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Home My WebLink About2023-06-29 Council Agenda PacketThursday, June 29, 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 06/29/2023 NE/AP 7-0 AS AMENDED June 29, 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://fresno-gov.zoom.us/webinar/register/WN_YgHXKCvXQp2H74WnTtjtOA 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 June 29, 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 June 29, 2023City Council Meeting Agenda - Final 9:08 A.M. ROLL CALL Invocation by Pastor Terry Townsend of Peoples Church Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS ID 23-1060 Proclamation for "Brittany Jacob Day." Sponsors:Councilmember Arias ID 23-1018 Fresno Animal Center’s “Pet of the Month” presented by Fresno Humane Animal Services Sponsors:Office of Mayor & City Manager COUNCILMEMBER REPORTS AND COMMENTS MAYOR/MANAGER REPORTS AND COMMENTS CITY CLERK AND CITY ATTORNEY 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 1.-A.ID 23-1033 Approval of minutes for June 15, 2023, Special Meeting and June 22, 2023, Regular Meeting. Sponsors:Office of the City Clerk Page 4 City of Fresno ***Subject to Mayoral Veto June 29, 2023City Council Meeting Agenda - Final 1.-B.ID 23-983 Actions related to the Service Agreement with The Arc Fresno/Madera Counties (ARC): 1.Affirm the City Manager’s determination that ARC is uniquely qualified to provide job coaching, education, and social skills training for adults with developmental and intellectual disabilities. 2.Approve the Service Agreement with ARC for litter abatement services at Fresno Yosemite International Airport (FAT) for a term of five years. Annual costs are $91,173.94, plus a three percent increase in successive years. Total costs during the full five-year term of the agreement are $484,054.85. (Council District 4) Sponsors:Airports Department 1.-C.ID 23-1052 ***RESOLUTION - Adopting the 46th Amendment to the Annual Appropriation Resolution No. 2022-154 to increase appropriations by $400,000 to cover anticipated General Fund expense overages for the Fire Department. (Subject to Mayor’s Veto) Sponsors:Fire Department 1.-D.ID 23-1040 Approve an agreement with Green Dot Corporation to provide an alternative direct deposit option via a prepaid card program in lieu of a paper check, with no cost to the City of Fresno. Sponsors:Finance Department 1.-E.ID 23-1045 Approve a Grant Agreement with Bakman Water Company allocating up to $2,700,000 in American Rescue Plan Act (ARPA) funding for the construction of water infrastructure necessary to meet safety standards and fire suppression requirements for the development of affordable housing at the Fancher Creek Town Center development. Sponsors:Office of Mayor & City Manager and Finance Department Page 5 City of Fresno ***Subject to Mayoral Veto June 29, 2023City Council Meeting Agenda - Final 1.-F.ID 23-1006 Approve the award of a cooperative purchase contract to Haaker Equipment Company Inc. of La Verne, California for the purchase of two Elgin CNG Broom Bear street sweepers in the amount of $1,158,438 for Public Works Street Maintenance Division Sponsors:General Services Department 1.-G.ID 23-1046 Actions pertaining to temporary water service for fire suppression within Fancher Creek Town Center: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2. Approve a Temporary Water Service Agreement with Bakman Water Company Sponsors:Office of Mayor & City Manager and Department of Public Utilities 1.-H.ID 23-988 Approve the third amendment to the animal control services agreement between the City of Fresno and Fresno Humane Animal Services in the amount not to exceed $2,321,500 for a five-month term beginning July 1, 2023 to November 30, 2023. Sponsors:Office of Mayor & City Manager 1.-I.ID 23-1056 Approve a consultant agreement with Baker Tilly US, LLP in the amount of $256,443, plus a not-to-exceed contingency amount of $10,000, to provide consulting services on development of an assessment - along with recommendations for options - to improve the services and affordability of electricity in the City of Fresno; authorize the City Manager or designee to execute all related documents. (Citywide) Sponsors:Office of Mayor & City Manager, Public Works Department, Council President Maxwell and Councilmember Bredefeld Page 6 City of Fresno ***Subject to Mayoral Veto June 29, 2023City Council Meeting Agenda - Final 1.-J.ID 23-1053 Actions pertaining to the International Union of Operating Engineers, Stationary Engineers, Local 39 for Unit 1 1. ***Adopt a successor Memorandum of Understanding between the City of Fresno and International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39), Non-Supervisory Blue Collar, Unit 1 (Subject to Mayor’s veto) 2. ***RESOLUTION: Adopt the Fifteenth Amendment to FY 2023 Salary Resolution No. 2022-152, amending Exhibit 1, Non-Supervisory Blue Collar (Local 39), to provide a salary increase for respective classes as required by the Memorandum of Understanding between the City of Fresno and International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39) (Subject to Mayor’s veto) Sponsors:Personnel Services Department 1.-K.ID 23-1004 Actions pertaining to Community Gardens: 1. Award a two-year professional services agreement in an amount not to exceed $40,000 per year to Fresno Metropolitan “Metro” Ministry for Community Garden Liaison services at three City of Fresno community gardens with the option of two, one-year extensions. (Council Districts 3 and 5) 2. Authorize the City Manager or designee to execute all related documents. Sponsors:Parks, After School and Recreation and Community Services Department 1.-L.ID 23-909 Approve agreement with Marjaree Mason Center to operate as a homeless family emergency shelter for a total award amount of $110,167.00. Sponsors:Planning and Development Department Page 7 City of Fresno ***Subject to Mayoral Veto June 29, 2023City Council Meeting Agenda - Final 1.-M.ID 23-286 Actions pertaining to an Amended and Restated Agreement for Option to Purchase 959 N. Parkway Drive (District 3): 1. ***RESOLUTION - Finding good cause and clear and convincing benefit to the public to allow a purchase option on subject property for more than five years without a request for proposal process, allow close of escrow on the subject property to extend beyond 12 months of council approval, and allow the removal of a reverter clause; and finding substantial community benefits to justify a sales price less than fair market value pursuant to Fresno Municipal Code section 4-204 relating to the disposition of real property commonly known as 959 N. Parkway Drive, Fresno, CA (APN 449-324-11) (Requires 5 affirmative votes) (Subject to Mayor’s veto) 2. Approve the Amended and Restated Agreement for Option to Purchase 959 N. Parkway Drive between the City of Fresno and Fresno Housing Authority in the amount of $1,000 Sponsors:Planning and Development Department 1.-N.ID 23-1011 Approve agreement with Mental Health Systems to operate the Fresno HOME as a low-barrier emergency homeless shelter for a total amount of $1,449,183.89. Sponsors:Planning and Development Department 1.-O.ID 23-951 Approve an amendment to the consultant services agreement with Wallace, Roberts, and Todd, LLC., for professional planning and environmental analysis services related to the update of the Tower District Specific Plan in the amount of $170,590. Sponsors:Planning and Development Department 1.-P.ID 23-986 ***RESOLUTION - Adopting the 45th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $132,600 in Emergency Solutions Grant-Coronavirus (ESG-CV) (Subject to Mayor’s Veto) Sponsors:Planning and Development Department Page 8 City of Fresno ***Subject to Mayoral Veto June 29, 2023City Council Meeting Agenda - Final 1.-Q.ID 23-987 Actions pertaining to supplemental Emergency Solutions Grant funding provided by the U.S. Department of Housing and Community Development Office of Community Planning and Development (HUD CPD) to prevent, prepare for, and respond to the Coronavirus: 1.Approve an Amendment to the Emergency Solutions Grant - Coronavirus Agreement with Elevate Community Services to increase the funding by $132,539.21 for a total award of $385,805.42 for emergency shelter within the City of Fresno. 2.Approve the seventh revision of the Emergency Solutions Grant - Coronavirus Activity Allocations to reallocate $132,539.21 to fund emergency shelter operations Sponsors:Planning and Development Department 1.-R.ID 23-1000 BILL - (for Introduction) - Granting a non-exclusive roll-off franchise for roll-off collection within the City of Fresno to Valley Dumpster Service LLC in preparation for a public hearing on the matter and final vote to approve the non-exclusive franchise on August 10, 2023, at 10:00 a.m. (Citywide). Sponsors:Department of Public Utilities 1.-S.ID 23-1002 Actions pertaining to the cleaning of Digester #1 and cleaning and rehabilitation of Digester #12 at the Fresno-Clovis Regional Wastewater Reclamation Facility (Bid File 12302079) (Council District 3): 1.Adopt a finding of Categorical Exemption pursuant to Section 15301(d)/Class 1 of the California Environmental Quality Act (CEQA) Guidelines. 2.Award a construction contract to F .D. Thomas, of Central Point, Oregon, in the amount of $1,200,010. Sponsors:Department of Public Utilities Page 9 City of Fresno ***Subject to Mayoral Veto June 29, 2023City Council Meeting Agenda - Final 1.-T.ID 23-1003 Actions pertaining to Lift Station 15 and 16 Improvements (Bid File 12301689) (Council Districts 2 and 4): 1. Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301(b)(d) (Existing Facilities) of the California Environmental Quality Act Guidelines. 2. Award a construction contract to HPS Mechanical, Inc., in the amount of $698,106. Sponsors:Department of Public Utilities 1.-U.ID 23-915 Actions pertaining to the Downtown Fresno Neighborhood Beautification and Cleanup Project (Council Districts 1, 3, & 7): 1. Affirm the City Manager’s determination that Fresno Arts Council is uniquely qualified 2. Approve the Agreement between City of Fresno and Fresno Arts Council, Inc. of Fresno CA, a uniquely qualified consultant, in the amount of $536,222 for procurement of transportation art on behalf of the City of Fresno. Sponsors:Public Works Department and Department of Public Utilities 1.-V.ID 23-1057 Approve a First Amendment to the professional public information services contract for the Department of Public Utilities with Two Q, Inc. dba JP Marketing to extend the agreement through June 30, 2024, and increase the contract amount by $808,698 to fund continuity of services, for a revised total contract amount of $2,993,673. Sponsors:Department of Public Utilities 1.-W.ID 23-967 Approve the Second Amendment to the Consultant Services Agreement with The Taylor Group Architects in the amount of $132,500, for a total increased contract amount of $1,107,500, with a remaining contingency of $70,000, for professional architectural services for the design of plans and general construction contract documents for the New Fire Station 12 (Council District 1) Sponsors:Public Works Department and Fire Department Page 10 City of Fresno ***Subject to Mayoral Veto June 29, 2023City Council Meeting Agenda - Final 1.-X.ID 23-972 Award a product purchase contract in the amount of $708,732.52 to JAM Services, Inc. of Livermore, California for the streetlight materials required for the Chinatown Project 1 & 6 Streetlights - Bid File No. 12302405 (Council District 3) Sponsors:Public Works Department 1.-Y.ID 23-977 Approve the First Amendment to the Consultant Services Agreement with Provost & Pritchard Engineering Group, Inc., of Fresno, California in the amount of $22,748, for a total increased contract amount of $172,648, with a $10,000 contingency, for professional engineering services and preparation of right-of-way documents for the Blackstone Avenue Smart Mobility Project between McKinley Avenue and Shields Avenue (Council District 7) Sponsors:Public Works Department 1.-Z.ID 23-981 Award a construction contract in the amount of $3,260,116 to Granite Construction Company of Fresno, CA, as the lowest responsive and responsible bidder, for the Downtown Fresno Neighborhood Beautification and Cleanup Project (Bid File No. 12302141) (Council Districts 1, 3, & 7) Sponsors:Public Works Department 1. -AA. ID 23-1042 Actions pertaining to the Operation and Maintenance Cooperative Agreement with California High Speed Rail Authority (Council Districts 1, 2, 3, and 5): 1. Approve the Ownership and Maintenance Cooperative Agreement between the California High-Speed Rail Authority and the City of Fresno to establish a record of final ownership and perpetual maintenance for the California High-Speed Rail System located within the City of Fresno 2. Authorize the Public Works Director or designee to accept the lump sum payment of $5,000,000 for graffiti abatement costs related to the Operations and Maintenance Cooperative Agreement with California High Speed Rail (Subject to Mayor’s Veto) Sponsors:Public Works Department Page 11 City of Fresno ***Subject to Mayoral Veto June 29, 2023City Council Meeting Agenda - Final 1. -BB. ID 23-1055 Approve an increase to the current Fortney Towing Evidence Tow Service Contract, Bid File No. 9515, in an amount not to exceed $501,600 to cover the expenses incurred and projected through FY 2024 and to execute the first one-year extension through September 30, 2024. Sponsors:Police Department 1. -CC. ID 23-1051 ***Resolution - To conduct a traffic assessment to include options for improved safety for the intersection of Van Ness and Clinton Avenues (Subject to Mayor’s Veto) Sponsors:Vice President Perea and Councilmember Esparza CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. #1 ID 23-1032 Appearance by Maria Alvarez Garcia to discuss dog abuse accountability. (Resident of District 2) Sponsors:Office of the City Clerk 10:00 A.M. #2 ID 23-1058 HEARING to adopt Resolutions and Ordinance to Annex territory and Levy a Special Tax regarding City of Fresno Community Facilities District Number 11, Annexation Number 144 (Final Tract Map Number 6276) (located on the northwest 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. 144 (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. 144 (Subject to Mayor’s Veto) Sponsors:Public Works Department 10:05 A.M. #1 Page 12 City of Fresno ***Subject to Mayoral Veto June 29, 2023City Council Meeting Agenda - Final ID 23-1005 HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) 1. ***RESOLUTION - Confirming the diagram and assessment and levy of annual assessment, 2023-2024, for Landscaping and Lighting District No. 1 (Subject to Mayor’s Veto) Sponsors:Public Works Department 10:05 A.M. #2 ID 23-1028 Hearing - To consider the adoption of the Central Southeast Area Specific Plan and related Environmental Assessment, State Clearinghouse (SCH No. 2023020138), and related actions: 1. ADOPT the Subsequent Mitigated Negative Declaration, Environmental Assessment No. P22-00400 dated February 1, 2023 (Exhibit I), prepared pursuant to CEQA Guidelines Section 15162 and 15070 et. Seq. and the Mitigation Monitoring and Reporting Program prepared pursuant to CEQA Guidelines Section 15097. 2. APPROVE Plan Amendment Application P22-00400 which proposes to: a. RESOLUTION - Approving repeal of the Roosevelt Community Plan, pertaining to approximately 15,721 acres (Exhibit N) b. BILL - Approving the repeal of the Butler/Willow Specific Plan, pertaining to approximately 563 acres (Exhibit O) c. RESOLUTION - Approving adoption of the Central Southeast Area Specific Plan and accompanying Planned Land Use Ma (Exhibit P) d. RESOLUTION - Approving adoption of the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan (Exhibit Q) e. BILL - Approving the rezone of approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan (Exhibit R) 3. RESOLUTION - Authorizing the Planning Department Director or her designee to correct any typographical errors and update the text, policies, maps, tables, and exhibits contained in the Central Southeast Area Specific Plan, the Fresno General Plan, and the Development Code to reflect the final action taken by the Council, to the extent that such updates are necessary to Page 13 City of Fresno ***Subject to Mayoral Veto June 29, 2023City Council Meeting Agenda - Final maintain consistency (Exhibit S). Sponsors:Planning and Development Department 10:10 A.M. ID 23-1029 HEARING to Consider Plan Amendment and Rezone Application No. P22-00507, Development Permit Application No. P22-00505, and related Environmental Assessment No. P22-00507/P22-00505 pertaining to ±1.23 acres of property located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues. (Council District 2) - Planning & Development Department. 1. ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. RESOLUTION - Approving Plan Amendment Application No. P22-00507, requesting authorization to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential - Medium Density (±1.23 acres) to Commercial - General (±1.23 acres); and, 3. BILL - (For introduction and adoption) - Approving Rezone Application No. P22-00507, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres) zone district to the CG (Commercial - General) (±1.23 acres) zone district in accordance with the Plan Amendment Application; and, 4. APPROVE - Development Permit Application No. P22-00505, requesting authorization to construct an 11,664-square-foot medical clinic and associated parking, circulation, and infrastructure improvements on the approximately 1.23-acre site, subject to compliance with Conditions of Approval dated March 1, 2023. Sponsors:Planning and Development Department 3. GENERAL ADMINISTRATION 4. CITY COUNCIL 4.-A.ID 23-1059 Resolution - Naming the Fresno Police Department Regional Training Center the “Jerry P. Dyer Regional Police Training Center” Sponsors:Councilmember Bredefeld, Council President Maxwell and Councilmember Karbassi Page 14 City of Fresno ***Subject to Mayoral Veto June 29, 2023City Council Meeting Agenda - Final 5. CLOSED SESSION 5.