizing the Levy of a Special Tax for Annexation No. 141 (Subject to Mayor’s
Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property
Tax Year 2022-2023 and Future Tax Years Within and Relating to Community
Facilities District No. 11, Annexation No. 141 (Subject to Mayor’s Veto)
RECOMMENDATION
1. Adopt Resolution to Annex Territory to Community Facilities District No. 11 and Authorizing
the Levy of a Special Tax for Annexation No. 141,
2. Adopt Resolution Calling Special Mailed-Ballot Election,
3. Adopt Resolution Declaring Election Results, and
4. Adopt Ordinance Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax
Years Within and Relating to Community Facilities District No. 11, Annexation No. 141.
EXECUTIVE SUMMARY
On March 9, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No.
2023-052 with the intent to annex territory to Community Facilities District No. 11 (CFD No. 11) at
the request of the landowner (Lennar Homes) of Final Tract Map No. 6212 (84 Lot Single-Family
Home Subdivision). This is the noticed public hearing to consider annexing Final Tract Map No.
6212 and Parc West Drive as Annexation No. 141 to CFD No. 11 to provide funding for the
City of Fresno Printed on 4/26/2023Page 1 of 3
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04-20-2023
AP/NE 7-0
R. 2023-105, R. 2023-106
R. 2023-107
B-12/ O. 2023-011
File #:ID 23-570 Agenda Date:4/20/2023 Agenda #:
6212 and Parc West Drive as Annexation No.141 to CFD No.11 to provide funding for the
Services (as hereafter defined)pertaining to certain required above ground public improvements
associated with this subdivision.The cost for Services is $721.49 per lot annually.If approved,
the recommended resolutions and ordinance will levy a Special Tax on the properties in Final Tract
Map No. 6212 for identified Services. (See attached Location and Features map.)
BACKGROUND
Subdivision: 6212
Developer: Lennar Homes
Number of Lots: 84
Maximum Special Tax Per Lot: $721.49
Features:Certain required above ground public improvements;including Landscaping and
irrigation systems;concrete and hardscape improvements,paving,streetlights,park hardscaping
and amenities.
On November 15,2005,the Council adopted Council Resolution No.2005-490 forming CFD No.
11 to fund the maintenance of landscaping,open spaces,local streets,local street lights and street
furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined
by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno
Municipal Code (City Law).
The landowner of Final Tract Map No.6212 has petitioned the City of Fresno to be annexed into
CFD No.11 to provide the funding for the operation and reserves for maintenance (Services)
pertaining to the landscaping,trees and irrigation systems within the street rights-of-way,
landscape easements and dedicated Outlots;the concrete curbs and gutters,valley gutters,
sidewalks,curb ramps,street name signage,street lighting,and local street paving associated with
this subdivision.Pursuant to this petition,the Council adopted Council Resolution No.2023-052,
declared its intention to annex the Final Tract Map No.6212 and Parc West Drive to CFD No.11,
and set the public hearing for formal consideration. (See attached Location and Features map.)
Resolution No.2023-052 also directed the preparation of an Engineer’s Report describing the
Services and the costs of those services and this report is on file with the City Clerk.
If adopted by the Council,the attached ordinance would levy the proposed Maximum Special Tax
of $721.49 per residential lot to provide Services for Fiscal Year 2022-2023.The Maximum Special
Tax will be adjusted upward annually by 2%or by the rise of the Construction Cost Index (CCI)if it
exceeds 2% for the San Francisco Region.
The levy of the special tax is subject to approval by the qualified electors through a special
election.Two additional resolutions are attached for Council consideration pertaining to this
special election.
Today’s public hearing has been duly noticed and the attached ordinance and resolutions have
been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,thisCity of Fresno Printed on 4/26/2023Page 2 of 3
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File #:ID 23-570 Agenda Date:4/20/2023 Agenda #:
Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this
action is not a project.
LOCAL PREFERENCE
Local preference was not implemented,as this item does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
No City funds will be involved.All costs for services will be borne by the property owners within
the subject tract.
Attachments:
Location Map
Feature Map
Resolution Annex-Levy
Resolution Calling Election
Resolution Declaring Results
Ordinance
City of Fresno Printed on 4/26/2023Page 3 of 3
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BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA
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INTERNATIONAL
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BUTLER
TULARE
LOCANDAKOTA
CLINTON
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FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN
TRAFFIC OPERATIONS AND PLANNING DIVISION
FINAL TRACT MAP NO. 6212
DISTRICT 1
ANNEXATION NO. 141
COMMUNITY FACILITIES DISTRICT NO. 11
WEST WILLIS AVENUE
WEST SWIFT AVENUE
NORTH MARUYAMA AVENUEWEST HOLLAND AVENUE
WEST ASHCRO
F
T
A
V
E
N
U
E
NORTH PARC WE
S
T
D
R
I
V
E
OUTLOT B
OUTLOT C
21
33 32
22
31 30 29 28 27 26 25 24
23
20
19
18
17
16
15
OUTLOT A
14
13
12
11
10
9
7
6
8
5
4
3
2
1
34
53 52 51 50 49 48 47 46 45 44
433536373839404142
70
69 68
67 66 65 64 63
55
56
54
57 58 59 60 61 62
71
72
73
84
82
83
81
74
80 79 78
75 76 77
NORTH GRANTLAND AVENUEFINAL TRACT MAP NO. 6212
BUFFERS/PARKWAYS/MEDIAN
TREES & SHRUBS = 3,269 SF
FEATURES TO BE ADDED BY ANNEXATION NO. 141
COMMUNITY FACILITIES DISTRICT NO. 11
TRAFFIC OPERATIONS AND PLANNING DIVISION
N
STREET LIGHTS:
LOCAL STREET PAVEMENT:
CONCRETE IMPROVEMENTS:
LANDSCAPE AND IRRIGATION:
TOTAL = 19 EACH
CURB & GUTTER = 5,318 LF
VALLEY GUTTER = 1,077 SF
SIDEWALK & CURB RAMPS = 31,649 SF
LARGE TREES = 3 EA
SMALL TREES = 8 EA
ASPHALT = 88,713 SF
MEDIAN CURB = 241 LF
PARC WEST DRIVE
BUFFERS/PARKWAYS/MEDIAN
TREES & SHRUBS = 275,416 SF
FEATURES TO BE ADDED BY ANNEXATION NO. 141
COMMUNITY FACILITIES DISTRICT NO. 11
TRAFFIC OPERATIONS AND PLANNING DIVISION
N
STREET/TRAIL LIGHTS: LOCAL STREET PAVEMENT:CONCRETE IMPROVEMENTS:
LANDSCAPE AND IRRIGATION:
TOTAL = 76 EACHCURB & GUTTER = 10,078 LF
VALLEY GUTTER = 5,800 SF
SIDEWALK & CURB RAMPS = 36,220 SF
LARGE TREES = 246 EA
SMALL TREES = 539 EA
OUTLOT HARDSCAPE AND AMENITIES:
*CONCRETE WALKS & PADS = 22,780 SF
*SAFETY SURFACE = 4,456 SF
*PLAY STRUCTURE = 2 EACH
*SHADE STRUCTURE = 1 SET
*PICNIC TABLES = 10 EACH
*BENCHES = 14 EACH
*TRASH RECEPTACLE = 11 EACH
*DOG EXERCISE STATION = 1 EACH
TURF & BEDS
GROUND COVER = 20,616 SF
TRAIL = 99,266 SF
STAMPED CONCRETE = 9,975 SF
MEDIAN CURB = 9,375 SF
PALM TREES = 32 EA
*BIKE RACK = 3 EACH
*DRINKING FOUNTAIN = 3 EACH
*SOCCER GOALS = 1 SET
*BASKETBALL GOAL= 1 EACH
*MUSICAL INSTRUMENTS = 1 SET
*EXERCISE EQUIPMENT = 1 SET
*FUN BALL POLE = 1 EACH
*CHAIN LINK FENCING = 965 LF
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-612 Agenda Date:4/20/2023 Agenda #:
REPORT TO THE CITY COUNCIL
SUBJECT
HEARING - To adopt Resolutions and Ordinance to annex territory and levy a special tax
regarding City of Fresno Community Facilities District No. 18, Annexation No. 002 (T6212,
located at the southwest corner of North Parc West Drive and North Grantland Avenue;
T6276, located on the northwest corner of North Parc West Drive and North Grantland
Avenue; T6350, located on the northeast corner of North Parc West Drive and West
Holland Avenue) (Council District 1)
RECOMMENDATION
[If more than one recommendation pluralize]
EXECUTIVE SUMMARY
[Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and
concise so anyone understands action being requested]
BACKGROUND
[Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of
funding; appropriate regulation summary information]
ENVIRONMENTAL FINDINGS
[Include CEQA findings or state N/A]
LOCAL PREFERENCE
[N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why]
FISCAL IMPACT
[Funding source, clarify whether General Fund is or is not impacted; appropriation authority already
approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding
from other agencies; future obligations]
Attachment: [If more than one, pluralize]
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-566 Agenda Date:4/20/2023 Agenda #:
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning Division
ADRIAN GONZALEZ, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning Division
SUBJECT
HEARING to adopt resolutions and ordinance to annex territory and levy a special tax
regarding City of Fresno Community Facilities District No. 11, Annexation No. 138 (Final
Tract Map No. 6371) (located north of East Floradora Avenue and east of North Armstrong
Avenue) (Council District 7)
1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and
Authorizing the Levy of a Special Tax for Annexation No. 138 (Subject to Mayor’s
Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property
Tax Year 2022-2023 and Future Tax Years Within and Relating to Community
Facilities District No. 11, Annexation No. 138 (Subject to Mayor’s Veto)
RECOMMENDATION
1.Adopt Resolution to Annex Territory to Community Facilities District No. 11 and Authorizing
the Levy of a Special Tax for Annexation No. 138,
2.Adopt Resolution Calling Special Mailed-Ballot Election,
3.Adopt Resolution Declaring Election Results, and
4.Adopt Ordinance Levying a Special Tax for the Property Tax Year 2022-2023 and Future
Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 138.
EXECUTIVE SUMMARY
On March 9, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No.
2023-055 with the intent to annex territory to Community Facilities District No. 11 (CFD No. 11) at
the request of the landowner (Wilson Premier Homes Inc.) of Final Tract Map No. 6371 (27 Lot
Single-Family Home Subdivision). This is the noticed public hearing to consider annexing Final
Tract Map No. 6371 as Annexation No. 138 to CFD No. 11 to provide funding for the Services (as
City of Fresno Printed on 4/26/2023Page 1 of 3
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04-20-2023
NE/AP 7-0
R. 2023-092, R. 2023-093
R. 2023-094
B-10/ O. 2023-009
File #:ID 23-566 Agenda Date:4/20/2023 Agenda #:
Tract Map No.6371 as Annexation No.138 to CFD No.11 to provide funding for the Services (as
hereafter defined)pertaining to certain required above ground public improvements associated
with this subdivision.The cost for Services is $222.34 per lot annually.If approved,the
recommended resolutions and ordinance will levy a Special Tax on the properties in Final Tract
Map No. 6371 for identified Services. (See attached Location and Features map.)
BACKGROUND
Subdivision: 6371
Developer: Wilson Premier Homes Inc.
Number of Lots:27
Maximum Special Tax Per Lot: $222.34
Features: Certain required above ground public improvements; concrete, paving, and street lights.
On November 15,2005,the Council adopted Council Resolution No.2005-490 forming CFD No.
11 to fund the maintenance of landscaping,open spaces,local streets,local street lights and street
furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined
by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno
Municipal Code (City Law).
The landowner of Final Tract Map No.6371 has petitioned the City of Fresno to be annexed into
CFD No.11 to provide the funding for the operation and reserves for maintenance (Services)
pertaining to the concrete curbs and gutters,valley gutters,sidewalks,curb ramps,street name
signage,street lighting,and local street paving associated with this subdivision.Pursuant to this
petition,the Council adopted Council Resolution No.2023-055,declared its intention to annex the
Final Tract Map No.6371 to CFD No.11,and set the public hearing for formal consideration.(See
attached Location and Features map.)
Resolution No.2023-055 also directed the preparation of an Engineer’s Report describing the
Services and the costs of those services and this report is on file with the City Clerk.
If adopted by the Council,the attached ordinance would levy the proposed Maximum Special Tax
of $222.34 per residential lot to provide Services for Fiscal Year 2022-2023.The Maximum Special
Tax will be adjusted upward annually by 2%or by the rise of the Construction Cost Index (CCI)if it
exceeds 2% for the San Francisco Region.
The levy of the special tax is subject to approval by the qualified electors through a special
election.Two additional resolutions are attached for Council consideration pertaining to this
special election.
Today’s public hearing has been duly noticed and the attached ordinance and resolutions have
been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this
action is not a project.
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File #:ID 23-566 Agenda Date:4/20/2023 Agenda #:
LOCAL PREFERENCE
Local preference was not implemented,as this item does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
No City funds will be involved.All costs for services will be borne by the property owners within
the subject tract.
Attachments:
Location Map
Feature Map
Resolution Annex-Levy
Resolution Calling Election
Resolution Declaring Results
Ordinance
City of Fresno Printed on 4/26/2023Page 3 of 3
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BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA
ALLUVIAL
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRIN
TEAGUE
ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW
MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN
TRAFFIC OPERATIONS AND PLANNING DIVISION
FINAL TRACT MAP NO. 6371
DISTRICT 7
ANNEXATION NO. 138
COMMUNITY FACILITIES DISTRICT NO. 11
FINAL TRACT MAP NO. 6371
FEATURES TO BE ADDED BY ANNEXATION NO. 138
COMMUNITY FACILITIES DISTRICT NO. 11
TRAFFIC OPERATIONS AND PLANNING DIVISION
CONCRETE IMPROVEMENTS:
CURB & GUTTER = 2,536 LF
VALLEY GUTTER = 2,786 SF
CURB RAMPS & SIDEWALK = 7,037 SF
N
STREET LIGHTS: LOCAL STREET PAVEMENT:
TOTAL AREA = 47,407 SF TOTAL = 8 EACH
EXHIBIT A
A-1
City of Fresno
Community Facilities District No. 11
Annexation No. 138
Description of Services to be Financed by Community Facilities District No. 11
for Annexation No. 138 (Final Tract Map No. 6371)
The operations and reserves for the maintenance of certain required improvements (Services)
that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Final Tract Map
No. 6371, Annexation No. 138 are generally as described below.
The Services will include all costs (including reserves for replacement) attributable to
maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public
street rights-of-way, public landscape easements, public open spaces and other similar
landscaped areas officially dedicated for public use.
Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or
replacing all ground level infrastructure (including reserves for replacement) within dedicated
public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters,
valley gutters, curb ramps and sidewalks, street name signage , street lighting, and local street
paving associated with this subdivision.
Services shall include all costs attributable to street lighting services.
Maintenance costs will include a proportionate share of all other expenses that the City of Fresno
(City) may incur in administering CFD No. 11.
All Services shall be provided by the City, with its own forces or by contract with third parties, or
any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
successful annexation of Annexation No. 138 to CFD No. 11 and the availability of sufficient
proceeds of Special Taxes within CFD No. 11.
EXHIBIT A
A-2
City of Fresno
Community Facilities District No. 11
Formation
Description of Services currently financed by Community Facilities District No. 11
The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No.
11) are any and all Services defined by City of Fresno Speci al Tax Financing Law (Chapter 8,
Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act
of 1982 (Chapter 2.5 commencing with Section 53311 , of Part 1, Division 2, Title 5 of the
California Government Code.)
I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing all facilities, including hardscaping, in landscaped areas (may include
reserves for replacement) in public street rights-of-way, public landscape easements,
public trail areas, parkways, and other similar landscaped areas officially dedicated for
public use.
II. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding,
aerating, and watering grass areas; repairing and replacing irrigation systems as
necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and
replacing paths, walkways and trails; removing litter, debris, and garbage.
II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing
and/or replacing all local ground level street infrastructure (may include reserves for
replacement) within local street rights-of-way. Such facilities may include, without
limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets,
street trees and street furniture.
III. Services may include costs attributable to police, fire, traffic control, street lighting and
recreational services.
Maintenance costs will also include a proportionate share of all other expenses that the City of
Fresno (City) may incur in administering the CFD No. 11.
All Services shall be provided by the City, with its own forces or by contract with third parties, or
any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes
within the CFD No. 11.
EXHIBIT B
B-1
City of Fresno
Community Facilities District No. 11
Annexation No. 138
Rate and Method of Apportionment of Special Tax
Cost Estimate
The estimate breaks down the costs of providing 1 year’s service for FY 2022-2023 for
Final Tract Map No. 6371.
ITEM DESCRIPTION ESTIMATED COST
1 Landscape Operational Costs $0.00
2 Other Operational Costs $162.00
3 Reserve for Replacement $5,436.00
4 Incidental Expenses $405.00
Total $6,003.00
Subdivision Appropriation Limit
FINAL
TRACT
MAP
NO.
MAX. SPECIAL
TAX PER
RESIDENTIAL
UNIT
TOTAL
TAXABLE
UNITS
APPROPRIATION
LIMIT
SUBDIVIDER
6371
$222.34
27
$500,000.00
Wilson Premier
Homes Inc.
EXHIBIT B
B-2
City of Fresno
Community Facilities District No. 11
Annexation No. 138
Rate and Method of Apportionment of Special Tax
A Special Tax applicable to each assessor’s parcel in Community Facilities District No.
11 (CFD No. 11) shall be levied and collected according to the tax liability determined by
the City Council of the City of Fresno, through the application of the appropriate amount
or rate for taxable property, as described below. All of the property in CFD No. 11, unless
exempted by law or by the provisions of Section E below, shall be taxed for the purposes,
to the extent, and in the manner herein provided, including property su bsequently
annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special
Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel
map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County
of Fresno designating parcels by assessor’s parcel number.
“City” means the City of Fresno.
“City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1,
Article 3, of the Fresno Municipal Code.
“Council” means the City Council of the City of Fresno, acting as the legislative body of
CFD No. 11.
“Developable Lot” means a lot that is anticipated development of residential or non -
residential uses, and which is not an outlot, remainder parcel or other parcel which is not
intended to be developed or which must be further subdivided before being developed.
“Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion
in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of
Special Tax.
“Final Map” means a final map, or portion thereof, approved by the Council of the City of
Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410
et seq.) that creates individual developable lots for which building permits may be issued.
The term “Final Map” shall not include any assessor’s parcel map or subdivision map or
EXHIBIT B
B-3
portion thereof that does not create individual developable lots for which a building permit
may be issued, including assessor’s parcels that are designated as remainder parcels.
“Fiscal Year” means the period starting April 1 and ending on the following March 31.
“Maximum Special Tax” means the maximum special tax, determined in accordance
with Section C, which can be levied in any Fiscal Year.
“Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to
the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11.
“Public Property” means any property within the boundaries of CFD No. 11 that is
owned by the federal government, the State of California or other local governments or
public agencies.
“Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal
Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities
under Government Code Section 53321(d).
“Residential Unit” means a residential dwelling unit and shall include single-family
unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and
individual apartment units in a multi-family building. For purposes of the levy of special
taxes pursuant to Section C below, “Residential Units” shall include dwelling units already
built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet
built, when the special tax is levied each fiscal year.
“Shared Services” means the costs of services are paid equally by the property owners
of two or more subdivisions.
“Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels
of taxable property to fund the Special Tax Requirement as defined below.
“Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay
authorized maintenance and improvement expenses, (ii) pay administrative expenses of
CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in
prior fiscal years or (based on delinquencies in the payment of special taxes which have
already taken place) are expected to occur in the fiscal year in which the tax will be
collected.
“Subdivision” means the division, by any subdivider, of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or
financing whether immediate or future. Property shall be considered as contiguous units,
even if it is separated by roads, streets, utility easement or railroad rights -of-way.
“Subdivision” includes a condominium project, as defined in Section 4125 of the Civil
Code, a community apartment project, as defined in Section 4105 of the Civil Code.
EXHIBIT B
B-4
“Taxable Property” means all of the assessor’s parcels within the boundaries of CFD
No. 11 which are not exempt from the special tax pursuant to law or Section E below.
B. CALCULATION OF RESIDENTIAL UNITS
On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine
how many residential units are built, or allowed to be built, on assessor’s parcels within
CFD No. 11. For parcels of undeveloped property zoned for development of single-family
units attached, the number of residential units shall be determined by referencing the
condominium plan, apartment plan site plan or other development plan, or by assigning
the maximum allowable units permitted based on the underlying zoning for the parcel.
Once a single-family attached building or buildings have been built on an assessor’s
parcel, the City or its designee shall determine the actual number of residential units
contained within the building or buildings, and the special tax levied against the parcel in
the next fiscal year shall be calculated by dividing the Special Tax Requirement by the
actual number of residential units not to exceed the Maximum Special Tax per residential
unit identified for the final map in Section C, Table 1 below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11
shall be specific to each final map within CFD No. 11. When additional property is
annexed to CFD No. 11, the rate and method adopted for the annexed property shall
reflect the MST for the final map or final maps then annexed. The Maximum Special Tax
for Fiscal Year 2022-2023 for a residential unit within Final Tract Map No. 6371 is
identified in Table 1 below:
Table 1
Maximum Special Tax
(Fiscal Year 2022-2023)*
Final Tract Map Number**
Maximum Special Tax
6371
$222.34 per Residential Unit
*Beginning in January of each year, the MST will be adjusted upward annually
by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for
the San Francisco Region for the prior 12-month period (December through
December) as published in the Engineering News Record, or published in a
comparable index if the Engineering News Record is discontinued or otherwise
not available. Each annual adjustment of the MST shall become effective on
the subsequent July 1.
** A Special Tax shall be levied on all parcels within an identified final map
except excluded parcels as identified in Attachment 1.
EXHIBIT B
B-5
D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX
Commencing with Fiscal Year 2022-2023, the Special Tax shall be levied on all taxable
parcels as follows:
Step 1: Determine the Special Tax Requirement (as defined in Section A
above) for the fiscal year in which the Special Tax will be collected;
Step 2: Calculate the total special tax revenues that could be collected from
taxable property within CFD No. 11 based on applying the Maximum
Special Tax rates determined pursuant to Section C above to the
number of residential units on each parcel of taxable property in CFD
No. 11;
If the amount determined in Step 1 is greater than or equal to the
amount calculated in Step 2, levy the Maximum Special Tax set forth in
Table 1 above on all parcels of taxable property in CFD No. 11;
If the amount determined in Step 1 is less than the amount calculated
in Step 2, levy the Special Tax proportionately against all parcels of
taxable property up to 100% of the Maximum Special Tax for each
subdivision as identified in Table 1, until the amount of the Special Tax
levy equals the Special Tax Requirement for that fiscal year.
The Special Tax for CFD No. 11 shall be collected in the same manner and at the same
time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may
(under the authority of Government Code 53340), in any particular case, bill the taxes
directly to the property owner off of the County of Fresno tax roll, and the Special Taxes
will be equally subject to penalties and foreclosure if delinquent.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special
Tax, no Special Tax shall be levied on parcels that have been conveyed to a public
agency, except as otherwise provided in City Law, and properties receiving a welfare
exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In
addition, no Special Tax shall be levied on excluded parcels or parcels that are
determined not to be developable lots.
EXHIBIT B
B-6
ATTACHMENT 1
City of Fresno
Community Facilities District No. 11
Annexation No. 138
Excluded Parcels
THERE ARE NO EXCLUDED PARCELS IN
FINAL TRACT MAP NO. 6371
EXHIBIT A
4 of 4
CANVASS AND STATEMENT OF ELECTION RESULTS
Community Facilities District No. 11
Annexation No. 138
I, TODD STERMER, City Clerk of the City of Fresno, hereby certify:
I have personally received and assembled all ballots eligible to be cast in the
special mailed-ballot, landowner election called by the Council of the City of Fresno in its
Council Resolution No. 2023 -______on propositions to levy a special tax within and
approve an appropriations limit for Community Facilities District No. 11, Annexation No.
138, and held on April 20, 2023. In accordance with my instructions contained in that
Resolution, I hereby declare the election closed.
I personally, in the presence of members of City of Fresno staff representing the
Public Works Department, as well as the City Clerk’s Office, have counted the ballots and
canvassed the returns of such election, and hereby certify that the result of that count is
as follows and that the following total votes cast for and against such propositions, the
total votes and the percentage of “yes” votes cast are true and correct.
Total Votes that could be cast 4
Total Votes Cast “Yes 4
Total Votes Cast “No” 0
Total Votes Cast 4
The Votes cast “Yes” equal 100% of the total votes cast.
I make this certification on _________________, 2023.
ATTEST:
Todd Stermer, CMC
City Clerk
By
Deputy
EXHIBIT B
B-1
City of Fresno
Community Facilities District No. 11
Annexation No. 138
Rate and Method of Apportionment of Special Tax
Cost Estimate
The estimate breaks down the costs of providing 1 year’s service for FY 2022-2023 for
Final Tract Map No. 6371.
ITEM DESCRIPTION ESTIMATED COST
1 Landscape Operational Costs $0.00
2 Other Operational Costs $162.00
3 Reserve for Replacement $5,436.00
4 Incidental Expenses $405.00
Total $6,003.00
Subdivision Appropriation Limit
FINAL
TRACT
MAP
NO.
MAX. SPECIAL
TAX PER
RESIDENTIAL
UNIT
TOTAL
TAXABLE
UNITS
APPROPRIATION
LIMIT
SUBDIVIDER
6371
$222.34
27
$500,000.00
Wilson Premier
Homes Inc.
EXHIBIT B
B-2
City of Fresno
Community Facilities District No. 11
Annexation No. 138
Rate and Method of Apportionment of Special Tax
A Special Tax applicable to each assessor’s parcel in Community Facilities District No.
11 (CFD No. 11) shall be levied and collected according to the tax liability determined by
the City Council of the City of Fresno, through the application of the appropriate amount
or rate for taxable property, as described below. All of the property in CFD No. 11, unless
exempted by law or by the provisions of Section E below, shall be taxed for the purposes,
to the extent, and in the manner herein provided, including property su bsequently
annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special
Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel
map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County
of Fresno designating parcels by assessor’s parcel number.
“City” means the City of Fresno.
“City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1,
Article 3, of the Fresno Municipal Code.
“Council” means the City Council of the City of Fresno, acting as the legislative body of
CFD No. 11.
“Developable Lot” means a lot that is anticipated development of residential or non -
residential uses, and which is not an outlot, remainder parcel or other parcel which is not
intended to be developed or which must be further subdivided before being developed.
“Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion
in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of
Special Tax.
“Final Map” means a final map, or portion thereof, approved by the Council of the City of
Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410
et seq.) that creates individual developable lots for which building permits may be issued.
The term “Final Map” shall not include any assessor’s parcel map or subdivision map or
EXHIBIT B
B-3
portion thereof that does not create individual developable lots for which a building permit
may be issued, including assessor’s parcels that are designated as remainder parcels.
“Fiscal Year” means the period starting April 1 and ending on the following March 31.
“Maximum Special Tax” means the maximum special tax, determined in accordance
with Section C, which can be levied in any Fiscal Year.
“Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to
the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11.
“Public Property” means any property within the boundaries of CFD No. 11 that is
owned by the federal government, the State of California or other local governments or
public agencies.
“Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal
Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities
under Government Code Section 53321(d).
“Residential Unit” means a residential dwelling unit and shall include single-family
unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and
individual apartment units in a multi-family building. For purposes of the levy of special
taxes pursuant to Section C below, “Residential Units” shall include dwelling units already
built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet
built, when the special tax is levied each fiscal year.
“Shared Services” means the costs of services are paid equally by the property owners
of two or more subdivisions.
“Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels
of taxable property to fund the Special Tax Requirement as defined below.
“Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay
authorized maintenance and improvement expenses, (ii) pay administrative expenses of
CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in
prior fiscal years or (based on delinquencies in the payment of special taxes which have
already taken place) are expected to occur in the fiscal year in which the tax will be
collected.
“Subdivision” means the division, by any subdivider, of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or
financing whether immediate or future. Property shall be considered as contiguous units,
even if it is separated by roads, streets, utility easement or railroad rights -of-way.
“Subdivision” includes a condominium project, as defined in Section 4125 of the Civil
Code, a community apartment project, as defined in Section 4105 of the Civil Code.
EXHIBIT B
B-4
“Taxable Property” means all of the assessor’s parcels within the boundaries of CFD
No. 11 which are not exempt from the special tax pursuant to law or Section E below.
B. CALCULATION OF RESIDENTIAL UNITS
On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine
how many residential units are built, or allowed to be built, on assessor’s parcels within
CFD No. 11. For parcels of undeveloped property zoned for development of single-family
units attached, the number of residential units shall be determined by referencing the
condominium plan, apartment plan site plan or other development plan, or by assigning
the maximum allowable units permitted based on the underlying zoning for the parcel.
Once a single-family attached building or buildings have been built on an assessor’s
parcel, the City or its designee shall determine the actual number of residential units
contained within the building or buildings, and the special tax levied against the parcel in
the next fiscal year shall be calculated by dividing the Special Tax Requirement by the
actual number of residential units not to exceed the Maximum Special Tax per residential
unit identified for the final map in Section C, Table 1 below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11
shall be specific to each final map within CFD No. 11. When additional property is
annexed to CFD No. 11, the rate and method adopted for the annexed property shall
reflect the MST for the final map or final maps then annexed. The Maximum Special Tax
for Fiscal Year 2022-2023 for a residential unit within Final Tract Map No. 6371 is
identified in Table 1 below:
Table 1
Maximum Special Tax
(Fiscal Year 2022-2023)*
Final Tract Map Number**
Maximum Special Tax
6371
$222.34 per Residential Unit
*Beginning in January of each year, the MST will be adjusted upward annually
by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for
the San Francisco Region for the prior 12-month period (December through
December) as published in the Engineering News Record, or published in a
comparable index if the Engineering News Record is discontinued or otherwise
not available. Each annual adjustment of the MST shall become effective on
the subsequent July 1.
** A Special Tax shall be levied on all parcels within an identified final map
except excluded parcels as identified in Attachment 1.
EXHIBIT B
B-5
D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX
Commencing with Fiscal Year 2022-2023, the Special Tax shall be levied on all taxable
parcels as follows:
Step 1: Determine the Special Tax Requirement (as defined in Section A
above) for the fiscal year in which the Special Tax will be collected;
Step 2: Calculate the total special tax revenues that could be collected from
taxable property within CFD No. 11 based on applying the Maximum
Special Tax rates determined pursuant to Section C above to the
number of residential units on each parcel of taxable property in CFD
No. 11;
If the amount determined in Step 1 is greater than or equal to the
amount calculated in Step 2, levy the Maximum Special Tax set forth in
Table 1 above on all parcels of taxable property in CFD No. 11;
If the amount determined in Step 1 is less than the amount calculated
in Step 2, levy the Special Tax proportionately against all parcels of
taxable property up to 100% of the Maximum Special Tax for each
subdivision as identified in Table 1, until the amount of the Special Tax
levy equals the Special Tax Requirement for that fiscal year.
The Special Tax for CFD No. 11 shall be collected in the same manner and at the same
time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may
(under the authority of Government Code 53340), in any particular case, bill the taxes
directly to the property owner off of the County of Fresno tax roll, and the Special Taxes
will be equally subject to penalties and foreclosure if delinquent.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special
Tax, no Special Tax shall be levied on parcels that have been conveyed to a public
agency, except as otherwise provided in City Law, and properties receiving a welfare
exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In
addition, no Special Tax shall be levied on excluded parcels or parcels that are
determined not to be developable lots.
EXHIBIT B
B-6
ATTACHMENT 1
City of Fresno
Community Facilities District No. 11
Annexation No. 138
Excluded Parcels
THERE ARE NO EXCLUDED PARCELS IN
FINAL TRACT MAP NO. 6371
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-589 Agenda Date:4/20/2023 Agenda #:
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning
HARMANJIT DHALIWAL, PE, Public Works Manager
Public Works Department, Traffic Operations and Planning Division
SUBJECT
Actions pertaining to Final Map of Tract No. 6371:
RESOLUTION - Approving the Final Map of Tract No. 6371, and accepting dedicated public uses
offered therein except for dedications offered subject to City acceptance of developer installed
required improvements - located near the northeast corner of East Floradora Avenue and North
Armstrong Avenue (Council District 7)
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6371 and
accepting the dedicated public uses offered therein, to authorize the Public Works Director or his
designee to execute the subdivision agreement on behalf of the City.
EXECUTIVE SUMMARY
The Subdivider, Wilson Premier Homes of California, have filed for approval, the Final Map of Tract
No. 6371, for a 27-lot single-family residential subdivision near the northeast corner of East Floradora
Avenue and North Armstrong Avenue on 4.20 acres.
BACKGROUND
The Fresno City Planning Commission on July 20, 2022 approved Vesting Tentative Map No. 6371
(Tentative Map) for a 27-lot single-family residential subdivision on 4.20 acres (See attached map).
The Tentative Map was approved consistent with the Fresno General Plan to comply with the
provisions of the Subdivision Map Act. Tract No. 6371 is not a phased map. However, Wilson
Premier Homes does have an approved tract map that is adjacent to Tract No. 6371.
The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision
Map Act and the Fresno Municipal Code. The provisions of Section 66474.1 of the Subdivision
Map Act require a final map that is in substantial compliance with the approved tentative map to be
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Map Act require a final map that is in substantial compliance with the approved tentative map to be
approved by the City Council.
The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement
for Tract No.6371,submitted securities in the total amount of $822,000 to guarantee the completion
and acceptance of the public improvements and $432,500 for a payment security and has paid the
miscellaneous and development impact fees due as a condition of approval for the Final Map in the
amount of $135,123.00.Covenants have been executed to defer eligible development impact fees
totaling $598,776.68 to the time of issuance of each building permit or final occupancy of each unit,
for annual CFD-11 assessment notification,acknowledging right-to-farm law,landscape
maintenance,sewer capacity in the Fowler trunk,temporary storm drainage facilities,and for
relinquishment of access for certain lots.The City Attorney’s Office has approved all documents as
to form and the Risk Management Division has approved all security bonds and insurance
certificates.
MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain the concrete
curbs and gutters,valley gutters,sidewalks and curb ramps,and street lighting associated with the
Final Map in accordance with the adopted standards of the City.The Subdivider has satisfied the
maintenance requirement by annexing the subdivision into the City’s CFD-11 on April 20, 2023.
The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a
condition of the Subdivision Agreement,is required to provide every prospective purchaser of each
lot of the subdivision the “Notice of Special Tax”,in accordance with the provision of Section 53341.5
of the California Government Code.The maximum annual assessment is $222.34 per lot with an
annual 2%adjustment or by the rise of the Construction Cost Index (CCI),if it exceeds 2%for the
San Francisco Region.
Approval of this final map needs to occur after the public hearing to annex the property into
Community Facilities District No. 11. The final map will not be recorded until after the Mayor approves
the CFD annexation, which is subject to Mayor’s veto.
ENVIRONMENTAL FINDINGS
Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial
action and is exempt from the requirements of CEQA.
LOCAL PREFERENCE
Local preference was not considered because this resolution does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
The Final Map is located in Council District 7.There will be no impact to the City’s General Fund.
Approval by the Council will result in timely delivery of the review and processing of the Final Map as
is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the
expeditious completion of this Final Map in as much as the Subdivider has paid the City a fee for the
processing of this Final Map and that fee is,in turn,funding the respective operations of the Public
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Works Department.
Attachments:
Resolution
Final Map of Tract No. 6371
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BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA
ALLUVIAL
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRIN
TEAGUE
ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW
MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN
TRAFFIC OPERATIONS AND PLANNING DIVISION
FINAL TRACT MAP NO. 6371
DISTRICT 7
ANNEXATION NO. 138
COMMUNITY FACILITIES DISTRICT NO. 11
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-541 Agenda Date:4/20/2023 Agenda #:
REPORT TO THE CITY COUNCIL
FROM:JENNIFER CLARK, Director
Planning and Development
SUBJECT
HEARING to consider adoption of a resolution related to the designation of a property to the Local
Register of Historic Resources
1. ***RESOLUTION - Designating the Sequoia Hotel/Fink & Skopp building located at 925-933 Van
Ness Avenue, Fresno California to the Local Register of Historic Resources (APN46825403) (District
3) (Subject to Mayor Veto).
RECOMMENDATION:
The Historic Preservation Commission recommends that the City Council adopt the resolution
designating the property located at 925-935 Van Ness Avenue (APN 46825403) to the Local Register
of Historic Resources.
EXECUTIVE SUMMARY
On behalf of the owner, Michael A Saldana of Kroeker Inc. filed application B22-12250 on August 19,
2022. Project contemplates demolition of the property located at 925-933 Van Ness Avenue
(APN46825403). This property was originally constructed in 1912 as the Sequoia Hotel and was
substantially renovated for reuse as the Fink & Skopp retail building in 1962.
On October 24, 2022, the Historic Preservation Commission (HPC) held a hearing to consider the
demolition permit. The Application was denied with a recommendation that the City Council list the
property on the Local Register (4 - Aye, 1 - Recusal).
BACKGROUND
This property is not a listed resource but is eligible for listing.
925/933 Van Ness Avenue
Sequoia (Hotel) Building (1912)
New Formalist Style
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Fink & Skopp Building (1962)
Mid-Century Modern
Robert W Stevens, Architect
This property is the adapted first story of the four-story 1912 Sequoia Hotel. None of the character-
defining features of the original Sequoia Hotel remains in the renovated first story furniture store. The
original exterior and interior photo are show below:
The single-story reuse of the property for retail uses demolished the upper floors in 1962 and
redesigned the building to the meet the mid-century modern ethos of the time.
The building has been vacant since 2008 and has sustained deterioration from lack of use,
vandalism, and the loss of the resources on either side of the property.
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The property was evaluated in 2011 and found to be eligible for listing in the Local Register of
Historic Resources by Historic Resources Group.The property was re-evaluated in 2022 by Page &
Turnbull who found that the property remains eligible for listing as a local historic resource.
Project Proposal
On behalf of the owner,Michael A Saldana of Kroeker Inc.filed application B22-12250 on August 19,
2022.Project contemplates demolition of the Sequoia Hotel/Fink &Skopp Building located at 925-
933 Van Ness Avenue (APN46825403).
Project Analysis
The Sequoia Hotel/Fink &Skopp Building located at 925/933 Van Ness Avenue is not a listed
resource or located in a historic district;however,its age along with prior and current surveys have
identified the property as eligible for listing in the Local Historic Register therefore it may be subject to
review by the HPC pursuant to FMC Section 12-1606(a)(2).
While the integrity of the original 1912 Sequoia Hotel building is lacking,the reuse as the Fink &
Skopp retail building in 1962 retains its integrity since no significant alterations to the building have
been made. It remains eligible for local listing based upon the 1962 form.
Notice of Historic Preservation Commission Hearing and City Council Hearing
In accordance with Section 12-1617 of the FMC,the Planning and Development Department mailed
Notices of the HPC and City Council hearings to the property owner,and the surrounding property
owners within 2,000 feet of the site.
FRESNO MUNICPAL CODE FINDINGS
To designate a Historic Resource,the City Council must find it to meet the following criteria found in
FMC Section 12-1607 Designation Criteria:
(1) It has been in existence more than fifty years, and it possesses aspects of integrity
to convey it significance based upon location, design, setting materials,
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workmanship, felling or association and:
(i) It is associated with events that have made a significant contribution to the
broad patterns of our history; or
(ii) It is associated with the lives of persons significant in our past; or
(iii) It embodies the distinctive characteristics of a type, period or method of
construction, or represents the work of a master, or possess high artistic
values; or
(iv) It has yielded or may be likely to yield, information important in prehistory or
history.
(2) It has been in existence less than fifty years, it meets the criteria of subdivision
(1) of subsection (a) of this section and is of exceptional importance within the
Appropriate historical context, local, state or national.
The Commission determined the integrity of the building remains,and the property is eligible for
listing on the Local Register of Historic Resources as specified in the surveys.
Direction to Designate as a Resource
If the City Council finds that the property meets the designation criteria,and approves the resolution
of designation, no demolition will be allowed without a finding of unreasonable economic hardship.
The designation proposal is not being submitted by the property owner.The property owner has
submitted a letter in opposition of the designation of the property.
On October 24,2022,the Commission held a hearing whereby they considered the demolition
permit.On behalf of the Applicant,Arman Devejian,and Mike Jundt of Associated Design &
Engineering,Inc.reported to the Commission that the building did not rise to the level of
preservation,and that the building is an economic hardship to the owner and a danger to the public.
An economic feasibility analysis was not provided to the Commission.
The Commission determined the integrity of the building remains,and the property is eligible for
listing on the Local Historic Register of Historic Resources as specified in the surveys attached to this
staff report.The Application was denied with a recommendation that the City Council consider listing
the property on the Local Register of Historic Resources (4 -0 Aye, 1 - Recusal).
Direction to Not Consider Designation
If the City Council does not designate the property,future building applications may be considered
without additional historic review.
ENVIRONMENTAL FINDINGS:
Designation of a Historic Resource to the Local Register of Historic Resources is not a project.
LOCAL PREFERENCE:
N/A
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FISICAL IMPACT:
N/A
Attachments:
Resolution
Exhibit A - Demolition Application [8-2-2021]
Exhibit B - Fulton Corridor Historic Resources Survey [April 2014]
Exhibit C - FMC Findings
Exhibit D - Secretary of Interior’s Standards
Exhibit E - Public Comments Received
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REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
December 2011 (Revised April 2014)
HISTORIC RESOURCES GROUP
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
December 2011 (Revised April 2014)
HISTORIC RESOURCES GROUP
1
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
PREPARED FOR
Moule & Polyzoides
Architects and Urbanists
180 E. California Boulevard
Pasadena, California
2
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
TABLE OF CONTENTS
3 Overview
5 Federal and State Regulatory Framework
10 City of Fresno Regulatory Framework
16 Downtown Fresno Historic Context
67 Themes and Associated Property Types
84 Architectural Character
93 Survey Methodology
100 Survey Results
111 Glossary of Terms
114 Bibliography
Appendices
Appendix A: Properties that Appear Eligible for Individual Historic
Landmark Designation
Appendix B: Contributors to the Civic Center Historic District
Appendix C: Fulton Mall Potential Historic District Evaluations
Appendix D: California Office of Historic Preservation Historical Resource
Status Codes
List of Figures
Figure 1: Intensive Survey Area
Figure 2: Properties Eligible for Individual Designation
Figure 3: Potential Civic Center Historic District
Figure 4: Potential Fulton Street-Fulton Mall Historic District
3
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
OVERVIEW
Downtown Fresno and its immediately
surrounding neighborhoods contain
some of the City’s oldest and most
historically significant areas, and has
been the subject of numerous previous
surveys and studies. These earlier efforts
have identified both individual historic
resources and several historic districts,
and include resources found eligible for
the National Register of Historic Places
and the California Register of Historical
Resources. Many resources have also
been designated as local historic
resources by the City of Fresno.
The 2011 survey was designed to
accomplish three key objectives
regarding historic resources within the
Downtown Fresno (Fulton Corridor):
1. Identification of individual
properties significant to the history
of the City of Fresno, California,
and the nation that had not been
previously identified through
survey.
2. Identification of any geographic or
thematic groupings of properties
that would comprise a potential
historic district.
3. Evaluation and documentation for
up to 300 properties located within
the Fulton Corridor that had not
been previously evaluated and
documented.
With these objectives in mind, the
scope of the survey was defined in
consultation with City staff to comprise
five main components:
1. A reconnaissance-level survey of
properties within the central
portions of the City as well as
selected outlying areas.
2. Intensive survey of the all properties
located on the Fulton Mall.
3. Intensive survey of up to 300
properties located within the Fulton
Corridor that had not been
previously surveyed or otherwise
evaluated as a historic resource.
4. An historic context statement for
Downtown Fresno.
5. Documentation of all surveyed
properties on DPR Forms 523A
and 523B.
The survey was conducted between
April 2010 and March 2011.
Participants included Christy McAvoy,
Managing Principal; Paul Travis, Senior
Preservation Planner; and Christine
Lazzaretto, Senior Architectural
Historian; all of whom meet the
Secretary of the Interior's qualifications
for professionals in historic
4
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
preservation.1 Additional assistance was
provided by Robbie Arangun, assistant
researcher.
Project coordination on behalf of the
City of Fresno was managed by Karana
Hattersley-Drayton, Historic
Preservation Project Manager.
As this survey report indicates,
Downtown Fresno boasts a substantial
number of historically significant
properties. With the information
compiled in this report and associated
appendices, the City is prepared to
pursue its ongoing efforts to protect and
preserve its vibrant past.
Purpose
The purpose of this historic property
survey report is to inform the City of
Fresno Development and Resource
Management Department, as well as
other municipal agencies and
community organizations associated
with the preparation of the Fulton
Corridor Specific Plan and the
Downtown Neighborhoods
Community Plan, of the history of the
area, and to identify those properties
1 Federal Register, Vol. 48, No. 190, pp. 44738-44739,
September 29, 1983.
within the survey boundaries that are
considered potentially
historically/architecturally significant
and potentially eligible for inclusion on
the City of Fresno Historical Resources
Register, the California Register of
Historical Resources, or the National
Register of Historic Places.
This survey is intended to help create
an inventory of potential historic
resources in the survey area. This
survey is not intended to constitute a
final determination as to the actual
historic or cultural value of the
properties listed herein. Consistent with
the holding in Citizens for Responsible
Development in West Hollywood v.
City of West Hollywood (1995) 39 Cal.
App. 4th 490, 504, this survey, in and of
itself, is not intended to be used to
identify “historical resources” for
purposes of CEQA without further
action by the City’s Historic
Preservation Commission and the
Council of the City of Fresno. Only the
Fresno City Council has authority under
the City of Fresno Historic Preservation
Ordinance (Fresno Municipal Code
Chapter 12, Article 16), pursuant to
procedures found therein, to declare
historic contributors to a Local Historic
District, to designate historic resources
to the Local Register of Historic
Resources, or to officially adopt
historical resource surveys, a
prerequisite for their submittal to the
State Office of Historic Preservation for
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REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
integration into the Historic Property
Data File for Fresno County.
Acknowledgements
City of Fresno
Elliott Balch
Downtown Revitalization Manager
Craig Scharton
Director, Downtown and
Community Revitalization
Department
Wilma Quan
Project Director and Urban Planning
Specialist
Fresno Historic Preservation
Commission
Molly LM Smith (Chair)
Don Simmons, Ph.D. (Vice Chair)
Joe Moore
Patrick Boyd
Sally Caglia
Teresa España
Christopher Johnson AIA
Community Members
Eldon Daetweiler
Lauren MacDonald
Bruce A. Owdom
Miguel Santos
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REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
FEDERAL AND STATE REGULATORY
FRAMEWORK
The identification and protection of
historic resources is supported by
Federal and state regulations. The
following discussion provides an
overview.
National Historic Preservation Act
The National Historic Preservation Act
(NHPA), which was most recently
amended in 1992, created the
framework for preservation activity in
the United States. The NHPA redefined
and expanded the National Register of
Historic Places which had been
established by the Historic Sites Act of
1935; created the position of State
Historic Preservation Officer (SHPO) to
administer state preservation programs;
established the Certified Local
Government Program; and set up the
Historic Preservation Fund to fund the
provisions of the Act.
Section 106 of the National Historic
Preservation Act, through a consultation
process with the Advisory Council on
Historic Preservation, mandates that the
effects of all federal undertakings on
properties listed in or eligible for listing
in the National Register be taken into
account.
National Environmental Policy Act
The intent of the National
Environmental Policy Act is to protect
the natural and built environment,
including historic properties, from
adverse effects resulting from federal
actions. Before a federal agency may
proceed with a proposed action, it must
first perform an environmental
assessment to determine whether the
action could have any significant effect
on the environment. If it is determined
that the action may have an effect on
the environment, the agency must then
prepare an Environmental Impact
Statement (EIS) which identifies all
environmental impacts resulting from
the action and lists mitigation measures
and project alternatives which avoid or
minimize adverse impacts.
Impacts involving historic properties are
usually assessed in coordination with
the process established under the
National Historic Preservation Act of
1966. Normally, the Section 106
process must be completed before the
Environmental Assessment or EIS can
be finalized.
California Environmental Quality Act
The California Environmental Quality
Act (CEQA) was enacted in 1970 and
most recently modified in 1998. The
basic purpose of CEQA is to inform
governmental decision makers and the
public about the potential significant
adverse effects, if any, of proposed
activities and projects.
It also provides opportunities for the
public and for other agencies to review
and comment on draft environmental
documents. As environmental policy,
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REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
CEQA requires that environmental
protection be given significant
consideration in the decision making
process. Historic resources are included
under environmental protection. Thus,
any project or action which constitutes
a substantial adverse change on a
historic resource also has a significant
effect on the environment and shall
comply with the State CEQA
Guidelines.
When the California Register of
Historical Resources was established in
1992, the Legislature amended CEQA
to clarify which cultural resources are
significant, as well as which project
impacts are considered to be
significantly adverse. A “substantial
adverse change” means “demolition,
destruction, relocation, or alteration
such that the significance of a historical
resource would be impaired.”
CEQA defines a historical resource as a
resource listed in, or determined eligible
for listing, in the California Register of
Historical Resources. All properties on
the California Register are to be
considered under CEQA. However,
because a property does not appear on
the California Register does not mean it
is not significant and therefore exempt
from CEQA consideration. Similar to
Section 106 and the National Register,
all resources determined eligible for the
California Register are also to be
considered under CEQA.
Public agencies must treat some
resources as significant under CEQA
unless the “preponderance of evidence
demonstrates” that the resource is not
historically or culturally significant.
These resources include locally
designated properties and properties
evaluated as significant in cultural
resources surveys which meet California
Register of Historical Resources criteria
and California Office of Historic
Preservation Survey Methodology.
Substantial adverse change in the
significance of a historical resource is
viewed as a significant effect on the
environment. CEQA prohibits the use
of a categorical exemption for projects
which may cause a substantial adverse
change.
Historic Designations
A property may be designated as
historic by National, State, and local
authorities. In order for a building to
qualify for listing in the National
Register or the California Register, it
must meet one or more identified
criteria of significance. The property
must also retain sufficient architectural
integrity to continue to evoke the sense
of place and time with which it is
historically associated.
National Register of Historic Places
The National Register of Historic Places
is an authoritative guide to be used by
Federal, State, and local governments,
private groups and citizens to identify
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the Nation's cultural resources and to
indicate what properties should be
considered for protection from
destruction or impairment.2 The
National Park Service administers the
National Register program. Listing in the
National Register assists in preservation
of historic properties in several ways
including: recognition that a property is
of significance to the nation, the state,
or the community; consideration in the
planning for federal or federally assisted
projects; eligibility for federal tax
benefits; and qualification for Federal
assistance for historic preservation,
when funds are available.
To be eligible for listing and/or listed in
the National Register, a resource must
possess significance in American history
and culture, architecture, or
archaeology. Listing in the National
Register is primarily honorary and does
not in and of itself provide protection of
an historic resource. The primary effect
of listing in the National Register on
private owners of historic buildings is
the availability of financial and tax
incentives. In addition, for projects that
receive Federal funding, a clearance
2 36CFR60, Section 60.2.
process must be completed in
accordance with Section 106 of the
National Historic Preservation Act.
Furthermore, state and local regulations
may apply to properties listed in the
National Register.
The criteria for listing in the National
Register follow established guidelines
for determining the significance of
properties. The quality of significance in
American history, architecture,
archeology, engineering, and culture is
present in districts, sites, buildings,
structures, and objects:
A. That are associated with events
that have made a significant
contribution to the broad patterns
of our history; or
B. That are associated with the lives
of persons significant in our past;
or
C. That embody the distinctive
characteristics of a type, period, or
method of construction, or that
represent the work of a master, or
that possess high artistic values, or
that represent a significant and
distinguishable entity whose
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components may lack individual
distinction; or
D. That have yielded, or may be
likely to yield, information
important in prehistory or
history. 3
In addition to meeting any or all of the
criteria listed above, properties
nominated must also possess integrity of
location, design, setting, materials,
workmanship, feeling, and association.
California Register of Historical
Resources
The California Register is an
authoritative guide in California used by
State and local agencies, private groups,
and citizens to identify the State's
historical resources and to indicate what
properties are to be protected, to the
extent prudent and feasible, from
substantial adverse change.4
The criteria for eligibility for listing in
the California Register are based upon
National Register criteria. These criteria
are:
1. Associated with events that have
made a significant contribution to
3 36CFR60, Section 60.3.
4 California PRC, Section 5023.1(a).
the broad patterns of local or
regional history or the cultural
heritage of California or the
United States.
2. Associated with the lives of
persons important to local,
California or national history.
3. Embodies the distinctive
characteristics of a type, period,
region or method of construction
or represents the work of a
master or possesses high artistic
values.
4. Has yielded, or has the potential
to yield, information important to
the prehistory or history of the
local area, California or the
nation.
The California Register consists of
resources that are listed automatically
and those that must be nominated
through an application and public
hearing process. The California Register
includes the following:
California properties formally
determined eligible for (Category
2 in the State Inventory of
Historical Resources), or listed in
(Category 1 in the State
Inventory), the National Register
of Historic Places.
State Historical Landmarks No.
770 and all consecutively
numbered state historical
landmarks following No. 770.
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For state historical landmarks
preceding No. 770, the Office of
Historic Preservation (OHP) shall
review their eligibility for the
California Register in accordance
with procedures to be adopted by
the State Historical Resources
Commission (commission).
Points of historical interest which
have been reviewed by the OHP
and recommended for listing by
the commission for inclusion in
the California Register in
accordance with criteria adopted
by the commission. 5
Other resources which may be
nominated for listing in the California
Register include:
Individual historical resources.
Historical resources contributing
to the significance of an historic
district.
Historical resources identified as
significant in historical resources
surveys, if the survey meets the
criteria listed in subdivision (g) of
Section 5023.1” of the Public
Resources Code.
5 California PRC, Section 5023.1(d).
Historical resources and historic
districts designated or listed as city
or county landmarks or historic
properties or districts pursuant to
any city or county ordinance, if
the criteria for designation or
listing under the ordinance have
been determined by the office to
be consistent with California
Register criteria.
Local landmarks or historic
properties designated under any
municipal or county ordinance. 6
6 California PRC, Section 5023.1(e).
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CITY OF FRESNO REGULATORY FRAMEWORK
2025 General Plan
Fresno’s responsibilities regarding
Historic Preservation are addressed in
Section G of the Resource Conservation
Element (Chapter 4) of the City of
Fresno’s 2025 General Plan. The
objectives and policy provided in
Section G reiterate the City of Fresno’s
commitment to historic preservation,
advocating for the “identification,
appropriate recognition, and promotion
of historic and cultural resources.”7
Fresno’s heritage will be safeguarded
“by preserving resources which reflect
important cultural, social, economic,
and architectural features so that
community residents will have a
foundation upon which to measure and
direct physical change.”8
Some key policy directives include:
Continued historic surveys
throughout the City;
Maintaining a computerized
database of information;
Developing resources to assist and
encourage citizen participation in
7 2025 Fresno General Plan Chapter 4, G-10
8 2025 Fresno General Plan Chapter 4, G-11
implementing preservation policy
and programs;
Enlarge the role of the Historic
Preservation Commission in
advising the City Council, other
legislative bodies, and the general
public on preservation issues;
Liberal interpretation and possible
amendment of existing codes to be
more supportive of historic
preservation objectives;
Encouraging adaptive re-use of
historic resources and the use of the
State Historic Building Code.
Required review of potential for
local listing by historic preservation
staff and, if necessary, the Historic
Preservation Commission, of any
building over fifty years old prior to
a formal demolition order by the
City.9
Historic Preservation Ordinance
The City of Fresno Historic Preservation
Ordinance was adopted in 1979 and
amended in 1999. It provides for the
designation, preservation, promotion,
9 The General Plan language qualifies that review is
subject to staffing levels and amendment of the
Historic Preservation Ordinance.
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and improvement of historic resources
and districts for the educational,
cultural, economic, and general welfare
of the public and the City of Fresno.10
The Historic Preservation Ordinance
establishes a Historic Preservation
Commission to oversee the City’s
historic preservation program, assigns
city staff to assist the Commission
including a historic preservation
specialist, establishes a local register of
historic resources, and criteria for
historic designation and the listing of
properties on a Local Register of
Historic Resources. Designated
properties are subject to a permit
review process that includes review by
the Historic Preservation Commission.
Historic Resource Designation
The Historic Preservation Ordinance
defines three categories of designation
for properties in Fresno: Historic
Resource, Heritage Property, and Local
Historic District.
The City of Fresno Historic Preservation
Commission and City Council may
designate any building, structure, object,
or site as a Historic Resource if it is
found to meet the following criteria:
10 Fresno Municipal Code 12-16.
It has been in existence for more than
fifty years and possesses integrity of
location, design, setting, materials,
workmanship, feeling, and association,
and:
i. It is associated with events that
have made a significant
contribution to the broad
patterns of our history; or
ii. It is associated with the lives of
persons significant in our past;
or
iii. It 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. It has yielded or may be likely
to yield, information important
in prehistory or history.11
Additionally, a property may be eligible
for designation as a Historic Resource if
it is less than fifty years old and meets
the above-listed criteria, and is found to
have exceptional importance within the
11 Fresno Municipal Code 12-1607(a)(1)
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appropriate historical context at the
local, state, or national level.12
Designation of a Historic Resource may
be initiated by the City Council, the
Historic Resources Commission, the
Secretary, the property owner, or an
authorized representative of the
owner.13
Heritage Property Designation
The Historic Preservation Ordinance
defines a Heritage Property as “ a
resource which is worthy of
preservation because of its historical,
architectural or aesthetic merit but
which is not proposed for and is not
designated as an Historic Resource…”
Any building, structure, object, or site
may be eligible for designation as a
Heritage Property by the City of Fresno
Historic Preservation Commission if it is
found by the Commission to be worthy
of preservation because of its historical,
architectural, or aesthetic merit.14 There
is no specific age requirement for
Heritage Property designation, and no
criteria for significance and integrity has
been established.
12 Fresno Municipal Code 12-1607(a)(2)
13 Fresno Municipal Code 12-1609(a)
14 Fresno Municipal Code 12-1607(d)
Heritage Property designation “may
only be initiated by the property owner
or an authorized representative of the
owner”15 and consideration of the
property by the Historic Preservation
Commission does not require advance
public notice. In addition, Heritage
Property designation is not reviewed by
the City Council.
Local Historic District
A Local Historic District is defined as
“any finite group of resources related to
one another in a clearly distinguishable
way or any geographically definable
area which possesses a significant
concentration, linkage or continuity of
sites, buildings, structures or objects
united historically or aesthetically by
plan or physical development.”16 In
addition, a proposed Local Historic
District must meet one or more of the
following criteria:
1) It exemplifies or reflects special
elements of the city’s cultural, social,
economic, political, aesthetic,
engineering, or architectural
heritage; or
15 City of Fresno Municipal Code Section 12-1612(a)
16 City of Fresno Municipal Code Section 12-1603(s)
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2) It is identified with a person or
group that contributed significantly
to the culture or development of
the city; or
3) It embodies the distinctive
characteristics of a style, type,
period, or method of construction,
or is a valuable example of the use
of indigenous materials or
craftsmanship; or
4) Structures within the area exemplify
a particular architectural style or
way of life to the city; or
5) The area is related to a designated
historic resource or district in such a
way that its preservation is essential
to the integrity of the designated
resource or LHD; or
6) The area has the potential for
yielding information of
archaeological interest.17
Fresno Heritage Sign Permit Program
The City of Fresno has established a
heritage sign permit program that
provides code compliance relief for
property owners of historic-era signs if
the signs are designated as historic
17 City of Fresno Municipal Code Section 12-1607(b)
objects under the City of Fresno
municipal code. In order to qualify for
heritage sign status and receive relief
from compliance to existing building
codes, the historic sign must meet the
following criteria:
Be at least 45 years old at the time of
application
Maintain appearance and materials as
originally designed
Meet (or will meet) all safety and
health codes,
And
Contribute to the history and social
history of the City, or
Contribute to a “sense of place” of a
City neighborhood, or
Maintain an association with a person
important in local history, or
Exemplify a style, design, or type of
sign.
Certified Local Government Status
Fresno is a Certified Local Government
(CLG) through an agreement with the
State Office of Historic Preservation.