-A.ID 23-1062 CONFERENCE WITH LEGAL COUNCIL - POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): PW Fund B, LP, et al. v. City of Fresno Sponsors:City Attorney's Office ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS JULY 20, 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. 145 (Final Tract Map No. 6283) (located 36. on the southeast corner of North Fowler Avenue and East Dakota Avenue) (Council District 4) AUGUST 10, 2023 10:10 A.M. - PROPOSED VACATION OF A PORTION OF NORTH HAYES AVENUE, SOUTH OF WEST BULLARD AVENUE 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. • November 15, 2023 (Wednesday) - Employee Service Awards 2023 CITY COUNCIL MEETING SCHEDULE July 20, 2023 - 9:00 A.M. August 10, 2023 - 9:00 A.M. August 24, 2023 - 9:00 A.M. September 14, 2023 - 9:00 A.M. September 28, 2023 - 9:00 A.M. October 5, 2023- 9:00 A.M. October 19, 2023 - 9:00 A.M. November 2, 2023 - 9:00 A.M. Page 15 City of Fresno ***Subject to Mayoral Veto June 29, 2023City Council Meeting Agenda - Final November 16, 2023 - 9:00 A.M. December 7, 2023 - 9:00 A.M. December 14, 2023 - 9:00 A.M. Page 16 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1060 Agenda Date:6/29/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation for "Brittany Jacob Day." City of Fresno Printed on 7/18/2023Page 1 of 1 powered by Legistar™ 6/29/2023 PRESENTED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1018 Agenda Date:6/29/2023 Agenda #: CEREMONIAL PRESENTATION Fresno Animal Center’s “Pet of the Month” presented by Fresno Humane Animal Services City of Fresno Printed on 7/18/2023Page 1 of 1 powered by Legistar™ 6/29/2023 PRESENTED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1033 Agenda Date:6/29/2023 Agenda #: 1.-A. REPORT TO THE CITY COUNCIL FROM:TODD STERMER, City Clerk Office of the City Clerk SUBJECT Approval of minutes for June 15, 2023, Special Meeting and June 22, 2023, Regular Meeting. Attachment: Draft Minutes for June 15, 2023, Special Meeting Draft Minutes for June 22, 2023, Regular Meeting City of Fresno Printed on 7/18/2023Page 1 of 1 powered by Legistar™ 6/29/2023 MA/NE 7-0 APPROVED ON CONSENT City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-983 Agenda Date:6/29/2023 Agenda #: 1.-B. REPORT TO THE CITY COUNCIL FROM:HENRY THOMPSON, Director of Aviation Airports Department BY:MELISSA GARZA-PERRY, Airports Properties Manager Airports Department THROUGH:MARCOS AYALA, Airports Property Specialist II Airports Department SUBJECT Actions related to the Service Agreement with The Arc Fresno/Madera Counties (ARC): 1. Affirm the City Manager’s determination that ARC is uniquely qualified to provide job coaching, education, and social skills training for adults with developmental and intellectual disabilities. 2. Approve the Service Agreement with ARC for litter abatement services at Fresno Yosemite International Airport (FAT) for a term of five years. Annual costs are $91,173.94, plus a three percent increase in successive years. Total costs during the full five-year term of the agreement are $484,054.85. (Council District 4) RECOMMENDATION Staff recommends that the City Council affirm the City Manager’s determination that ARC is uniquely qualified to provide job coaching, education, and social skills training for adults with developmental and intellectual disabilities, and authorize the Director of Aviation to execute a Service Agreement between the City of Fresno and ARC for litter abatement services at FAT in the amount of $484,054.85. EXECUTIVE SUMMARY The Airports Department (Airports) currently has a service agreement with ARC ending on June 30, 2023. ARC provides job coaching, education, and social skills training for adults through its vocational services programs. The litter abatement service performed at FAT is one of the placements available for participants of ARC’s programs. ARC’s trained staff support participants by teaching them assigned tasks and professional behavior when servicing FAT’s parking lots and garage, rental car areas, and street frontages. The goal of this program is to have participants earn their own income and training to be able to work independently in their community in the future. The new five-year Service Agreement will provide continued support for this program while maintaining a clean and presentable airport. City of Fresno Printed on 7/13/2023Page 1 of 2 powered by Legistar™ 6/29/2023 MA/NE 7-0 APPROVED ON CONSENT File #:ID 23-983 Agenda Date:6/29/2023 Agenda #: 1.-B. BACKGROUND Airports has a community outreach program that includes donating books and reading to local schools, hosting Beautify Fresno events, and partnering with ARC to support adults with developmental and intellectual disabilities. ARC, a local non-profit organization, is an integral part of this community outreach program. The organization provides vocational skills, training, and job placement services for adults with intellectual and developmental disabilities such as autism and seizure disorder. Participants in ARC’s services can be placed in various specialties including litter abatement, landscaping, janitorial, and confidential shredding. In 2018, Airports entered into a similar agreement with ARC. This agreement will be coming to the end of its term on June 30, 2023. More than seventeen participants received 33,000 hours of paid work experience under the current agreement. Participants benefit from interacting with coworkers, Airport staff, and the public, allowing for the development of professional skills and behavior. Others have been able to move out on their own, opened their own business, or went to obtain competitive employment. Participants have a sense of accomplishment from the jobs they hold and contribute to a positive work customer experience by keeping the areas around FAT clean and presentable. The City Manager has approved ARC as a Uniquely Qualified Vendor for these services. This Contract is consistent with the previously executed ARC contract, and has been reviewed and approved as to form by the City Attorney’s Office. The City’s Risk Management Division has reviewed and approved insurance and indemnity provisions. ENVIRONMENTAL FINDINGS This is not a “project” pursuant to CEQA Guidelines Section 15378. FISCAL IMPACT Funding for the five-year Contract ($484,054.85) will be made in installments over a five-year period. Total payments for year one will be $91,173.94. Funding for year one is included in the Airports Department FY24 proposed budget. Funding for subsequent years will be budgeted in future fiscal year budgets. There is no impact to the General Fund from this action. Attachments: ARC Service Agreement Uniquely Qualified Approved Memo City of Fresno Printed on 7/13/2023Page 2 of 2 powered by Legistar™ ALL-B GSP Agt Not to Exceed (03-2023) -1- SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT (Agreement) is made and entered into, effective on ______________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and THE ARC FRESNO/MADERA COUNTIES, a California non-profit corporation (Service Provider). RECITALS WHEREAS, City desires to obtain litter abatement services for Fresno Yosemite International Airport (Project); and WHEREAS, Service Provider is engaged in the business of furnishing such services as a vocational training program serving the disabled and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Service Provider acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107; and WHEREAS, this Agreement will be administered for City by its Director of Aviation (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. Service Provider 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. 2.Term of Agreement and Time for Performance . This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through June 30, 2028, subject to any earlier termination in accordance with this Agreement. The services of Service Provider as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3.Compensation. (a)Service Provider’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement and shall not exceed $454,054.85, paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A. Such fee includes all expenses incurred by Service Provider in performance of the services. (b)Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business. City shall not be obligated to reimburse any expense for which it has not July 1, 2023 DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) -2- 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 increas e 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 Service Provider’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. Service Provider 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 City to Service Provider upon the earlier of : (i) Service Provider’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Service Provider; (ii) seven calendar days’ prior written notice with or without cause by City to Service Provider; (iii) 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, Service Provider 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 Service Provider that are owned by City. Subject to the terms of this Agreement, Service Provider shall be paid compensation for services satisfactorily performed prior to the effective date of termination. Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider, 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 City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) -3- (e)Service Provider shall provide City with adequate written assurances of future performance, upon Administrator’s request, in the event Service Provider fails to comply with any terms or conditions of this Agreement . (f)Service Provider shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Service Provider and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Service Provider 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 Service Provider pursuant to this Agreement shall not be made available to any individual or organization by Service Provider without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Service Provider 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. All Confidential Information shall be and remain confidential and proprietary in City. (b)Any and all writings and documents prepared or provided by Service Provider 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. Service Provider shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c)If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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.Level of Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Service Provider represents to City that Service Provider and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Service Provider and its subcontractors, if any, to do and perform such services in a skillful manner and Service Provider agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) -4- of such services by City shall not operate as a release of Service Provider or any subcontractors from said industry and professional standards. 7.Indemnification. To the furthest extent allowed by law, Service Provider 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), 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 Service Provider, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8.Insurance. (a)Throughout the life of this Agreement, Service Provider 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 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 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, Service Provider 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 Service Provider 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 Service Provider 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 DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) -5- commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c)The fact that insurance is obtained by Service Provider shall not be deemed to release or diminish the liability of Service Provider, 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 Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Service Provider, its principals, officers, agents, employees, or persons under the supervision of Service Provider, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d)Upon request of City, Service Provider shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e)If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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 Service Provider and City prior to the commencement of any services by the subcontractor. Service Provider and any subcontractor/sub- consultant shall establish additional insured status for 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 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9.Conflict of Interest and Non-Solicitation. (a)Prior to City’s execution of this Agreement, Service Provider 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, Service Provider shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Service Provider in such statement. (b)Service Provider 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 DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) -6- and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Service Provider shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Service Provider and the respective subcontractor(s) are in full compliance with all laws and regulations. Service Provider 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, Service Provider shall immediately notify City of these facts in writing. (c)In performing the work or services to be provided hereunder, Service Provider 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)Service Provider 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)Service Provider 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 . Notwithstanding any approval given by the City Manager under this provision, Service Provider shall remain responsible for complying with Section 9(a), above. (f)If Service Provider should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Service Provider 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 Service Provider 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, Service Provider at its sole cost and expense shall: (a)Immediately establish and maintain a viable and on going 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. DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) -7- (c) Cooperate with and demonstrate to the satisfaction of 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 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 Service Provider’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law . In addition, all books, documents, papers, and records of Service Provider pertaining to the Project 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 Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by City, Service Provider shall have provided evidence to City that Service Provider is licensed to perform the services called for by this Agreement (or that no license is required). If Service Provider should subcontract all or any portion of the work or services to be performed under this Agreement, Service Provider shall require each subcontractor to provide evidence to 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, Service Provider 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, Service Provider agrees as follows: (a) Service Provider 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 DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) -8- under any program or activity made possible by or resulting from this Agreement. (b) Service Provider 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. Service Provider 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 Service Provider’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. Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) Service Provider will, in all solicitations or advertisements for employees placed by or on behalf of Service Provider 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) Service Provider 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 Service Provider’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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, Service Provider is acting solely as an independent contractor. Neither Service Provider, 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 Service Provider shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Service Provider is performing its obligations in accordance with the terms and conditions thereof. DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) -9- (b) This Agreement does not evidence a partnership or joint venture between Service Provider and City. Service Provider shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Service Provider shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, Service Provider and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. Service Provider 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, Service Provider shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Service Provider’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, Service Provider may be providing services to others unrelated to City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. 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, transfe rees, agents, servants, employees and representatives. 16. Assignment. (a) This Agreement is personal to Service Provider and there shall be no assignment by Service Provider of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Service Provider, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) -10- (b)Service Provider hereby agrees not to assign the payment of any monies due Service Provider 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 Service Provider directly to Service Provider. 17.Compliance With Law. In providing the services required under this Agreement, Service Provider shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18.Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19.Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction . Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20.Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21.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. 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 DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) -11- 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 City and Service Provider. 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.] DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) -12- 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: Henry Thompson, Director of Aviation Airports Department APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy Addresses: City: City of Fresno Attention: Marcos Ayala, Airports Property Specialist II 4995 E. Clinton Way Fresno, CA 93727 Phone: (559) 621-4500 E-mail: FYIProperties@fresno.gov THE ARC FRESNO/MADERA COUNTIES, a California non-profit corporation 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) Service Provider: The Arc Fresno/Madera Counties Attention: Travis Cardwell, Program Manager 5755 E. Fountain Way Fresno, CA 93727 Phone: 559-226-6268 E-mail: Travis.Cardwell@arcfresno.org Attachments: 1.Exhibit A - Scope of Services 2.Exhibit B - Insurance Requirements 3.Exhibit C - Conflict of Interest Disclosure Form DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 Tamica Hill Executive Director 6/14/2023 ALL-B GSP Agt Not to Exceed (03-2023) Page 1 of 1 EXHIBIT A SCOPE OF SERVICES Service Agreement between City of Fresno and The Arc Fresno/Madera Counties Litter Abatement Services Remove litter from six sites at Fresno Yosemite International Airport (FAT): 1. Rental Car Areas 2.Airport Locations: Airport Public Parking Lot, excluding structure, Managers Lot, Shields Avenue north to Dakota Avenue, Dakota Avenue to Aircorp Way, Aircorp Way to Leyte Avenue, Clovis Avenue to McKinley Ave, and Daily Lot southeast of Managers Lot (formerly Long Term 5); 3. Expanded Surface Parking Lots: Employee Parking Lot, Economy Parking Lot, and Cell Phone Waiting Area 4. Dayton Avenue: Frontage road adjacent to the west side of Chestnut Avenue (southwest corner of Chestnut and Dakota avenues). Service areas include planter beds on west side of Dayton Avenue and bare dirt median separating Dayton and Chestnut avenues 5. Airways Boulevard from Leyte to Clovis Avenue, along Airways Golf Course from fence to road) 6. Parking Structure Rates listed below by Fiscal Year. Annual cost of living increase shall be #5 beginning year two of this contact and continue through the contract terms specified. Site 1.Rental Car Areas 2.Airport Locations FY24 Annual Rate $28,098.72 $33,718.72 3.Expanded Surface Parking Lots $10,555.75 4.Dayton Ave $4,954.72 5.Airways Boulevard $5,991.16 6.Parking Structure $3,319.53 $1,428.94 $3,106.40 $91,173.94 Trash Bags Off-site Dumpster Fee Annual Total Site 1.Rental Car Areas 2. Airport Locations FY25 Annual Rate $28,941.68 $34,730.29 DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 Page 2 of 3 Site FY25 Annual Rate 3. Expanded Surface Parking Lots $10,872.42 4.Dayton Avenue $5,103.36 5. Airways Boulevard $6,170.89 6. Parking Structure $3,419.12 $1,471.81 $3,199.60 $93,909.17 Trash Bags Off-site Dumpster Fee Annual Total Site FY26 Annual Rate 1. Rental Car Areas $29,809.93 2. Airport Locations $35,777.19 3. Expanded Surface Parking Lots $11,198.59 4. Dayton Avenue $5,256.46 5. Airways Boulevard $6,356.02 6. Parking Structure $3,521.69 $1,515.97 $3,295.58 $96,726.43 Trash Bags Off-site Dumpster Fee Annual Total Site FY27 Annual Rate 1. Rental Car Areas $30,704.23 2. Airport Locations $36,845.36 3. Expanded Surface Parking Lots $11,534.55 4. Dayton Avenue $5,414.15 5. Airways Boulevard $6,546.70 6. Parking Structure $3,627.34 Trash Bags $1,561.45 Off-site Dumpster Fee $3,394.45 Annual Total $99,628.23 DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 Page 3 of 3 Site FY28 Annual Rate 1. Rental Car Areas $31,625.36 2. Airport Locations $37,950.72 3. Expanded Surface Parking Lots $11,880.59 4. Dayton Avenue $5,576.58 5. Airways Boulevard $6,743.10 6. Parking Structure $3,736.16 Trash Bags $1,608.29 Off-site Dumpster Fee $3,496.28 Annual Total $102,617.08 DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 LEGENDSITE 1 SITE 2 SITE 3 SITE 4 SITE 5 SITE 6DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Service Agreement between City of Fresno (City) and The Arc Fresno/Madera Counties (Service Provider) Litter Abatement Services Agreement MINIMUM SCOPE OF INSURANCE (a)Throughout the life of this Agreement, Service Provider 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. (b)If at any time during the life of the Agreement or any extension, Service Provider or any of its subcontractor 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 Service Provider 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 Service Provider of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c)The fact that insurance is obtained by Service Provider shall not be deemed to release or diminish the liability of Service Provider, 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 Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Service Provider, vendors, suppliers, invitees, consultants, subcontractor or anyone employed directly or indirectly by any of them. 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 DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) Page 2 of 4 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 ISO Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations . The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 3.Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. MINIMUM LIMITS OF INSURANCE Service Provider shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named 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. 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. UMBRELLA OR EXCESS INSURANCE In the event Service Provider 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 DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) Page 3 of 4 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 Service Provider shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and Service Provider shall also be responsible for payment of any self-insured retentions. Any 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 self -insured retentions as respects City, its officers, officials, employees, agents, and volunteers; or (ii)Service Provider 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 (i)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. Service Provider 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, Service Provider 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, Service Provider 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. (ii)The Commercial General and Automobile Liability insurance poli cies shall be written on an occurrence form. (iii)The Commercial General and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees , and volunteers as an additional insured. Service Provider shall establish additional insured status for the City and for all ongoing and completed operations under the Commercial General 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. (iv)The Commercial General and Automobile Liability insurance shall contain, or be endorsed to contain, that the Service Providers’ insurance shall be primary to and require no contribution from the City. The Commercial DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) Page 4 of 4 General policy is required to include primary and non-contributory coverage in favor of the City for both the ongoing and completed operations coverage. These coverages shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents, and volunteers. If Service Provider maintains higher limits of liability than the minimums shown above, City requires and shall be en titled to coverage for the higher limits of liability maintained by Service Provider. (v)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. (vi)For any claims related to this Agreement, Service Provider’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, agents, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, agents, employees, and volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it. (vii)The Commercial General Liability, Automobile Liability and Workers’ Compensation insurance policies shall contain, or be endorsed to contain, a waiver of subrogation as to City, its officers, officials, agents, employees, and volunteers. PROVIDING OF DOCUMENTS - Service Provider 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, Service Provider shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of Service Provider shall also be required to provide all documents noted herein . SUBCONTRACTORS - If Service Provider subcontracts any or all of the services to be performed under this Agreement, Service Provider shall require, at the discretion of the City 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 City Risk Manager or designee. If no Side Agreement is required, Service Provider will be solely responsible for ensuring that its subcontractor maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. DocuSign Envelope ID: 150125CB-FB24-4D77-921F-589C6C7A3063 ALL-B GSP Agt Not to Exceed (03-2023) Page 1 of 1 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Litter Abatement Services Agreement 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: 150125CB-FB24-4D77-921F-589C6C7A3063 6/13/2023 X NA X X The Arc of Fresno/ Madera Counties 4490 E. Ashlan Ave Fresno Ca 93726 X X Tamica Hill X Arc FRESNO YOSEMITE International Airport City of Fresno Airports Department 4995 E Clinton Way, Fresno. California 93727-1525 (559)621-4500 • flyfresno.com DATE: May 23, 2023 TO: GEORGEANNE A. WHITE, City Manager City Manager's Office FROM: HENRY THOMPSON, A.A.E., C.A.E., IAP, Director of Aviation Airports Department SUBJECT: AWARD A UNIQUELY QUALIFIED SERVICE AGREEMENT FOR JOB COACHING, EDUCATION, AND SOCIAL SKILLS FOR ADULTS WITH DEVELOPMENTAL AND INTELLECTUAL DISABILITIES WITH THE ARC FRESNO/MADERA COUNTIES IN THE AMOUNT OF $484,055 AT FRESNO YOSEMITE INTERNATIONAL AIRPORT (FAT) The purpose of this memorandum is to request that the City Manager make a uniquely qualified finding for The ARC Fresno/Madera Counties ("ARC"), as set forth in Adminis trative Order (AO) 6-28 and Fresno Municipal Code Section 4-107(h), so that the Airports Department (Airport) may seek Council award of a litter abatement services agreement to remove litter from property owned and operated by the airport, which will also provide job coaching, education and development of social skills within a real-world setting. ARC is a local nonprofit organization that provides vocational skills, training, and job placement services for adults with intellectual and developmental disabilities through its Vocational Services Division. Job placements are offered in various specialties, including but not limited to litter abatement, landscaping, janitorial services and confidential shred ding services for individuals and businesses. ARC is an integral part of the Airport's community outreach program. In 2018, the Airport entered into a similar agreement with ARC, and it is coming to the end of its term on June 30, 2023. The agreement has provided more than seventeen individuals with 33,000 hours of paid work experience. This experience has resulted in numerous benefits for these participants that include: the development of professional skills through interactions with coworkers, Airport staff and the public; the ability to move out on their own; the op portunity of opening their own businesses; and competitive employment obtained on their own or via a job coach. ARC's litter abatement services are performed Monday through Friday, observing City holidays. Locations served in and around FAT include rental car facilities, associated street frontages around the perimeter fence line, airport parking lots and parking garage. The proposed services agreement is a price-per-location-based contract and includes rates for trash bags and off-site dumpster fees. The anticipated annual costs during the Memorandum -Georgeanne A White, City Manager ARC Litter Abatement Service at FAT May 23, 2023 Page 2 of 2 five (5) year term are $91,173.94 in FY24, $93,909.17 in FY25, $96.726.43 in FY26, $99,628.33 in FY27, and $102,617.08 in FY28, for an agreement total of $484,054.85. ARC is uniquely qualified to perform these services in a socially beneficial and responsi- ble manner due to their ability to provide supervised cleaning services to the Airport by employing individuals from the intellectually and developmentally disabled community. The Airport does not have the staff available to perform litter abatement activities sur- rounding the airport facilities properly. To perform this function internally, five full-time maintenance workers are required at an annual cost of $277,535, adding up to $1,387,675 for the five-year term period, which is not financially responsible, and would not create the same social benefits derived from the Airport's partnership with ARC. FAT welcomes visitors and residents to Fresno and the Central Valley. ARC's services in keeping the areas around FAT clean and presentable is an important component of main- taining a positive customer experience and is financially responsible as well as socially prudent. If you have any questions, or require additional information, please do not hesitate to contact me at 559-621-4600. City Manager's Uniquely Qualified Determination: Approved Denied ----------- Attachment: Facility Map LEGENDSITE 1 SITE 2 SITE 3 SITE 4 SITE 5 SITE 6 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1052 Agenda Date:6/29/2023 Agenda #: 1.-C. REPORT TO THE CITY COUNCIL FROM:BILLY ALCORN, Interim Fire Chief Fire Department SUBJECT ***RESOLUTION - Adopting the 46th Amendment to the Annual Appropriation Resolution No. 2022- 154 to increase appropriations by $400,000 to cover anticipated General Fund expense overages for the Fire Department. (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends City Council approve the 46th Amendment to the Annual Appropriation Resolution 2022-154 to increase the FY 2023 amended budget by $400,000 for expenditures incurred in FY 2023. EXECUTIVE SUMMARY The Fire Department is requesting an amendment to the FY 2023 amended budget to account for expenditures incurred prior to fiscal year end. BACKGROUND FY 2023 was another busy fire season and resulted in a number of mutual aid deployments as well as overtime to cover shifts of employees out on injury leave, sick and vacation leave, and mandatory training. Due to our constant staffing policy, if there is a vacancy for any day, the department uses overtime to cover that shift. In FY 2023 the department also experienced several resignations/retirements, and the relief pool has not been fully staffed which causes overtime costs. In the last few fiscal years, our overtime and minimum staffing appropriations have not been sufficient to cover the actual expenses. To close the year out, the Fire Department needs additional appropriations. The department is requesting an increase in FY 2023 appropriations to offset overtime and minimum staffing costs and unbudgeted expenditures incurred during the fiscal year ending June 30, 2023. Approval of this AAR will bring expenditure appropriations in line with actual costs for FY 2023. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378, this action is not a project. City of Fresno Printed on 7/18/2023Page 1 of 2 powered by Legistar™ 6/29/2023 MA/AP 6-0 NE ABSENT R. 2023-194 File #:ID 23-1052 Agenda Date:6/29/2023 Agenda #: 1.-C. LOCAL PREFERENCE Local preference is not applicable to this item. FISCAL IMPACT Approval of the 46th Amendment to the Annual Appropriation Resolution No. 2022-154 will increase Fire Department General Fund appropriations in the amount of $400,000 and provide funding for expenditures that have been incurred prior to June 30, 2023. Attachment: 46th Amendment to AAR No. 2022-154 City of Fresno Printed on 7/18/2023Page 2 of 2 powered by Legistar™ Effective Date: Date Adopted: 1 of 2 Date Approved: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 46th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2022-154 TO APPROPRIATE $400,00 TO COVER ANTICIPATED GENERAL FUND EXPENSE OVERAGES FOR THE FIRE DEPARTMENT 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: FIRE DEPARTMENT General Fund $ 400,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: General Fund Revenues: Account String: 1000-1001-1620-320-433401-16-3-0000-0000- $ 400,000 Total Revenues $ 400,000 Appropriations: Account String: 1000-1001-1620-320-651101-16-3-0000-0000- $ 300,000 1000-1001-1620-320-656101-16-3-0000-0000- 85,000 1000-1001-1620-320-859116-16-3-0000-0000- 15,000 Total Appropriations $ 400,000 THAT the purpose is to appropriate $400,000 for anticipated FY23 expenditure overages. 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 23-1040 Agenda Date:6/29/2023 Agenda #: 1.-D. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager, Office of Mayor & City Manager BY:SANTINO DANISI, MBA, City Controller/Finance Director Finance Department SUBJECT Approve an agreement with Green Dot Corporation to provide an alternative direct deposit option via a prepaid card program in lieu of a paper check, with no cost to the City of Fresno. RECOMMENDATION Staff recommends City Council approve an agreement with Green Dot Corporation to provide an alternative direct deposit option via a prepaid card program for employees electing to participate, in lieu of receiving a paper check. EXECUTIVE SUMMARY In March 2023, Bank of America (BofA) notified the City of Fresno that they will be terminating their prepaid card program previously available to all BofA clients. Ten vendors were evaluated and the Green Dot Corporation is recommended given its fee structure and benefits to potential cardholders. Staff recommends that the Council approve the attached agreement with Green Dot Corporation in the amount of $0. BACKGROUND In an effort to reduce expenses, the City of Fresno has continued to encourage and promote an electronic distribution of pay. The City contracted with the Bank of America Cashpay Card program to provide this banking alternative to employees that are unbanked. It has helped save printing costs and has benefited employees by allowing quicker access to financial resources while avoiding fees or charges when cashing their check. In addition, it is more secure and has less risk of theft or loss when compared to receiving a paper check. In March 2023, Bank of America (BofA) notified the City of Fresno that they will be terminating their prepaid card program previously available to all BofA clients. The last check date that employees will receive pay via direct deposit to the Cashpay Card will be July 21, 2023. To assist with the transition, BofA will continue support for existing cardholders through December 30, 2023, with continued City of Fresno Printed on 7/18/2023Page 1 of 2 powered by Legistar™ 6/29/2023 MA/LC 7-0 File #:ID 23-1040 Agenda Date:6/29/2023 Agenda #: 1.