This agreement allows the City to
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HISTORIC RESOURCES GROUP
review and approve projects funded by
the Department of Housing and Urban
Development (HUD) which may
impact Fresno’s historic resources. 18
The 1980 amendments to the National
Historic Preservation Act of 1966
provided for the establishment of a
Certified Local Government program
(CLG). The CLG program is a national
program designed to promote the direct
participation of a local government in
the preservation of historic properties
located within its jurisdiction. The CLG
program further encourages the
preservation of cultural resources by
establishing a relationship between the
local government, the State of
California, and the National Park
Service. In order to be a CLG, cities
must comply with the following five
criteria:
Adopt an historic preservation
ordinance.
Establish a qualified preservation
commission.
18 City of Fresno Planning Department, Historic
Preservation web page. Accessed October 2010.
http://www.fresno.gov/Government/DepartmentDir
ectory/PlanningandDevelopment/Planning/HistoricP
reservation/default.htm
Provide for adequate public
participation in the local historic
preservation program.
Conduct and maintain a
comprehensive historic and
architectural survey.
Complete other responsibilities
assigned by the state.
Certified Local Governments directly
participate in the nomination of historic
properties to the National Register of
Historic Places and perform other
preservation functions delegated by the
SHPO under the National Historic
Preservation Act. These may include the
responsibility to review and comment
on development projects for
compliance with federal and state
environmental regulations, including
such activities as Section 106 reviews,
review of National Register
nominations, and review of
rehabilitation plans for projects seeking
the Federal Rehabilitation Tax Credit.
Local governments that participate in
the CLG program are also eligible to
apply to the SHPO for funding. Each
state is required to allocate ten percent
of their annual Federal appropriation to
CLG activities. Types of activities that
can be funded through a CLG grant
include: architectural, historical,
archeological surveys; nominations to
the National Register of Historic Places;
staff work for historic preservation
commissions; design guidelines and
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preservation plans; public outreach
materials such as publications, videos,
exhibits, and brochures; training for
commission members and staff; and
rehabilitation or restoration of National
Register listed properties.
Fulton/Lowell Specific Plan (1996)
The Fulton/Lowell Specific Plan
(adopted in 1996 and amended in
2002) guides development in an area
that includes the Lowell plan area,
much of the Cultural Arts District and
portions of the Central Business District
within the Fulton Corridor plan area.
The Fulton/Lowell Specific Plan
“supports and recommends an
increased emphasis on historic
preservation” stating that “high priority
should be given to the rehabilitation
and restoration of historic structures,
neighborhoods, and districts…” Fifty-
seven (57) designated historic structures
within the neighborhood (in 1996) are
acknowledged and preservation is a
stated goal supported by policy and
implementation actions. 19
The development of the Fulton/Lowell
plan included the formation of the
Fulton-Lowell Plan Advisory
19 Fulton-Lowell Specific Plan (45.-46)
Committee to monitor and oversee the
implementation of the Specific Plan.
Key among the Committee’s
responsibilities is to “review and make
recommendations on plan
amendments, development entitlements
(including building, demolition, and sign
permits), and site plan review
applications in the Fulton/Lowell
Specific Plan Area.”20
20 Ibid. (61)
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HISTORIC RESOURCES GROUP
DOWNTOWN FRESNO HISTORIC CONTEXT
Overview
A historic context statement for
Downtown Fresno is contained in the
following pages. This historic context
statement is a critical component of the
2011 survey.
In order to understand the significance
of the historic and architectural
resources in Downtown Fresno, it is
necessary to examine those resources
within a series of contexts. By placing
built resources in the appropriate
historic, social, and architectural context,
the relationship between an area’s
physical environment and its broader
history can be established. For this
reason, historic properties must be
considered in relation to important
historic events and periods of
development in the City of Fresno as
a whole.
A historic context statement analyzes
the historical development of a
community according to guidelines
written by the National Park Service
and specified in National Register
Bulletin 16A. The Bulletin describes an
historic context as follows:
Historic context is information about
historic trends and properties grouped
by an important theme in pre-history or
history of a community, state, or the
nation during a particular period of
time. Because historic contexts are
organized by theme, place, and time,
they link historic properties to
important historic trends. In this way,
they provide a framework for
determining the significance of a
property.
An historic context statement is linked
with tangible built resources through
the concept of “property type,” a
grouping of individual properties based
on shared physical or associative
characteristics. It should identify the
various historical factors that shaped the
development of the area. It may
include, but need not be limited to:
Historical activities or events
Historic personages
Building types, architectural
styles, and materials
Patterns of physical
development
An historic context statement is not a
comprehensive history of an area.
Rather, it is intended to highlight trends
and patterns critical to the
understanding of the built environment.
It provides a framework for the
continuing process of identifying
historic, architectural, and cultural
resources. It may also serve as a guide
to enable citizens, planners, and
decision-makers to evaluate the relative
significance and integrity of individual
properties. Specific examples referred to
in this context statement are included
solely to illustrate physical and
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HISTORIC RESOURCES GROUP
associative characteristics of each
resource type. Exclusion from this
context statement does not diminish the
significance of any individual resource.
Numerous sources were used to
compile the historic context statement
for Fresno’s Downtown. These include
local newspapers; historic photographs;
Sanborn fire insurance maps; and
published histories.
In addition, material included here has
been developed in part by previous
survey efforts. These surveys are
reviewed in the Regulatory Framework
section of the Downtown (Fulton
Corridor) Survey Report. Elements of
these documents and other studies have
been incorporated here to provide
continuity of scholarship and approach.
Objectives
Specific objectives of this historic
context report include:
Establishment of significant themes
and events in the development of
Downtown Fresno;
Identification of property types
associated with this development;
Description of architectural styles
found in Downtown Fresno;
Identification of significant people
who were influential in the
development of Downtown Fresno;
Identification of architects, builders,
developers and landscape architects
known to have influenced the
physical character of Downtown
Fresno.
Important Themes
The historic context provides a general
history of the built environment of
Downtown Fresno, its associated
themes and property types. It addresses
the broad historical themes that
contributed to the development of
Fresno, outlines the chronological
development of the built environment,
and identifies key historic resources
from each period. Themes that have
had the most significant impact on the
extant built environment of Downtown
Fresno include:
The Railroad and Town
Establishment
Early 20th Century Commercial
Development
Early 20th Century Residential
Development
Immigration and Fresno’s Ethnic
Communities
Industrial Development
New Deal Civic Development
Mid-Century Downtown
Commercial Revitalization
Mid-Century Downtown Civic
Revitalization
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HISTORIC RESOURCES GROUP
Pre-European History
Humans have lived in the dry, arid
regions of central California for
thousands of years. The area’s earliest
known human inhabitants are generally
referred to as the “Yokuts” a native
term meaning “people” that refers to
over sixty tribes linked through
language, culture, and kinship. These
tribes populated a large swath of central
California, ranging from the Sacramento
River Delta in the north to present-day
Bakersfield to the south as well as the
Sierra Nevada foothills to the east.
Evidence suggests the Yokut tribes
developed a robust trading culture with
other native California peoples
including California coastal tribes.21
European Exploration and Settlement
1805-1848
Europeans did not arrive in central
California until the 19th Century.
Spanish missionaries first explored the
region in 1805 and 1806, followed by
the Ashley Expedition which arrived
from St. Louis in 1823 to hunt and trap
along the Merced, Stanislaus, and
21 Picayune Rancheria of the Chukchansi Indians
website. accessed March 26, 2011.
http://www.chukchansi.net/history.html
Tuolumne rivers.22 While the Spanish
expeditions would name the valley “San
Joaquin”, the dry, desert-like region was
not considered suitable for permanent
settlement. Scattered settlements were
eventually established after Mexican
Independence in 1834. It was during
the Spanish and Mexican eras that the
name “Fresno,” (a Spanish word
meaning “ash tree”) was first applied in
the region to identify the Fresno River,
a tributary of the larger San Joaquin
River.23
In 1848, Mexico’s northern territories,
including California, were ceded to the
United States following the Mexican-
American War. The discovery of gold at
Sutter’s Mill north of Sacramento that
same year attracted thousands of
people to California in the Gold Rush.
Miners were drawn to the southern
Sierra Nevada in search of riches, and
soon cattle ranchers occupied the San
Joaquin’s arid lands. The new arrivals
quickly organized their own settlements,
including the mining town of Rootville
22 Page & Turnbull, Inc. Historic Properties Survey
Report South Stadium Project Area, August 2008.
23 Hattersley-Drayton, Karana. Historic Architecture
Survey Report for Renaissance at Santa Clara
Residential Development Project, City of Fresno,
February 2011. (16)
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in 1851. Located on the San Joaquin
River, Rootville was renamed Millerton
in 1854 and in 1856 became the
county seat of the newly created Fresno
County, a new county carved out from
portions of existing Mariposa, Merced,
and Tulare counties. Millerton remained
the county seat until 1874, when the
recently established town of Fresno,
located fifteen miles to the south,
assumed the title. By that time, the
majority of Millerton’s population had
largely decamped to Fresno as well.24
Town Establishment 1872-1900
The town of Fresno’s establishment and
its subsequent growth into the San
Joaquin Valley’s most important urban
center was made possible by three
roughly concurrent developments: (1)
the development of regional irrigation
systems that unleashed the valley’s
fertile soils and abundant sunshine for
agricultural use; (2) the construction of
the Central Pacific Railroad through
central California which provided a vital
connection to the country’s urban
24 Page & Turnbull, Inc. Historic Properties Survey
Report South Stadium Project Area, August 2008.
(5)
The Millerton town site is today the site of Lake
Millerton, an artificial lake created by the 1942
construction of the Friant Dam.
centers to the east; and (3) the
formation of agricultural colonies which
brought thousands of farmer-settlers to
the region and maximized the valley’s
agricultural potential. These three
factors would place Fresno at the center
of what would become the most
productive agricultural regions in the
United States.25
Water, Agriculture and the Railroad
Irrigation of farmland in Fresno County
begins with the storied partnership of
ranch owners Anthony Y. Easterby and
Moses J. Church. Believing that the land
in Fresno County held significant
agricultural possibilities, Easterby
purchased a large tract of land north
and east of present-day Downtown
Fresno in 1867. He hired Church,
another believer in the county’s
agricultural potential, to design and
build a canal and irrigation system that
would divert water from the Sierra
Nevada and provide a reliable water
source. The resulting system provided
Easterby with enough water to
successfully cultivate a substantial wheat
25 Hattersley-Drayton, Karana. Historic Architecture
Survey Report for Plan Amendment A-08-007 and
Rezone A-08-034, City of Fresno, July 2009 (5)
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crop by 1871.26 Church would then
form the Fresno Canal and Irrigation
Company and go on to build hundreds
of miles of canals -- referred to
colloquially as “Church Ditches” --
throughout the region.27
Easterby’s lush wheat fields were
noticed by officials from the Central
Pacific Railroad as they passed through
Fresno County looking for a location
for a train station to service newly laid
tracks running north-south through the
San Joaquin Valley. They purchased
over 4000 acres of land located to the
west of Easterby’s ranch and established
the Fresno Station site.
The new town of Fresno Station was
surveyed by Edward H. Mix in a
gridiron plan that paralleled the railroad
tracks. The standardized pattern of
streets, blocks, lots and alleys varied
only to set aside land for a county
courthouse and a broad corridor
through the center of town for rail
yards, and track right-of-way. The
26 Page & Turnbull, Inc. (6)
27 Panter, John “Central California Colony: Marvel of
the Desert”, Fresno Past & Present, the Journal of
the Fresno City and County Historical Society, Vol.
35 No. 2, Summer 1994.
Central Pacific train depot was located
at Tulare and “H” streets.
By 1874, the County Courthouse was
constructed, and a cluster of
commercial establishments had formed
along “H” Street that included stores,
hotels, restaurants, and saloons.
Fresno County Courthouse (demolished)
Fresno Historical Society Archives
22
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HISTORIC RESOURCES GROUP
Fresno Map 1873
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One year later, 600 people were
resident in Fresno including
approximately 200 Chinese living on
the west side of the railroad tracks.28
By 1880 the population was over 1000.
Widespread prosperity would ultimately
come to Fresno County with the
introduction of agricultural colonies.
These colonies secured water rights for
large tracts of land. The land was
subdivided into smaller land plots, and
the individual plots sold as family farms
with the individual farmers sharing
water rights on a cooperative basis. The
first of these to be successful was the
Central California Colony established in
1875 just three miles south of the town
of Fresno.29 It would serve as a model
for the region and by 1903 Fresno
County boasted 48 separate colonies
on over 70,000 acres.30 Through the
colony system, the large tracts of land
surrounding Fresno were cultivated by
thousands of settlers who relocated to
the region.
28 Clough, Charles W. and Secrest, William B., Jr.
Fresno County: The Pioneer Years from the
Beginnings to 1900. Fresno, CA: Panorama West
Books, 1984. (122)
29 Panter 1994 (2)
30 Ibid. (9)
Fresno County’s most famous and
lucrative cash crop was the raisin. Local
legend has it that California’s first raisin
crop was the result of a massive heat
wave in 1873 which dried grapes on
the vine before farmers could pick
them. Whether apocryphal or not, the
intensive sun of the San Joaquin proved
perfect for drying raisins and raisin
grapes became a primary crop in Fresno
County. Cotton and figs also became
important crops. As agricultural
production grew and diversified, Fresno
became the primary market town for
the San Joaquin Valley.31
City Incorporation and Development
In 1885, with a population of over
3000, Fresno was incorporated as a city.
The January 1885 Sanborn map shows
a typical American frontier town with
scattered development across a roughly
six-block area radiating north-east from
the Central Pacific depot. The town
includes a densely constructed
commercial corridor running three
blocks up Mariposa Avenue between H
Street and the courthouse at Mariposa
and K Streets (present-day Van Ness
Avenue) replete with commercial
shops, lodging houses, banks, offices,
31 Hattersley-Drayton, Plan Amendment 2009 (7)
24
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Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
restaurants and saloons. Residential
dwellings are less densely distributed
north and northwest of Mariposa
Avenue along Fresno and Merced
Streets, and H, I, J, and K streets.
By 1887 all of the originally platted
railroad lots had been sold and
expansion subdivisions outside the
original town site were underway. The
May 1888 Sanborn Map shows
residential development expanding
north and west of Merced Street along
Tuolumne, Stanislaus, Calaveras, H, I, J
and K streets, and east of Mariposa
Avenue along Tulare, Kern, Inyo,
Mono, and Ventura Streets, and H, I J,
K, L, M, and N streets.
In 1889 the City’s streets were paved
and a new Central Pacific Depot was
constructed at H and Tulare streets,
replacing the earlier depot at the same
site. By 1890 Fresno’s population had
reached over 10,000 people. In 1896,
the San Francisco and San Joaquin
Valley Railroad (later the Santa Fe
Railroad) came to Fresno, located
northeast of and parallel to the Central
Pacific. The Mission Revival style depot
at Tulare and “O” streets was
completed in 1899.
Although never a manufacturing center,
Fresno developed a robust industrial
sector needed to support its growing
status as a transport and distribution
center for an increasingly important
agricultural region. Industrial activity in
Fresno developed largely in support of
agricultural activities -- primarily raisin
and dried fruit packing – with facilities
tending to cluster in close proximity to
the railroad. By 1898 eleven large fruit
packing houses could be found on H
and G streets, forming an industrial
corridor between Fresno Street to the
north and Santa Clara Street to the
south. Other industrial properties along
the same corridor include grain
warehouses, produce warehouses, and
lumber yards.32 Industrial development
continued south and east along the rail
lines and also clustered near the Santa
Fe depot to the north.
32 Fresno Sanborn Fire Insurance Maps 1898
Southern Pacific (originally Central Pacific)
Depot
25
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Mariposa Street in 1888
May 1888 Sanborn Insurance Map
26
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Immigration and Ethnic Settlement
Fresno’s late 19th Century population
was an ethnic mix of people with
origins from many points around the
globe. The earliest settlers were former
miners drawn to California by the Gold
Rush and Scandinavian farmers who
were some of the first to take advantage
of the cooperative opportunities of the
agricultural colonies. Ethnic groups
whose settlement patterns were
important to the development of
Downtown Fresno include the Chinese,
present in Fresno from the very
beginning. Restricted from other areas,
the Chinese settled south of the railroad
between G Street, Mariposa Avenue, F
Street and Kern Street which
immediately became known as
“Chinatown.”33
The racial restrictions produced a
density and intensity of land use in
Chinatown found nowhere else in
Fresno. The 1898 Sanborn Map reveals
lodging houses, saloons, gambling
parlors, “female boarding” houses34, and
a Chinese theater all packed into a
couple of blocks. Towards the end of
the 19th Century, Japanese immigrants
33 Hattersley-Drayton, Plan Amendment 2009 (5-6)
34 Understood to be a euphemism for brothels.
also began arriving in Fresno. Facing
similar anti-Asian racial prejudice, many
would settle in the Chinatown area.
The first Armenian settlers, the Seropian
Brothers, arrived in Fresno in 1881.
Successive waves of Armenian
immigration would create one of the
strongest and most successful ethnic
communities in Fresno. Many of the
first Armenian immigrants were farmers
whose expertise with vineyards and
grape cultivation would become
instrumental in the development of the
raisin industry. Armenians would
eventually colonize an area located
between the Santa Fe and Southern
Pacific tracks known locally as
“Armenian Town”35 which was roughly
bounded by Kern Street, Los Angeles
35 Hattersley-Drayton, Plan Amendment 2009 (6)
Wing Chee Family circa 1900
Fresno Historical Society Archives
27
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Street, Broadway and O Street. Fresno’s
Armenian population would reach its
peak in the aftermath of the1915
Armenian Genocide by the Ottoman
Empire which forced emigration of
many Armenians.36
Ethnic Germans from Russia or “Volga
Germans” first arrived in Fresno in
1887.37 Their numbers continued to
grow and the community coalesced in
“German Town” located directly south
of Downtown in an area of land
bounded by Church Street, Mono
Street, G Street, and Fruit Street.38
A smaller community of African-
Americans was also present very early,
evidenced by the 1892 establishment of
an African Methodist Church in 1882.
The African-American community
largely settled south and west of
Downtown Fresno.39
36 Armenian National Institute website
http://www.armenian-genocide.org
37 Architectural Resources Group. Germantown,
Fresno Historical Context, April 2006. ( 8)
38 Ibid. (12)
39 Clough, 1984. (137)
Urban Form and Pattern
By the turn of the century Fresno had a
population of over 12,000 people and
the city had established its fundamental
urban form. Key characteristics of this
form include the two parallel rail lines
bordering the central city to the
southwest and northeast; the original
street grid oriented northwest-southeast
in concert with the rail lines; mid-block
alleys as part of the street grid; the
centrally located County Courthouse
within a large grassy square; a growing
central business and commercial district
radiating from the intersection of
Mariposa Street and J Street just south
of the Courthouse; industrial uses
clustered along both rail lines (H and G
streets to southwest, R and Q streets to
the northeast); and surrounding
residential neighborhoods with the
more prosperous citizens locating to the
north and east, and citizens of more
modest means located to the south
and west.
Mariposa Street 1889
A.W. Peters Collection of Fresno County, Fresno
Historical Society Archives
28
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Sanborn Fire Insurance Map 1898
Overview map showing Fresno’s urban pattern at the end of the 19th century.
29
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Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
The expansion of the city outside the
original town site was also well-
established with street alignments
shifting from the original northwest-
southeast direction within the original
town site to an alignment with the
cardinal directions within the expansion
areas.40 This general pattern would carry
forward into the mid-20th Century.
The Valley’s Metropolis (1901-1930)
The first three decades of the 20th
Century were a period of steady growth
and increasing prosperity for Fresno
during which the city established itself
as the primary city of the San Joaquin
Valley.
Growth and Prosperity
The City’s first electric streetcar was in
use in 1902. By 1909 the first double-
track streetcar line was installed along J
Street. By the early 1920s, streetcar
lines would radiate out from the central
business district to the north, east,
south, and west where farmland was
being subdivided for suburban
development. The expanding transit
infrastructure, along with exponentially
increasing private automobile
ownership, made living further from the
40 Page & Turnbull, Inc. (8)
city center possible. Land within the
central city increasingly became used
for commercial and civic purposes.
Fresno Streetcar
Fresno Historical Society Archives
30
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Fresno Transit Map 1923
Taken from Trolleys of the San Joaquin-When Fresno Rode the Rails by Edward Hamm Jr. 1979
31
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Three important civic buildings were
constructed Downtown in the decade
just after the turn of the century. The
first, the Fresno Public Library, was built
on the east side of I Street between
Merced and Tuolumne with a $30,000
Carnegie grant. Completed in 1904, the
Fresno Carnegie Library was one of the
earliest and costliest in the Carnegie
system. Architects Copeland and Dole
of New York designed the building in
the Classical Revival style.41
41 Carnegie Libraries of California website
http://www.carnegie-libraries.org/california/fresno.html
The Carnegie Library was demolished in 1959.
In 1907, the first purpose-built City Hall
was constructed just down the street
from the library at the southeast corner
of I Street and Merced. A new Post
Office was constructed at the northwest
corner of Tulare and Van Ness. These
substantial and architecturally
distinguished buildings signaled that
Fresno had moved beyond its early
nascent stage.
Concurrently, Fresno’s central business
district experienced a building boom
during the early part of the 20th
century. The 1906 Sanborn Maps show
the central commercial corridor
expanded along I and J streets both
north and south of Mariposa between
Tulare and Fresno streets. By 1919, the
concentration of buildings on both
streets reaches north to Tuolumne and
south to Inyo with stores, restaurants,
offices, banks, hotels, and theaters all
represented.42 That same year, I Street
was renamed Broadway and K Street
was renamed Van Ness Avenue. In
commemoration of Fresno business
man Fulton G. Berry, J Street was
renamed Fulton Street in 1923.43
42 Fresno Sanborn Fire Insurance Map 1919.
43 Urbana Preservation and Planning. City of Fresno
Arts-Culture District Historic Property Survey, July
2006. (17)
Fresno Carnegie Library (demolished)
Fresno County Public Library Collection
32
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Sanborn Fire Insurance Map 1918-1919
Map showing the density of central Fresno in the early-20th century.
33
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
The newly named Fulton Street had
been Fresno’s established “Main Street”
for years, the preferred location for the
Valley’s major consumer retailers.
Downtown’s skyline was transformed in
1913 when the ten-story Griffith-
MacKenzie building was constructed on
J and Mariposa streets, beginning a
series of high-rise and significant
building construction that would last
until 1929.
Major commercial buildings constructed
in the central business district during
this period include the Hotel Fresno
(1912); Gottschalk’s Department
Store(1914); the Bank of Italy Building
(1918); the Hotel Virginia (1920); the
Mattei Building (1921); the T.W.
Patterson building (1922); the San
Joaquin Light & Power Company
building and Hotel Californian (both
1923); the Radin-Kamp Department
Store (1924); the Wilson
Theater(1926); and the Pantages
Theater(1928).
Bank of Italy Building shown in 1926
Downtown Fresno circa 1920
San Joaquin Light & Power Building 1923
34
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Many of the significant buildings were
designed and constructed by the local
firm of R.F. Felchlin which was formed
in 1912 by Richard F. Felchlin and
architect Charles Franklin. In 1917,
architect Raymond Shaw joined the
firm and the firm became Felchin, Shaw
& Franklin in 1925.44 Their work would
define the Fresno skyline to the present
day.
Fruit Packing and Industrial Growth
Led by the fruit packing industry, the
City’s industrial areas continued to
expand in the 20th century. Large
parcels south of the Central Pacific
tracks were developed with packing
houses, storage warehouses, and drying
sheds. Fruit and produce wholesalers
Hobbs-Parsons Company operated
several warehouse and packing facilities.
Their 1903 produce warehouse at the
corner of H Street and Tulare remains
in place today and has been designated
a historic resource by the City. The
44 A Guide to Historic Architecture in Fresno,
California Accessed April 15, 2011.
http://historicfresno.org/bio/bio.htm
Among the firm's major projects in Downtown
Fresno were the Bank of Italy Building (1918), the
Patterson Building (1922), the San Joaquin Light &
Power Building (1923), the Pacific Southwest
Building (1923), and the Radin & Kamp
Department Store (1925).
Pacific Coast Seeded Raisin Co Plant
No. 6 first appears on the 1906
Sanborn Map at the northeast corner of
G and Mariposa. Later operated by
other concerns, the facility would
continue to grow, taking over the block
between Mariposa and Fresno. The
plant still remains today.45
Many of the businesses identified on
the early Sanborn Maps indicate branch
operations of statewide, national and
international companies. The California
Fruit Canners Association Fresno
Branch Cannery No. 16 was located on
H Street between Ventura and San
Benito streets.46 The Association was
the result of a merger of California’s
major fruit canners. In 1916, they
became the California Packing
Corporation or CALPAK, marketing
products under the Del Monte brand.47
45 Fresno Sanborn Fire Insurance Maps 1906, 1919,
1948, 1963, 1970.
46 Fresno Sanborn Fire Insurance Map 1906.
47 "California Fruit Canners Association." Encyclopedia
Britannica. Encyclopedia Britannica Online.
Encyclopedia Britannica, 2011. Web. 17 Jun. 2011.
<http://www.britannica.com/EBchecked/topic/895
84/California-Fruit-Canners-Association
35
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Sanborn Fire Insurance Map 1918-1919
Industrial development along the railroad between Tulare Street and Inyo Street.
Sanborn Fire Insurance Map 1918-1919
Industrial development along the railroad between Inyo Street and Ventura Street.
36
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
The Rosenberg Brothers Company
operated a large raisin and dried fruits
packing house (previously operated by
the H.L. Hobbs Company) at the
northwest corner of G Street and
Mono.48 The Rosenberg Brothers were
the founders of the Bear Creek
Corporation of Medford, Oregon,
marketing fruits and nuts as gifts under
the “Harry & David” brand.49
Another organization whose name
appears on early 20th Century Sanborn
maps is the California Associated Raisin
Company (CARC) whose success
would bring the San Joaquin Valley and
Fresno international recognition. CARC
was a cooperative organization formed
in 1912 by a group of San Joaquin
Valley raisin growers to gain greater
market share and combat fluctuating
prices and demand. Growers sold their
raisins to CARC for a guaranteed price
and then shared in any net profit, less a
fee to run the organization and pay a
dividend to shareholders.
48 Fresno Sanborn Fire Insurance Map 1919.
49 http://www.oregonencyclopedia.org/entry/
view/harry_david/
CARC would be responsible for
packaging the raisins and promoting
their use throughout the country.50
In 1915, CARC began marketing their
raisins under the “Sun-Maid” brand
name. A painted image of a young girl
wearing a red sun bonnet and holding a
tray of freshly picked grapes became
the company’s trademark, reproduced
on raisin boxes and all manner of
promotional materials. The model for
the image was a local Fresno girl named
50 Sun-Maid Corporate website. Accessed April 24,
2011. http://www.sun-
maid.com/en/about/our_history.html
1916 Sun Maid logo
Image courtesy of Sun Maid Corporation.
37
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Lorraine Collett Peterson who worked
part time for a packing company.
Along with a group of other "Sun
Maids" employed by the firm, Miss
Peterson made personal appearances to
promote the raisins, while magazine and
newspaper ads emphasized the benefits
of raisins dried naturally by the sun
versus mechanical or chemical drying.
Recipe booklets and other materials
helped increase Americans'
consumption of raisins significantly.
CARC also employed a national team
of agents to sell raisins directly to
grocers, reducing the need for an
outside distribution network. This
sophisticated integration of advertising,
public relations and sales efforts was
enormously successful.51
In 1918, CARC opened a huge
processing and packing plant at the
corner of Hamilton and Pearl streets
just south of the Fulton Corridor.
CARC's name was officially changed to
Sun-Maid Raisin Growers of California
in 1922, reflecting the success of its
national branding efforts. Sun Maid
51 Ibid.
would continue operating the Fresno
plant until 1964. 52
In addition to fruit packing, other
industrial activities during this period
included grain storage, general
merchandise warehousing, lumber
yards, beer and soda bottling, soap
manufacturing, and a machine foundry.
The Danish Creamery Association
began operating a dairy products
processing facility at the corner of E
Street and Inyo sometime before
1918.53 Dairy products are still
52 Ibid.
53 Fresno Sanborn Fire Insurance Map 1918.
Fresno Sun Maid Packing Plant 1918
Image courtesy of Sun-Maid Corporation.
38
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
processed today at the site by California
Dairies, Inc. including butter under the
Danish Creamery brand name.54
54 http://www.californiadairies.com/products
39
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
The area north of the railroad tracks
and northwest of the central business
district also began to change
dramatically during the second decade
of the 20th Century where commercial
and light industrial uses, including a
large number of automobile service
businesses, began to replace the
residential properties originally
constructed there.
By the end of the 1920s, Fresno had
transformed into a thriving city at the
center of the United State’s most
productive agricultural region. The
downtown was fully established as the
San Joaquin Valley’s primary
marketplace offering office, retail,
lodging, dining, and entertainment
facilities. Adjacent industrial activity
enabled agricultural goods to be
processed and shipped to distant
consumers. The central city’s residential
areas had largely been developed.
Residential properties were increasingly
redeveloped for commercial uses as the
City’s wide-ranging streetcar system and
increased private automobile ownership
allowed more of Fresno’s citizens to live
outside of the city center. Fresno, along
with the nation, appeared increasingly
prosperous. Then on November 24,
1929, the New York Stock Exchange
crashed and millions of dollars in stock
value vanished. The stock market crash
exposed structural weaknesses in the
banking and finance systems, key
industries, and the economy as a whole,
ushering in the Great Depression.
The Great Depression and World War II
(1930-1945)
The Great Depression had a profound
effect on the San Joaquin Valley.
Farmers were forced to cut costs in the
face of reduced demand for their
products; many were forced into
foreclosure. Along with the rest of the
country, unemployment skyrocketed.
The Valley’s problems were
exacerbated by the influx of migrant
Fulton Street 1924
Image courtesy of Pop Laval Collection.
40
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
refugees or “Dust Bowl” migrants. It is
believed that 2.5 million people
migrated from the Midwestern Plains
states between 1930 and 1940, with
over 300,000 relocating to California
just between 1930 and 1934.55
Thousands more would continue to
arrive throughout the 1930s and many
ended up in the Central Valley as
migrant farm workers earning very low
wages.