-D. access to funds and ongoing communication assistance to all active cardholders notifying them of impending change. To continue with the City’s practice of reducing expenses, staff recommends that Council approve the prepaid card service agreement with Green Dot Corporation. Green Dot Corporation is an American financial technology and bank holding company in Austin, Texas. It is the world’s largest prepaid debit card company. Green Dot is also a payments platform company and is the technology platform used by Apple Pay Cash, Uber and Intuit. In 2001, the company pivoted to serve the “unbanked” and “underbanked” communities. Upon approval by City Council, the prepaid card service agreement will be executed by the City Manager, or designee. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT There will be no fiscal impact to the employer. Attachment: Green Dot Paycard Agreement City of Fresno Printed on 7/18/2023Page 2 of 2 powered by Legistar™ GREEN DOT PAYCARD® PROGRAM CORPORATE PREPAID CARD PROGRAM AGREEMENT This CORPORATE PREPAID CARD PROGRAM AGREEMENT (“Agreement”) is entered into by and between Green Dot Corporation, a corporation organized under the laws of the State of Delaware, with its principal offices at 114 W 7th Street, Suite 240, Austin, TX 78701 (“Green Dot”) and the City of Fresno, a municipal corporation, organized under the laws of the state of California with its offices at 2600 Fresno Street, Fresno, CA 93721-3620 ("Company"), in consideration of the promises and undertakings set forth below, Green Dot and Company agree as follows: 1.GENERAL OVERVIEW. a)Company has elected to use the services of the prepaid card program (“Program”) more fully described in Exhibit A. Under the Program, designated employees or independent contractors (“Participants”) will be issued prepaid paycards funded by Company (“Cards”). Participants who are issued Cards are referred to herein as “Cardholders.” Notwithstanding anything to the contrary, the parties agree that Cardholders may also fund the Cards in accordance with the terms and conditions that accompany the Cards. b)The Cards shall be issued by a FDIC-insured bank selected by Green Dot for the Program (“Bank”), where all Program funds will be held. Certain services selected by Company may require deposits provided by Company to be held at a correspondent bank to the issuing Bank. Green Dot shall have the right to move the Cards to a new issuing Bank without written notice to Company except where such notice is required by applicable law and in such case appropriate notice will be given and then the Cards will be moved. c)Each Participant shall enroll in the Program by submitting certain information, and Participant’s access to the Program shall be contingent on successful completion of “know your customer” due diligence and other legal requirements. The terms and conditions governing the use of the Cards and the accounts associated with such Cards will be supplied by Bank. Sub-Accounts shall be opened only for Participants that are residents of the United States or its territories. d)Funding by Company may be made to a pooled custodial account maintained for the purpose of disbursing funds to the Cards (the Controlled Account”). To facilitate a Participant’s use of Cards, a sub-account under the Controlled Account will be established for such Participant (the "Sub - Account"). The Controlled Account will be accessed by the Company through a pass code protected, secure web portal and will be used to load funds to Cards, either individually or in batch files. These transactions are processed as soon as the requests are received and funds are then available to Participants. Company shall be able to make instant loads to Cards as needed with no requirement for a minimum balance to be maintained in the account, except that Company must maintain sufficient funds in the Controlled Account to cover the disbursements that it is directing to be made to Participants. Green Dot or its delegate shall maintain individual entries in its system, reconciled each day to amounts in each Sub-Account, reflecting the amount DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 of funds in the Sub-Account that are attributable to, and held on behalf of, each Participant. Green Dot or its delegate shall also maintain such records as are required by the FDIC to obtain “pass through” insurance coverage for each Participant whose funds are in a Sub -Account. Additional details on Card funding are included in Exhibit A, attached hereto. Unless otherwise prohibited by law, Company, or any successor or assign of Company, including an y receiver or trustee in bankruptcy on behalf of Company, shall maintain its right, title or interest in any funds in the Controlled Account. e) If Company elects to allow subsidiaries and affiliates to participate in the Program (“Participating Affiliate”), each Participating Affiliate may enroll in the Program by completing the Affiliate Account Request Form, which shall be provided to Company upon its request. Each Participating Affiliate will be given access to the Program with their own Bank Controlled Ac count following execution of the Affiliate Account Request Form. Participants will be given Sub -Accounts and Cards connected to the Participating Affiliate’s Bank Controlled Account. f) Green Dot may use Company’s name and logo (and any client testimonial pro vided by Company) from time to time in order to identify Company as a participating client for sales and marketing purposes. 2. COMPANY RESPONSIBILITIES. a) Company represents and warrants that all information and data, including payment data, submitted to Green Dot or Bank in connection with Participants and the Program is true, accurate and complete, and is sufficient to enable Bank to allocate the funds among the various Sub- Accounts and honor withdrawal requests by Participants. Company agrees that Bank and Green Dot may rely on such data without any obligation to verify it. b) Company shall deposit the funds due to Participants into the designated Controlled Account by wire transfer or ACH transfer, at the discretion of Company. Along with each transfer of funds by Company to the Controlled Account, Company shall provide, in the format specified by Green Dot, the identity of, and the amount of such funds due to, each Participant (“Disbursement Detail”). Company acknowledges that funds will be made available to Pa rticipants commencing on the business day the cleared funds are received and the corresponding Disbursement Detail. Neither Green Dot or Bank shall have any obligation to make any funds available to Participants for whom the Disbursement Detail is missing or incomplete or if records indicate that insufficient funds are available to complete a transaction. c) Subject to Section 7 and 8 hereof, Green Dot may permit Company to maintain an inventory of instant issue Cards at its locations subject to the following terms: i. Card Ordering: Upon Company’s request, to be approved and confirmed by Green Dot, Card orders will be shipped to Company’s designated location(s) by the Card manufacturer and will arrive via a bonded and approved carrier. Card orders must be signed for upon arrival. All Cards must be placed at the time of receipt into inventory in a DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 secured area. A Company employee designated by management should be appointed to ensure the physical and procedural security policies are implem ented. ii.Card Inventory: Company must maintain the physical security of the Cards in inventory at all times. Cards must be stored in a controlled environment, such as a safe, with access limited to Company employees who have successfully passed background screening checks. An inventory log must account for the number of Cards received, Cards used, Cards spoiled (Cards that cannot be used due to damage, tampering or expiration) and remaining Cards that should balance to the number of Cards on hand at any time. An explanation of spoilage should be included on the log. Any inventory discrepancy must be reported to Green Dot as soon as detected. Company shall bear all risk of loss associated with unauthorized activity on Cards or related funds on deposit resulting from unauthorized access to or theft of Cards in its possession or control. If Company is disbursing Cards, Company shall deliver to each Participant the Enrollment Materials provided to it by Green Dot. iii.Enrollment Materials: The Enrollment Materials include, without limitation, the Cardholder Agreement, a Card, a Direct Deposit Authorization Form, disclosures as may be required by applicable law and regulation and other materials. Company agrees that it will provide Enrollment Materials to each Participant when Company provides a Card from its inventory. iv.Card Destruction: Green Dot may request return or destruction of unused Cards (1) that are compromised or tampered with; (2) that are on expired Card sto ck; (3) that are damaged or defective; and (4) that are in the possession of the Company after the program is terminated. Cards to be returned to Green Dot should be securely packaged. A copy of the inventory log should be included with the shipment. d)Company shall comply with all laws, rules, regulations, and orders, as well as all bylaws, rules, regulations, requirements and interpretations issued by a payment card network (including, without limitation, Visa, Mastercard, and their respective affiliates) or otherwise published or otherwise communicated to Cardholders, as amended from time to time by each relevant Card network (“Card Network Rules”) applicable to Company’s performance and its obligations under the Agreement. Company represents and warrants that it will not use the Program, and will use its best efforts to prevent itself or the Program from being used, for any illegal purpose or activity, including without limitation, fraud or money laundering. e)Without limiting the foregoing, Company will be solely responsible for compliance with federal, state and local laws, rules and regulations relating to compensation and employment matters. Company will offer all Participants alternative methods of payment to the Cards in accordance with applicable laws. DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 f) Company will be solely responsible for the performance, breach, or liabilities arising from or related to its third-party vendors (including, without limitation, payroll providers and/or payment processors who are not Green Dot subcontractors with respect to this Agreement). g) Company will keep records of all transactions and activities performed under this Agreement for a period of not less than six (6) years after the expiration or termination of this Agreement. h) Company acknowledges that, for expediency, this Agreement is being entered into prior to Company having undergone mandatory Green Dot new partner compliance and risk reviews, that no services shall be provided hereunder prior to Company successfully passing such reviews, and that services and/or this Agreement may be suspended or terminated by Green Dot at any time as a result of such reviews. Such reviews shall include, but not be limited to, financial, reputational, and BSA/AML/OFAC risks, and may be re-conducted periodically throughout the term. Green Dot’s entry into this Agreement shall not in any manner be deemed to constitute or waive such initial or continuing approvals. Company agrees to timely provide Green Dot with such accurate and complete information and documentation as Green Dot may reasonably request in connection with such reviews. 3. GREEN DOT RESPONSIBILITIES. a) Green Dot will operate, maintain, and administer the Program. b) Green Dot will provide account setup and enrollment assistance for all Participants, including facilitating Card delivery where applicable. Green Dot will grant user-level access to Company and Participants to the portal used to support the Program. c) Green Dot will comply with laws, regulations, and Card Network Rules applicable to Green Dot’s performance and obligations under this Agreement. d) Green Dot will provide Participants with operator-assisted customer service, in addition to providing portals for each of Participants and Company to access their respective information. e) Green Dot shall provide online training services on the Program to Company to enable Company to inform Participants on how to use the Program and take advantage of the various Program features. f) In its discretion, Green Dot or Bank may provide other ancillary features or services that Participants may use to access their funds. 4. FEES AND CHARGES. Company acknowledges that certain fees and charges are to be paid by Participants, and that such fees and charges shall be set forth in a disclosure statement that will be provided by Green Dot and included in the Enrollment Materials. The current Program fees for Participants are set forth in Exhibit C hereto. Green Dot reserves the right to change the fees with DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 prior written notice to Participants in accordance with applicable law. 5.TERM OF AGREEMENT. a)The Agreement shall continue in full force and effect unless terminated as provided herein. Either party may terminate this Agreement for convenience at any time upon one hundred and eighty (180) days’ notice. b)Green Dot may terminate this agreement upon thirty (30) days’ prior written notice (or less if thirty days is not allowed under such law, rule or regulation) following a change in applicable law, rule or regulation which renders Green Dot’s performance under this Agreement impractical, impossible or unprofitable in Green Dot’s discretion. c)Green Dot may terminate this Agreement upon written notice to Company, without any penalty, payment, or further obligation, in the event that: (i) Company becomes the subject of material litigation, threatened material litigation or publicity that in Green Dot’s reasonable discretion reflects, or has the capacity to reflect, negatively on Company’s or Green Dot’s business; (ii) Company becomes involved in a situation that brings Company or Green Dot into public disrepute, contempt, scandal, or ridicule; (iii) Green Dot determines (in its sole and absolute discretion) that Company’s access to or participation in Green Dot disbursements platform presents excessive financial, reputational, operational, compliance, actual or suspected fraud or unauthorized use, legal, regulatory, contractual, or other risk to Green Dot that cannot be corrected in a reasonable timeframe; or (iv) following a data incident as described at Section 7(c) below, Company fails to take the actions required by such section to prevent the recurrence of any such data incident. d)Either party may terminate this Agreement upon thirty (30) days’ prior written notice to the other party, if such party breaches or violates any provision of this Agreement and any such default, breach or violation, as described in such notice with specificity and in reasonable detail, is not remedied in all material respects within the applicable thirty (30) day notice period. e)In addition, either party may terminate this Agreement upon written notice if the other party becomes the subject of a voluntary bankruptcy petition or any other voluntary proceeding relating to insolvency; or (ii) without prior notice if the other party becomes the subject of an involuntary petition in bankruptcy or any other involuntary proceeding relating to insolvency, receivership or liquidation, and such voluntary petition or proceeding is not dismissed within sixty (60) days. f)Upon termination, Participants will be subject to manual CIP procedures as further described in Exhibit A, and, upon successfully passing such CIP procedures, shall be permitted to use Cards after termination to access their funds in the relevant Sub -Account. Company will immediately return all Cards in its possession that have not been issued to a Participant to Green Dot, under the procedures communicated to Company by Green Dot. DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 6.SYSTEM AND TRANSACTION MONITORING. Green Dot reserves the right for Green Dot or its authorized agents to monitor Card activity, and to refuse to issue a Card, cancel a Card previously issued to a Participant or temporarily suspend usage of a Card or the Program, due to actual or suspected fraud or unauthorized use, and to comply with applicable law, Card Network Rules and bank safety and soundness requirements. Except as prohibited by applicable law, Bank shall disburse to the Participant any funds remaining on a cancelled Card and any funds in the Controlled Account to the Company. 7.DATA SECURITY. a)Company acknowledges that it is responsible for the security of all Cards, Cardholder data and related Participant information in its possession or which it accesses. In connection with this Agreement, Company shall comply with generally accepted and applicable security controls, standards, and regulations as well as other requirements for the safeguarding of Cards and Cardholder information which may be required by appl icable law, rule, and/or regulation including but not limited to Card Network Rules, and any and all reasonable requirements as set forth in writing by Green Dot. Without limiting the generality of the foregoing, in addition to other requirements which may be imposed on Company by Green Dot, Bank or a card network, Company shall remit information to Green Dot in a secure or protected format, such as encryption. Green Dot shall use commercially reasonable efforts to give Company notice of all material changes to the Program which are being made to comply with changes in law or Card Network Rules, including industry rules related to applicable security controls, standards, and regulations. b)To ensure that Company is complying with the requirements of this Section 7, Green Dot may request Company to provide the details of the security measures and systems used by Company to access the services and/or facilitate such access by Participants and may carry out an inspection or audit of Company’s such measures and systems. Company agrees to cooperate fully with any such requested audits. Regardless of contract termination, Company will continue to treat Cards and Participant data as confidential. c)Company shall promptly notify Green Dot (and in any case within 48 hours) once it has knowledge of or reasonably suspects that there has been any unauthorized access, use or disclosure of any non-public personal information, Card or Participant information, and sha ll promptly furnish to Green Dot the known details of any such data incident, and take such action as may be necessary to prevent a reoccurrence of any such incident. 8.LIMITATIONS ON LIABILITY AND SPECIAL DAMAGES. a)Company acknowledges that the Program is supported by a complex combination of hardware and software systems that are hosted by and/or interfaced with numerous other service providers and, accordingly, system and operational failures, malfunctions and other errors may occur from time to time resulting in, among other things, system access denials and/or delays, and periods when usage is suspended. Green Dot shall use commercially reasonable efforts to DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 minimize system and operational problems. In addition, it is possible that system and operational problems (including ACH failures) may occur due to numerous matters beyond the reasonable control of Green Dot, including force majeure. With respect to the foregoing, and any other claim that Company may raise in connection with the services provided pursuant to this Agreement, Green Dot shall not be liable to Company for any reason other than its breach of this Agreement, willful misconduct, or gross negligence. b)No claim may be asserted against Green Dot by Company more than two (2) years after the date such claim accrued. c)IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR BUSINESS OPPORTUNITY, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GREEN DOT AND/OR BANK’S AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION UNDER THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES NOT TO EXCEED CARD FEES ACTUALLY RECEIVED BY GREEN DOT IN CONNECTION WITH THIS AGREEMENT WITHIN A TWELVE -MONTH PERIOD PRECEDING THE FIRST CLAIM. THE FOREGOING LIMITATIONS ON LIABILITY IN THIS SECTION 8 SHALL NOT APPLY TO ANY LIABILITY ARISING FROM ANY INDEMNITY OBLIGATIONS HEREUNDER. 9.DISCLAIMER OF WARRANTIES. GREEN DOT SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES. BOTH PARTIES HEREBY AGREE THAT GREEN DOT’S OBLIGATIONS TO COMPANY ARE RELATED TO PROVIDING A PREPAID CARD PROGRAM TO COMPANY AND THAT THIS AGREEMENT IS A SERVICE AGREEMENT FOR PURPOSES OF THE UNIFORM COMMERCIAL CODE AND THEREFORE THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE SHALL NOT APPLY TO THIS AGREEMENT. 10. CONFIDENTIALITY. a)“Confidential Information” shall mean information relating to a party, its business or assets or that of any of its clients, customers, affiliates, subcontractors or other persons that is not generally known to the public, whether of a technical, business or other nature, that is disclosed by one party (collectively with its employees, affiliates agents, partners, directors, shareholders, the “Disclosing Party”) to the other party (collectively with its employees, affiliate s, agents, partners, directors, shareholders and any other person with whom such party has dealings in connection with the performance of its obligations hereunder or the Confidential Information, the “Receiving Party”); provided, that Confidential Information shall not include any information that: DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 (i) is or becomes publicly available through publication, inspection of commercially available product, or otherwise without breach of this Agreement, unless further disclosure is otherwise prohibited by law; (ii) was known to the Receiving Party at the time of its receipt from the Disclosing Party without the Receiving Party owing any obligation of confidentiality; (iii) is received from a third party who has the right to disclose such information to Receiving P arty without any obligations of confidentiality; or (iv) can be demonstrated in writing to have been independently developed by the Receiving Party without the use or reference to the Disclosing Party’s Confidential Information or intellectual property. b)Each of the parties agrees: (i) to hold Confidential Information of the Disclosing Party in strict confidence and to preserve and protect such Confidential Information until it is returned or destroyed in accordance with the terms of this Agreement; (ii) to prevent the use of Confidential Information other than in accordance with this Agreement, and not to disclose, discuss, communicate or transmit Confidential Information to others (other than as set forth in Sections 10(c) below); and (iii) to use Confidential Information solely to exercise its rights and perform its obligations under this Agreement. In particular, each party agrees it will not use, divulge, or grant any third-party access to, Participant or Card transaction information, except to carry out its obligations under this Agreement and as required by law. c)If the Receiving Party is required by court order, other governmental authority, or law to disclose any confidential information of the other party, the Receiving Party will promptly notify the Disclosing Party (to the extent permitted by applicable law) and reasonably cooperate in Disclosing Party’s efforts to obtain a protective order at the Disclosing Party’s cost. If the Disclosing Party does not seek or fails to obtain a protective order, the Receiving Party will disclose only that portion of the Confidential Information which its legal counsel determines it is required to disclose. Notwithstanding the foregoing, the Receiving Party may without notice disclose Confidential Information to governmental agencies that regulate the Receiving Party or an affiliate of the Receiving Party, upon such agency’s request, provided such request is in connection with a routine audit or examination not directed at the Disclosing Party. d)The parties further agree that any obligations to protect Confidential Information is set forth herein shall survive termination of this Agreement for a period of three years, except that as to any Confidential Information designated in writing by the disclosing party to be a “trade secret” or is personal information of the Participant, such obligations shall continue indefinitely unless otherwise agreed in writing by the Disclosing Party. The Receiving Party understands that any violation of this Section 10 may cause the Disclosing Party immediate and irreparable harm which monetary damages may not adequately remedy. Accordingly, each party agrees that the Disclosing Party will have the right to seek equitable relief without the requirement to post bond to enjoin any unauthorized use or disclosure of its Confidential Information, in addition to any other rights and remedies that it may have at law or otherwise. 11. INDEMNIFICATION. Company shall fully indemnify, defend and hold harmless Green Dot and its affiliates, and their respective officers, directors, employees, agents, representatives, successors DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 and assigns (collectively, “Indemnitees”) from and against any and all claims, damages, liabilities, losses, and expenses (including any and all attorney fees, expenses and costs) incurred by or asserted by a third party against any Indemnitee of whatever kind or nature due to the following actions by Company, its affiliates, or its Pe rsonnel: (i) a breach or alleged breach of any representation, warranty or obligation under this Agreement, (ii) violation of applicable law, (iii) negligence, gross negligence or willful misconduct (whether by action or omission), or (iv) any unauthorized action, omission, or statement of Company or its representatives in connection with a payment processed hereunder, including the marketing, issuing or servicing thereof or of the obligation underlying such payment, and/or any inaccuracy in payment instruc tions provided by or on behalf of Company; except in each case to the extent the losses are attributable to the Green Dot’s own breach, violation of law, gross negligence or willful misconduct. Participants shall be considered third parties under this Agreement. 12. ENTIRE AGREEMENT AND MODIFICATIONS. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes any and all prior understandings or agreements relating thereto, whether written or oral. Modifications to this Agreement must be in writing and signed by each party to be effective; provided, however, if any provision of this Agreement is found to be invalid or unenforceable such provision shall be deemed severed from this Agreement and all of the other provisions hereof shall remain in full force and effect as if such provision had never been included herein. 13. GOVERNING LAW. This Agreement, as well as the rights and duties of the parties hereunder, shall be governed by, interpreted under and enforc ed in accordance with the laws of the State of California, without regard to choice of law and conflict of law statutes. Subject to the binding arbitration provisions set forth in Section 14, any suit, action or proceeding under this Agreement shall be brought in the state or federal courts located in Fresno County, California, and the Parties hereby irrevocably consent and unconditionally submit to the personal jurisdiction and venue of such courts. 14. DISPUTE RESOLUTION a)Dispute Resolution – Management-Level Escalation: Any dispute that the parties are unable to resolve within fourteen (14) days of initially raising such dispute in accordance with the notice requirements under this Agreement shall be escalated by the parties internally to their respective employees in senior management positions holding relevant authority over the subject matter of the dispute (“Management-Level Escalation”); provided, however, that a party may seek injunctive relief for a breach of confidentiality prior to Management-Level Escalation or arbitration. The Management-Level Escalation process shall continue until the dispute is resolved, provided that if more than fourteen (14) days have passed from the start of the Management-Level Escalation, either party may submit the dispute for resolution. 15. AUTHORITY, BINDING EFFECT. Each party hereby represents and warrants to the other that (a) its execution, delivery and performance of this Agreement has been duly authorized and approved, and (b) neither its execution or delivery of this Agreement, nor its performance hereunder, violate s DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 or conflicts with its organizational or other governing documents, or any other material agreement or obligation by which it is bound. 16. ASSIGNMENT. The Agreement will be binding on and inure to the benefit of each of the parties, their successors and assigns. It may not be assigned or transferred, in whole or in part, by the Company without the written consent of Green Dot. Any such assignment or transfer without consent will be void. Notwithstanding the foregoing, Green Dot may assign this Agreement without Company’s prior consent if the assignment is made to (a) any corporation which is a successor to Green Dot either by merger or consolidation, (b) a purchaser of all or substantially all of Green Dot’s or the Program’s assets, or (c) a corporation or other entity which shall directly or indirectly control, be under the control of, or be under common control of Green Dot. 17. COUNTERPARTS AND ELECTRONIC COPIES. This Agreement may be executed in counterparts and delivered by electronic means such as, but not limited to facsimile or scanned e - mail, and all such counterparts and methods shall constitute one and the same document. 18. NO THIRD-PARTY BENEFICIARIES. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person or entity, other than the parties and their respective successors and permitted assigns, any right, remedy o r claim under or by reason of this Agreement. 19. FORCE MAJEURE. Neither party hereto, nor Bank, shall be liable for any failure to perform its obligations under this Agreement due to: (i) acts of God, such as fires, floods, electrical storms, unusually severe weather, natural catastrophes, epidemics or pandemics (including resulting quarantines and shutdowns); (ii) civil disturbances such as strikes and riots; (iii) acts of aggression, direct or consequential, such as explosions, wars, border closures, and terrorism; (iv) failure of any third party service provider to adequately provide such services, including, without limitation ATM network services, telecommunication services, and merchant point-of-sale services; and (v) failures in electric power, computer or telecommunications services or equipment of a third party (each, a “Force Majeure”). In such event, the performance of such party’s obligations shall be suspended during the period of existence of such Force Majeure event and the period reasonably requi red thereafter to resume the performance of the obligation. The party experiencing the Force Majeure event shall use reasonable efforts to minimize the consequences of such event. 20. COMPLIANCE WITH FEDERAL LAW. The Program complies with federal law which requires all financial institutions to obtain, verify and record information that identifies each Company or Participant who opens an account. Bank directly or through Green Dot may ask Company or Participant for the name, address, date of birth, and other information that will allow Bank to identify the Company and/or Participant. The Bank reserves the right to not open an account or suspend an existing account as required for compliance with these rules. 21. NOTICES. Any notice, request, consent or other communication to any party hereto must be in writing and shall be deemed effective when delivered in person, sent by email, if promptly confirmed in writing, or on the fourth day from the date posted by registered mail, return receipt requested, DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 with postage prepaid. In the case of Company, such notice shall be addressed as set forth in the recitals. Notwithstanding the foregoing, legal notices to Green Dot and/or Bank shall be sent to 4675 Cornell Road, Suite 280, Cincinnati, OH 45241 , with a copy to legalnotices@greendotcorp.com, and shall be deemed effective (and to have been received) on the earlier of (i) when delivered to the recipient’s email server, (ii) when the recipient has read the email as stated in an automated message received by the sender, or (iii) one hour after sending unless within 24 hours of sending the email the sender receives an automated message that it was not delivered. Either party may change its notice address from time to time by written notice to the other party in accord ance with this Section 22. NOW THEREFORE, Green Dot and Company have executed this Agreement by their duly authorized representatives to be effective on the date fully executed. CITY OF FRESNO, A California municipal corporation By: Georgeanne A. White City Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy GREEN DOT CORPORATION Signature: _________________________ Name: Title: Date: GREEN DOT CORPORATION Signature: _________________________ Name: Title: Date: DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5 George Gresham 6/8/2023 CEO CFO 6/12/2023 Jess Unruh DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 6/15/2023 Exhibit A DESCRIPTION OF PREPAID CARD PROGRAMS A.PAYROLL CARD PROGRAM: a.Company may elect to use the Program to enable the payment of payroll and other work -related incentives to its Participant employees, independent contractors. b.Company represents and warrants that it complies with applicable laws and regulations concerning payment of wages to the Participants, including, but not limited to I-9 form completion, timeliness of payments, procedures to pay wages, calculation of net pay, distribution of wage statements and handling and reporting amounts withheld or deducted from each Participant’s pay, and obtaining consent, as may be required by law, of each Participant who has elected to participate in the Program. By signing the attached Exhibit B, Company is requesting the removal of the independent identity verification requirement by Green Dot and agrees to retain all Participant Documents as described therein. c.Card funding. i.Batch File Payroll Initiation or API: Company sends Green Dot an encrypted file via Secure File Transfer Protocol (“SFTP”) instructing the Green Dot system how much money to load to each Card. Separately, Company sends the funds to the Bank in one aggregate ACH or wire transaction prior to the posting date and time. ii.ACH Direct Deposit: Company may enter the Participant’s Card routing and account number into its direct deposit payroll software and originate ACH payroll transactions. This is the same