Fresno’s downtown development boom
came to an end. While the economy
did reach a tenuous equilibrium by the
mid-1930s and Downtown Fresno’s
streets continued to bustle with
commercial activity, no new major
downtown construction project was
initiated by private enterprise until after
World War II. Instead, major projects
were the result of government
spending.
55 Starr, Kevin, Endangered Dreams, The Great
Depression in California, Oxford University Press
1996. (224)
Civic Improvements and
the “New Deal”
The domestic policies of the
administration of U.S. President Franklin
Delano Roosevelt in the 1930s –
popularly called the “New Deal” --
marshaled direct government
investment to alleviate the problems of
poverty, unemployment and the
disintegration of the American
economy associated with the Great
Depression. 56 The Public Works
Administration (PWA), which began in
56 “New Deal”, Encyclopaedia Britannica online,
accessed April 7, 2011. http://www.britannica.com/
EBchecked/topic/411331/New-Deal
Intersection of Fulton Street and Tulare Street 1936
Image courtesy of the Pop Laval Collection
41
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
1933 and the Works Progress (later
Work Projects) Administration (WPA),
which began in 1935, funneled
significant financial resources to
communities across the United States
for the construction of roads, bridges,
parks, and civic and institutional
buildings.57
In 1933 the City of Fresno
implemented a street improvement
program along Broadway between
Divisadero and Tulare streets. The
width of Broadway was increased by
ten feet and buildings affected by the
street widening were given façade
remodels in a Spanish Revival style.
Two extant properties Downtown that
reflect the 1933 Spanish architectural
controls are the warehouse at 1416
Broadway and the Parker Nash building
at 1462 Broadway.58
A group of local architects including W.
D. Coates, Charles H. Franklin, H.
Rafael Lake, Ernest J. Kump, Sr., Fred
Swartz, and Edward W. Peterson
formed a partnership in order to
57 Ibid. “Works Progress Administration”,
http://www.britannica.com/EBchecked/topic/64817
8/Works-Progress-Administration-
WPA?anchor=ref17478
58 Urbana Preservation and Planning., Arts-Culture
2006. (17)
compete with larger firms for
commissions funded by New Deal
programs. This group – Allied
Architects of Fresno – would go on to
design the majority of New Deal
funded buildings constructed in
Fresno.59
The New Deal would transform the
City’s Civic Center with the
construction of five new civic buildings
constructed between 1936 and 1941
near the County Courthouse. These
projects include the Fresno Memorial
Auditorium, the U.S. Post Office, the
Fresno County Hall of Records, the
Fresno Unified School District
Administration Building, and the Fresno
City Hall.
59 Planning Resource Associates, Inc. Mid-Century
Modernism Historic Context, September 2008. (22)
Fresno Memorial Auditorium
Postcard image circa 1940
42
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
In addition to monumental civic
projects the New Deal benefited Fresno
through park improvements, street
improvements, and fire stations.
In 1939, following a national trend
away from fixed-rail transit, Fresno’s
streetcars were removed from service
and replaced with buses. Despite the
severe economic downturn, the
decentralizing forces of increased
automobile ownership and readily
available land were apparent.
World War II
On December 7th, 1941 the Japanese
attacked Pearl Harbor and the United
States officially entered World War II.
The United States entrance into the
War effectively ended the Depression in
California as all aspects of the national
economy mobilized to serve the war
effort. California received almost 12%
of the government war contracts and
produced 17% of all war supplies.60
California also acquired more military
installations than any other state by a
wide margin, and military bases were
opened throughout the state. Aircraft,
shipbuilding, and numerous other
industries were booming due to the war
effort, and unemployment was virtually
eliminated.
60 California Military History Online, website
(http://www.militarymuseum.org/HistoryWWII.
html). Accessed June 2011.
Fresno Hall of Records
Postcard image circa 1940.
Streetcars on Fulton Street at Mariposa 1938
Image courtesy of the Fresno Bee archives.
43
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Approximately 60,000 servicemen
were stationed in and around Fresno
during the War. Military activity was
concentrated at two locations. One, the
Hammer Field bomber base, was
constructed in 1941 just beyond what
was then the eastern boundary of the
City. Today it is the site of Fresno
Yosemite International Airport. The
second, Camp Pinedale, was located six
miles north of Downtown Fresno in the
(then) unincorporated community of
Pinedale on the site of the defunct
Sugar Pine Lumber Company. 61 The
Army had acquired the site in March of
1942 for use as an Army Signal
Training School.62
Fresno County was also the site of two
of the temporary detention camps (also
known as “assembly centers”) that
facilitated the first phase of the mass
incarceration of Californians of Japanese
ancestry. One detention camp operated
at Camp Pinedale between May and
July of 1942. The second was at the Big
Fresno Fairgrounds located east of
61 Planning Resource Associates, Inc. Mid-Century
Modern (27)
62 Planning Resource Associates, Inc. Pinedale Historic
Resource Survey, October 2007. (8)
Downtown at the intersection of Kings
Canyon Road and Maple Avenue.63
63 Planning Resource Associates, Inc. Mid-Century
Modern (28)
Soldiers parade down Fulton Street 1943
Image courtesy of The Fresno Bee.
44
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Renewal and Revitalization (1946-1979)
In the years following World War II
California experienced a period of
unprecedented population growth and
economic expansion. California’s
population increased by sixty-seven
percent between 1950 and 1960. By
1970, California would have almost 20
million residents.64
The population explosion coupled with
ever increasing automobile ownership
spurred the development of the
automobile-oriented suburb. As the
California’s cities expanded outward to
accommodate new residential
subdivisions, business and industry
followed. The traditional role of
Downtowns as the primary location for
economic and cultural activity was
eroded.65
Downtown Stagnation
The post-war era marked the decline of
downtowns throughout the United
States due to suburban development,
the demise of urban mass transportation
64 Starr, Kevin, Golden Dreams, California in an Age of
Abundance 1950-1960, Oxford University Press
2009.(x-xi)
65 Fogelson, Robert F. Downtown: Its Rise and Fall,
1880-1950, Yale University Press, 2003.
and disinvestment in City centers.66 The
City of Fresno was no exception
although these changes were not
immediate. In 1948, Gottschalk’s
flagship store on Fulton Street was
expanded and its façade was renovated
in a late-Moderne style. This investment
appeared to signal the retailer’s belief in
the continued viability of Downtown
Fresno as an important retail center.
Other smaller retailers also revamped
their street-facing facades. The pending
construction of Highway 99 just west of
Downtown promised greater
accessibility from outlying areas.
66 Ibid.
Fulton Street
Postcard image circa 1955.
45
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
By the mid-1950s, however, the results
of rapid suburbanization were
becoming evident in Downtown Fresno
as major retailers such as Sears &
Roebuck relocated to newly developed
suburban shopping centers such as
Manchester Center (1955) and Fig
Garden Village (1956).67 The
downtown core was continually being
bypassed as a place to locate new
businesses. With Downtown unable to
compete with burgeoning suburban
development, construction of new
buildings in Downtown Fresno came to
a virtual halt.
The Gruen Plan and Urban Renewal
Official planning for the renewal and
revitalization of Downtown Fresno
began under the leadership of Mayor
Arthur Selland (1958-1963). In 1958,
the Fresno Redevelopment Agency and
the Downtown Association68 hired
Victor Gruen Associates to create a
General Plan for the redevelopment of
the downtown area. The revitalization
67 PBID Partners of Downtown Fresno website, The
Fulton Mall: A Brief History , accessed March 9,
2011 http://www.downtownfresno.org/fulton-
mall.html
68 The Downtown Association of Fresno is a private,
nonprofit membership organization founded in
1955 to support the revitalization of Fresno’s
Central Business District.
of Fulton Street, development of a
government and public service civic
center, and the construction of a
regional conference center were all
considered essential for restoring
Downtown Fresno as an important
urban center.69
Victor Gruen was considered one of the
most innovative and influential figures
in the design of commercial and retail
architecture. After immigrating to the
United States from his native Austria in
1938, Gruen quickly found success
with his imaginative designs for urban
retail stores. His 1954 design of the
Northland Center shopping mall in
suburban Detroit, is considered
America’s first outdoor suburban
shopping mall, and brought Gruen
national attention. In 1956 he designed
the nation's first indoor shopping mall --
Southdale Center -- in Edina,
Minnesota, southwest of Minneapolis.70
69 PBID Partners of Downtown Fresno website.
70 Loomis, Allen A. Locating Victor Gruen, 2000.
Accessed on Delirious LA website April 22, 2011.
http://www.deliriousla.net/essays/2000-gruen.htm
46
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Downtown Fresno (Fulton Corridor)
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HISTORIC RESOURCES GROUP
Original Comprehensive Plan for Core Superblock
Victor Gruen Associates, 1960
47
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HISTORIC RESOURCES GROUP
Gruen believed that the lessons learned
with his shopping mall designs would
have a transformative effect when
applied to urban settings. In 1955,
Gruen Associates designed a conceptual
plan for the revitalization of downtown
Fort Worth. The Fort Worth plan
surrounded the downtown’s central
business district with a ring road that
fed automobile traffic from freeways
and major boulevards into large parking
structures. Inside the traffic ring was a
landscaped pedestrian zone defined by
the former street grid, forming a
massive “superblock” unmolested by
automobile traffic.71
Although the Fort Worth plan was
never built, it generated a considerable
amount of attention, particularly among
the architects, planners and engineers
engaged in combating urban decay in
the United States. Gruen and Associates
soon developed a similar plan for
Kalamazoo, Michigan where the
nation’s first downtown pedestrian mall
was constructed in 1959.
Similar to his plans for Fort Worth and
Kalamazoo, Gruen’s plan for Fresno
envisioned new downtown freeways,
high-rise office and residential
71 Ibid.
developments and a new downtown
traffic pattern looping around a traffic-
free commercial core. A six-block
pedestrian mall along Fulton Street
would be the centerpiece of the
commercial core.72
Commercial Revitalization and the
Fulton Mall
The focused attention on Downtown
immediately spurred new commercial
development in fulfillment of the plan’s
vision. In 1961, Guarantee Savings and
Loan moved in to the 1921 Mattei
Building after remodeling the first three
floors. The iconic revolving “G” at the
top of the building signaled resurgence
in Downtown business activity.73 That
same year, Berkeley’s, a women’s
clothing retailer, 74 and Walter Smith a
men’s and boy’s clothing retailer,
opened new stores on opposite corners
of Fulton and Kern streets.75
72 Ibid.
73 “Savings Firm Will Open New Quarters”, Fresno
Bee, July 2, 1961
74 “Berkley’s Will Open In New Quarters”, Fresno Bee,
April 9, 1961
75 “Walter Smith Moves To Fulton-Kern Area”, Fresno
Bee, November 5, 1961
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HISTORIC RESOURCES GROUP
Fulton Street looking northwest 1962
Image courtesy of Lance & Cromwell.
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In 1962, the Fink & Skopp furniture
store moved into a new building at 933
Van Ness Avenue. Constructed on the
site of the 1920s-era Sequoia Hotel, the
new building, designed by local
architect Robert W. Stevens, featured a
dramatic arched façade.
Even more impressive was the
development of the Del Webb Center
at M Street and Tulare which opened to
the public in 1964.76 The Center was
developed by Delbert Eugene “Del”
Webb, (1899-1974), a Fresno native
who had made a fortune in real estate
development.
76 Grimes, Ward W., “Del Webb Center Will Be
Dedicated Tomorrow”, Fresno Bee, March 6, 1964
A larger-than-life personality, Del Webb
was friend and confidant to many
prominent politicians and entertainers. 77
Perhaps best known for founding and
developing the model retirement
community of Sun City, Arizona in
1960, the Del Webb Company
developed numerous residential
subdivisions, shopping centers, hotels
and retirement communities throughout
the nation.78
The full city block Del Webb Center
included a high-rise office and hotel
tower, street level shops and a parking
garage. Designed in a Corporate
Modern style, the Del Webb tower was
the first high-rise building to be
constructed in Downtown Fresno since
the 1920s.
77 Sisson, H.L., “Webb Opening Points To Big Fresno
Future”, Fresno Bee, March 7, 1964
78 Del Webb was also a part owner of the New York
Yankees baseball team from 1945 to 1964.
Present-day view of the former Fink & Skopp
store building.
Del Webb Center
Postcard image circa 1965.
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The centerpiece of the Gruen Plan was
the development of a six-block outdoor
pedestrian mall along Fulton Street,
intended to revitalize the City’s historic
“Main Street” as a retail destination and
spur further development of
Downtown’s commercial core.79
Fulton Mall was created by excluding
vehicular traffic from six blocks of
Fulton Street between Inyo and
Tuolumne streets. Mariposa, Kern, and
79 Victor Gruen Associates, Central Area Fresno,
California, vol. 1, Research and Basic Planning,
March 16, 1959
Merced streets were also vacated one
block in each direction from the point
of where they transect Fulton Street.
The Mall was designed by the
celebrated landscape architect Garrett
Eckbo, a pioneer in modernist
landscape design. Eckbo’s design was
inspired by the natural environment
and agricultural roots of the San Joaquin
Valley. The Mall right-of ways were
paved in stained concrete inlaid with
sweeping curvilinear ribbons of
concrete aggregate.
Fulton Mall circa 1965
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The Mall features planted areas with
shade trees and shrubs, numerous
fountains and water features, shade
pavilions, and seating areas. The mall
also contains a diverse and celebrated
collection of sculpture and tile work by
local, national, and international artists.80
The Fulton Mall was opened to the
public on September, 1 1964.
Thousands attended the opening
ceremonies, officiated by local
dignitaries and California Governor
80 McKnight, H. Ray and Harold Tokmakian, At Risk:
Fulton Mall, Fresno CA, August 6, 2008, Cultural
Landscape Foundation website, Accessed May 18,
2011. http://tclf.org/content/fulton-mall-fresno-ca
Edmund G. Brown. It was initially
viewed as a great success, celebrated as
a bold innovation in urban renewal and
revitalization.81 Drawing world-wide
attention, the mall received several
national design awards, including
honors for "Excellence in Community
Architecture" from the American
Institute of Architects in 1965, and the
"National Design Excellence" award
from the US Department of Housing
and Urban Development in1968.
81 “Fresno: A City Reborn” . Short film produced by
Victor Gruen & Associates, 1968.
Fulton Mall circa 1965
Image courtesy of The Cultural Landscape Foundation.
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HISTORIC RESOURCES GROUP
Representatives from cities around the
country traveled to Fresno to tour the
mall and apply similar ideas to their
communities, and downtown pedestrian
malls became an urban design trend
throughout the 1960s and 70s.
Locally, merchants on the Fulton Mall
reaped the benefits of increased foot
traffic and improved sales.82 The Mall
would remain popular with shoppers
through the end of the 1960s.
Critical to Gruen's plan was the strategic
placement of structured parking
facilities to accommodate downtown
shoppers. Two examples of architect
designed parking garages in Fresno are
located on opposite ends of the Fulton
Mall. A municipal parking garage (ca.
1964) at Merced Street and Van Ness
Boulevard designed by Alastair Simpson
was located on the north end of the
Fulton Mall. This garage was integrated
with commercial storefronts facing Van
Ness Avenue.
A second garage was constructed at the
south end of the Fulton Mall in 1968.
Designed by Martin Temple of Walter
Wagner and J. Martin Temple
Architects, this uniquely designed
82 Planning Resources Associates Inc. 2008 (37)
structure features twin spiral ramps on
the Van Ness façade.83
The cost of structured parking,
however, proved to be prohibitively
expensive. As an interim solution, the
majority of buildings on the Broadway
Avenue business district were leveled to
make room for surface lots.
The Gruen plan identified the parcels
fronting Van Ness Avenue between
Fresno and Tulare as an important
development site. Conceptual drawings
showed mid- and high-rise buildings set
back on a two-story podium. The entire
block was envisioned as a unified
complex.84
83 Ibid. (50)
84 Victor Gruen Associates, Central Area
Present-day view of the Spiral Garage.
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HISTORIC RESOURCES GROUP
Actual construction on this block was
initiated in conjunction with the
construction of an underground parking
garage at the site. Completed in phases
between 1968 and 1979, the project as
built included a bank building, Hilton
Hotel and commercial offices.
The Fresno Convention Center
The development of a modern
convention and cultural arts facility was
considered a key component of
Downtown’s revitalization. As early as
1961 plans for the development of a
convention and cultural center were
underway. An $8 million bond proposal
failed to receive approval by the
necessary two-thirds of voters in April
1963 elections. Undaunted, Fresno’s
City Council and Fresno County
formed the City and County
Convention Center Authority under the
state Joint Exercise of Powers Act.85
This act gave the new authority the
ability to issue $8.5 million in revenue
bonds to finance the project.
85 Planning Resources Associates Inc. 2008 ( 51)
Intersection of Van Ness Ave. and Mariposa Street
1964 Conceptual drawing by Victor Gruen & Associates.
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HISTORIC RESOURCES GROUP
Located between Inyo, Ventura, M and
O streets, construction of the Fresno
Convention Center began in 1965 and
was completed in 1966 for a total cost
of $10 million. Designed by Robert
Stevens and Associates in a late-Modern
style, the complex contains a 2356 seat
theater, a 32,000 square foot exhibit
hall, and a 7000 seat arena connected
by an interior landscaped courtyard.
The asymmetrical buildings are
accented with steeply pitched roofs of
oxidized Alloy steel.86
Civic Revitalization
Fresno’s Downtown revitalization efforts
extended beyond the central business
district and the Fulton Mall to include
public sector buildings and the creation
of a bona fide civic center. Government
buildings had been clustered near the
County Courthouse since the 1930s,
but they were generally constructed as
stand-alone buildings without much
relationship with each other. After
World War II, the City of Fresno passed
a bond issue to reserve the entire block
occupied by the historic Fresno Water
Tower – two blocks north of
Courthouse Square -- for a future public
plaza. $375,000 was acquired to clear
86 Ibid.
the property and construct the plaza.87
But by the early 1960s, the now cleared
block was being used for parking. In
1950, a new building for the Fresno
County Office of Education was
constructed at the corner of M and
Mariposa streets just east of Courthouse
Plaza. A new Fresno County Library
was constructed in 1959 just across
Mariposa from the Water Tower block.
In 1960, a new Police Headquarters
was constructed in one block south on
Mariposa, sharing the block with the
1941 City Hall building.
A Master Development Plan for
Fresno’s Civic Center adopted in
87 Planning Resources Associates Inc. 2008
Fresno Convention Center
Painting by Rik Roberts
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HISTORIC RESOURCES GROUP
196688 envisioned a centralized civic
and governmental district
communicating with the adjacent
cultural and convention facilities. To
integrate the existing buildings, recently
built buildings, and proposed future
construction, the plan proposed several
street closures to favor pedestrian
circulation, landscaped public areas and
underground parking facilities. Older
buildings would be unified with newer,
modern buildings to create a
contemporary civic campus with
Mariposa Street as its central axis. The
plan also included language preventing
commercial development on the Water
Tower Block.
Containing the County Courthouse,
Hall of Records, and the County Jail,
Court House Square anchored the civic
center’s western end. In the early
1960s, the City announced that plans
to demolish the 1874 County
Courthouse and construct a modern,
eight story office and courthouse
building in its place.
88 Ibid. The Civic Center study was the work of James
Oakes, AIA, Gay McCline, AIA, landscape architect
Burr Garman, ASLA, and planning consultant,
Robert E. Dyer.
County Courthouse and Courthouse Square 1962
Image courtesy of Lance & Cromwell.
New County Courthouse artist rendering 1966
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The announcement galvanized
community opposition and an effort
was made to save the old courthouse
which was finally torn down in 1966.89
The new Fresno County Courthouse,
designed by Walter Wagner and
Associates, opened in 1966. The eight-
story steel and glass slab on pilotis with
ornamental metal grillwork was a stark
contrast to its predecessor, an imposing
symbol of Downtown’s modernist
reawakening.
Industrial Consolidation and Relocation
Fruit drying and packing uses would
continue to dominate Fresno’s industrial
corridors after World War II. Other uses
included lumber yards, farming
implement and supply warehouses, and
grain storage. Paper products and home
furnishings were also warehoused along
the railroad. The Kerr Rug Company
began operations at the corner of G
Street and Ventura as early as 1912.90
The company continues today at the
same site in a building that first appears
on the 1948 Sanborn Map.
89 Clough and Secrest (29)
90 The 1919 Sanborn map indicates a “rug weaving”
concern operating at the Kerr Rug site. Anecdotal
evidence suggests that the 1912 building was
incorporated into the current building although
corroborating documentation was not located for
this report.
The building’s subtle Streamline
Moderne stylistic details suggest it was
built sometime prior to World War II.
In 1964, the Sun Maid Company
vacated their giant Fresno packing plant
and moved to a new facility in
neighboring Kingsburg.91 Consolidation
and technological innovations within
the packing industry conspired to
relocate the majority of packing
activities away from Downtown as
continued suburban expansion made
Downtown locations less convenient.
While fruit packing facilities continued
to operate along H and G streets
through the 1960s, the 1963 and 1970
91 Sun Maid website. http://www.sun-
maid.com/en/about/our_history
Vacant Sun-Maid packing plant circa 1985.
Image courtesy of Lance & Cromwell.
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HISTORIC RESOURCES GROUP
Sanborn Maps show that large blocks
previously built with warehouses and
processing plants in earlier decades had
been cleared of any development.
By the end of the 20th Century, most of
Fresno’s large-scale industrial buildings
constructed prior to World War II were
no longer extant. Many were
demolished to make room for freeway
expansion and other redevelopment
projects. Other buildings – deemed
seismically unstable due to their
unreinforced masonry construction –
were demolished for safety concerns.
Smaller industrial buildings located in
the blocks east of the railroad were
more likely to be reused, often for
automotive service uses. The adaptive
reuse of early industrial buildings often
radically altered their original form.
Central Business District Decline
Although retailers along the Fulton Mall
enjoyed increased revenues in the first
few years after the Mall opened,
projections for future growth proved to
be overly optimistic. Initial plans for the
construction of a new department store
at Mariposa failed to happen.
Meanwhile, a development deal put
together by the City’s Redevelopment
Agency in 1969 proposed ambitious
plans for a high-rise, mixed-use
development at the Mall’s northern
end. After purchasing and clearing a
two block site, the deal fell through.
With the exception of a new Longs
Drugs store much of the site would
remain vacant through the 1980s.92
In 1970 a new 58-acre regional indoor
shopping mall – Fashion Fair -- opened
in north Fresno. Located close to
Fresno's rapidly growing northern
suburbs, the arrival of Fashion Fair
resulted in an immediate decline in
downtown retail business. Led by
Montgomery Ward in 1970, the Mall’s
major retailers began relocating to more
profitable locations in the suburbs and
the Mall became increasingly unpopular
with middle-class shoppers.
92 Downtown Association of Fresno website.
North End of Fulton Mall circa 1970.
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HISTORIC RESOURCES GROUP
In 1973, Del Webb’s Townehouse
Hotel, the anchor of the high-rise Del
Webb Center, closed just six years after
its grand opening. That same year a
headline in the Fresno Bee asked “Is the
Gruen Plan Dead?” Evidently it was. By
1974, the City had adopted a new
General Plan that embraced a
decentralized, suburban model for
growth.93
Late 20th and Early 21st Century Civic
and Institutional Development
(1980-Present)
By the early 1980's most of the original
Mall specialty retailers had relocated. JC
Penney's closed in 1986. Two years
later Gottschalks, after operating their
flagship store in the same location since
1914, finally called it quits as well.
The Gruen Plan had incorporated a
freeway loop surrounding Downtown
that was codified in the California
Department of Highways planning of
the late 1950s. While CA Route 99 was
upgraded to freeway standards in the
early 1960s, Route 41, which
completed the eastern side of the loop,
was not upgraded until the 1980s.
Construction of Route 180 through
central Fresno (the northern portion of
93 Ibid.
the loop) was not completed until the
late 1990s and required considerable
demolition in the neighborhoods north
of Downtown.
As private sector business continued to
locate elsewhere, Downtown Fresno
became the preferred location for
public sector institutions. Whole city
blocks were cleared as Federal, State,
County and City agencies expanded
their downtown facilities beyond the
civic center clustered around Mariposa
Street.
The County constructed new jail
facilities in 1989 and 1993, occupying a
full city block at the corner of Fresno
and M streets. Connected via
underground tunnels to the 1947 jail
Fresno City Hall
Image courtesy of Allen Lew & William Patnaud
Architects, Inc.
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facility adjacent to the County
Courthouse, the jail expansion provided
capacity for over 2000 inmates.94
Other major public sector projects
include the new Fresno City Hall which
was dedicated in 1999. The five-story,
210,000 square foot building was
designed by Canadian architect Arthur
Erikson.95 It features a pyramidal metal-
clad roof and dramatic circular entry.
Located on two full blocks between
Tulare, Fresno, P and Q streets, City
Hall provides a northeastern terminus
on the Mariposa Mall axis.
The Robert E. Coyle Federal
Courthouse at 2500 Tulare Street was
constructed in 2005. The nine-story
building was designed by Moore Ruble
Yudell Architects with Gruen
Associates.96
The turn of the 21st century also
brought significant growth of
Downtown medical facilities with the
expansion of Fresno Community
Hospital.
94 Fresno County Jail factsheet.
95 Archhop website, accessed May 13, 2011.
http://archop.org/2009/05/arthur-erickson/
96 Emporis.com , accessed June 23, 2011
http://www.emporis.com/building/fresnounitedstate
scourthouse-fresno-ca-usa
The hospital began at its current
location when the then Burnett
Sanitarium constructed a new facility at
the corner of Fresno and S streets in
1905. Named Fresno Community
Hospital in 1945, the hospital would
see steady growth through mergers with
other institutions. In 1995, the City
approved the development of a regional
medical center at the downtown
hospital site. Re-named the Community
Regional Medical Center in 2003, the
58-acre campus is a state-of-the-art
medical facility that includes a 626-bed
Fresno Community Medical Center
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hospital and University of California
research and training center.97
While the government agencies and the
medical center bring thousands of
workers, this has so far not led to a
larger reinvigoration of Downtown
Fresno. Many of the new buildings have
been designed as stand-alone facilities
with self-contained amenities and
expanses of parking which have done
little to activate neighboring streets.
Plans for a Downtown baseball stadium
-- part of the 1992 Ratkovitch Plan for
Downtown revitalization – gained
traction toward the end of the 1990s.
Occupying almost four city blocks,
Grizzlies Stadium (now Chukchansi
Park) opened to great fanfare in April of
2002.98 Located just south of the Fulton
Mall between Inyo, H, and Tulare
streets, the stadium proved to be a
popular entertainment and recreation
destination. That popularity, however,
has so far not been a successful catalyst
for larger revitalization.
97 Community Medical Centers Healthcare website
http://www.communitymedical.org/about-us/our-
vital-numbers
98 PBID Partners of Downtown Fresno website.
Recent efforts to bring new residents to
Downtown Fresno have been more
successful with the development of live-
work lofts in the Arts and Culture
District. Revitalization efforts continue
as the City contemplates a new Specific
Plan for the area.
Chukchansi Park
Image courtesy of Open Buildings (openbuildings.com).
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HISTORIC RESOURCES GROUP
Selected Chronology
The following chronology is intended to highlight activities and events important to the
understanding of the built environment within and immediately surrounding Downtown
Fresno from the earliest settlement through the present day. The events listed here
highlight key points in the growth and development of Downtown Fresno and reference
important historical associations.
1805 First exploration of the San Joaquin Valley by Spanish missionaries.
1823 Ashley expedition arrives from St. Louis to hunt and trap along the
Merced, Stanislaus, and Tuolumne rivers.
1834 All California missions are secularized. Spain’s vast land holdings are
granted to Mexican and “Californio” rancheros.
1848 Mexico’s northern territories, including California, are ceded to the
United States following the Mexican-American War.
1848 Gold is discovered at Sutter’s Mill in Northern California.
1850 California becomes the forty-eighth state.
1851 Settlement of Rootville founded.
1856 County of Fresno formed.
1871 Fresno Canal and Irrigation Company founded.
Central Pacific Railroad purchases 4, 480 acres of land, mostly west of
the Easterby Ranch.
1872 A railroad station is established called Fresno Station.
A 3 square mile area near the rail station is platted for the new town
of Fresno.
Commercial district forms along “H” Street adjacent to railroad tracks.
1874 Fresno is named the county seat.
County Courthouse is constructed on Mariposa Street.
1881 The first Armenian settlers, the Seropian Brothers, arrive in Fresno.
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1885 Fresno incorporated as a city.
1887 The first Volga Germans arrive in Fresno.
1889 The Southern Pacific Train Station is constructed at Tulare and “H”
streets, replacing an earlier depot structure at the same location.
1894 The Fresno Water Tower is constructed at Fresno and “O” streets.
1896 The Santa Fe Railroad Depot begins construction.
1900 Fresno population at 12,470.
Bing Kong Tong Association Building is constructed.
1902 Fresno’s first electric streetcar line begins operation.
1903 Hobbs-Parsons Produce warehouse is constructed.
1904 Public Library constructed with a $30,000 Carnegie grant.
1905 First Armenian Presbyterian Church is constructed at 515 Fulton
Street.
1907 First (purpose-built) City Hall constructed.
1909 Fresno’s first double-track streetcar line in installed along “J” Street.
(Present-day Fulton Street).
1912 The Hotel Fresno is constructed.
1913 Fresno’s first “skyscraper”, the Griffith-McKenzie Building, is
constructed at Fulton and Mariposa streets.
1914 World War I begins in Europe.
Gottschalk’s department store opens at the corner of Fulton and Kern
streets.
Holy Trinity Armenian Apostolic Church is constructed at 2226
Ventura Street.
1915 Fresno’s Armenian population reaches its peak after the Ottoman
Armenian Genocide.
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1916 Fresno’s first City Planning Commission is established.
1917 The United States enters World War I.
The Bank of Italy Building is constructed on “J” Street (present-day
Fulton Street).
Liberty Theater is constructed at present-day 944 Van Ness Avenue.
1918 World War I ends.
San Francisco architect and planner Charles Henry Chaney submits
Fresno’s first city planning document entitled “General Report on the
Progress of City Plan for Fresno.”
Fresno Natatorium is constructed at present-day 1725 Broadway.