process the Company would use for direct deposit to a bank account. iii.Off Cycle Batch File: Company may send Green Dot an encrypted file via SFTP instructing the Green Dot system to load funds, make corrections, and perform off -cycle payments. Cards are funded from a prefunded disbursement account at the Bank or a correspondent bank. This method could be used by the Company for both regular payroll as well as exception/off-cycle pay. The batch funding process for regular payroll would mitigate ACH fees assessed by the Company’s banking partner. iv.Web Portal: The Green Dot team’s proprietary employer Web portal offers password-protected access to a secure website where Company can load funds to Cards, either individually or in batch files. Transactions are processed and funds are available to Cardholders immediately following file processing. Participant’s cards are funded from a prefunded disbursement account at the Bank or a correspondent bank. B.GENERAL PURPOSE CARD PROGRAM: a.Company may elect to use the Green Dot General Purpose Card Program to provide miscellaneous incentives and gifts to its employees, independent contractors. b.All Cardholders using a Green Dot General Purpose Card Program will be subject to a verification process. Green Dot and the Bank are required by federal law to maintain a written anti-money laundering (“AML”) program. The Cardholder Identification Process (“CIP”) is a component of this AML program. The CIP process gathers personal information from the Cardholder (name, physical address, date of birth and social security number) and passes it through a third-party compliance database to verify Cardholder identity. The process to conduct an identity check is for verification of the Cardholder only and does not pull from credit data or impact a consumer’s credit score. Cardholders who are not succ essfully verified through this process will not be permitted to open a prepaid account with the Program. DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 Exhibit B GREEN DOT PAYCARD PREPAID PAYROLL CARD PROGRAM CERTIFICATION OF COMPLIANCE WITH PAYROLL CARD BANK REQUIREMENTS COMPANY INFORMATION Company Name: City of Fresno Address: 2600 Fresno Street City, State, Zip: Fresno, CA 93721-3620 Document Retention As a participant in the Program, Company acknowledges and agrees that Bank is required to have access to documentation verifying each Participant’s identity for a minimum of five (5) years after such Participant is terminated from employment with Company. As a condition of Green Dot making the Program available to Company and Participants , Company agrees to retain the following information as to each Participant for five (5) years after the Participant is terminated from employment: (i)Participant’s complete name; (ii) Participant’s date of birth; (iii) Participant’s physical address; (iv) Participant’s feder al taxpayer identification number, and(v) government-issued photo ID document, or, alternatively, complete electronic records of having verified such documents and the Participant’s identity that include all fields therein (collectively, the “Participant Documents”). Employer also agrees to retain the date the Participant was hired. While the Participant Documents may be the same as those required under applicable law for Company to verify eligibility of employment, f or the avoidance of doubt, nothing set forth herein shall require Company to provide any Form I-9 to Green Dot. Due Diligence Review In addition, as a participant in the Payroll card program, Company agrees that at Bank’s sole discretion, Bank, its authorized representatives or agents, and any government entity with regulatory or supervisory authority over Bank, shall have the right to request copies of Participant Documents, as described in the paragraph above, to inspect, obtain, and examine the Participant Documents to determine Company’s compliance with and the document retention requirements set forth above. Company will provide such documentation within two (2) business days following Bank’s request. If the requested Participant Documents are not provided within four (4) business days, at Bank’s election, the affected Cards may be suspended until such time as the Participant Documents are provided. By signing below, the authorized Company Representative certifies that it agrees to comply with the Document Retention and Due Diligence Review provisions as described above. Signature of an Authorized Company Representative _____________________________________________ Printed Name of Representative: Title of Representative: Date: DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 Exhibit C Cardholder Fees Employee/Cardholder Fee Schedule Level 2 ALWAYS FREE Domestic POS Signature Purchase International POS Signature Purchase (1) Domestic POS PIN Purchase (Including Cash Back) Domestic ATM Cash Withdrawals – Allpoint (2) & MoneyPass (2) ACH Transfer to Bank Account ChekToday – Check Authorization (3) Card to Card Transfer Request a Check Money Order at US Postal Service (4) Interest Bearing Savings Account Over the Counter Bank Cash Advance/Withdrawal Direct Deposit Other Financial Transactions POS Decline (Domestic) $0.50 POS Decline (International) $0.50 International POS PIN Purchase NO CHARGE (1) Domestic ATM Cash Withdrawal – Out of Network $2.99 International ATM Cash Withdrawal – Out of Network $2.99 (1) Domestic ATM Balance Inquiry (Allpoint & MoneyPass) NO CHARGE Domestic ATM Balance Inquiry – Out of Network $0.75 International ATM Balance Inquiry – Out of Network $0.75 Domestic ATM Withdrawal Decline (Allpoint, MoneyPass) $0.75 Domestic & International ATM Withdrawal Decline (Out of Network) $0.75 Bill Payment NO CHARGE New & Replacement Cards Employer Issued NO CHARGE CSR Issued NO CHARGE (5) Personalized Card – First Time (Voluntary) NO CHARGE (5) Companion Card NO CHARGE (5) Information and Service Website Account Access NO CHARGE IVR & Live Agent Account Assistance NO CHARGE Text Alerts (unlimited messages) NO CHARGE (6) Printed & Mailed Statement NO CHARGE (7) DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 Other Fees Overdraft/Negative Balance – Per Incident NO CHARGE Monthly Maintenance NO CHARGE (8) Bill Pay Reversal NO CHARGE Convenience Check Order - Expedited $35.00 Convenience Check (Unauthorized, Stop Payment, Returned, Lost/Stolen) $25.00 Convenience Check (Copy) $10.00 1.International ATM Cash Withdrawal, POS Signature Purchase and POS PIN Purchase Surcharge – 3% of transaction amount 2.Cardholder has surcharge free access to this network. 3.Cardholder can cash a ChekToday at Walmart for free. 4.When a money order is employee’s first transaction for a pay period for the full amount of their pay, rapid! also refunds the amount of the USPS charge (which range from $1.05 - $1.50 per money order) to the employee’s card account. 5.Free if sent via USPS First Class, Standard Overnight Mailing Fee $25, Rush Overnight Mailing Fee $35, Saturday Delivery Expedited Mailing Fee $55. 6.Standard carrier rates may apply. 7.Upon request, employee may receive 1 free statement mailed to their home/month. Additional printed/mailed statements are subject to a fee of $1.50. Statements are available free of charge on the Cardholder website. 8.Inactivity fee of $4.95 per month is assessed after 6 months with no balance changing transactions. Signature of an Authorized Company Representative _____________________________________________ Printed Name of Representative Title of Representative Date DocuSign Envelope ID: 335FE2D8-F40E-46B7-A3EA-0CBC9D6630E5DocuSign Envelope ID: B908FBCB-12E4-457F-A96E-BA12A6A5F352 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1045 Agenda Date:6/29/2023 Agenda #: 1.-E. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager Office of Mayor & City Manager SANTINO DANISI, MBA, City Controller/Finance Director Finance Department BY:COURTNEY ESPINOZA, Business Manager Finance Department, Grants Management Unit SUBJECT Approve a Grant Agreement with Bakman Water Company allocating up to $2,700,000 in American Rescue Plan Act (ARPA) funding for the construction of water infrastructure necessary to meet safety standards and fire suppression requirements for the development of affordable housing at the Fancher Creek Town Center development. RECOMMENDATION Staff recommends Council approve an agreement with Bakman Water Company allocating $2,700,000 in ARPA funding to fund water infrastructure to meet fire suppression requirements related to the Fancher Creek Town Center (FCTC) development; and authorize the City Manager to execute agreements, amendments and modifications pertaining to this grant program. EXECUTIVE SUMMARY Staff recommends Council approve an agreement with Bakman Water Company allocating $2,700,000 in ARPA funding for water infrastructure to meet fire suppression requirements related to the Fancher Creek Town Center development that was previously approved by Council on April 27, 2023. Bakman Water Company shall utilize the funding to construct water infrastructure to meet safety standards for the affordable housing and commercial developments. BACKGROUND In 2021, the City of Fresno was awarded American Rescue Plan Act funding in the amount of $170,808,029. Of this funding $2,700,000 was identified in a resolution passed by Council on April 27, 2023 to provide funding for water infrastructure within the Fancher Creek Town Center development. This site currently does not have the necessary infrastructure in place to meet fire suppression standards for the two affordable housing developments currently under construction. City of Fresno Printed on 7/18/2023Page 1 of 3 powered by Legistar™ 6/29/2023 MA/NE 7-0 APPROVED ON CONSENT File #:ID 23-1045 Agenda Date:6/29/2023 Agenda #: 1.-E. Bakman Water Company will utilize this funding to complete water infrastructure construction for the two affordable housing complexes located on site and will begin to provide much needed affordable housing for residents in Southeast Fresno. The water infrastructure project will consist of the construction of a 600,000-gallon, ground level steel storage tank on a vacant lot with a booster pump station. The contribution contemplated herein shall be utilized exclusively for the fulfillment of the mentioned health and safety related condition of approval in the best interests of the citizens of the City, to protect the public health, safety and welfare and would be exempted from the Better Business Act (Council Resolution No. 2009-118). Pursuant to Fresno City Resolution No. 2023-112, a condition precedent to any distribution of funds by the City to Bakman Water Company requires that the Developer, Fancher Creek Town Center Senior, LP, must annex the FCTC project into the appropriate Community Facilities District to fund the maintenance and other eligible services pertaining the landscaping, streets, and other public infrastructure. ENVIRONMENTAL FINDING Staff performed an Environmental Assessment for Development Permit No. P21-02251, dated December 9, 2021, a determination that the proposed water infrastructure project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332/Class 32 (In -fill Development Projects). Pursuant to Section 15332, staff determined that: (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. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project 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. (e) The site can be adequately served by all required utilities and public services. Further, it was determined that none of the exceptions to the exemptions set forth in CEQA Guidelines section 15300.2 apply to this project. The EA prepared for this project was adopted in conjunction with the Planning Director’s approval of Development Permit No. P21-02251. An NOE was filed with the Fresno County Clerk on September 1, 2022. The proposed discretionary action, approval of a grant agreement with Bakman Water Company allocating $2,700,000 in ARPA funding for the construction of water infrastructure necessary to meet safety standards and fire suppression requirements, is to provide funding for the water infrastructure project previously approved with the issuance of Development Permit No. P21-02251. The proposed water infrastructure project has not changed since the prior approval and as such no further assessment under CEQA is required at this time. LOCAL PREFERENCE City of Fresno Printed on 7/18/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1045 Agenda Date:6/29/2023 Agenda #: 1.-E. This organization has been previously approved by Council. FISCAL IMPACT This program will be funded through American Rescue Plan Act funding and will not impact the general fund. Attachments: ARPA Agreement with Bakman Water Company Environmental Assessment for Development Permit No. P21-02251 City of Fresno Printed on 7/18/2023Page 3 of 3 powered by Legistar™ Agreement Page 1 of 13 61650094.v4 GRANT AGREEMENT BETWEEN THE CITY OF FRESNO AND BAKMAN WATER COMPANY REGARDING FUNDING UNDER THE AMERICAN RESCUE PLAN ACT FOR WATER INFRASTRUCTURE RELATED TO AFFORDABLE HOUSING PROPERTIES THIS GRANT AGREEMENT (“Agreement”) is made and entered into as of June 29, 2023 (the “Effective Date”), by and between the CITY OF FRESNO (the “City”), and BAKMAN WATER COMPANY (“GRANTEE”), to provide funding for the construction of water infrastructure necessary to meet fire suppression requirements for the Fancher Creek Town Center project (“Project”). RECITALS WHEREAS, there is an increased need for water infrastructure to meet fire suppression requirements for two affordable housing complexes in the Project; and WHEREAS, the City desires to provide funds to assist GRANTEE in providing the needed water infrastructure to meet safety standards for the development, specifically the Fancher Creek Water Storage Tank & Booster Pump Station and related facilities (“Improvements”); and WHEREAS, GRANTEE desires to cause to be constructed the Improvements necessary to meet fire suppression requirements, which would support completion of the requirements necessary for the development of FCTC and the 400 affordable housing projects to be located within FCTC; and WHEREAS, in connection with the construction of the Improvements, GRANTEE and Steve Dovali Construction, Inc. (“Contractor”) have entered into that certain Construction Agreement, executed on February 23, 2023. GRANTEE warrants that Contractor and any subsequently retained subcontractor shall be professionally and legally capable of construction of these Improvements; and WHEREAS, the City desires to utilize unappropriated American Rescue Plan Act (Pub.L. 117-2) (hereinafter “ARPA”) affordable housing funds to support the development of affordable senior housing within the Project; and WHEREAS, the grant funds being provided under this Agreement will be derived from the City’s allocation under the ARPA, and GRANTEE, Contractor, and any other subcontractors are subject to any constraints set forth therein including but not limited to, the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) Final Rule (31 CFR Part 35); and WHEREAS, the City’s commitment of funds for the construction of the water infrastructure improvements are necessary to meet fire suppression requirements and would support completion of the requirements necessary for the development of the Project and the 400 affordable housing projects to be located within the Project; and WHEREAS, the contribution contemplated herein shall be utilized exclusively for the fulfillment of the hereinabove mentioned health and safety related condition of approval in the best interests of the citizens of the City, to protect the public health, safety Page 2 of 13 61650094.v4 and welfare and would be exempted from the Better Business Act (Council Resolution No. 2009-118); and WHEREAS, this Agreement will be administered for the City by its City Manager or its 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. Grant Amount. City shall provide GRANTEE the amount of $2,700,000 (“Funds”) for the services described in Exhibit A, attached hereto. The Funds shall be distributed to GRANTEE once the Agreement is fully executed and the following condition for disbursement is met: a) Condition Precedent to Disbursement of Funds. The parties acknowledge that the Funds may not suffice to cover the entire obligation of FCTC Senior, LP (“Developer”)for the Improvements. As such, disbursement of the Funds shall be expressly conditioned upon the execution of a separate agreement between GRANTEE and Developer for payment to GRANTEE, by Developer, of Developer’s portion of the costs of the Improvement, which are in excess of the Funds. 2. Scope of Services. GRANTEE shall perform to the reasonable satisfaction of the City the services described in Exhibit A, attached hereto, including all work incidental to, or reasonably necessary to perform, such services even though not specifically described in Exhibit A. Funds may not be expended for any other purpose but for the construction of water infrastructure to meet fire suppression conditions of approval enumerated in the Fancher Creek Development Agreement in Exhibit D. Funds may only be used to pay GRANTEE for the portion of the costs of the Improvements owed by the Developer. Funds may not be used to pay the portion of the costs which are the responsibility of GRANTEE. A summary of the estimated costs of the Improvements as of March 8, 2023, is attached hereto as Exhibit E. 3. Term of Agreement and Time for Performance. This Agreement shall be effective from the Effective Date through August 31, 2024, subject to earlier termination in accordance with this Agreement (“Term”). The services as described in Exhibit A are to commence expeditiously. Should GRANTEE fail to fulfill the conditions precedent necessary for disbursement of funds prior to August 31, 2024, then the City may terminate the Agreement so that any unused funds may be otherwise obligated as required by ARPA, no later than December 31, 2024 and expended by December 31, 2026. 4. Amendment to Increase or Decrease Scope of Services: 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 may include an adjustment to the Funds. No alteration or variation of the terms of this Agreement shall be valid unless made by a formal written amendment executed by the parties hereto. GRANTEE shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. At the end of the Term, any portion of the Funds, Page 3 of 13 61650094.v4 not used or expended for the designated purpose, must be immediately refunded to the City. 5. Termination, Remedies and Force Majeure. (a) This Agreement shall terminate without any liability of the City or to GRANTEE upon the earlier of: (i) GRANTEE filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against GRANTEE; (ii) seven calendar days prior written notice with or without cause by the City to GRANTEE; (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, GRANTEE 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 unused and unexpended Funds. Subject to the terms of this Agreement, GRANTEE shall return any Funds expended for any work or services performed or costs incurred which is unauthorized and inconsistent with ARPA guidelines (Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) Final Rule (31 CFR Part 35). (c) In the event of termination due to failure of GRANTEE to satisfactorily perform in accordance with the terms of this Agreement, the GRANTEE shall be liable for return of funds to offset, but not in excess of, the City’s damages caused by such failure; such amount shall not exceed the total amount of Funds distributed to GRANTEE by City. 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 GRANTEE, 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 GRANTEE, 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) GRANTEE shall provide the City with adequate written assurances of future performance, upon the Administrator’s request, in the event GRANTEE fails to comply with any terms or conditions of this Agreement. (f) GRANTEE shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of GRANTEE and without its gross negligence or willful misconduct, including but not limited to, 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. GRANTEE shall notify the City in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection Page 4 of 13 61650094.v4 therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Administrator of the cessation of such occurrence. 6. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by GRANTEE pursuant to this Agreement (other than information publicly available) shall not be made available to any individual or organization by GRANTEE without the prior written approval of the City except as required by law or judicial order. During the Term, and thereafter, GRANTEE shall not, without the prior written consent of the City, disclose to anyone any Confidential Information except as required by law or judicial order. 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, 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 writings and documents prepared or provided by GRANTEE pursuant to this Agreement, including without limitation grant applications and supporting documents, 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. Copies of grant applications and supporting documents shall be promptly provided to City during the Term. GRANTEE shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If GRANTEE should subcontract all or any portion of the services to be performed under this Agreement, GRANTEE shall cause each subcontractor to also comply with the requirements of this Section 6. (d) This Section 6 shall survive expiration or termination of this Agreement. 7. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as GRANTEE warrants to the City that GRANTEE 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 GRANTEE and any subcontractors to do and perform such services in a skillful manner and the GRANTEE 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 GRANTEE or any subcontractors from said professional standards. 8. Indemnification. Except to the extent caused by City’s gross negligence or willful misconduct, GRANTEE 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), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and Page 5 of 13 61650094.v4 litigation expenses) that arise out of, pertain to, or relate to the gross negligence, or willful misconduct of GRANTEE, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If GRANTEE should subcontract all or any portion of the services to be performed under this Agreement, GRANTEE 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. Notwithstanding the aforementioned, GRANTEE recognizes that the source of funds for the grant to be provided hereunder is the City’s allocation from the ARPA. To this end GRANTEE shall, without limitation, indemnify the City, and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages incurred by the City from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the gross negligence, or willful misconduct of GRANTEE or any of its officers, officials, employees, agents, or volunteers in the performance of this Agreement and compliance with ARPA. This section shall survive termination or expiration of this Agreement. 9. Insurance. GRANTEE shall comply with all of the insurance requirements in Exhibit B to this Agreement. 10. Conflict of Interest and Non-Solicitation. (a) Prior to City's execution of this Agreement, GRANTEE shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the Term, GRANTEE shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by GRANTEE in such statement. (b) GRANTEE 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 time, upon written request of the City, GRANTEE shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, GRANTEE and the respective subcontractor(s) are in full compliance with all laws and regulations. GRANTEE 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, GRANTEE shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, GRANTEE shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, Page 6 of 13 61650094.v4 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) GRANTEE 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 GRANTEE, nor any of GRANTEE 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 unless fully disclosed to and approved by the City Manager, in advance and in writing. GRANTEE 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. Notwithstanding any approval given by the City Manager under this provision, GRANTEE shall remain responsible for complying with Section 10(b), above. (f) If GRANTEE should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, GRANTEE shall include the provisions of this Section 10 in each subcontract and require its subcontractors to comply therewith. (g) This Section 10 shall survive expiration or termination of this Agreement. 11. ARPA Compliance and Certification. GRANTEE shall submit only those expenditures which are eligible for payment and in compliance with allowable expenditures pursuant to any constraints set forth by the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) Final Rule (31 CFR Part 35). GRANTEE shall provide the City with quarterly expenditure and performance reports, as defined in the Final Rule and Treasury Department’s SLFRF Compliance and Reporting Guidance (“CRG”). GRANTEE shall also provide an annual report as required under the CRG. These reports shall be in a form specified under the CRG and shall be accompanied by invoices and receipts that substantiate the figures on the expenditure report. Additionally, a certification signed by the Chief Executive or designee of GRANTEE certifying that the uses of the grant funds are consistent with those allowed under ARPA, shall be included with the expenditure report and substantiating documentation. As required by the 2 CFR Part 170, Appendix A award term regarding reporting subaward and executive compensation, recipients must also report the names and total compensation of their five most highly compensated executives and their subrecipients’ executives for the preceding completed fiscal year if (1) the recipient received 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and received $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act (and subawards), and (2) the information is not otherwise public. If the GRANTEE is already disclosing this information as part of another agreement involving Federal monies, Page 7 of 13 61650094.v4 GRANTEE shall provide documentation to the City that it is fulfilling this requirement. GRANTEE’s failure to provide a Certification, or provide either the quarterly or annual expenditure/performance reports may be considered a default of this Agreement under Section 5 of this agreement. If GRANTEE is found to have provided services to ineligible individual, households, or entities or made an ineligible expenditure, City shall have the right to reclaim a dollar amount from the GRANTEE that is equal to the amount determined to be ineligible. 12. General Terms. (a) Except as otherwise provided by law, all notices expressly required of City by this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the City Manager or designee. (b) The City is required under 2 CFR 200.332 to manage and monitor subrecipient compliance with ARPA guidance. Accordingly, GRANTEE agrees to permit City staff to conduct one performance review during the term of this agreement. City has the right to conduct additional performance reviews both during the term of this agreement and after the agreement’s term should the City believe these reviews are necessary. Records of GRANTEE 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. Records related to GRANTEE’s performance metrics shall be made available and retained for the same time periods as the Project’s expense data. GRANTEE shall furthermore comply with all funding requirements as set forth in ARPA. If GRANTEE fails to provide City staff access or documentation necessary to conduct a City-requested performance review, City may terminate this Agreement in accordance with Section 5. In addition, all non-privileged books, documents, papers, and records of GRANTEE pertaining to the Project 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 non-privileged records shall be made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If GRANTEE should subcontract all or any portion of the services to be performed under this Agreement, GRANTEE shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 12(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, GRANTEE shall have provided evidence to the City that GRANTEE is licensed to perform the services called for by this Agreement (or that no license is required). If GRANTEE should subcontract all or any portion of the work or services to be performed under this Agreement, GRANTEE 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. Page 8 of 13 61650094.v4 (d) Prior to disbursement of Funds under this Agreement by the City, GRANTEE will permit City staff to conduct a subrecipient risk assessment, as required under the Uniform Guidance (2 CFR 200.332(b)). Failure to allow City staff to conduct this subrecipient risk assessment may result in the City terminating this Agreement in accordance with Section 5. Additionally, the GRANTEE’s failure to be certified by City staff at the end of the risk assessment as having adequate internal controls to manage the funding provided in this agreement may result in the City terminating this Agreement in accordance with Section 5.(d) Pursuant to Fresno City Resolution No. 2023-112, a condition precedent to any distribution of funds by the CITY to GRANTEE requires that the Developer must annex the Project into the appropriate Community Facilities District to fund the maintenance and other eligible services pertaining the landscaping, streets, and other public infrastructure. (e) The parties hereto acknowledge and agree that the City is making no representation that development of Developer’s Property is not a public work subject to prevailing wage and that no City employee or representative is authorized to make such a representation. 13. Nondiscrimination. To the extent required by controlling federal, state, and local law, GRANTEE 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, GRANTEE agrees as follows: (a) GRANTEE 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) GRANTEE 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. GRANTEE 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 GRANTEE’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. GRANTEE agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. Page 9 of 13 61650094.v4 (c) GRANTEE will, in all solicitations or advertisements for employees placed by or on behalf of GRANTEE 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) GRANTEE 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 GRANTEE’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If GRANTEE should subcontract all or any portion of the services to be performed under this Agreement, GRANTEE shall require that each subcontractor also comply with the requirements of this Section 13. 14. Independent Contractor. (a) In the furnishing of the services provided for herein, GRANTEE is acting solely as an independent contractor. Neither GRANTEE, 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 GRANTEE shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that GRANTEE is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between GRANTEE and the City. GRANTEE shall have no authority to bind the City absent the City's express written consent. Except to the extent otherwise provided in this Agreement, GRANTEE shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, GRANTEE and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. GRANTEE 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, GRANTEE shall be solely responsible, indemnify, defend and save the City harmless from all matters to the extent relating to (i) employment and tax withholding for and payment of GRANTEE’s employees; and (ii) the Funds, 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’s 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, GRANTEE may be providing services to others unrelated to the City or to this Agreement. Page 10 of 13 61650094.v4 15. 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. 16. Binding. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 17. Assignment. (a) This Agreement is personal to GRANTEE and there shall be no assignment by GRANTEE of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by GRANTEE, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) GRANTEE hereby agrees not to assign the payment of any monies due GRANTEE 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 GRANTEE directly to the GRANTEE. 18. Compliance With Law. In performance of the services described in Exhibit A, GRANTEE shall at all times comply with all applicable laws of the United States, including but not limited to, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), the State of California and the City, and all other 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. In addition, GRANTEE elects to receive funds from the Secretary under ARPA and will use the funds in a manner consistent with such section. 19. 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. 20. 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. Page 11 of 13 61650094.v4 21. 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. 22. 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. 23. 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. 24. 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. 25. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 26. 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. 27. 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. 28. 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. 29. 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 GRANTEE. 30. Multiple Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. The parties acknowledge that executed copies of this Agreement may be exchanged by facsimile or other electronic format (e.g. “pdf,” “tif,” “jpg” or “DocuSign”) and that the signatures on Page 12 of 13 61650094.v4 such copies shall be deemed to be effective and valid as original signatures. [SIGNATURES FOLLOW ON NEXT PAGE] Page 13 of 13 61650094.v4 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Georgeanne A. White Date City Manager, City of Fresno APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Taylor W. Rhoan Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy BAKMAN WATER COMPANY, a California corporation By: Tim Bakman, President By: Shaymus Bakman, Secretary Addresses: CITY: City of Fresno – Finance/GMU Attention: Courtney Espinoza Business Manager 2600 Fresno Street Fresno, CA 93721 Phone: (559) 621-7008 FAX: (559) 457-1541 BAKMAN WATER COMPANY Attention: Shaymus Bakman 5015 East Belmont Avenue Fresno, CA 93727 Phone: (559) 255-0324 Attachments: 1. Exhibit A - Scope of Work, Budget and Metrics 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form 4. Exhibit D – Fancher Creek Development Agreement 5. Exhibit E – Summary of Estimated Costs of Improvements, as of March 8, 2023 Exhibit A - 1 61650094.v4 EXHIBIT A Scope of Work, Budget and Metrics Developer is developing a new 180-unit affordable housing property within the Fancher Creek Town Center and has been unable to meet fire suppression requirements due to a lack of water infrastructure. This development also consists of an additional affordable housing complex for a total of 400 affordable housing units. The City will provide the Funds to GRANTEE for the construction of the Improvements. Budget: Water infrastructure related to fire suppression requirements $2,700,000 Reporting: Quarterly Reporting regarding the use of the Funds will be required to determine amount of funding that is expended for the Project. Time periods and due dates listed below. 