1919 “I” and “K” streets are renamed “Broadway Street” and “Van Ness
Avenue respectively.
1920 Rustigian Building is constructed at 701-723 Fulton Street.
A new Buddhist Temple is constructed at the corner of “E” and Kern
streets after a fire destroys the previous temple building at the same
site.
The Bow On Tong Association Building is constructed.
The Hotel Virginia begins construction at the corner of “L” and Kern
streets.
1921 The Mattei Building is constructed on Fulton Street.
A YWCA residence hall, designed by Julia Morgan, is constructed at
1600 M Street.
1922 The T.W. Patterson building is constructed at 2014 Tulare Street.
Fresno Bee Building is constructed at 1545 Van Ness Avenue.
The YMCA Administration and Recreation building, designed by Julia
Morgan, is constructed at 2141 Tuolumne Street.
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1923 Fresno’s first zoning ordinance is approved.
San Joaquin Light & Power Company building is constructed at 1401
Fulton Street.
Hotel Californian is constructed at 851 Van Ness Avenue.
1924 The Radin-Kamp Department Store opens on Fulton Street.
The First Mexican Baptist Church is constructed at 1061 “E” Street;
the first church in Fresno constructed specifically to serve the
Mexican-American community.
1925 Pacific Telephone and Telegraph Building is constructed at 1455 Van
Ness Avenue.
1926 The Wilson Theater is constructed at 1445 Fulton Street.
Pacific Gas & Electric Company Building is constructed at 1544 Fulton
Street.
1928 The Pantages Theater (now Warnor’s Center for the Performing Arts)
is constructed at 1400 Fulton Street.
1929 The stock market crashes in October, ushering in the Great
Depression.
1932 Franklin Delano Roosevelt is sworn in as President of the United
States.
1933 A major street improvement project along Broadway between
Divisadero and Tulare streets includes widening the street by ten feet
and implementing Spanish Revival facades on buildings affected by
the project.
1935 Memorial Auditorium is constructed at Fresno and “M” streets.
The Fresno County Hall of Records is constructed on Tulare Street.
1936 Fresno Unified School District office is constructed on “N” Street.
1939 Post Office and Federal Building are constructed on Tulare Street.
Fresno’s streetcars are removed from service.
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REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
1940 Fresno’s population reaches 60,685.
1941 A new City Hall is constructed at 2326 Fresno Street in the
International Style.
On December 7th, the United States is bombed at Pearl Harbor in
Hawaii and the United States enters World War II.
1945 World War II ends in victory for the United States and the troops
return home.
1947 The Fresno Water Tower is preserved and the entire block to the east
is cleared for redevelopment as an open plaza.
The Mayfair residential subdivision is constructed north of central
Fresno. Development includes the area’s first suburban shopping
center.
1948 The Gottschalk’s store at Fulton and Kern is enlarged and
redeveloped. The original Beaux-Arts facades are revamped in a late
Moderne style.
Highway 99 is constructed just west of downtown Fresno.
1950 The Korean War begins.
Fresno Office of Education Building is constructed on Mariposa Street.
The Census reports Fresno’s population at 91,669.
1953 The Korean War ends.
1954 Northland Center in Detroit, the nation's first regional suburban
shopping center opens, designed by architect and planner Victor
Gruen.
1955 Construction begins on Manchester Center at Shields and Blackstone,
Fresno's first major suburban shopping center, anchored by a Sears
and Roebuck department store.
Victor Gruen unveils a "superblock" plan of pedestrian malls for
downtown Fort Worth.
66
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
1956 Fresno business leaders discuss the possibility of creating a pedestrian
mall on Mariposa Street from the courthouse park, west to the
Southern Pacific railroad tracks.
1957 Downtown Association of Fresno pushes for expansion of the
Mariposa Street concept to Fulton Street.
1958 Victor Gruen & Associates submit a formal proposal to work on a plan
for the Central Business District of Fresno, which is accepted by the
City.
Fresno State begins to relocate from University Avenue near the
Tower District, to a site at Cedar and Shaw in north Fresno.
1959 Fresno County Library is constructed on Mariposa Street.
Kalamazoo Mall, a Victor Gruen project, opens on Burdick Street in
Downtown Kalamazoo Michigan, the nation's first downtown
pedestrian mall.
1960 A new headquarters building for the Fresno Police is constructed on
“N” Street.
The City of Fresno adopts in principle Victor Gruen's plan for the
Central Business District, including a downtown pedestrian mall.
1961 Guarantee Savings and Loan occupies the 1920s Mattei Building at
Fulton and Fresno streets after remodeling the first three floors.
Berkeley’s, a women’s clothing retailer, opens a two-story store at
Fulton and Kern streets.
Walter Smith men’s and boy’s clothing opens a new store at Fulton
and Kern streets.
1962 A new building for the Fink & Skopp store is constructed at 933 Van
Ness Avenue.
1963 The high-rise Del Webb Center is constructed on “M” Street. The full
city block complex includes a hotel, offices, shops, and parking.
67
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
1964 Construction of Fresno's Fulton Mall begins on March 30.
Fresno's Fulton Mall opens to the public on September 1.
The Fresno Clovis Metropolitan Area General Plan incorporates a
retail emphasis for the Downtown Fresno Central Business District.
Fourteen-story high-rise for Midland Savings and Loan is constructed
at Tulare and “L” streets.
1965 National Dollar Stores opens on the Fulton Mall.
The YMCA Administration and Recreation building at 2141
Tuolumne Street is completely remodeled as the “Garden Court
Building.”
A new Fresno County Courthouse is constructed in Courthouse Park
directly in front of the original courthouse.
The Park Towers complex begins construction on Van Ness between
Fresno and Tulare streets.
The American Institute of Architects awards Fresno with its national
award for "Excellence in Community Architecture"
1966 The original 1874 Fresno County Courthouse is demolished.
The Fresno Convention Center opens.
1968 The Fulton Mall is honored with a "National Design Excellence" award
from the Department of Housing and Urban Development.
1970 Montgomery Ward's closes their Fulton Mall location, and plans to
relocate to north Fresno.
Fashion Fair, an indoor, regional shopping mall opens in north Fresno
near Fresno State College.
68
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
1973 The city council votes 7-0 to amend the Central Area Plan to permit
Fresno and Tulare Streets to remain open through the downtown
"superblock" - a major deviation from the original plans of Victor
Gruen.
The Del Webb Townehouse Hotel closes and is later converted to
county government offices.
1974 Fresno General Plan calls for "multiple centers" - leading to the
decentralization of retail services throughout the community.
1986 J.C. Penney's closes its downtown location.
1988 Gottschalks closes their flagship store on the Fulton Mall.
1999 Fresno City Hall, designed by Canadian architect Arthur Erikson, is
completed and dedicated.
2002 A multi-purpose stadium (now Chukchansi Park) opens just south of
the Fulton Mall between Inyo, H, and Tulare streets.
2005 Design for a portion of Eaton Plaza is completed.
69
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
THEMES AND ASSOCIATED PROPERTY TYPES
Through research HRG has identified
several important themes that have
influenced the physical development of
Downtown Fresno since 1872. Each is
defined by a particular period of
significance. Overlapping periods
illustrate the influence of multiple
trends during Downtown Fresno’s
development. A single property may be
associated with multiple themes.
Themes and their associated property
types are reviewed in the following
pages.
70
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Railroad Development and Expansion
(1872-1945)
The location of rail lines established
Fresno as a major transportation
crossroads and distribution center for
the Central Valley’s agricultural bounty.
Early development patterns favored
proximity to the railroad, solidifying the
centrality of Fresno’s downtown. The
railroad’s impact is immediately
understood in the northwest-southeast
orientation of the downtown street grid,
which paralleled the orientation of the
Central Pacific Railroad line.
Early railroad properties are rare in
Downtown Fresno and most important
remaining properties have been
designated by the City.
Associated Property Types
Property types associated with railroad
development include rail stations and
their ancillary buildings, rail yards, rail
lines, and rail spurs. Some early
industrial buildings that were
constructed in immediate proximity to
rail lines and designed to take
advantage of rail technology, may also
be significant within this context.
A railroad property in Downtown
Fresno may be significant:
As a rare, intact example of railroad
development from the late 19th to
early-20th Century
As an industrial property directly
associated with the railroad (e.g.
railroad warehouse)
Railroad properties that have been
designated by the City as historic
resources include the Southern Pacific
Depot (1889) at 1713 Tulare St., and
the Santa Fe Depot (1899) at 2650
Tulare St. Other extant railroad
properties include an early railroad
warehouse (circa 1910) at 735 H St.,
and the Pullman Shed (1917) located
adjacent to the Southern Pacific Depot
at 1713 Tulare St.
Santa Fe Depot (1899)
Pullman Shed (1917)
71
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Residential Development (1872-1942)
The Downtown Fresno area included
vibrant residential neighborhoods
throughout the late 19th century. By the
early 20th century, some of these
neighborhoods were significantly
eroded by expanding commercial and
industrial sectors as well as
transportation infrastructure that made
it possible for people to live further
from the city center. Large-scale
redevelopment projects of the mid- and
late-20th century continued to erode
Fresno’s earliest neighborhoods. Today,
intact early residential properties within
the Downtown area are comparatively
rare. For this reason, integrity thresholds
are lower than they might be for other
resource types.
Outstanding examples of Fresno’s early
residential properties can be found
within the proposed St. John’s
Cathedral District and the northern
portions of the Cultural-Arts District.
The majority of these have either been
designated by the City as local historic
resources or previously identified as
potential individual resources or as
contributors to a potential historic
district. Modest residential properties
exist in and around Chinatown; many
of these have poor integrity due to
alteration or extreme disrepair. Outside
of these areas, only isolated examples of
Fresno’s early residential architecture
remain.
Architectural styles associated with
residential development during this
period include Folk/Vernacular, Queen
Anne, Neo-Classical, American
Foursquare, Craftsman, Colonial
Revival, Mission Revival, and Spanish
Revival.
Associated Property Types
Property Type: Single-Family
Residence
Single-family properties representing
late-19th and early-20th century
residential development include large
homes for the City’s upper and middle
classes, and modest houses for working
families. Carriage houses and other
ancillary buildings are also
representative.
Helm Home (1901)
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REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
A residential property from this period
may be significant:
As an increasingly rare example of
late-19th or early-20th century
residential development
As a good or rare example of a
particular architectural style
associated with the period, and/or
the work of a significant architect or
designer
As a rare example of brick
residential construction
For its association with an important
early resident or event
Over thirty single-family residential
properties located in the Downtown
area have been designated by the City
as historic resources. Examples include
the Vartanian Home (1891) at 362 F
Street; the Helm Home (1901) at 1749
L Street; and the Van Valkenburg
Home (1903) at 1125 T Street.
Other extant single-family residential
properties include the Joseph Giardina
House (circa1900) at 517 Van Ness
Avenue; a single-story Craftsman
Cottage (1920) at 555 F Street; and a
Neo-Classical Cottage (1913) at 1320 P
Street.
Property Type: Multiple Family
Residence
Multiple family residences representing
late-19th and early-20th century
residential development include
duplexes, fourplexes, apartment houses,
and bungalow courts. 1230 P Street (1913)
Maubridge Apartments (1911)
Image courtesy of HistoricFresno.org.
73
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
A multiple family residential property
from this period may be significant:
As a rare example of early-20th
century multiple family residential
development
As a rare example of a residential
bungalow court
As a good or rare example of a
particular architectural style
associated with the period, and/or
the work of a significant architect or
designer
For its association with an important
early resident or event
Multiple-family residential properties
that have been designated by the City
as historic resources include the
Maubridge Apartment Building (1911)
at 2344 Tulare Street.
Other extant multiple-family residential
properties include a Neo-Classical
duplex at 636 Van Ness (c. 1915) and
the Brix Apartments bungalow court
(1940) at 1325 M Street.
636 Van Ness (c. 1915)
74
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Ethnic Communities (1872-1960)
Successive waves of immigrant groups
have settled in and around Fresno’s
downtown throughout the City’s
history. Areas west of the railroad have
been settled by Italian, Russian-German,
Chinese, and Japanese populations from
the mid-19th Century through World
War II. These communities were largely
replaced by Hispanic and African-
American populations in a process that
began after World War II.
Historic ethnic neighborhoods within or
overlapping the Downtown area
include Chinatown, located between
Highway 99 and the railroad along F
Street; Fresno’s historic Germantown
roughly bounded by California Street,
Ventura Street, and G Street; the
historic Armenian Town located in the
southeastern portion of the Fulton
Corridor plan area, adjacent to the
Central Business District; and the
historic Italian community, located
southwest of Downtown, spanning the
Fulton Corridor area and further
Southwest beyond Highway 99.
Outside of Chinatown, where a small
commercial historic district has been
identified, only fragments of these
historic neighborhoods remain.
Properties associated with Fresno’s
ethnic neighborhoods are not typically
associated with particular architectural
styles. Properties can be residential,
commercial or institutional, and
significance is frequently derived from
historic association rather than from
aesthetic qualities.
Associated Property Types
Property types include single-family
homes, ancillary buildings such as the
summer kitchens of the Volga Germans,
boarding houses, churches, meeting
halls, and small neighborhood
commercial buildings. Many of these
properties are also associated with other
development themes.
A property associated with one of
Fresno’s important ethnic groups may
be significant:
As a recognizable remnant of a
historic ethnic neighborhood.
As the gathering place of an
important ethnic social or religious
institution.
Bing Kong Association Building (1900)
75
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
As a good or rare example of a
particular building type associated
with an important ethnic group
For its association with a person or
event important to the history of a
particular ethnic group.
Properties with important ethnic
community associations that have been
designated by the City as historic
resources include the Bing Kong Tong
Association Building (1900) at 921
China Alley; the Holy Trinity Armenian
Apostolic Church (1914) at 2226
Ventura Street; and the First Mexican
Baptist Church (1924) at 1061 Kern St.
Other extant properties with important
ethnic community associations include
the Holly Department Store (1948) at
1027 F Street; and Komoto K. Books
(circa 1900) at 922 F Street.
76
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Late-19th and early-20th Century
Commercial Development (1872-1945)
Commercial enterprise in Fresno
expanded dramatically following the
arrival of the railroad in 1872 and
continued throughout the 19th century.
The 20th century saw increased
commercial development particularly in
the years between World War I and the
arrival of the Great Depression.
Architectural styles represented include
Mission Revival, Beaux Arts,
Renaissance Revival, Spanish Revival,
Art Deco, and Streamline Moderne.
Modest masonry vernacular commercial
buildings may have minimal stylistic
detailing or not represent any particular
style. The majority of the large and
architecturally distinguished buildings
have been designated by the City as
historic resources, and several are listed
on the National Register.
Associated Property Types
While very few 19th century
commercial buildings remain, Fresno’s
early 20th Century prosperity can be
seen in the masonry buildings that were
constructed between 1900 and 1930.
These include high-and mid-rise office
buildings, hotels, department stores, and
low-rise storefront buildings. A handful
of downtown’s elegant and impressive
theaters also remain intact.
A commercial property from this period
may be significant:
As a rare intact example of late 19th
or early-20th century commercial
development
As a good or rare example of a
particular architectural style
associated with the period, and/or
the work of a significant architect or
designer
As a rare intact example of an early
commercial property type
For its association with the city's
original commercial core
Rustigian Building (1919)
L.C. Wesley Super Garage (1931)
77
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
For its association with an important
resident or event
Early commercial properties that have
been designated by the City as historic
resources include the Bank of Italy
(1917) at 1001 Fulton Mall; the
Rustigian Building (1919) at 701 Fulton
Street; and the Radin-Kamp
Department Store (1924) at 959 Fulton
Mall.
Other extant early commercial
properties include the Brix Building
(1928) at 1221 Fulton Mall; the L.C.
Wesley Super Garage (1931) at 862
Van Ness Avenue; and Lefty’s Mexican
Restaurant (circa 1930) at 915 Van
Ness Avenue.
78
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Late-19th and Early-20th Century Civic
and Institutional Development (1872-
1930)
A considerable portion of Downtown
Fresno’s development is associated with
the public sector and non-commercial
interests such as religious and social
groups. With the construction of the
first County Courthouse in 1874, a
Civic Center was established and
government buildings have generally
clustered northeast of Van Ness Avenue
around Mariposa Street ever since.
Religious and social organizations
located their facilities in various parts of
the Fulton Corridor area. The oldest of
these were often associated with early
residential neighborhoods.
Important early civic buildings such as
the first County Courthouse (1874), the
first City Hall (1907), and the Carnegie
Library (1904) are no longer extant.
Several churches, temples, and buildings
related to social organizations, however,
can still be found within the Fulton
Corridor area.
Associated Property Types
Civic property types include city halls,
courthouses, post offices, libraries,
schools, and buildings associated with
public infrastructure agencies such as
those providing power and water. Non-
governmental institutional buildings
include churches, meeting halls, and
other buildings associated with social
organizations such as the YMCA.
A civic or institutional property may be
significant:
As a rare example (first, last
remaining, only) of civic or
institutional development
As a good or rare example of a
particular architectural style
associated with its period, and/or
St. Johns Cathedral (1902)
G Street Substation (c. 1920)
79
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
the work of a significant architect or
designer
For its association with an important
resident or event
For its association with an important
religious, social, cultural, or civic
institution
Architectural styles associated with late-
19th and early-20th century civic or
institutional development in Downtown
Fresno include Mission Revival, Spanish
Colonial Revival, Renaissance Revival,
and Classical Revival.
Early civic and institutional properties
that have been designated by the City
as historic resources include the Old
Fresno Water Tower (1894) at 2444
Fresno Street; the Old Post Office Sub-
Station (1921) at 2422 Kern Street; and
St. John’s Cathedral (1902) at 2814
Mariposa Street.
Another extant early civic and
institutional property from the period is
the G Street Zone Substation (circa
1920) at 1159 G Street.
80
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Industrial Fresno (1890-1960)
Fresno’s status as a major transportation
and distribution center for the Central
Valley’s agricultural bounty gave rise to
a robust industrial sector. Industrial
activity in Fresno developed largely in
support of agricultural activities --
primarily raisin and dried fruit packing –
with industrial facilities tending to
cluster in close proximity to the railroad.
Intact early industrial properties within
the Downtown area are comparatively
rare. For this reason, integrity thresholds
are lower than they might be for other
resource types.
Associated Property Types
Extant industrial buildings important to
Downtown Fresno’s development
history date from the late-19th century
through the mid-20th century.
Properties include warehouses,
processing plants, factories, associated
offices, and ancillary buildings and
structures. These properties are typically
clustered along rail lines in areas where
adjacent blocks developed into defined
industrial zones.
An industrial property in Fresno may be
significant:
As a rare, intact example of a
particular type of industrial
development
For its association with an important
local industry (e.g. fruit packing,
food processing, etc.)
For its direct association with the
railroad
In general, industrial development in
Fresno is not associated with particular
architectural styles. Vernacular industrial
buildings of brick and reinforced
concrete are the predominate form, and
significance is frequently derived from
historic association rather than from
aesthetic qualities.
Industrial properties that have been
designated by the City as historic
resources include the Hobbs Parsons
Produce Company Warehouse(1903)
at 903 H Street; the Berven Rug Mills
building (1917) at 616 P Street; and the
State Center Warehouse (1918) at 747
R Street.
State Center Warehouse (1918)
Kerr Rug Company (c. 1940)
81
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Other extant industrial properties
include the Baz Brothers warehouse
(circa 1905) at 840 G Street; and Kerr
Rug Company (circa 1940) at 539 G
Street.
82
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Depression-Era Civic and Institutional
Development (1933-1942)
In Fresno, projects funded through the
Roosevelt Administration’s “New Deal”
programs transformed Fresno’s Civic
Center where five new government
buildings were constructed between
1936 and 1941. In addition to
monumental civic projects the New
Deal benefited Fresno through park
improvements, street improvements,
and fire stations.
Associated Property Types
Civic and institutional property types
include city halls, post offices, fire
stations, auditoriums, and office
buildings for public agencies. Non-
governmental institutional buildings
include churches, meeting halls, and
buildings associated with social
organizations.
A civic or institutional property may be
significant:
For its direct association with New
Deal funding programs.
As a good or rare example of a
particular architectural style
associated with its period, and/or
the work of a significant architect or
designer
For its association with an important
resident or event
For its association with an important
religious, social, cultural, or civic
institution
Architectural styles represented include
Art Deco, Streamline Moderne, and
International Style.
Depression-era civic and institutional
properties that have been designated by
the City as historic resources include
the Fresno Memorial Auditorium
(1936) at 1235 O Street; Fresno Fire
Station No. 3 (1939) at 1406 Fresno
Street; and Fresno City Hall (Annex)
(1941) at 1406 Fresno Street.
Other extant civic and institutional
properties include the Blue Cross
Veterinary Hospital (1936) at 1821
Van Ness Avenue.
Fresno Memorial Auditorium (1936)
83
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Mid-20th Century Commercial
Redevelopment (1945-1970)
Unprecedented suburban growth aided
by the ascendance of the automobile as
the preferred transportation mode and
a greatly expanded highway
infrastructure, threatened the health and
vitality of Fresno’s downtown in the
years after World War II. To combat the
effects of suburbanization, city officials
and downtown business and property
owners embraced some of the most
advanced ideas in architecture, urban
design and planning to revitalize
downtown and stay competitive with
the burgeoning suburbs.
Property developers constructed new
buildings in a wide range of modernist
styles while many older buildings were
revamped with new facades. The
embrace of modernist ideals to
transform downtown Fresno culminated
in the adoption of the Victor Gruen
plan for the Central Business District
and construction of the Fulton Mall.
Associated Property Types
Downtown Fresno contains an
impressive collection of mid- 20th
century commercial buildings that
reflect Fresno’s extensive revitalization
efforts of the late 1950s and 1960s.
Associated property types include office
buildings, department stores, hotels,
commercial retail and/or office
buildings, and parking facilities.
Architectural styles include Late
Moderne, International Style, Mid-
Century Modern, Corporate Modern,
Googie, and New Formalism.
A commercial property from this period
may be significant:
As a good or rare example of a
particular architectural style
associated with the period, and/or
the work of a significant architect or
designer
For its association with the
Downtown's mid-20th century
revitalization
Alastair Simpson Offices/Fresno Photo Engraving
(1946)
Equitable Life Insurance Building (1966)
84
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
For its association with an important
resident or event
Only one mid-20th century commercial
property has been designated by the
City as a historic resource, the Alastair
Simpson Offices/Fresno Photo
Engraving (1946) at 748 Fulton Street.
Other extant mid-20th century
commercial properties include the
Gottschalk’s Department Store
(remodeled in1948) at 802 Fulton Mall;
the former Fink & Skopp Home
Furnishings Store (1962) at 933 Van
Ness; the Equitable Life Insurance
building (1966) at 1350 O Street; Bank
of the West (1966) at 1221 Van Ness
Avenue; and Wells Fargo Bank (1966)
at 1206 Van Ness Avenue.
Bank of the West (1966)
85
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Mid-20th Century Civic and Institutional
Development (1945-1970)
The expansion of government during
the second half of the 20th century
dramatically increased the presence of
the public-sector in downtown Fresno.
Continuing the expansion of the Civic
Center that began in the 1930s, several
new buildings were erected and several
blocks of Mariposa Street were closed
to traffic and converted into a
landscaped pedestrian mall. The
Convention Center complex was also
constructed.
Associated Property Types
Civic and institutional property types
include libraries, auditoriums, office
buildings for public agencies, theaters,
and conference centers. Non-
governmental institutional buildings
include churches, and meeting halls.
A civic or institutional property may be
significant:
For its direct association with Post
World War II urban revitalization
programs.
As a good or rare example of a
particular architectural style
associated with its period, and/or
the work of a significant architect or
designer
For its association with an important
religious, social, cultural, or civic
institution
Civic and institutional buildings in
downtown Fresno reflect the City’s
adoption of modernist architecture and
planning in the mid- 20th century.
Architectural styles include the
Corporate Modern, Mid-Century
Modern and New Formalism.
No mid-20th century civic and
institutional properties have been
designated by the City as historic
resources.
Extant civic and institutional properties
from the period include the Fresno
County Office of Education (1950) at
2314 Mariposa; the Fresno County
Free Library (1959) at 2420 Mariposa;
the Fresno Convention Center (1966)
at 700 M Street; and the Fresno
County Courthouse (1965) at 1100
Van Ness Avenue.
Fresno County Office of Education (1950)
86
REPORT
Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
ARCHITECTURAL CHARACTER
Introduction
This section describes the predominant
architectural styles currently represented
in Downtown Fresno, from the late 19th
Century through the mid-20th Century.
The typology presented here is not
intended to establish historic
significance. Rather, it describes the
existing population of buildings
constructed Downtown during this
period. The information below briefly
describes the origin of each style, and its
presence in the local landscape. Date
ranges refer to the time the style was
most prevalent in Fresno. A list of
character-defining features is also
provided. A property that is eligible for
designation as a good example of its
architectural style retains most - though
not necessarily all - of the character-
defining features of the style, and
continues to exhibit its historic
appearance.
Queen Anne (c. 1880 – 1910)
The Queen Anne style was one of the
most popular Victorian-era styles for
residential buildings in California. Like
the Stick style that it quickly replaced,
Queen Anne uses exterior wall surfaces
as a primary decorative element.
Elements Features used to avoid plain
flat wall surface include bays, towers,
overhangs, wall projects, and wall
materials with differing textures.
Extant examples of Queen Anne
architecture in Downtown Fresno
include the Thomas R. Meux Home
(1889) at 1007 R Street, the McVey
homes (1903) at 1322 and 1326 N
Street, and the Schmidt Home (1908)
at 460 N Street.
Character-defining features include:
Asymmetrical façade
Steeply-pitched roof of irregular
shape, usually with a dominate
front-facing gable
Wooden exterior wall cladding with
decorative patterned shingles
Projecting partial-, full-width or
wrap-around front porch, usually
one story in height
Cut-away bay windows
Wood double-hung sash windows
Towers topped by turrets, domes or
cupolas
Tall decorative brick chimneys
Ornamentation may include
decorative brackets, bargeboards
and pendants, as well as Eastlake
details, such as spindle work
Neo-Classical Cottage (c.1875 – 1920)
The term “Neo-Classical Cottage” is
used to describe simple house forms or
cottages with fewer decorative features
than other styles from the period. While
vernacular residences may display
certain characteristics of recognizable
styles, decorative detailing is typically
confined to the porch or cornice line.
Downtown Fresno retains a small
population of such residential buildings
from the late 19th and early 20th
Centuries.
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Character-defining features include:
Symmetrical façade
Simple square or rectangular form
Gabled or hipped roof with boxed
or open eaves
Wood exterior cladding
Simple window and door surrounds
Details may include cornice line
brackets
Porch support with turned spindles
or square posts
Residential Vernacular (c.1875 – 1920)
The term “Residential Vernacular” is
used to describe simple houses or
cottages with little or no distinguishing
decorative features. These buildings are
characterized by their simplicity and
lack of any characteristics of
recognizable styles.
Downtown Fresno retains a small
population of such residential buildings
from the late 19th and early 20th
Centuries.
Character-defining features include:
Simple square or rectangular form
Gabled or hipped roof with boxed
or open eaves
Wood exterior cladding
Simple window and door surrounds
Mission Revival (c. 1890 – 1920)
The Mission Revival style is indigenous
to California. Drawing upon its own
colonial past, Mission Revival was the
Californian counterpart to the Colonial
Revival of the Northeastern states.
Never common beyond the Southwest,
its regional popularity was spurred by its
adoption by the Santa Fe and Southern
Pacific Railways as the preferred style
for train stations and resort hotels.
Features of the California Missions were
borrowed and freely adapted, often in
combination with elements of other
revival styles.
The Helm Home (1901) at 1749 L
Street and the Santa Fe Depot (1899)
at 2650 Tulare Street are examples of
the Mission Revival style in Downtown
Fresno.
Character-defining features include:
Red clay tile roofs with overhanging
eaves and open rafters
Shaped parapets, including
espandañas, with coping
Stucco exterior wall cladding
Arched window and door openings
Details may include bell towers,
quatrefoil openings or patterned
tiles
Craftsman (c. 1900 – 1930)
Craftsman architecture in America grew
out of the late-19th century English Arts
and Crafts movement. It stressed
simplicity of design, hand-craftsmanship,
and the relationship to the climate and
landscape. Craftsman architecture was
widely published in architectural
journals and pattern books, popularizing
the style throughout the country.
Affordable and easily constructed from
local materials, the mostly one- or one-
and-a-half-story homes were often
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referred to as “bungalows” and
dominated middle-class residential
design during the first quarter of the
20th century.
As use here, “Craftsman” encompasses
a range of stylistic variations including
larger, two-story homes (more narrowly
referred to as Arts & Crafts homes) and
single-story bungalows.
Examples of the Craftsman style in
Downtown Fresno include the Martin
Home (1912) at 1002 T Street and the
Aten Home (1914) at 1133 S Street.
Character-defining features include:
Horizontal massing
Low-pitched gabled roof
Widely overhanging eaves with
exposed rafters, beams, or braces
Wood exterior wall cladding
(shingle, shake, or clapboard)
Projecting partial-, full-width or
wrap-around front porch
Heavy porch piers, often of river
stone or masonry
Wood-frame casement or double-
hung sash windows, often grouped
in multiples
Widely-proportioned front doors,
often with a beveled light
Wide window and door surrounds,
often with extended lintels
Extensive use of natural materials
(wood, brick or river stone)
Colonial Revival (c. 1900 – 1955)
The Colonial Revival style proliferated
during the first half of the 20th century.
This style incorporates traditions from
the Georgian, Adam and early Classical
Revival styles that were prevalent
during the English colonial period.
Dutch colonial influences were also
incorporated. Earlier examples were
rarely accurate recreations but were
instead free interpretations with details
inspired by colonial precedents, while
later examples shifted to more
historically correct proportions and
details.
Examples of Colonial Revival
architecture in Downtown Fresno
include the Long/Black Home (1907) at
1727 L Street, and the Goodman
Home (1906) at 1060 T Street.
Character-defining features include:
Side gable or hipped roofs
Wood exterior wall cladding,
typically horizontal
Accentuated front entry or portico,
featuring decorative pediments
supported by pilasters or slender
columns
Wood double-hung sash windows
with multi-pane glazing
Front doors flanked by sidelights
with fanlights above
Fixed wooden shutters
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Historic Resources Survey
HISTORIC RESOURCES GROUP
Classical Revival (c. 1900 –1920)
The Classical Revival style did not
achieve the broad popularity of its
closely-related Colonial Revival
contemporary. The style is best
identified by its symmetrical façade,
which is typically dominated by a full-
height porch with the roof supported
by classical columns. Like the
Renaissance Revival, this style was
widely used for imposing civic buildings,
institutional buildings, and banks.
Examples of Classical Revival buildings
in Downtown Fresno include the Swift
Home (1905) at 1605 L Street and the
First Church of Christ Scientist (1916)
at 1615 N Street.
Character-defining features include:
Symmetrical façade
Front- or side-gabled roof
Wood or masonry exterior wall
cladding
Full-height gabled or pedimented
front porch
Porch roof supported by slender
fluted columns with Ionic or
Corinthian capitals
Wood double-hung sash windows
with multi-pane glazing
Details may include dentils, a wide
frieze beneath the cornice, and
roofline balustrades
Renaissance Revival (c. 1905 – 1930)
Renaissance Revival buildings were
often fairly literal interpretations of the
Italian originals, unlike the free
interpretations of the preceding
Italianate style. Its formal, symmetrical
facades and Classical or Beaux Arts
details including quoins, roofline
balustrades, pedimented windows,
molded cornices and belt courses were
often used for imposing civic buildings,
institutional buildings, and banks.
Examples of Renaissance Revival style
architecture in Downtown Fresno
include the Bank of Italy Building
(1917) at 1001 Fulton Mall, and the
Hotel California (1923) at 851 Van
Ness Avenue.
Character-defining features include:
Symmetrical facade
Tiled low-pitched hip roof,
sometimes flat roof
Boxed eaves with decorative
brackets
Stucco or masonry exterior wall
cladding
Arched window and door openings
on the first story
Wood divided-light casement or
double-hung sash windows in the
upper stories
Front entry accentuated with
slender classical columns or pilasters
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Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
Spanish Colonial Revival
(c. 1915 – 1940)
Enormously popular in Southern
California from the late 1910s through
the late 1930s, the Spanish Colonial
Revival style emerged from a conscious
effort by architects to emulate older
Spanish architectural traditions, and
break with Eastern colonial influences.
At the peak of its popularity, design
features of other regions of the
Mediterranean were often creatively
incorporated, including those of Italy,
France, and North Africa. The result
was a pan-Mediterranean mélange of
eclectic variations on Spanish Revival
styles.
Examples of Spanish Colonial Revival
architecture in Downtown Fresno
include the Physician’s Building (1926)
at 2607 Fresno Street,
Character-defining features include:
Asymmetrical facade
Red clay tile hip or side-gable roof,
or flat roof with a tile-clad parapet
Stucco exterior cladding, forming
uninterrupted wall planes
Wood-frame casement or double-
hung windows, typically with
divided lights
Arched colonnades, window or
door openings
Decorative grilles of wood, wrought
iron, or plaster
Balconies, patios or towers
Decorative terra cotta or tile work
Commercial Vernacular (c. 1915-1950)
Although not an officially recognized
style, “commercial vernacular” describes
simple commercial structures with little
decorative ornamentation, common in
American cities and towns of the late
19th and early 20th centuries. Fresno’s
original commercial core was largely
composed of such buildings, typically
for retail and offices uses. They are
typically brick in construction, with
minimal decorative detailing.
Examples of Commercial Vernacular
architecture in Downtown Fresno
include the Sun Stereo Warehouse
(1916) at 736 Fulton Street, the Basque
Hotel (1922) at 1102 F Street, and the
Liberty Laundry building (1928) at
1830 Inyo Street.
Character-defining features include:
Simple square or rectangular form
Flat roof with a flat or stepped
parapet
Brick exterior wall surfaces, with
face brick on the primary facade
First-story storefronts, typically with
a continuous transom window
above
Wood double-hung sash upper-
story windows, often in pairs
Segmental arch window and door
openings on side and rear
elevations
Decorative detailing, if any, may
include cornices, friezes, quoins, or
stringcourses
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HISTORIC RESOURCES GROUP
Art Deco Style (c. 1910 – 1935)
Art Deco was the first popular style in
the United States that consciously
rejected historical precedents. Most
commonly used in public and
commercial buildings, Art Deco was
rarely used in domestic architecture.
The highly decorative style employed
stylized floral, figurative and geometric
motifs s as decorative elements on the
façade. Towers, piers and setbacks were
employed to give the buildings a
vertical emphasis.
Examples of Art Deco buildings in
Fresno include the L.C. Wesley Super
Garage (1931) located at the corner of
Kern Street and Van Ness Avenue, and
the Fresno County Hall of Records
(1935) designed by Allied Architects
and Coates and Metz with a grant from
the PWA.
Character-defining features include:
Smooth wall surfaces, usually of
stucco
Stylized decorative floral and
figurative elements
Geometric decorative motifs
such as zigzags and chevrons
Towers, piers and other vertical
elements
Setbacks as design elements
International Style (c. 1920 – 1945)
The International style emerged in the
1920s and 1930s during the formative
decades of Modernist architecture. The
style originated in Western Europe but
quickly influenced architectural design
throughout the world. Radical
simplification of form, rejection of
applied ornament, and the adoption of
glass, steel and concrete as preferred
materials are hallmarks of the
International Style. The embrace of
industrial mass-production techniques
and emphasis on function were
conscious efforts to break free of
historic and cultural design precedents.
Character-defining features include:
Flat roofs (cantilevered slabs or
parapets)
Steel sash windows
Corner windows
Horizontal bands of windows
Lack of applied ornament
Asymmetrical facades
Exterior wall materials include
concrete, brick and stucco
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HISTORIC RESOURCES GROUP
Streamline Moderne (c. 1934-1945)
Characterized by smooth surfaces,
curved corners, and sweeping
horizontal lines, Streamline Moderne is
considered to be the first thoroughly
Modern architectural style to achieve
wide acceptance among the American
public. Inspired by the industrial designs
of the period, the style was popular
throughout the United States in the late
1930s, particularly with the Federally-
funded projects of the Works Progress
Administration. Unlike the equally
modern but highly-ornamental Art
Deco style of the late 1920s, Streamline
Moderne was perceived as expressing
an austerity more appropriate for
Depression-era architecture.
Examples of Streamline Moderne
architecture in Downtown Fresno
include the Fresno Unified School
District Office (1936) at 2348 Mariposa
Mall, and the Fire Station No. 3, (1939)
located at1406-1430 Fresno Street.
Character-defining features include:
Horizontal massing
Asymmetrical façade
Flat roof with coping
Smooth wall surfaces, typically
clad in stucco
Curved end walls and corners
Glass block and porthole
windows
Flat canopy over entrances
Horizontal grooves or
stringcourses
Pipe railings along exterior
staircases and balconies
Late Moderne (c. 1945-1960)
The Late Moderne style incorporates
elements of both the Streamline
Moderne and the International styles.
While the earliest examples appeared in
the late 1930s, the style achieved its
greatest popularity in large-scale
commercial and civic buildings of the
late 1940s and 1950s. The Late
Moderne style is most easily identified
by the use of the “shadow-box”
window, where horizontal groupings of
windows are outlined in a protruding
flange, often in a material and color that
contrasts with the exterior wall.
Examples of Late-Moderne architecture
in Downtown Fresno include the
former Alistair Simpson Offices (1946)
at 748 Fulton Street and the Gottchalk’s
Department Store (remodeled 1947) at
802 Fulton Mall.
Character-defining features include:
Horizontal emphasis
Concrete construction
Exposed concrete or stucco
cladding
Flat rooflines
Horizontal bands of “shadow-
box” windows, often with
aluminum fin sunshades
Operable steel-sash windows
(casement, awning, hopper)
Projecting window frames
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HISTORIC RESOURCES GROUP
Mid-Century Modern (c. 1945-1970)
Mid-Century Modern is a term used to
describe a post- World War II iteration
of the International Style in both
residential and commercial design. The
International Style was characterized by
geometric forms, smooth wall surfaces,
and an absence of exterior decoration.
Mid-Century Modern represents the
adaptation of these elements to the
local climate and topography, as well as
to the postwar need for efficiently-built,
moderately-priced homes and buildings.
The Mid-Century Modern building is
characterized by its clear expression of
structure and materials, large expanses
of glass, and open interior plan.
Examples in Downtown Fresno include
the former Walter Smith store (now
Luftenburg’s) at 901 Fulton Mall, the
Wells Fargo building at 1206 Van Ness
Avenue and the two-story office
building at 830 Van Ness Avenue.
Character-defining Features
One or two-story configuration
Simple geometric forms
Expressed post-and-beam
construction, in wood or steel
Flat roof with wide overhanging
eaves and cantilevered canopies
Unadorned wall surfaces
Exterior panels of wood, stucco,
brick or stone
Flush-mounted metal frame full-
height and clerestory windows
Exterior staircases, decks, patios
and balconies
Little or no exterior decorative
detailing
Expressionistic/Organic subtype:
sculptural forms and geometric
shapes, including butterfly, A-
frame, folded plate or barrel
vault roofs
Googie (c. 1955 – 1970)
Googie has been described as
Modernism for the masses. With its
swooping lines and organic shapes, the
style attempted to capture the playful
exuberance of postwar America.
Named for the John Lautner-designed
Googie’s Restaurant in Los Angeles, the
style was widely employed in roadside
commercial architecture of the 1950s,
including coffee shops, bowling alleys,
and car washes.
While several Googie-style motels,
restaurants, and commercial buildings
could once be found in Downtown
Fresno, few examples remain today.
One example is the car wash at 2615
Tuolumne Street.
Character-defining features include:
Expressive rooflines, including
butterfly, folded-plate, and
cantilevers
Organic, abstract, and parabolic
shapes
Clear expression of materials,
including concrete, steel, asbestos,
cement, glass block, plastic, and
plywood
Large expanses of plate glass
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HISTORIC RESOURCES GROUP
Thematic ornamentation, including
tiki and space age motifs
Primacy of signage, including the
pervasive use of neon
Corporate Modern (c. 1946-1976)
Corporate Modern was the
predominant style of large-scale
commercial designs of the late 1950s
and 1960s. A direct descendant of the
International Style, this corporate
version was concerned with simple
geometric forms and expressing the
building’s structure.
The Corporate Modern-style building
typically takes one of two forms. The
first features a single or central
windowless shaft, flanked by one or
more radiating wings banded with
windows. Structural supports may be
accentuated with protruding steel piers.
Exterior decoration is often limited to
the use of vertical or horizontal
sunscreens. An alternate form is
characterized by soaring rectangular
volumes and the generous use of glass.
This version of the style borrows heavily
from the minimalist designs of architect
Ludwig Mies van der Rohe, whose
highly-modular steel and glass structures
first appeared in the early 1950s.
Buildings that adhere most closely to
this aesthetic are often referred to as
Miesian.
Examples of the Corporate Modern
style in Downtown Fresno include the
former Del Webb complex (now Fresno
Equity Plaza) located at 2200 Tulare
Street.
Character-defining features include:
Rectangular volumes
Materials of concrete, steel, and
glass
Horizontal bands of windows or
glass curtain walls
Steel frame accentuated with
protruding steel piers or I-beam
mullions
Projecting aluminum
sunscreens, vertical fins or
louvers
Tower over a parking podium,
often screened
Articulate ground story, often
set back behind slender
columns or pilotis
Exterior staircases with no risers
Building set back on a plaza or
formal garden
New Formalism (1955-1975)
Popular in large-scale commercial and
civic designs from the late 1950s
through the 1970s, the New Formalism
was widely seen as a rejection of the
sparse steel and glass aesthetic of the
period. Largely shaped by the work of
Edward Durell Stone, the style is
characterized by pronounced columnar
supports and large expanses of
patterned screens. In opposition to the
minimalist approach of the International
Style, the New Formalists eagerly
referenced and abstracted the classical
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forms and applied ornamentation of
historical styles.
The Fresno County Courthouse,
designed by Walter Wagner and
Associates and the Crocker Citizens
Bank on Fresno Street are examples of
the New Formalism style found in
Downtown Fresno.
Character-defining features include:
Symmetrical plan
Heavy projecting roof slab
Smooth wall surfaces
Colonnade of stylized full-
height columnar supports
Repeating arches or rounded
openings
Large screens of perforated cast
stone or concrete or metal
grilles
Building set behind a plaza or
fountain
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HISTORIC RESOURCES GROUP
SURVEY METHODOLOGY
This survey project is comprehensive in
approach and designed to be inclusive
of potentially significant properties from
Fresno’s important development
periods. It uses contemporary survey
methods and established evaluation
criteria as outlined by the National Park
Service and the California Office of
Historic Preservation.99
Survey Area
This survey was focused on the Fulton
Corridor planning area as defined by
the City. The survey area is generally
bounded by Highway 99 and the
Central Pacific Railroad tracks to the
south and west; Highway 41 to south
and east; and Divisadero Street to the
north. Portions of the area between the
Fulton Corridor and the Atchison,
Topeka and Santa Fe railway, as well as
parcels located near the convergence of
Highways 99 and 41 were also
included. A map of the primary survey
area is provided in Figure 1.
99 National Park Service, U.S. Department of the
Interior. National Register Bulletin 24: Guidelines for
Local Surveys: A Basis for Preservation Planning.
Washington, D.C.: 1985.
The Fulton Corridor100 plan area
encompasses what is generally
considered Downtown Fresno. It is the
oldest portion of the City, containing
the area originally platted in 1872. The
plan area includes the City’s traditional
central business district, the Civic
Center, the “Cultural Arts District”, the
“South Stadium” area, and Fresno’s
Chinatown neighborhood.
Like many downtowns in the United
States, the Fulton Corridor area
declined substantially in the latter
decades of the 20th Century as residents
and private enterprise largely
abandoned Downtown for
opportunities in suburban areas. The
area has been subject to extensive
redevelopment efforts since the 1960s.
Despite these challenges, a wide range
of civic, institutional, and commercial
uses are still concentrated within
Fresno’s Downtown. These include
several government agencies, a large
hospital complex, a sports stadium, a
convention center, theaters, hotels, a
casino, and numerous small businesses.
100 The survey area expanded beyond the Fulton
Corridor to include all parcels located in a triangle
formed by Highway 99 to southwest, Highway 41
to east, and Divisadero Street to the north.
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HISTORIC RESOURCES GROUP
Figure 1: Survey Area Map
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Historic Resources Survey
HISTORIC RESOURCES GROUP
Previous Studies and Evaluations
Portions of the Fulton Corridor area
have been subject to numerous historic
surveys, studies, and historic-cultural
environmental reviews. The area
contains over one-hundred and ten
(110) of the City’s designated historic
resources, representing a wide range of
property types and periods of
development.
One potential historic district is
identified within the Fulton Corridor
plan area on the City’s Historic
Resources map:
L Street District
This collection of residential
properties is located in the northern
portion of the Fulton Corridor plan
area, overlapping the Cultural Arts
District. It is bordered by
Divisadero, N, M, Stanislaus, and
Amador streets.
Two additional potential historic
districts located just northeast of the
Fulton Corridor plan area are identified
on the City’s historic resources map:
Santa Fe Warehouse District
This small collection of brick
warehouses is located near the
Santa Fe Rail depot bounded by R,
Tulare, P and Mono streets. It was
identified in 1994.
St. John’s Cathedral District
This district was identified in 1994.
It is located in the northeast corner
of downtown Fresno, and is
composed of approximately seven
city blocks, bounded on the
northwest by Fresno Street, on the
north by Divisadero Street, on the
northeast by U Street, on the
southeast by Tulare Street and on
the southwest by the Santa Fe
Railroad tracks.
Prior historic evaluation work in the
Fulton Corridor area includes a1977
historic resources survey which was
completed as a result of the adoption of
the Fresno-Clovis Metropolitan Area
General Plan (1977 Survey), and the
Supplementary Historic Building Survey
of the Ratkovich Plan Area (Ratkovich
Study), completed in 1994 by John
Edward Powell and Michael J. McGuire
under the auspices of the California
State University, Fresno Foundation.
More recent historic surveys containing
analysis which impacts future planning
within the Downtown-Fulton Corridor
include:
Broadway Row Historic Resource
Survey
Architectural Resources Group,
2004
Survey of a two-block area
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HISTORIC RESOURCES GROUP
bounded by Stanislaus, Fulton,
Tuolumne, and H streets. Sixteen
(16) properties were documented
and a potential Automotive
Warehouse District was identified.101
Historic Architecture Survey
Report for the Bungalow Court
Project
Karana Hattersley-Drayton
2004
Survey and identification of one
hundred twenty-eight (128)
examples of “bungalow” courts
within Fresno city limits.
Chinatown Historic Resource
Survey
Architectural Resources Group,
2006
Survey of buildings within the six-
block heart of Fresno’s historic
Chinatown. This survey identified
ten properties as individually eligible
for national, state, or local
designation. It also identified a small
historic district along F Street.
City of Fresno Arts-Culture
District Historic Property Survey
Urbana Preservation and Planning,
101 The boundaries of the potential district extended
outside the Broadway Row survey area. Further
investigation is needed to verify the district.
2006
Survey of a sixteen-block area
bounded by Tuolumne, “H”,
Amador and “L” streets, and known
as the Uptown Arts-Culture District.
This survey identified nine
properties as individually eligible for
national, state, or local designation.
It also identified a seven-property
potential historic district along
Fulton Street102, a fourteen-property
potential district of historic
warehouses, a potential thematic
district of six automotive service
buildings, and proposed eight
additional properties for
consideration as part of the
previously identified “L” Street
residential historic district.
City of Fresno Upper Triangle
Areas Historic Property Survey
Urbana Preservation and Planning,
2007
This survey expanded the survey
area of the Arts-Culture District to
include the “Upper Triangle” area
bounded by “H”, Divisadero and
Tuolumne streets. Thirty-two
properties were identified as eligible
102 The Historic Preservation Commission did not
concur with the evaluation of this collection of
buildings as a historic district.
100
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Downtown Fresno (Fulton Corridor)
Historic Resources Survey
HISTORIC RESOURCES GROUP
for national, state, or local
designation.
Historic Properties Survey South
Stadium Project Area
Page & Turnbull, 2008
Survey of an eighteen-block area
bounded by Tulare, Van Ness,
Highway 41, and the Southern
Pacific Railroad tracks including
intensive-level survey of a six-block
area between Inyo, Van Ness,
Ventura, and H streets. Eighty-three
(83) properties were documented
including several properties
associated with an automotive
business context.
In addition to historic surveys, two
historic context statements have been
prepared. These, along with contexts
from prior survey reports, provided the
basis for the current context for
Downtown Fresno.
Germantown Historical Context
Architectural Resources Group,
2006
This Historic Context for Fresno’s
historic Germantown documents
the history of the Volga Germans
who first settled in Fresno in 1887
and identifies property types such as
residences, churches and “summer
kitchen” outbuildings that are
associated with this community.
Mid-Century Modern Historic
Context
Planning Resource Associates, Inc.
2008
This historic context statement
addresses the regional and local
emergence of Modern architecture
in Fresno from the period of 1940-
1970 and defines property types
which characterize Fresno mid-
century Modernism. A large portion
of this context focuses on post-
World War II planning and
development in Downtown
Fresno’s Central Business District
and Civic Center.
Survey Process 2010-2011
This survey was conducted using a five-
step approach. This approach is based
upon current professional methodology
standards and procedures developed by
the National Park Service, the California
Office of Historic Preservation, and
preservation professionals over the past
three decades.
Historical Research
Background research was conducted on
the history of Fresno and the
development of its built environment.
Sources of research included historic
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HISTORIC RESOURCES GROUP
photographs, newspapers, Sanborn Fire
Insurance maps, publications, previous
historic studies and City documents.103
The City’s map of historic resources, the
City’s historic resource database, and
the State Historic Resources Inventory
(HRI) were consulted to locate
previously identified historic properties.
Previous surveys and historic context
statements were used to establish the
general historic context and
development themes for Downtown
Fresno. They provided an important
foundation for further investigation and
informed observations in the field.
These contexts focused on early
residential neighborhoods; the
settlement patterns of various ethnic
communities; automobile-oriented
development; post-World War II
comprehensive planning; and
architecture from the mid-20th century.
Reconnaissance Survey
Informed by knowledge of the City’s
historic periods of development and
their associated themes and property
types, a focused investigation of the
Downtown-Fulton Corridor area was
103 A bibliography of sources that contributed to this
investigation is included in this report.
conducted in August and September of
2010. The age of buildings,
concentrations of specific property
types, evidence of past development
patterns, and large-scale planning efforts
were noted during field investigations.
Factors of the analysis included historic
integrity, architectural style,
neighborhood cohesion, and
relationships to larger development
patterns in the area. Groupings of
properties were considered for their
geographic or thematic relationships.
Intensive Survey
Intensive survey fieldwork of
Downtown Fresno was conducted in
March and April 2011. Approximately
200 properties within the Downtown-
Fulton Corridor area were identified for
intensive survey because they were
property types associated with identified
historic themes important to the
development of Downtown Fresno. At
the direction of city staff, an additional
100 properties were surveyed to
provide comprehensive coverage within
the survey area.
Properties subject to intensive survey
were individually observed and
photographed from the public right-of-
way. These images were used to assess
material and architectural integrity as
well as to corroborate other property-
specific data.
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HISTORIC RESOURCES GROUP
Data Management
All property-specific information has
been compiled into an Excel table,
referred to as the property data table.
This includes information gathered
during the course of the survey, as well
as previously existing documentation
for historic resources in the survey area.
Analysis
Analysis of the compiled data was
conducted, informed by the
development of the historic context
statement. Factors of the analysis
included historic integrity; architectural
style; rarity of type; historic association;
and relationships to larger development
patterns in the area. A determination of
significance was made for each
surveyed property based upon all of the
data collected. Groupings of properties
were analyzed for geographic or
thematic relationships.
Evaluations and Recommended
Designations
Informed by all of the previous steps,
each surveyed property was evaluated
for eligibility for listing on the National
Register, the California Register, and for
local designation as an individual
historic resource and/or as part of a
historic district. Finally, each property
has been assigned a California Historical
Resource Status Code (“Status Code”).
These codes are used by the California
Office of Historic Preservation to reflect
designations or eligibility for the
National Register of Historic Places, the
California Register of Historical
Resources, and for local designation.
Maps
The maps contained in this report
visually represent current and
recommended designations for
properties within the survey area. These
maps emphasize extant built resources,
and do not reflect the actual boundaries
of any specific property. Standard
preservation practice defines the
boundaries of an historic property as
the parcel on which an historic structure
is situated. Specific boundaries of an
historic property should be clearly
defined at the time of designation.
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HISTORIC RESOURCES GROUP
SURVEY RESULTS
Overview
The 2010-2011 survey identified,
surveyed and evaluated over 300
individual properties within Downtown
Fresno. A detailed explanation of the
survey results is contained in this
section. In addition to evaluation for
potential local designation, properties
have been evaluated for eligibility under
the criteria for the National Register of
Historic Places and the California
Register of Historical Resources.
Summary lists of all evaluated
properties that were found eligible for
listing as individual resources or as part
of a district can be found in Appendices
A through D.
Understanding the Survey Results
Identification and Evaluation
The Survey Area includes a range of
property types from various historical
periods. Informed by knowledge of
Fresno’ historic periods of development
and their associated themes and
property types, field reconnaissance of
the entire Survey Area was conducted.
Individual properties that represented
outstanding examples of architectural
style, period, or type or were known to
have important historic associations
were identified for further investigation.
After detailed field survey of the
identified properties and property
groupings, each surveyed property was
evaluated for local designation, as well
as its eligibility for listing in the
California Register of Historical
Resources, and the National Register of
Historic Places.
Each property has been assigned the
appropriate California Historical
Resource Status Codes (“Status Code”).
These codes are used by the California
State Office of Historic Preservation to
reflect designations or eligibility for the
National Register of Historic Places, the
California Register of Historical
Resources, and for local designation.104
The State Office of Historic
Preservation provides the following
qualifying statement in its guidance for
using the Status Codes:
“the status codes are broad indicators
which, in most cases, serve as a starting
place for further consideration and
evaluations. Because the assigned status
code reflects an opinion or action taken at
a specific point in time, the assigned status
code may not accurately reflect the
resource’s eligibility for the National
Register, California Register, or local listing
or designation at some later time.
Individuals and agencies attempting to
104 Note that effective August 2003, these status codes
were revised and adopted by the California Office
of Historic Preservation. For the complete list of
current California Historical Resource Status
Codes, see Appendix G.
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identify and evaluate historical resources
need to consider the basis for evaluation
upon which a particular code was
assigned, i.e., date of evaluation, the reason
and criteria applied for evaluation, the age
of the resource at the time of evaluation,
and any changes that may have been made
to the resource that would impact its
integrity.”105
A list of all status codes established by
the California Office of Historic
Preservation can be found in Appendix
D. The status codes applied by HRG in
this survey are as follows:
1S
Individual property listed in NR by the
Keeper. Listed in the CR.
3S
Appears eligible for NR as an
individual property through survey
evaluation.
3D
Appears eligible for NR as a
contributor to a NR eligible district
through survey evaluation.
3B
Appears eligible for NR both
individually and as a contributor to a
NR eligible district through survey
evaluation.
105 California State Office of Historic Preservation,
Technical Assistance Bulletin #8 (5-6)
3CS
Appears eligible for CR as an
individual property through survey
evaluation.
3CD
Appears eligible for CR as a contributor
to a CR eligible district through a
survey evaluation.
3CB
Appears eligible for CR both
individually and as a contributor to a
CR eligible district through a survey
evaluation.
5S3
Appears to be individually eligible for
local listing or designation through
survey evaluation.
5D3
Appears to be a contributor to a district
that appears eligible for local listing or
designation through survey
evaluation.
5B
Locally significant both individually
(listed, eligible, or appears eligible) and
as a contributor to a district that is
locally listed, designated, determined
eligible or appears eligible through
survey evaluation.
6Z
Found ineligible for local designation
through survey evaluation.
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Evaluation of Historic Significance
The evaluation of a property’s eligibility
for historic designation requires an
assessment of two factors: significance
and integrity. The definition of historic
significance used by the California
Office of Historic Preservation (OHP) in
its administration of the California
Register is based upon the definition
used by the National Park Service for
the National Register:
“Historic significance is the importance of a
property to the history, architecture,
archaeology, engineering, or culture of a
community, state, or the nation. It is
achieved in several ways: (1) Association
with events, activities, or patterns; (2)
Association with important persons; (3)
Distinctive physical characteristics of
design, construction, or form; or (4)
Potential to yield important information.
Significance is defined by the area of
history in which the property made
important contributions and by the period
of time when these contributions were
made.” 106
A number of properties are identified as
notable examples of particular building
types or architectural styles, or for
associations with important
development trends in Fresno.
106 National Register Bulletin 16A. (3)
Evaluation of Historic Integrity
The field of historic preservation uses
the concept of “integrity” when
evaluating the physical character of
individual resources.107 Historic integrity
is defined as the “authenticity of a
property’s historic identity, evidenced
by the survival of physical characteristics
that existed during the property’s
historic period.”108 Integrity is assessed
by determining the extent to which a
property’s historic materials and
architectural features remain intact.
Integrity is composed of seven aspects:
Location is the place where the historic
property was constructed or the place
where the historic event occurred.
Design is the combination of elements
that create the form, plan, space,
structure and style of a property.
Setting is the physical environment of
a historic property.
Materials are the physical elements
that were combined during a
particular period of time and in
particular pattern or configuration to
form a historic property.
107 It is important to distinguish between the condition
of a building and its historic integrity. A building
may exhibit poor maintenance, damage, and/or
decay and still possess historic integrity.
108 National Register Bulletin 16A. (4)
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Workmanship is the physical evidence
of the crafts of a particular culture or
people during a given period of history
or prehistory.
Feeling is a property’s expression of the
aesthetic or historic sense of a
particular period of time.
Association is the direct link between
an important historic event or person
and a historic property.
To retain historic integrity a property
must possess several, and usually most,
of the seven aspects. The retention of
specific aspects of integrity is paramount
for a property to convey its significance.
Determining which of these aspects are
most important to a particular property
requires knowing why, where and
when the property is significant.
Each evaluated property was assigned
an integrity evaluation of “good,” “fair,”
or “poor.” Properties with good or fair
integrity were then considered as
possible candidates for designation as
individual resources or as contributors
to a potential historic district. Properties
with poor integrity that are rare
surviving examples of an important
property type or period of development
were also considered eligible. Properties
with poor integrity and no known
historic associations were evaluated as
ineligible for designation.
Identification of Historic Districts
Standard preservation practice evaluates
groups of buildings from similar time
periods and historic contexts as districts.
The National Park Service defines an
historic district as “a significant
concentration, linkage, or continuity of
sites, buildings, structures, or objects
united historically or aesthetically by
plan or physical development.”109
A historic district derives its significance
as a single unified entity. The National
Park Service guidelines continue:
“The identity of a district results from the
interrelationship of its resources, which can
convey a visual sense of the overall historic
environment or be an arrangement of
historically or functionally related
properties.” 110
For the purposes of this survey,
properties that have been found to
contribute to the historic identity of a
district are referred to as district
contributors. These resources are
considered significant as a part of the
district entity, but are not necessarily
significant individually.111 Properties
located within the district boundaries
109 National Park Service, U. S. Department of the
Interior. National Register Bulletin 15. How to
Apply the National Register Criteria for Evaluation.
Washington D.C.: 1997. (5)
110 National Register Bulletin 15. (5).
111 Some properties have been recommended for
designation as both individual Landmarks and as
district contributors.
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that do not contribute to its significance
are considered to be non-contributors.
Dates of Construction
Knowledge of a building’s original date
of construction is essential to an
evaluation of historic significance and
integrity. Of the 300 properties
surveyed, HRG was able to locate
approximately 165 building permits
and/or building records. Many of these
did not include an original construction
date. Tax Assessor year dates were
provided for approximately 250
properties by the City. While the
assigned Tax Assessor dates are often
analogous with the original construction
date they are not considered a
consistently reliable source.
In the absence of a comprehensive
listing of reliable construction dates
from a single data source, Historic
Resources Group compiled dates from
multiple sources and selected the date
that appeared most likely to be the
original date of construction.
Evaluations of significance and integrity
have been based upon this evaluation
date. Where no reliable information was
available, the original construction date
was estimated and a circa date assigned.
Limitations of the Survey Evaluations
As is true with all large-scale historic
resources surveys, in-depth research of
each individual property is not feasible.
Evaluations are based on available
property information and visual
inspection of properties from the public
right-of-way. If additional pertinent
information comes to light, some
evaluations may be revised.
Individually Significant Properties
This survey identifies sixty-five (65)
properties that appear to meet the
criteria for designation as individual
historic landmarks eligible for
designation as City of Fresno Historic
Resources. Seven of these properties
have already been designated by the
City as historic resources.112
Of the fifty-eight (58) properties that
have not been previously designated by
the City, eighteen (18) appear to be
eligible for listing in the National
Register of Historic Places. Fifty-two
(52) properties appear to be eligible for
listing on the California Register. This
number includes the eighteen
112 Seven of the City’s designated historic resources
were surveyed as part of a survey of all properties
located on the Fulton Mall.
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properties found eligible for the
National Register.
The list of properties evaluated as
individually eligible for historic
landmark designation is representative
of the following:
The Railroad and Town
Establishment
Late 19th and Early 20th Century
Commercial Development
Late 19th and Early 20th Century
Residential Development
Immigration and Fresno’s Ethnic
Communities
Industrial Development
New Deal Civic Development
Mid-Century Downtown
Commercial Revitalization
Mid-Century Downtown Civic
Revitalization
A map of properties evaluated as
potentially eligible for individual historic
landmark designation is shown in Figure
2. A list of eligible properties can be
found in Appendix A.
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Historic Resources Survey
HISTORIC RESOURCES GROUP
Figure 2: Map of Individually Eligible Properties
110
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Historic Resources Survey
HISTORIC RESOURCES GROUP
Historic Districts
In addition to properties potentially
individually eligible for historic
designation, this survey identified two
distinct grouping of properties which
warrant consideration for designation as
a historic district. The two potential
historic districts are described below.
Potential Civic Center Historic District
HRG identified a potential “Civic
Center Historic District” that includes
Depression Era government buildings,
and mid-Century government buildings
associated with the New Deal Era and
mid-20th Century expansions of the
Civic Center, and their associated
landscapes and landscape features.
The potential district is generally
bounded by Van Ness Avenue, Tulare
Street, Fresno Street, P Street and
Merced Street. The potential district
contains fourteen contributing buildings
and one non-contributor. Seven of the
contributors have been designated
individually as historic resources by the
City. This survey identified five
contributing buildings from the mid-20th
Century that also appear eligible for
listing individually.
A map of the Civic Center Historic
District is shown in Figure 3. A list of
the contributing properties to the Civic
Center Historic District can be found in
Appendix B.
Analysis of a Potential Fulton
Street/Fulton Mall Historic District
The Fulton Mall landscape designed by
celebrated modernist landscape
architect Garrett Eckbo has been
officially determined eligible for listing
in the National Register of Historic
Places. Buildings fronting the Fulton
Mall were surveyed individually and as
contributors to a potential historic
district. Properties constructed between
1914 and 1970 were considered as
potential contributors. This period of
significance includes the establishment
of Fulton Street as a major regional
retail and entertainment corridor in the
first half of the 20th Century and its
revitalization as the Fulton Mall in the
1960s. The 1970 opening of the
Fashion Fair Mall north of Downtown
precipitated the Fulton Mall’s decline.
Forty-five individual properties were
surveyed on the Fulton Mall. Of these,
seven have been designated individually
as historic resources by the City and
one is listed on the National Register.
This survey identified three additional
properties as eligible for listing
individually. Twelve additional
properties have retained sufficient
integrity to qualify as contributors to a
potential district. The remaining 24
properties were evaluated as non-
contributors due to lack of integrity or
having construction dates outside the
period of significance.
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HISTORIC RESOURCES GROUP
Depending on how a potential district is
configured, roughly 50% of buildings
on the Fulton Mall appeared to meet
criteria as contributors to a potential
historic district. This percentage is less
than what is generally considered
adequate for a historic district113.
Although they do not appear to meet
criteria for individual listing, the
potential contributing properties are
listed here for review by City staff and
the community. Given the special
importance of Fulton Street to the
history of downtown Fresno, the City
may want to investigate some type of
special planning consideration.
A map showing analysis of the Fulton
Mall as a potential historic district is
shown in Figure 4. A list of the
contributing and non-contributing
properties can be found in Appendix C.
113 Standard preservation practice typically considers a
60% ratio of contributors to be a baseline for a
historic district.
112
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Historic Resources Survey
HISTORIC RESOURCES GROUP
Figure 3: Potential Civic Center Historic District
113
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Historic Resources Survey
HISTORIC RESOURCES GROUP
Figure 4: Potential Fulton Street District Analysis
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GLOSSARY OF TERMS
The following terms are used
throughout this report. They describe
established historic preservation
concepts that are based in cultural
resources law at the Federal, state, and
local levels. These concepts have been
codified in standards and guidelines
developed by the National Park Service,
the Department of the Interior, and
professional practitioners, including
historians, architects, archeologists, and
urban planners.
California Historical Resource Status
Code is the numerical system adopted
by the California Office of Historic
Preservation to classify Historic
Resources that have been identified
through a regulatory process or local
government survey in the Statewide
Historic Resources Inventory database
maintained by the California Office of
Historic Preservation.
Character-defining features are the
essential physical features that enable a
building, structure, or object to convey
why it is significant and when it was
significant. It is not necessary for a
property to retain all of its historic
physical features or characteristics.
However, the property must retain
sufficient physical features to enable it
to convey its historic identity and
without which the property can no
longer be identified.
Contributor is any building, structure,
site, or object located within a
designated Historic District which adds
to the historical integrity or architectural
qualities that make the Historic District
significant. Contributors to designated
Historic Districts are considered Historic
Resources.
Designation is the act of recognizing,
labeling, or listing a property as being
historic. Properties may be designated at
the Federal level as a National Historic
Landmark or listed in the National
Register of Historic Places, at the state
level as a California Historical
Landmark, California Point of Historical
Interest, or listed in the California
Register of Historical Resources, or at
the local level. Designation formally
establishes by law or ordinance that a
building or site has significance.
Historic Context is the area or domain
within which a property has historic
significance. Historic contexts allow for
an understanding of how the property
is a part of an important historic
development or event.
A Historic District is a significant
concentration, linkage or continuity of
sites, buildings, structure or objects
united historically or aesthetically by
plan or physical development.
Historic Integrity is the ability of a
property to convey its significance. It is
the authenticity of a property’s historic
identity as evidenced by the survival of
physical characteristics and materials
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that existed during the property’s
historic period.
Historic Resource is any building,
structure, object, or site that is listed in
or determined eligible for listing in the
National Register of Historic Places or
the California Register of Historical
Resources, either individually or as a
contributor to a Historic District; has
been designated as a historic resource
by the City of Fresno; meets at least
one of the Criteria for Designating a
Historic Landmark; or is identified as a
Contributor to a Historic District.
The Historic Resources Inventory is
the list of buildings, structures, objects,
or sites that are identified as Historic
Resources or potential Historic
Resources through survey or other
evaluation; are included on any list of
historic and cultural resources,
including, but not limited to, the
National Register of Historic Places, the
California Register, and the Statewide
Historic Resources Inventory (with a
California Historic Resource Status
Code of 1-5); or are designated Historic
Landmarks or Contributors to a Historic
District by the City Council.
A Historic Resources Survey is the
process by which a community’s
historic resources are identified and
documented. A reconnaissance-level
survey is a cursory look at an area with
some general background research.
Such a survey is typically used to
broadly characterize the types of
resources that would be found in an
area, in order to guide future survey
efforts. An intensive-level survey is a
close and careful inspection of an area
in order to precisely identify all historic
resources in an area. Such a survey
would include field observation,
detailed background research, thorough
documentation of all surveyed
properties, and is typically accompanied
by a historic context statement.
Historic Significance is the reason a
property is important to the history,
architecture, archaeology, engineering,
or culture of a community, state, or the
nation. Significance is defined by the
area of history in which the property
made an important contribution and by
the period of time when these
contributions were made. Establishing
historic significance is necessary to
demonstrate that a property has been
evaluated within the proper historic
context and according to appropriate,
legally established criteria, such as those
required for listing in the National
Register of Historic Places, the
California Register of Historical
Resources, or a local landmark program.
The National Register of Historic
Places is the official inventory of sites,
buildings, structures objects and districts
significant in American history,
architecture, archeology and culture and
is maintained by the Secretary of the
Interior under the authority of the
Historic Sites Act of 1935 and the
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National Historic Preservation Act of
1966.
Non-contributor is any building,
structure, or object located within a
designated Historic District which does
not add to the historical integrity or
architectural qualities that make the
Historic District significant. Non-
contributors to designated Historic
Districts are not considered Historic
Resources.
A Period of Significance is the span of
time during which a property was
associated with important events,
activities, or persons, or attained the
characteristics that qualify it as historic.
A resource may have more than one
period of significance.
The Secretary of the Interior’s
Standards and Guidelines are the
standards used in the preservation,
rehabilitation, restoration, or
reconstruction of a historic property.
“The Standards” delineate accepted
treatments for the protection and
rehabilitation of historic materials.
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Historic Resources Survey
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City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
Newspaper Articles
“Architect Begins Design Of New Federal Building”, Fresno Bee, December 27, 1963
“Bank Will Dedicate New Office”, Fresno Bee, September 29, 1968
“Berkley’s Will Open In New Quarters”, Fresno Bee, April 9, 1961
Bier, Jerry; “Board Sets Law Building Timetable”, Fresno Bee, May 7, 1968
“Call is Issued For Bids on $1,000,000 Downtown Store”, Fresno Bee, May 8, 1960
“City Hall Site Is Urged for New Police Building”, Fresno Bee, December 13, 1957
“City OKs Pact For Design of Mariposa Mall”, Fresno Bee, October 30, 1968
Clough, Edwin M., “1962 May Bring Decision On Reshaping Of Downtown Area”,
Fresno Bee, January 2, 1962
Cole, Verne; “Fresno’s New Face Is Milestone of Year Past”, Fresno Bee, January 1,
1965
“Creamery Lists Million Dollar Drop In Revenues”, Fresno Bee, March 9, 1948
“Crossing Entry”, Fresno Bee, May 3, 1965
“First Federal Savings Will Start Work On New Building”, Fresno Bee, June 4, 1967
“Former Fresno Hilton Will Be Gutted And Redeveloped ”, Fresno Bee, November 22,
2006
“Four Unit Building Will Replace Hotel”, Fresno Bee, January 28, 1962
Fresno Bee, January 3, 1962, photo of Sequoia Hotel demolition.
“Fresno’s Changing Face”, Fresno Bee, October 27, 1960
“Fresno Became a City 75 Years Ago Today”, Fresno Bee, October 27, 1960
“Fresno Council Hears Civic Center Plans”, The Modesto Bee, December 19, 1965
“Good Losers Get No Chapter in Winner Del Webb’s Book”, Fresno Bee, March 8,
1964
Grig, Gene, “1.9 Million Is Approved For Courthouse”, Fresno Bee, July 19, 1963
121
REPORT
City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
Grimes, Ward W., “Del Webb Center Will Be Dedicated Tomorrow”, Fresno Bee, March
6, 1964
Grimes, Ward W., “15 Story Downtown Hotel Will Be Built”, Fresno Bee, October 17,
1960
Grimes, Ward W., “Savings Firm Plans Office Tower”, Fresno Bee, August 9, 1964
Grimes, Ward W., “Webb Center Nears Finish”, Fresno Bee, November 3, 1963
“Insurance Company Plans New Building”, Fresno Bee, April 25, 1965
“International Drug Company Will Move”, Fresno Bee, December 2, 1951
“Jewelry Firm Leases Old Coffee’s Store”, Fresno Bee, August 22, 1965
Kidder, Karl M., “Community Hospital Building Drive Starts”, Fresno Bee, October 31,
1963
“Mall Festival Will Display Cultural Life”, Fresno Bee, August 30, 1964
“National Dollar Stores Plans Mall Location”, Fresno Bee, February 14, 1965
“New Building”, Fresno Bee, November 1, 1964
“New Luggage Shop Opens On Fulton Mall”, Fresno Bee, January 30, 1966
“New Restaurant”, Fresno Bee, October 20, 1968
“Planning for Fresno Civic Center Began 35 Years Ago”, The Modesto Bee, June 28,
1956
“Plans for Downtown Motel Gets City Nod”, Fresno Bee, November 19, 1959
“Rising Skyscraper”, Fresno Bee, May 5, 1963
“Savings Firm Will Open New Quarters”, Fresno Bee, July 2, 1961
Sisson, H.L., “Future Metropolis Blossoms In Nation’s Agricultural Center”, Fresno Bee,
March 8, 1964
Sisson, H.L., “More Sky In Fresno’s Future?”, Fresno Bee, August 18, 1963
Sisson, H.L., “Savings Firm Plans L Street Office Building”, Fresno Bee, July 19, 1963
Sisson, H.L., “Webb Opening Points To Big Fresno Future”, Fresno Bee, March 7, 1964
122
REPORT
City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
“Tree Lined Mariposa Mall Is Studied”, Fresno Bee, November 25, 1956
“Unique Design”, Fresno Bee, November 28, 1965
“Walter Smith Moves To Fulton-Kern Area”, Fresno Bee, November 5, 1961
“Wells Fargo Bank Plans New Office”, Fresno Bee, March 28, 1965
Websites
Archop website
http://archop.org/
Armenian National Institute website
http://www.armenian-genocide.org
California Raisin Marketing Board website
http://www.calraisins.org/about/the-raisin-industry/history/
California State Military Museum website
http://www.militarymuseum.org
Carnegie Libraries of California website
http://www.carnegie-libraries.org/california/fresno.html
Community Medical Centers Healthcare website
http://www.communitymedical.org
The Cultural Landscape Foundation website
http://tclf.org
Del Monte Foods corporate website, “Our History” pages
http://www.delmonte.com/company/default.aspx?page=oc_ourhistory
PBID Partners of Downtown Fresno website, The Fulton Mall: A Brief History
http://www.downtownfresno.org/fulton-mall.html
Fresno County Public Library (history of page)
http://www.fresnolibrary.org/about/history.html
Fresno Historical Society. http://www.valleyhistory.org
123
REPORT
City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
Fresno Irrigation District website
http://www.fresnoirrigation.com/history.html
A Guide to Historic Architecture in Fresno, California
http://historicfresno.org/
Lance and Cromwell Old Fresno (California) Flickr Set
http://www.flickr.com/photos/81918828@N00/sets/72157603574663279/with/214
4732995/
Mid-Century Modern Fresno Facebook Page
Picayune Rancheria of the Chukchansi Indians Website History page,
http://www.chukchansi.net/history.html
Pop Laval Collection website
http://www.poplavalfoundation.org
Sun-Maid Corporate website
http://www.sun-maid.com/en/about/our_history.html
124
REPORT
City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
APPENDIX A: PROPERTIES THAT APPEAR ELIGIBLE FOR INDIVIDUAL HISTORIC LANDMARK DESIGNATION
INDIVIDUALLY ELIGIBLE PROPERTIES
PARCEL ADDRESS EVALUATION
DATE
HISTORIC NAME or
OTHER IDENTIFIER SIGNIFICANCE STATUS
CODE
46829608 401 BROADWAY 1952 Sheppard Rug
Company sign
Good example of mid‐20th Century
commercial signage. 5S3; 3CS
46708112 646 F 1910 c. cottage Rare intact example of early 20th
Century cottage. 5S3; 3CS
46706501 1157 F 1923 Hotel D'Italia
Rare intact example of a mixed‐
use commercial building from the
1920s. Possible association with
old Italian neighborhood.
5S3; 3CS
46615203 2135 FRESNO 1950 Crocker Anglo Bank
Building
Good example of Mid‐Century
Modern commercial building. 5S3; 3CS
46825507 802 FULTON 1913/1948/1
968 Gottschalks
Excellent example of Late
Moderne architecture. Flagship
location of important regional
retailer Gottschalks.
5S3; 3CS;
3S
46828105 901 FULTON 1961 Walter Smith Store /
Luftenburg’s
Rare intact example of a mid‐20th
Century department store in
Downtown Fresno.
5S3; 3CS;
3S
46828101 959 FULTON 1924
Radin‐Kamp
Department Store;
J.C. Penny's
Rare intact example of an early
20th Department Store building in
Fresno. Representative example of
the work of the noted local
architecture firm of Felchlin, Shaw
& Franklin.
3S; 5S1
46621307 1001 FULTON 1917 Bank of Italy
Excellent example of Renaissance
Revival commercial architecture in
Fresno. Representative example of
the work of the noted local
architecture firm of Felchlin, Shaw
& Franklin.
1S; 5S1
46627002 1044 FULTON 1918 Mason Building
Excellent example of Renaissance
Revival commercial architecture in
Fresno. Representative example of
the work of noted architect
Eugene Mathewson.
5S1; 3CS;
3S
46617212 1060 FULTON 1923 Pacific Southwest
Building
Excellent example of Renaissance
Revival commercial architecture in
Fresno. Representative example of
the work of the noted local
architecture firm of Felchlin, Shaw
& Franklin.
5S1; 3CS;
3S
46621204 1101 FULTON 1914 Helm Building
Excellent example of Renaissance
Revival commercial architecture in
Fresno. Representative example of
5S1; 3CS;
3S
125
REPORT
City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
INDIVIDUALLY ELIGIBLE PROPERTIES
PARCEL ADDRESS EVALUATION
DATE
HISTORIC NAME or
OTHER IDENTIFIER SIGNIFICANCE STATUS
CODE
the work of the noted architect
George Kelham.
46621201 1177 FULTON 1921
Mattei
Building/Guarantee
Savings and Loan
Excellent example of Classical
Revival commercial architecture in
Fresno. Representative example of
the work of the noted architect
Eugene Mathewson. 1961 remodel
by noted architectural firm of
Robert Stevens Associates.
5S1; 3CS;
3S
46621103T 1221 FULTON 1928 Brix Building
Good example of an early 20th
Century commercial building.
Representative example of the
work of noted local architects
Swartz & Ryland.
5S2
46708201 539 G 1940 c. Kerr Rug Company
Rare example of Streamline
Moderne industrial building in
Fresno.
5S3; 3CS
46708201 539 G 1940 c. Kerr Rug Company
Sign
Good example of pre‐World War II
commercial sign. 5S3; 3CS
46704004 704 G 1936/1945 Feed & Seed
Warehouse
Rare example of intact pre‐WWII
industrial building in Fresno.
5S3; 3CS
46704021U 744 G 1915 c. San Joaquin Materials
Co.
Rare example of pre‐WWII
industrial building.
5S3; 3CS
46704006 840 G 1905 c.
Madary's Brick
Warehouse General
Storage
Rare example of turn‐of‐the‐
century industrial building in
Fresno.
5S3; 3CS;
3S
46703004 1068 G 1915c. / 1930 Jensen & Pilegard Rare example of pre‐WWII
industrial building.
5S3; 3CS
46706211 1159 G 1920 c. G Street Zone
Substation
Rare example of pre‐WWII public
infrastructure building.
5S3; 3CS;
3S
46706113 1235 G 1968 Ridge Electric Motor
Company
Association with celebrated local
artist Stan Bitter. 5S3
46704023ST 735 H 1910 c. Railroad warehouse Rare intact example of a railroad
warehouse in Fresno.
5S3; 3CS;
3S
46503021U 1603 H 1930 c. warehouse Rare intact example of pre‐WWII
industrial building in Fresno. 5S3; 3CS
46707615 1410 INYO various California Dairies,
Inc.
Rare operating industrial facility
portions of which date from the
early 20th Century.
5S3; 3CS
46825318 701 L 1936 California Transit
Company
Rare example of an intact early
20th Century industrial building in
Fresno.
5S3; 3CS;
3S
46840001T 700 M 1966
Fresno Convention
Center; William
Soroyan Theater
Good example of late Modern
architecture. Work of important
local architect Robert W. Stevens.
5S3; 3CS
126
REPORT
City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
INDIVIDUALLY ELIGIBLE PROPERTIES
PARCEL ADDRESS EVALUATION
DATE
HISTORIC NAME or
OTHER IDENTIFIER SIGNIFICANCE STATUS
CODE
Associated with mid‐20th Century
Downtown revitalization.
46821410T 901 M 1963 parking structure
Part of the former Del Webb
Center. Good example of a mid‐
century mixed‐use complex.
5S3; 3CS
46611307 1260 M 1960 c. commercial office Example of mid‐century
commercial office building. 5S3; 3CS
46611513T 1301 M 1965 c. commercial office Good example of a mid‐century
office building 5S3; 3CS
46611503 1325 M 1940 Brix Apartments Good example of pre‐World War II
bungalow court. 5S3
46611502 1345 M 1910 c. cottage Excellent example of early 20th
Century cottage. 5S3; 3CS
46611215T 1350 M 1953 First Methodist
Church of Fresno
Good example of mid‐century
institutional building. 5S3
46612203 2314 MARIPOSA 1950 Fresno County Office
of Education
Good example of Mid‐Century
Modern civic architecture
5S3; 5D3;
3CB; 3B
46612101T 2323 MARIPOSA 1960 Fresno Police
Headquarters
Good example of Mid‐Century
Modern civic architecture.
5S3; 5D3;
3CB; 3B
46609401T 2420 MARIPOSA 1959 Fresno County Free
Library
Good example of Mid‐Century
Modern civic architecture.
5S3; 5D3;
3CB; 3B
46609201T 2550 MARIPOSA 1959 Hugh M. Burns State
Building
Good example of Mid‐Century
Modern civic architecture.
5D3; 3CD;
3D
46611203 1331 N 1930/1950 Royal Court
Apartments
Good example of pre‐World War II
bungalow court. 5S3
46608311 1334 N 1910 Folk Victorian duplex
Rare intact example of a
residential building from the first
decade of the 20th Century.
5S3; 3CS
46608312 1338 N 1886 c. George H. Walley
Home
Rare intact example of a late 19th
Century cottage in Fresno.
5S3; 3CS;
3S
46609114T 1130 O 1966 B.F. Sisk Federal
Building
Good example of late modern
architecture in Fresno.
Representative work of noted local
architect Walter Wagner.
5S3; 5D3;
3CB; 3B
46608119 1350 O 1966 Equitable Life
Assurance
Good example of a mid‐century
modern commercial building in
Fresno. Representative example of
the work of noted local architect
Robert W. Stevens.
5S3; 3CS
46608203 1223 P 1940 bungalow court Good example of pre‐World War II
bungalow court. 5S3
46608202 1231 P 1941 bungalow court Good example of pre‐World War II
bungalow court. 5S3
46605511 1320 P 1913 cottage Rare intact example of early 20th
Century cottage. 5S3; 3CS
127
REPORT
City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
INDIVIDUALLY ELIGIBLE PROPERTIES
PARCEL ADDRESS EVALUATION
DATE
HISTORIC NAME or
OTHER IDENTIFIER SIGNIFICANCE STATUS
CODE
46605519 1319 Q 1913 cottage Rare, intact example of an early‐
20th century residential bungalow. 5S3; 3CS
46829505 1801 SANTA
CLARA 1945 industrial building Rare, intact example of a pre‐
WWII industrial building. 5S3; 3CS
46611124 2320
STANISLAUS 1946 AC Delco Automobile
Service
Good example of Streamline
Moderne architecture in Fresno. 5S3; 3CS
46704012S 1626 TULARE 1946 California Packing
Corporation
Rare example of intact fruit
packing facility portions of which
date to the early 20th Century.
5S3; 3CS;
3S
46703032U 1713 TULARE 1917 Pullman Shed Very rare intact example of a
Pullman Car shed.
5S3; 3CS;
3S
46825410 2014 TULARE 1922 T.W. Patterson
Building
Excellent example of Renaissance
Revival commercial architecture in
Fresno. Representative example of
the work of the noted local
architecture firm of Felchlin, Shaw
& Franklin.
5S1; 3CS;
3S
46825111 2150 TULARE 1965 Midland Savings and
Loan
Good example of a Mid‐Century
modern commercial building.
5S3; 3CS;
3S
46821410T 2200 TULARE 1963 Del Webb Center
Good example of mixed‐use
commercial development from the
mid‐20th Century.
5S3; 3CS
46605404 2615
TUOLUMNE 1965 Downtown Car Wash
Rare example of Googie
commercial architecture in
Downtown Fresno.
5S3; 3CS
46826506 517 VAN NESS 1895 c. Joseph Giardina
House
Rare intact example of late 19th
Century residential development.
Rare brick construction Queen
Anne house in Fresno.
5S3/3S
46826505 521 VAN NESS 1895 c. Giardina Property
Rare intact example of late 19th
Century residential development.
Rare brick construction Queen
Anne house in Fresno.
5S3/3S
46826112 636 VAN NESS 1915 Neo‐Classical 2‐flat Rare early 20th Century duplex in
Fresno. 5S3; 3CS
46825511T 801 VAN NESS 1968 Spiral Parking Garage
Rare and unique parking structure
featuring spiral ramps.
Representative example of the
work of noted local architects
Walter Wagner & Assoc.
5S3; 3CS
46825208T 830 VAN NESS 1960 c.
Robert N. Klein and
Associates (ESK Land
Company)
Good example of a mid‐Century
Modern commercial building.
Representative work of noted local
architect Robert W. Stevens.
5S3; 3CS;
3S
128
REPORT
City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
INDIVIDUALLY ELIGIBLE PROPERTIES
PARCEL ADDRESS EVALUATION
DATE
HISTORIC NAME or
OTHER IDENTIFIER SIGNIFICANCE STATUS
CODE
46825210 862 VAN NESS 1931 L.C. Wesley Super
Garage
Good example of Art Deco
architecture in Fresno. Rare intact
early 20th Century automobile
service and parking building.
5S3; 3CS;
3S
46825405 915 VAN NESS 1935 c. El Paso Mexican
Restaurant
Good example of an early 20th
store building in Fresno.
5S3; 3CS
46825403 933 VAN NESS 1962 Fink & Skopp
Furnishings
Good example of mid‐Century
Modern commercial architecture.
Representative example of the
work of noted local architect
Robert W. Stevens.
5S3; 3CS
46616001T 1100 VAN NESS 1965 Fresno County
Courthouse
Good example of Mid‐Century
Modern architecture.
5S3; 5D3;
3CB; 3B
46615210 1206 VAN NESS 1966 Wells Fargo
Good example of a Mid‐Century
Modern commercial building.
Representative work of noted local
architect William Hastrup.
5S3; 3CS
46615421 1221 VAN NESS 1966 Bank of the West
Good example of a Mid‐Century
Modern commercial building.
Work of the office of noted
architect Welton Beckett.
5S3; 3CS
46822520 2222 VENTURA 1958 Haron's sign Good example of mid‐20th
Century commercial sign. 5S3; 3CS
129
REPORT
City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
APPENDIX B: CIVIC CENTER HISTORIC DISTRICT
POTENTIAL CIVIC CENTER HISTORIC DISTRICT
PARCEL ADDRESS EVALUATION
DATE HISTORIC NAME or OTHER IDENTIFIER
CONTRIBUTING BUILDINGS
46616001T 2200 Fresno St. 1969 Fresno Sheriff Office
46612101T 2326 Fresno 1941 Fresno City Hall
46612203 2314 Mariposa 1950 Fresno County Office of Education
46612101T 2323 Mariposa 1960 Fresno Police Headquarters
46612201T 2348 Mariposa 1936 Old Fresno Unified School District Office
46609401T 2420 Mariposa 1959 Fresno County Free Library
46609201T 2550 Mariposa 1959 Hugh M. Burns State Building
46609114T 1130 O Street 1966 B.F. Sisk Federal Building
46608401T 1235 O Street 1935 Fresno Memorial Auditorium
46616001T 2281 Tulare 1935 Fresno County Hall of Records
46612202T 2309 Tulare 1939 U.S. Post Office (Main)
46616001T 1100 Van Ness 1966 Fresno County Courthouse
CONTRIBUTING LANDSCAPE AND CIRCULATION ELEMENTS
Courthouse Square
Mariposa Mall
130
REPORT
City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
APPENDIX C: FULTON STREET HISTORIC DISTRICT ANALYSIS
FULTON STREET DISTRICT ANALYSIS
PARCEL ADDRESS EVALUATION
DATE
HISTORIC NAME or OTHER
IDENTIFIER
CONTRIBUTING
STATUS
46828219 845 Fulton Mall 1969 Kinneys Shoes C
46825515T 860 Fulton Mall 1965 c. parking w/retail C
46828221T 887 Fulton Mall 1961 Berkeley's Apparel C
46825407 900 Fulton Mall 1963 Woolworth's C
46828105 901 Fulton Mall 1961 Walter Smith Store C
46825408 926 Fulton Mall 1965 National Dollar Stores C
46621306 1017 Fulton Mall 1966 Sams Luggage C
46621302 1045 Fulton Mall 1969 Rodder's C
46617112 1118 Fulton Mall 1924 Kress Building C
46617114 1136 Fulton Mall 1958 Newberry's C
46621112 1255 Fulton Mall 1940 Bank of America C
46627002 1044 Fulton Mall 1918 Mason Building C
46617212 1060 Fulton Mall 1923 Pacific Southwest
Building C
46621204 1101 Fulton Mall 1914 Helm Building C
46621201 1177 Fulton Mall 1921 Mattei Building C
46621103T 1221 Fulton Mall 1928 Brix Building C
46621105 1199 Fulton Mall 1950 Cover Girl; Proctor's
Jewelers C
46825507 802 Fulton Mall 1913/1948/
1968 Gottschalks C
46828101 959 Fulton Mall 1924
Radin‐Kamp
Department Store; J.C.
Penny's
C
46621307 1001 Fulton Mall 1917 Bank of Italy C
46825410 2014 Tulare St. 1922 T.W. Patterson Building C
46828205 829 Fulton Mall 1945 El Caballero NC
46828222T 835 Fulton Mall 1965 c. store NC
131
REPORT
City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
FULTON STREET DISTRICT ANALYSIS
PARCEL ADDRESS EVALUATION
DATE
HISTORIC NAME or OTHER
IDENTIFIER
CONTRIBUTING
STATUS
46828104 917 Fulton Mall 1940 El Patron / Beauty
Town NC
46828103 927 Fulton Mall 1969 Hermanos NC
46825409 930 Fulton Mall 1940 Galeria Mexico NC
46828102 931 Fulton Mall 1922 China Express / El
Bronco NC
46617207 1000 Fulton Mall 1917 Patterson Block NC
46617208 1010‐24 Fulton
Mall 1917 Patterson Block NC
46621305 1025 Fulton Mall 1965 Edmonds Jewelers and
Silversmiths NC
46621304 1029 Fulton Mall 1957 Leslie's / Botanica NC
46617215 1030 Fulton Mall 1967 Optometrist / Priscilla NC
46621303 1035 Fulton Mall 1950 Gensler Lee / Gallen
Kamp's NC
46617111 1108 Fulton Mall 1970 Payless Shoe Source NC
46621203 1127 Fulton Mall 1948 Office NC
46617113 1130 Fulton Mall 1946 B‐Maxx NC
46621216 1141 Fulton Mall 1945 Auto Insurance NC
46626001 1150 Fulton Mall 1981 Valley Dental NC
46621217 1155 Fulton Mall 1965 c Store NC
46615411 1212 Fulton Mall 1970 Roos‐Atkins NC
46621104T 1215 Fulton Mall 1972 County of Fresno
Department of Health NC
46615412 1226 Fulton Mall 1965 c. Best Nails, Mayo,
Fulton Kabab NC
46621120 1243 Fulton Mall
1925 c. /
new façade
1957
Neil‐White & Co. Shoes NC
46615413 1246 Fulton Mall 1970
Court Appointed
Special Associates for
Children
NC
46615414 1260 Fulton Mall 1975 Marderosian, Runyon,
Cercone, & Lehman NC
46620656T 1331 Fulton Mall 1990 c.
Housing Authority of
the City and County of
Fresno
NC
132
REPORT
City of Fresno
Historic Resources Survey
HISTORIC RESOURCES GROUP
APPENDIX D: CALIFORNIA OFFICE OF HISTORIC PRESERVATION HISTORICAL RESOURCE STATUS CODES
Fresno Municipal Code Findings
Section 12-1617(h) No application or proposal hall be approved or approved with modifications
unless the Commission makes the following findings:
(1) The proposed work is found to be consistent with the purposes of this article and the
Secretary of the Interior's Standards, not detrimental to the special historical, architectural, or
aesthetic interest or value of the Historic Resource; or
(2) The action proposed is necessary to correct an unsafe or dangerous condition on the
property; or
(3) Denial of the application will result in unreasonable economic hardship to the owner. In
order to approve the application, the Commission must find facts and circumstances, not of
the applicant's own making, which establish that there are no feasible measures that can be
taken that will enable the property owner to make a reasonable economic beneficial use of
the property or derive a reasonable economic return from the property in its current form; or
(4) The site is required for a public use which will directly benefit the public health, safety and
welfare and will be of more benefit to the public than the Historic Resource.
(5) For applications for relocation of an Historic Resource, the Commission shall find that one
or more of the above conditions exist, that relocation will not destroy the historical,
architectural, or aesthetic value of the Resource and that the relocation is part of a definitive
series of actions which will assure the preservation of the Resource.
The Secretary of the Interior's Standards for Rehabilitation
The Standards (Department of Interior regulations, 36 CFR 67) pertain to historic buildings of all
materials, construction types, sizes, and occupancy and encompass the exterior and the interior, related
landscape features and the building's site and environment as well as attached, adjacent, or related new
construction. The Standards are to be applied to specific rehabilitation projects in a reasonable manner,
taking into consideration economic and technical feasibility.
1. A property shall be used for its historic purpose or be placed in a new use that requires minimal
change to the defining characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and preserved. The removal of historic materials
or alteration of features and spaces that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create
a false sense of historical development, such as adding conjectural features or architectural elements
from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance in their own
right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that
characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the old in
design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing
features shall be substantiated by documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall
not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest
means possible.
8. Significant archeological resources affected by a project shall be protected and preserved. If such
resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic materials
that characterize the property. The new work shall be differentiated from the old and shall be
compatible with the massing, size, scale, and architectural features to protect the historic integrity of
the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner that if
removed in the future, the essential form and integrity of the historic property and its environment
would be unimpaired.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-550 Agenda Date:4/20/2023 Agenda #:
REPORT TO THE CITY COUNCIL
SUBJECT
Appearance by Gary Christy to discuss off-site sidewalk, landscaping and ADA ramp requirements
from Public Works. (District 1 Resident)
City of Fresno Printed on 4/14/2023Page 1 of 1
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04-20-2023
REMOVED - NO RETURN DATE
1
Briana Parra
From:Gary Christy <gchristy@totallease.com>
Sent:Monday, March 27, 2023 10:30 AM
To:Clerk Agendas
Subject:Request to Speak Before the Fresno City Council
Follow Up Flag:Follow up
Flag Status:Flagged
External Email: Use caution with links and attachments
Name: Gary Christy
Address 4235 N Delno
Fresno, California 93705
District District 1
Phone (559) 281‐1904
Email gchristy@totallease.com
Date You Wish to Speak Before the City
Council
April 11, 2023
Topic/Subject 4235 N Delno off‐site sidewalk, landscaping & ADA ramp requirements from
Public Works.
IP Address 99.196.180.184
User‐Agent (Browser/OS) Google Chrome 111.0.0.0 / Windows
Referrer https://www.fresno.gov/cityclerk/boards‐commissions/request‐to‐speak‐
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-615 Agenda Date:4/20/2023 Agenda #:
REPORT TO THE CITY COUNCIL
SUBJECT
Appearance by Mary Padilla to discuss who do we represent. (District 2 Resident)
City of Fresno Printed on 4/14/2023Page 1 of 1
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04-20-2023
DID NOT APPEAR
From:Mary Padilla
To:Clerk Agendas
Subject:Request to Speak Before the Fresno City Council
Date:Friday, April 7, 2023 1:25:35 PM
External Email: Use caution with links and attachments
Name:Mary Padilla
Address
District District 2
Phone
Email
Date You Wish to Speak Before the
City Council
April 20, 2023
Topic/Subject Who do we represent?
IP Address 198.200.238.254
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Referrer https://www.fresno.gov/cityclerk/boards-
commissions/request-to-speak-council/
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-271 Agenda Date:4/20/2023 Agenda #:
3.-A.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning
SUBJECT
Approval of revised Route 99 Freeway Agreement with State of California Department of
Transportation (Caltrans) (Council Districts 1, 2, and 3)
RECOMMENDATION
Staff recommends that the City Council approve the revised Freeway 99 Agreement and authorize
the Public Works Director to execute the agreement.
EXECUTIVE SUMMARY
Caltrans has secured funding to rehabilitate and improve State Route 99 from El Dorado Street to
Clinton Avenue. The project will reconstruct the freeway pavement and several bridges, but will also
improve freeway operations by adding auxiliary lanes. The project includes re-construction of the
freeway interchange at Olive Avenue, removal of the existing entrance and exit ramps at Belmont
Avenue and at McKinley Avenue, and removal of the Teilman Avenue overcrossing. These
modifications necessitate the execution of a revised Freeway Agreement between the City and
Caltrans.
BACKGROUND
The State Route 99 Rehabilitation project will replace much of the existing asphalt and concrete
travel lanes from El Dorado Street to Clinton Avenue on the north. The project includes replacing
several existing bridges and building retaining walls to provide space for a future additional lane in
each direction. A new interchange will be constructed at Olive Avenue with roundabouts on each side
of the freeway to connect to the entrance and exit ramps. The existing southbound entrance ramp
and northbound exit ramp at McKinley Avenue will be removed. The entrance and exit ramps at
Belmont Avenue will also be removed and not replaced. The Teilman Avenue overcrossing will be
removed. New cul-de-sacs will be constructed on each side of the freeway where Teilman will end.
The limits of the revised Agreement extend on the north to the Madera County line. This allows the
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File #:ID 23-271 Agenda Date:4/20/2023 Agenda #:
3.-A.
agreement to also include the new Veterans Boulevard Interchange.
The revised agreement supersedes Freeway Agreements dated June 6,2013,and October 3,2013.
Those agreements are included as reference material.Caltrans will be acquiring additional right-of-
way at several locations to widen the freeway and to widen the existing overcrossings.Additional
right-of-way will also be needed at Olive Avenue for the improved interchange.The agreement
obligates the City to accept any right-of-way that is purchased for local roads and is not needed for
the freeway expansion.A separate operations and maintenance agreement for the bridges and the
expanded Olive Avenue interchange will be scheduled for City Council consideration in the next few
months.
PUBLIC OUTREACH
Caltrans has conducted two public meetings to obtain feedback on the project.The first meeting was
held on October 10,2019,at the Verdi Club near the project site.A second meeting was conducted
on October 19,2022,to present the Draft Environmental Document.That meeting was held at
Addams Elementary School on McKinley Avenue.Several homeowners and business owners from
the surrounding area attended the meetings.Two separate meetings were held with Producers Dairy
and La Tapatia Tortilleria to discuss truck routes and operations during and after construction.
TRUCK ROUTES
Belmont Avenue is an important Truck Route for industrial businesses in the Palm /Belmont area and
also truck operations west of State Route 99 along the Belmont corridor.The removal of the Belmont
Avenue entrance and exit ramps from State Route 99 will require trucks that want freeway access to
use a different route.Caltrans is recommending that H Street between Divisadero and Fresno Street
be designated as a truck route,as the preferred alternative to minimize impacts to adjacent
neighborhoods.Fresno Street is already a truck route between G Street and Route 99.Caltrans’
recommendation includes extending the truck route on Fresno Street to H Street.Fresno Street is
currently grade separated with Fresno Street,so the proposed route for trucks to reach SR 99 will not
be feasible until the California High Speed Rail Authority completes the planned modifications to the
Fresno Street underpass to make H Street a standard at-grade intersection.Trucks can continue to
use the Belmont ramps until they are closed by Caltrans.The Fresno Street Underpass work that is
to be performed by High Speed Rail is scheduled to occur before the Belmont ramps are closed.
When the Belmont ramps are closed,the current Truck Route Map will need to be amended and
approved by the City Council.The City is also underway with a truck re-routing study in partnership
with the San Joaquin Valley Air Pollution Control District and the AB 617 Community Steering
Committee.The closure of the Belmont Avenue ramps will be considered in the overall truck route
discussions with the community.
ENVIRONMENTAL FINDINGS
The Environmental Impact Report (EIR)and the NEPA Environmental Assessment with findings of
No Significant Impact for the Route 99,El Dorado to Clinton Rehabilitation project is scheduled to be
approved by Caltrans before this report is presented to City Council.
LOCAL PREFERENCE
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File #:ID 23-271 Agenda Date:4/20/2023 Agenda #:
3.-A.
Not Applicable
FISCAL IMPACT
The City is not contributing funds to the State Route 99,El Dorado to Clinton Rehabilitation project.
The project is not anticipated to increase the City’s costs to maintain the local streets or
overcrossings.
Attachments:State Route 99 Project Overview and Presentation Slides
Draft Freeway Agreement with Exhibits
Current Freeway Agreement (dated June 6, 2013)
Previous Freeway Agreement (dated October 3, 2013)
City of Fresno Designated Truck Routes
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FRESNO CITY COUNCIL
APRIL 20, 2023
STATE ROUTE 99
(EL DORADO TO CLINTON AVE)
FRESNO 99
EL DORADO TO CLINTON
PAVEMENT REHABILITATION
PROJECT
Clinton
99
El Dorado
1.PURPOSE OF THE PROJECT
2.PROJECT DESCRIPTION
3.OLIVE INTERCHANGE ENHANCEMENT
4.WHY CLOSE BELMONT & MCKINLEY RAMPS?
5.TRUCK ROUTES
6.PROJECT SEQUENCING
7.ROEDING PARK SOUND WALL
8.PROJECT BENEFITS
PURPOSE OF THE PROJECT
Restore State Route (SR) 99 to state of good repair
with long-lasting pavement
Minimize Maintenance/Construction staff exposure to traffic
Minimize future repair expenditures
Bring roadway features up to Caltrans standards
Consistency with future SR 99 corridor plans
Construct project with minimal impact to traveling public
PROJECT DESCRIPTION
Replace 3.2 Miles Of SR 99 Pavement with long-lasting concrete pavement
Configure SR 99 for future 8 Lanes + Auxiliary Lane(s)
Replace 4 Overcrossing Bridges (El Dorado, RR, Belmont, Olive)
Widen 3 Undercrossing Bridges (Nielsen, McKinley)
Remove Overcrossing Bridge (Teilman/Pacific)
Remove Belmont And McKinley Ramps
Olive Avenue Interchange Enhancement
Total Cost ~$400 million
Construction ~4 ½ years (late-2024 to early-2029)
OLIVE ROUNDABOUT ENHANCEMENT
N
WHY CLOSE BELMONT/MCKINLEY RAMPS?
Belmont ramps are too close to the SR 180 & Olive Interchanges, and the
McKinley ramps are too close to the Olive & Clinton Interchanges (1 mile std.)
Short distance causes:
Less time and space to enter and exit SR 99
Traffic to slow down and back up on SR 99 and SR 180
More accidents which can create delays
Heavy traffic congestion during commute hours
WHY CLOSE BELMONT/MCKINLEY RAMPS?
(Continued)
No practical alternative to keep the ramps open:
“Braided” ramps ineffective and excessive costs
Closures create acceptable traffic flows:
Allows for auxiliary lanes to be added between SR 99/ SR 180
& Olive and between Olive & Clinton in both directions
TRUCK ROUTE IMPACTS –99 SOUTH
Caltrans Traffic Study 2023
Focused on Belmont area
H St. via Fresno St. #1 Option
High Speed Rail heavy impacts
with 3 new overcrossings and
Divisadero closure
Minor truck increases due to
Belmont closures on H St.
0.85 miles of H St. would need
to be converted to truck route
TRUCK ROUTE IMPACTS –99 NORTH
Caltrans Traffic Study 2023
Focused on Belmont area
Weber via Clinton #1 Option
High Speed Rail heavy impacts
with 3 new overcrossings and
clear path from Belmont to Clinton
Weber already a truck route
May be most attractive path to
and from 99 even before Belmont
closure
STAGE 1 –OLIVE & EL DORADO BRIDGES
Fall 2024 throughout 2025
Olive Roundabouts, Local Streets (Parkway Drive, Hughes)
Signalization @ Belmont/Parkway and Olive/Hughes intersections
Olive and El Dorado Temporary POC’s –closed for traffic ~8 months
Widen Nielsen Bridge, Retaining walls
STAGE 2 –BELMONT AND RAILROAD BRIDGES
Most of 2026
Close Belmont and McKinley ramps permanently ~February 2026
Belmont Temporary POC -Belmont closed for traffic ~8 months
Widen McKinley Bridge
Remove Teilman/Pacific bridge –cul-de-sacs on both sides
Center of Project Limits
STAGE 3 –99 OUTSIDE LANES
Early-2027 to Late-2027
Maintain 3 lanes of traffic in each direction
Outside pavement will allow for future 8 lanes + auxiliary lanes
STAGE 4 –99 INSIDE LANES
Late-2027 throughout 2028
NB Lanes
SB Lanes
ROEDING PARK SOUND WALL
Decorative wall
w/pilasters
PROJECT BENEFITS
Worker safety -Minimal post-project repairs on SR 99
Standard SR 99 features –Interchange spacing, shoulder widths, truck
clearances on bridges, traffic mgmt. devices, barriers, etc…
New and improved pedestrian features
More attractive SR 99 –Wall and bridge beautification, Landscape
Safer interchanges for vehicles and pedestrians
Less SR 99 congestion = less Green House Gas emissions
06 - FRE - 99 – PM 21.5/31.6
In the City of Fresno
on Route 99 from El Dorado Street
to the Fresno-Madera County Line
1
FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this day of , 20
by and between the STATE OF CALIFORNIA acting by and through the Department of
Transportation (herein referred to as “STATE”), and the City of Fresno (herein referred to
as “CITY”),
WITNESSETH:
WHEREAS, the highway described above has been declared to be a freeway by
Resolution of the California Highway Commission on July 20, 1944; May 19, 1949; and
August 21, 1956; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated June 6,
2013, relating to that portion of State Highway Route 99 from El Dorado Street to 0.9 miles
south of Herndon Avenue; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated October 3,
2013, relating to that portion of State Highway Route 99 from 0.3 mile north of West Shaw
Avenue to 0.9 mile south of Herndon Avenue; and
WHEREAS, a revised plan map for such freeway has been prepared showing the
proposed plan of the STATE as it affects streets of the CITY; and
WHEREAS, it is the mutual desire of the parties hereto to enter into a new freeway
agreement in accordance with the revised plan of said freeway;
NOW, THEREFORE, IT IS AGREED:
1. This Agreement supersedes in its entirety said Freeway Agreements dated June 6,
2013.
2. This Agreement supersedes in its entirety said Freeway Agreements dated October
3, 2013.
3. CITY agrees and consents to the closing of CITY streets, relocation of CITY
streets, construction of frontage roads and other local roads, and other construction
affecting CITY streets, all as shown on the plan map attached hereto marked Exhibit A and
made a part hereof by this reference.
4. The obligations of STATE and CITY with respect to the funding and construction
of the freeway project will always be dealt with in separate Cooperative Agreement(s)
between the parties dated, and any amendments thereto, or Encroachment Permits issued
to CITY. The parties responsible for shall make any changes affecting CITY streets only
in accordance with the plan map attached hereto, marked Exhibit A.
06 - FRE - 99 – PM 21.5/31.6
In the City of Fresno
on Route 99 from El Dorado Street
to the Fresno-Madera County Line
2
5. The obligations of STATE and CITY with respect to the acquisition of rights of
way required for the construction, reconstruction, or alteration of the freeway and CITY
streets, frontage roads, and other local roads will always be dealt with in separate
Cooperative Agreement(s) between the parties dated, and any amendments thereto, or
Encroachment Permits issued to CITY.
6. It is understood between the parties that the rights of way may be acquired in
sections or units, and that both as to the acquisition of right of way and the construction of
the freeway projects, the obligations of STATE hereunder shall be carried out at such time
and for such unit or units of the projects as funds are budgeted and made lawfully available
for such expenditures.
7. CITY will accept control and maintenance over each of the relocated or
reconstructed CITY streets, and the frontage roads, and other STATE constructed local
roads on receipt of written notice to C ITY from STATE that the work thereon has been
completed, except for any portion which is adopted by STATE as a part of the freeway
proper. CITY will accept title to the portions of such roads lying outside the freeway limits
upon relinquishment by STATE.
8. This Agreement may be modified at any time by the mutual consent of the parties
hereto, as may become necessary for the best accomplishment, through STATE and CITY
cooperation, of the whole freeway project for the benefit of the people of the STATE and
of the CITY.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation
TONY TAVARES
Director of Transportation THE CITY OF FRESNO
By By
DIANA GOMEZ SCOTT MOZIER
District 6 Director Public Works Director
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney (State) Attorney (City)
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ROUTE 99 PM 21.5
LIMIT OF AGREEMENT
Union Pacific Railroad (UPRR)MATCH SHEET 2 OF 2ROUTE 180D R Y C R EEK C ANA
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CITY OF FRESNO
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99ROUTE 99W B ELM O N T A ve
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A veW O LIVE A veW B ELM O N T A veW N IELSEN A ve
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SOUTHBOUND ONRAMP
PARTIAL INTERCHANGE
LEGEND
ROAD TO BE CONSTRUCTED,
RECONSTRUCTED, OR RELOCATED
INTERCHANGE
RAILROAD SEPARATION
ROAD CLOSURE AND TERMINUS
CONSTRUCTION AS NECESSARY
FREEWAY AND CONNECTIONS
SEPARATION
BRIDGE TO BE REMOVED
SCALE IN FEET
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IN FRESNO COUNTY PM 21.5/31.6
TO THE FRESNO-MADERA COUNTY LINE
FROM EL DORADO STREET
ON ROUTE 99
IN THE CITY OF FRESNO
FREEWAY
06-Fre-99 PM 21.5/31.6
DEPARTMENT OF TRANSPORTATION
STATE OF CALIFORNIA
SHEET 1 OF 2
EXHIBIT A
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FRESNO CITY LIMIT
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IN THE CITY OF FRESNO
FREEWAY
06-Fre-99 PM 21.5/31.6
DEPARTMENT OF TRANSPORTATION
STATE OF CALIFORNIA
IN FRESNO COUNTY PM 21.5/31.6
EXHIBIT A
SHEET 2 OF 2
TO THE FRESNO-MADERA COUNTY LINE
FROM EL DORADO STREET
ON ROUTE 99
IN THE CITY OF FRESNO
FREEWAY
06-Fre-99 PM 21.5/31.6
DEPARTMENT OF TRANSPORTATION
STATE OF CALIFORNIA
IN FRESNO COUNTY PM 21.5/31.6
SCALE IN FEET
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BlackstoneTemperanceFowlerClovisPeachChestnutFirstCedarDeWolfPalmWestBrawleyCorneliaHayesGrantlandChateau FresnoMarksDeWolfTemperanceFowlerClovisPeachChestnutCedarEastElmWalnutWestMarksBrawleyCorneliaHayesGrantlandGarfieldBryanPolkBlytheValentineHughesFruitCherryOrangeMapleWillowMinnewawaSunnysideArmstrongLocanLocanArmstrongSunnysideMinnewawaWillowMapleMillbrookFresnoMaroaFruitVan NessValentineBlythePolkBryanGarfieldBullard
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LEGEND
TRUCK ROUTE
FREEWAY
COUNTY PERMIT ROUTE
EXISTING TRUCK ROUTE
FUTURE FREEWAY
MAJOR STREETS
FUTURE PLANNED TRUCK ROUTE
CITY LIMITSNot to Scale
CITY OF FRESNO
Designated Truck RoutesDesignated Truck Routes
Note: Commercial vehicles exceeding twelve thousand (12,000) pounds maximum gross
weight are restricted to designated truck routes. Certain exceptions may be permitted
pursuant to California Vehicle Code sec. 35701 and Fresno Municipal Code Section
10-1303. Call 559-621-8683 or 559-621-8800 for additional information.
Effective September 25, 2005
®
012340.5
Miles
City of Fresno
Waste Water
Treatment Plant
Clovis City Limits
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CITY_TRUCK_ROUTES
FREEWAY
EXISTING TRUCK ROUTE
MAJOR STREET
FUTURE PLANNED TRUCK ROUTE
PUBLIC WORKS PUBLIC WORKS
TRAFFIC ENGINEERINGTRAFFIC ENGINEERING
DOWNTOWN FRESNO TRUCK ROUTESDOWNTOWN FRESNO TRUCK ROUTES
Designated Truck Routes
Note: Commercial vehicles exceeding twelve thousand (12,000) pounds maximum gross
weight are restricted to designated truck routes. Certain exceptions may be permitted
pursuant to California Vehicle Code Sec. 35701 and Fresno Municipal Code Section
10-1303. Call 559-621-8683 or 559-621-8800 for additional information.
Effective September 25, 2005
FRESNO CITY COUNCIL
APRIL 20, 2023
STATE ROUTE 99
(EL DORADO TO CLINTON AVE)
FRESNO 99
EL DORADO TO CLINTON
PAVEMENT REHABILITATION
PROJECT
Clinton
99
El Dorado
1. PURPOSE OF THE PROJECT
2. PROJECT DESCRIPTION
3. OLIVE INTERCHANGE ENHANCEMENT
4. WHY CLOSE BELMONT & MCKINLEY RAMPS?
5. TRUCK ROUTES
6. PROJECT SEQUENCING
7. ROEDING PARK SOUND WALL
8. PROJECT BENEFITS
PURPOSE OF THE PROJECT
Restore State Route (SR) 99 to state of good repair
with long-lasting pavement
Minimize Maintenance/Construction staff exposure to traffic
Minimize future repair expenditures
Bring roadway features up to Caltrans standards
Consistency with future SR 99 corridor plans
Construct project with minimal impact to traveling public
PROJECT DESCRIPTION
Replace 3.2 Miles Of SR 99 Pavement with long-lasting concrete pavement
Configure SR 99 for future 8 Lanes + Auxiliary Lane(s)
Replace 4 Overcrossing Bridges (El Dorado, RR, Belmont, Olive)
Widen 3 Undercrossing Bridges (Nielsen, McKinley)
Remove Overcrossing Bridge (Teilman/Pacific)
Remove Belmont And McKinley Ramps
Olive Avenue Interchange Enhancement
Total Cost ~$400 million
Construction ~4 ½ years (late-2024 to early-2029)
OLIVE ROUNDABOUT ENHANCEMENT
N
WHY CLOSE BELMONT/MCKINLEY RAMPS?
Belmont ramps are too close to the SR 180 & Olive Interchanges, and the
McKinley ramps are too close to the Olive & Clinton Interchanges (1 mile std.)
Short distance causes:
Less time and space to enter and exit SR 99
Traffic to slow down and back up on SR 99 and SR 180
More accidents which can create delays
Heavy traffic congestion during commute hours
WHY CLOSE BELMONT/MCKINLEY RAMPS?
(Continued)
No practical alternative to keep the ramps open:
“Braided” ramps ineffective and excessive costs
Closures create acceptable traffic flows:
Allows for auxiliary lanes to be added between SR 99/ SR 180
& Olive and between Olive & Clinton in both directions
TRUCK ROUTE IMPACTS – 99 SOUTH
Caltrans Traffic Study 2023
Focused on Belmont area
H St. via Fresno St. #1 Option
High Speed Rail heavy impacts
with 3 new overcrossings and
Divisadero closure
Minor truck increases due to
Belmont closures on H St.
0.85 miles of H St. would need
to be converted to truck route
TRUCK ROUTE IMPACTS – 99 NORTH
Caltrans Traffic Study 2023
Focused on Belmont area
Weber via Clinton #1 Option
High Speed Rail heavy impacts
with 3 new overcrossings and
clear path from Belmont to Clinton
Weber already a truck route
May be most attractive path to
and from 99 even before Belmont
closure
STAGE 1 – OLIVE & EL DORADO BRIDGES
Fall 2024 throughout 2025
Olive Roundabouts, Local Streets (Parkway Drive, Hughes)
Signalization @ Belmont/Parkway and Olive/Hughes intersections
Olive and El Dorado Temporary POC’s – closed for traffic ~8 months
Widen Nielsen Bridge, Retaining walls
STAGE 2 – BELMONT AND RAILROAD BRIDGES
Most of 2026
Close Belmont and McKinley ramps permanently ~February 2026
Belmont Temporary POC - Belmont closed for traffic ~8 months
Widen McKinley Bridge
Remove Teilman/Pacific bridge – cul-de-sacs on both sides
Center of Project Limits
STAGE 3 – 99 OUTSIDE LANES
Early-2027 to Late-2027
Maintain 3 lanes of traffic in each direction
Outside pavement will allow for future 8 lanes + auxiliary lanes
STAGE 4 – 99 INSIDE LANES
Late-2027 throughout 2028
NB Lanes
SB Lanes
ROEDING PARK SOUND WALL
Decorative wall
w/pilasters
PROJECT BENEFITS
Worker safety - Minimal post-project repairs on SR 99
Standard SR 99 features – Interchange spacing, shoulder widths, truck
clearances on bridges, traffic mgmt. devices, barriers, etc…
New and improved pedestrian features
More attractive SR 99 – Wall and bridge beautification, Landscape
Safer interchanges for vehicles and pedestrians
Less SR 99 congestion = less Green House Gas emissions
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-621 Agenda Date:4/20/2023 Agenda #:
4.-A.
REPORT TO THE CITY COUNCIL
FROM:GARRY BREDEFELD, Councilmember
District 6
ANNALISA PEREA, Vice President
District 1
SUBJECT
Bill (For Introduction) - Amending Chapter 9, Article 26 of the Fresno Municipal Code to add Section 9
-2610, “Sideshows, Street Races, and Reckless Driving Exhibitions,” prohibiting the knowing
participation as a driver, passenger, or spectator in sideshows, street races, or reckless driving
exhibitions.
RECOMMENDATION
[If more than one recommendation pluralize]
EXECUTIVE SUMMARY
[Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and
concise so anyone understands action being requested]
BACKGROUND
[Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of
funding; appropriate regulation summary information]
ENVIRONMENTAL FINDINGS
[Include CEQA findings or state N/A]
LOCAL PREFERENCE
[N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why]
FISCAL IMPACT
City of Fresno Printed on 4/26/2023Page 1 of 2
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04-20-2023
MOVED TO APRIL 27, 2023
MK/NE 7-0
File #:ID 23-621 Agenda Date:4/20/2023 Agenda #:
4.-A.
[Funding source, clarify whether General Fund is or is not impacted; appropriation authority already
approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding
from other agencies; future obligations]
Attachment:[If more than one, pluralize]
City of Fresno Printed on 4/26/2023Page 2 of 2
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-619 Agenda Date:4/20/2023 Agenda #:
5.-A.
CLOSED SESSION ITEM
April 20, 2023
SUBJECT
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.:
1:20-CV-01069
City of Fresno Printed on 4/26/2023Page 1 of 1
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04-20-2023
DISCUSSED
NO REPORT
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-620 Agenda Date:4/20/2023 Agenda #:
5.-B.
CLOSED SESSION ITEM
April 20, 2023
SUBJECT
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Government Code Section 54956.9, subdivision (d)(2)
Significant Exposure to Litigation: Central Valley NMTC Fund, LLC., v. City of Fresno.
City of Fresno Printed on 4/26/2023Page 1 of 1
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04-20-2023
DISCUSSED
NO REPORT
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-637 Agenda Date:4/20/2023 Agenda #:
5.-C.
CLOSED SESSION ITEM
SUBJECT
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case
City of Fresno Printed on 4/19/2023Page 1 of 1
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04-20-2023
DISCUSSED
NO REPORT
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-635 Agenda Date:4/20/2023 Agenda #:
5.-D.
CLOSED SESSION ITEM
April 20, 2023
SUBJECT
CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6
City Negotiators: TJ Miller
Employee Organizations:
1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno
City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4.
International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit
Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7.
Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters,
Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association
(CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating
Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating
Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO)
City of Fresno Printed on 4/19/2023Page 1 of 1
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04-20-2023
DISCUSSED
NO REPORT