2023: x Quarter 3 Effective Date – September 2023 Ɣ Due October 13, 2023 x Quarter 4 October 2023 – December 2023 Ɣ Due January 12, 2023 2024: x Quarter 1 January 2024 – March 2024 Ɣ Due April 12, 2024 x Quarter 2 April 2024 – June 2024 Ɣ Due July 12, 2024 x Quarter 3 July 2024 – September 2024 Ɣ October 11, 2024 x Quarter 4 October 2024 – December 2024 Ɣ Due January 10, 2025 Monitoring: Once all expenses have been made, the City of Fresno Grants Management Unit will conduct a desk audit to ensure all expenses were made in accordance with the parameters of the grant. Staff will request a general ledger and determine which invoice copies will be requested for a sampling. Exhibit B - 1 61650094.v4 EXHIBIT B Insurance Requirements (a) Throughout the life of this Agreement, GRANTEE 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 his/her sole discretion. If the GRANTEE is self-insured, the following requirements will outline the responsibility of the self-insured coverage. 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 and STATE and each of their 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, GRANTEE fails 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 GRANTEE 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 GRANTEE of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by GRANTEE shall not be deemed to release or diminish the liability of GRANTEE, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY and STATE by GRANTEE 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 GRANTEE. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of GRANTEE, vendors, suppliers, invitees, consultants, medical professionals, subcontractors, consultants, or anyone employed directly or indirectly by any of them. 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 Exhibit B - 2 61650094.v4 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 ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (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 GRANTEE’S profession. MINIMUM LIMITS OF INSURANCE GRANTEE shall procure and maintain for the duration of the contract insurance with limits of liability not less than those set forth below. However, insurance limits available to CITY and STATE 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) $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. 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 : (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. Exhibit B - 3 61650094.v4 UMBRELLA OR EXCESS INSURANCE In the event GRANTEE 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 and STATE and each of their officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS GRANTEE shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and GRANTEE shall also be responsible for payment of any self-insured retentions. Any 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 self-insured retentions as respects CITY and STATE or any of their officers, officials, employees, agents and volunteers; or (ii) GRANTEE 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 (i) 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 has been given to CITY, except ten days for nonpayment of premium. GRANTEE 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, GRANTEE 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, GRANTEE 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. (ii) The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form. (iii) The Commercial General and Automobile Liability insurance policies shall be endorsed to name CITY and STATE and each of their officers, officials, agents, employees and volunteers as an additional insured. GRANTEE shall establish additional insured status for the CITY and STATE for all Exhibit B - 4 61650094.v4 ongoing and completed operations under the Commercial General Liability policy by use of ISO Forms or an executed manuscript insurance company endorsements 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. (iv) The Commercial General and Automobile Liability insurance shall contain, or be endorsed to contain, that the GRANTEE’S insurance shall be primary to and require no contribution from the CITY or STATE. The Commercial General Liability policy is required to include primary and non-contributory coverage in favor of the CITY and STATE for both the ongoing and completed operations coverage. These coverages shall contain no special limitations on the scope of protection afforded to CITY and STATE and each of their officers, officials, employees, agents and volunteers. If GRANTEE maintains higher limits of liability than the minimums shown above, CITY and STATE requires and shall be entitled to coverage for the higher limits of liability maintained by GRANTEE. (v) 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. (vi) For any claims related to this Agreement, GRANTEE’S insurance coverage shall be primary insurance with respect to the CITY and STATE and each of their officers, officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the CITY and STATE and each of their officers, officials, agents, employees and volunteers shall be excess of the GRANTEE’S insurance and shall not contribute with it. (vii) The Workers’ Compensation insurance policy shall contain, or be endorsed to contain, a waiver of subrogation as to CITY and STATE and each of their officers, officials, agents, employees and volunteers. (viii) The Commercial General and Automobile Liability insurance policies shall contain, or be endorsed to contain, a waiver of subrogation as to CITY and STATE and each of their officers, officials, agents, employees and volunteers. If the Professional Liability (Abuse & Molestation) 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 GRANTEE. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. Exhibit B - 5 61650094.v4 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 GRANTEE, GRANTEE must purchase “extended reporting” coverage for a minimum of five (5) 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 CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. PROVIDING OF DOCUMENTS - GRANTEE shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein. All certificates and applicable endorsements are to be received by CITY’s Risk Manager within a reasonable time after execution of this agreement. All non- ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, GRANTEE shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of GRANTEE shall also be required to provide all documents noted herein. SUBCONTRACTORS- If GRANTEE subcontracts any or all of the services to be performed under this Agreement, GRANTEE shall 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 and shall indemnify CITY and STATE if failure to comply with this provision results in damages to the CITY or the GRANTEE. Exhibit C - 1 61650094.v4 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST 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) ! "# " $ Exhibit D - 1 61650094.v4 EXHIBIT D (=1Fg"2-NV.3/g*?Bg&Ng >_egB4WAg ?`fgO;gY\GPg gX5]HQg$aZ6bg V7^IRgg g ')g g#% g 22&0$.12 ')!*2 ("+/22#,% -2 !B+IJ@F<g,K0g8d9CSTD:Lcg:U,[E9Mag K)49+-EN"<,.ENLN/NI0N F#N %GMN5N =B15N2N !0$>N>(N:?6;@E&CN** N.N DJ 7A'3H'83N u©b!7¿°V\¿7",8-¿.#¶l9vª¿b ¿¿$½¿N¿ª[F¿ ]P^we¿/:¹;fm<w«¿Q=:n>u¬¿ x¿_R`ye¿J¿W?¿ 0@ºAgoAz®¿S9BpC{ª¿¾b|%h·1b}T¿ff¿B¼Xa b¯¡¿ ª°&YqDu±¢¿~2¿N¸fi'j95¿r¤¿3¿4bUs§¿a£¿ KbjB5¿»c²Z¿³[E¿(bµ¿L¿M7¤¿)kBd¥¿NNb*F¿j*°@6¿´¿ ¿O?¦¿§¬GH°¿t¿ ¿OI¨¿+¿ ¿ Exhibit E - 1 61650094.v4 EXHIBIT E City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1006 Agenda Date:6/29/2023 Agenda #:1.-F. REPORT TO THE CITY COUNCIL FROM:BRIAN BARR, Director General Services Department BY:CLIFF TRAUGH, Administrative Manager General Services Department SUBJECT Approve the award of a cooperative purchase contract to Haaker Equipment Company Inc. of La Verne, California for the purchase of two Elgin CNG Broom Bear street sweepers in the amount of $1,158,438 for Public Works Street Maintenance Division RECOMMENDATION Staff recommends Council approve the award of a cooperative purchase contract to Haaker Equipment Company Inc. of La Verne, California for the purchase of two Elgin CNG Broom Bear street sweepers in the amount of $1,158,438. EXECUTIVE SUMMARY The Department of Public Works is requesting approval to purchase two Elgin Broom Bear street sweepers, costing $579,219 each, for the total amount of $1,158,438. The two new units will be used by the Streets Division to complete residential and commercial routes currently assigned to older sweepers that have reached the end of their useful life. The General Services Department recommends this purchase based on the age and hours of the street sweepers identified for replacement. The new units will be purchased through a competitively solicited cooperative procurement process administered by Sourcewell, formerly the National Joint Powers Alliance (NJPA). BACKGROUND The Department of Public Works, Street Maintenance Division, is responsible for maintaining the cleanliness of over 1,600 miles of city streets, alleys, and boulevards. This task is accomplished with 21 sweepers running day and night shifts throughout the city. Currently two of these units have been identified for replacement. The City of Fresno has been using Elgin Broom Bear sweepers in the fleet for 23 years and has experienced success in the functionality and durability of this product. The new units will be powered by Compressed Natural Gas, which has proven to be both economical and environmentally conscious. The equipped L9N “Near Zero” engines produce only one tenth of the allowable NOX greenhouse gas emissions and meet the latest EPA standards set in 2017 for this type of equipment. Due to the harsh environment street sweepers operate in, the replacement schedule is set at five years or 10,000 hours whichever comes first. This schedule was revised in 2012, after a thorough analysis by the Municipal Fleet Division found that repair costs were outweighing acquisition costs at the less aggressive ten-year schedule. As street sweepers age past this five-year point, maintenance and repair costs rise significantly. The two units identified for replacement are City of Fresno Printed on 7/18/2023Page 1 of 2 powered by Legistar™ MA/NE 7-0 6/29/2023 APPROVED ON CONSENT File #:ID 23-1006 Agenda Date:6/29/2023 Agenda #:1.-F. currently beyond the recommended replacement schedule. The street sweepers will be purchased through a competitively solicited cooperative procurement process administered by Sourcewell,formerly the National Joint Powers Alliance (NJPA).The purchase contract will be awarded to Haaker Equipment Company who is the City of Fresno’s regional dealer for Elgin,a subsidiary of Federal Signal Corporation.The price per unit is $579,219,this price includes the Sourcewell discount applied to City purchases as well as sales tax at 8.35%. The Purchasing Department has approved this contract and recommends Council to approve. ENVIRONMENTAL FINDING By the definition provided in the California Environmental Quality Act Guidelines Section 15378,the award of this contract does not qualify as a “project.” LOCAL PREFERENCE Local preference was not implemented because this is a cooperative purchase. FISCAL IMPACT No general funds will be used to purchase these items. The funding to cover the purchase cost of the two Elgin CNG Broom Bear Street Sweepers has been included in the FY2023 adopted budget under the operations of the Department of Public Works.The two new street sweepers will be financed through the Master Equipment Lease Purchase Agreement (MELPA)with the first payment expected in FY2024. The source of funding for this project is the Community Sanitation Fund,generated by the collection of customer user fees. Attachments: Minnesota Board Resolutions Sourcewell Comment & Review Elgin Sweeper Contract Sourcewell Evaluation Proposal Opening Record Proof of Publication Sourcewell RFP City of Fresno Printed on 7/18/2023Page 2 of 2 powered by Legistar™ SOURCEWELL STATE OF MINNESOTA Member______________ moved the adoption of the following Resolution: RESOLUTION TO APPROVE SOLICITATION AND/OR RE-SOLICITATION OF CATEGORIES Resolution No. 2021-16 WHEREAS, Sourcewell desires to issue a solicitation, and is seeking permission from the Board to issue a solicitation, for the categories listed on Appendix A, which is attached and incorporated. WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell’s cooperative purchasing and contracting program; and WHEREAS, the Chief Procurement Officer recommends approval of categories detailed above. NOW THEREFORE BE IT RESOLVED that the Board of Directors hereby approves the solicitation of categories. The motion for the adoption of the foregoing resolution was duly seconded by Member ______________ and the following voted in favor: (list names here) and the following voted against: (list names here or “NONE”) whereupon said resolution was declared duly passed and adopted. ATTEST: _________________________________ Clerk to the Board of Directors APPENDIXA SOURCEWELLPROCUREMENTDEPARTMENT BOARDITEMSͲJuly2021 NEWCONTRACTS SupplierName ContractNumber SolicitationTitle Ecopest,Inc. 042821ͲECO "PestManagementServiceswithRelatedProducts" Orkin,LLC 042821ͲORK "PestManagementServiceswithRelatedProducts" IcomAmerica,Inc. 042021ͲICM "PublicSafetyCommunicationsTechnologyandHardwareSolutions" IPAccessInternational042021ͲIAC "PublicSafetyCommunicationsTechnologyandHardwareSolutions" L3HarrisTechnologies,Inc. 042021ͲL3H "PublicSafetyCommunicationsTechnologyandHardwareSolutions" MotorolaSolutions,Inc. 042021ͲMOT "PublicSafetyCommunicationsTechnologyandHardwareSolutions" PURVISSystems,Incorporated 042021ͲPUR "PublicSafetyCommunicationsTechnologyandHardwareSolutions" RadioMobile,Inc. 042021ͲRDO "PublicSafetyCommunicationsTechnologyandHardwareSolutions" Westnet,Inc. 042021ͲWNT "PublicSafetyCommunicationsTechnologyandHardwareSolutions" Zetron,Inc. 042021ͲZET "PublicSafetyCommunicationsTechnologyandHardwareSolutions" CONTRACTEXTENSIONS SupplierName ContractNumber SolicitationTitle HiͲLiteAirfieldServices,LLC062817ͲHLA "AirportConsumableProductswithRelatedSuppliesandServices" NEWezIQCCONTRACTS CompanyName ContractNumber StateͲRegionͲTypeofWork Step1Enterprises,LLC MDͲR1ͲGC01Ͳ052621ͲS1E StateofMarylandͲRegion1ͲGeneralConstruction F.H.Paschen MDͲR1ͲGC02Ͳ052621ͲFHP StateofMarylandͲRegion1ͲGeneralConstruction CentennialContractorsEnterprises MDͲR1ͲGC03Ͳ052621ͲCCE StateofMarylandͲRegion1ͲGeneralConstruction JohnsonͲLauxConstruction MDͲR1ͲGC04Ͳ052621ͲJLC StateofMarylandͲRegion1ͲGeneralConstruction BethelElectricConstructionCompanyof Maryland,LLC MDͲR1ͲE01Ͳ052621ͲBEC StateofMarylandͲRegion1ͲElectricalConstruction SkylineRoofing,Inc.MDͲR1ͲRW01Ͳ052621ͲSKY StateofMarylandͲRegion1ͲRoofing/WaterproofingConstruction VigilContracting,Inc.MDͲR2ͲGC01Ͳ052621ͲVGL StateofMarylandͲRegion2ͲGeneralConstruction KellerBrothers,Inc.MDͲR2ͲGC02Ͳ052621ͲKBI StateofMarylandͲRegion2ͲGeneralConstruction SͲWorksConstructionCorporationMDͲR2ͲGC03Ͳ052621ͲSWC StateofMarylandͲRegion2ͲGeneralConstruction TheMatthewsGroup,Inc.MDͲR2ͲGC04Ͳ052621ͲTMG StateofMarylandͲRegion2ͲGeneralConstruction VigilContracting,Inc.MDͲR2ͲHVAC01Ͳ052621ͲVGL StateofMarylandͲRegion2ͲHVAC/MechanicalConstruction AdrianL.Merton,Inc.MDͲR2ͲHVAC02Ͳ052621ͲALM StateofMarylandͲRegion2ͲHVAC/MechanicalConstruction BethelElectricConstructionCompanyof Maryland,LLC MDͲR2ͲE01Ͳ052621ͲBEC StateofMarylandͲRegion2ͲElectricalConstruction VigilContracting,Inc.MDͲR2ͲE02Ͳ052621ͲVGL StateofMarylandͲRegion2ͲElectricalConstruction SkylineRoofing,Inc.MDͲR2ͲRW01Ͳ052621ͲSKY StateofMarylandͲRegion2ͲRoofing/WaterproofingConstruction NicholsContracting,Inc.MDͲR3ͲGC01Ͳ052621ͲNIC StateofMarylandͲRegion3ͲGeneralConstruction CentennialContractorsEnterprises MDͲR3ͲGC02Ͳ052621ͲCCE StateofMarylandͲRegion3ͲGeneralConstruction Paige Industrial Services, Inc,MDͲR3ͲGC03Ͳ052621ͲPAI StateofMarylandͲRegion3ͲGeneralConstruction VigilContracting,Inc.MDͲR3ͲGC04Ͳ052621ͲVGL StateofMarylandͲRegion3ͲGeneralConstruction VigilContracting,Inc.MDͲR3ͲHVAC01Ͳ052621ͲVGL StateofMarylandͲRegion3ͲHVAC/MechanicalConstruction AdrianL.Merton,Inc.MDͲR3ͲHVAC02Ͳ052621ͲALM StateofMarylandͲRegion3ͲHVAC/MechanicalConstruction BethelElectricConstructionCompanyof Maryland,LLC MDͲR3ͲE01Ͳ052621ͲBEC StateofMarylandͲRegion3ͲElectricalConstruction PaigeIndustrialServices,Inc.MDͲR3ͲE02Ͳ052621ͲPAI StateofMarylandͲRegion3ͲElectricalConstruction SkylineRoofing,Inc.MDͲR3ͲRW01Ͳ052621ͲSKY StateofMarylandͲRegion3ͲRoofing/WaterproofingConstruction PaigeIndustrialServices,Inc.MDͲR3ͲRW02Ͳ052621ͲPAI StateofMarylandͲRegion3ͲRoofing/WaterproofingConstruction PaigeIndustrialServices,Inc.MDͲR3ͲPAC01Ͳ052621ͲPAI StateofMarylandͲRegion3ͲPaving/Concrete/AsphaltConstruction VigilContracting,Inc.MDͲR4ͲGC01Ͳ052621ͲVGL StateofMarylandͲRegion4ͲGeneralConstructionCONSENTAGENDAITEMSStreetSweeperswithRelatedAccessories TeleͲTherapyServices RequestingBoardpermissiontoReͲSolicitthefollowingcategories: RequestingBoardpermissiontoSolicitthefollowingcategories: SewerVacuumandHydroͲExcavationTruckswithRelatedAccessories APPENDIXAContinued CentennialContractorsEnterprises MDͲR4ͲGC02Ͳ052621ͲCCE StateofMarylandͲRegion4ͲGeneralConstruction KellerBrothers,Inc.MDͲR4ͲGC03Ͳ052621ͲKBI StateofMarylandͲRegion4ͲGeneralConstruction SͲWorksConstructionCorporationMDͲR4ͲGC04Ͳ052621ͲSWC StateofMarylandͲRegion4ͲGeneralConstruction VigilContracting,Inc.MDͲR4ͲHVAC01Ͳ052621ͲVGL StateofMarylandͲRegion4ͲHVAC/MechanicalConstruction AdrianL.Merton,Inc.MDͲR4ͲHVAC02Ͳ052621ͲALM StateofMarylandͲRegion4ͲHVAC/MechanicalConstruction BethelElectricConstructionCompanyof Maryland,LLC MDͲR4ͲE01Ͳ052621ͲBEC StateofMarylandͲRegion4ͲElectricalConstruction VigilContracting,Inc.MDͲR4ͲE02Ͳ052621ͲVGL StateofMarylandͲRegion4ͲElectricalConstruction NicholsContracting,Inc.MDͲR5ͲGC01Ͳ052621ͲNIC StateofMarylandͲRegion5ͲGeneralConstruction VigilContracting,Inc.MDͲR5ͲGC02Ͳ052621ͲVGL StateofMarylandͲRegion5ͲGeneralConstruction PaigeIndustrialServices,Inc,MDͲR5ͲGC03Ͳ052621ͲPAI StateofMarylandͲRegion5ͲGeneralConstruction CentennialContractorsEnterprises MDͲR5ͲGC04Ͳ052621ͲCCE StateofMarylandͲRegion5ͲGeneralConstruction VigilContracting,Inc.MDͲR5ͲHVAC01Ͳ052621ͲVGL StateofMarylandͲRegion5ͲHVAC/MechanicalConstruction AdrianL.Merton,Inc.MDͲR5ͲHVAC02Ͳ052621ͲALM StateofMarylandͲRegion5ͲHVAC/MechanicalConstruction BethelElectricConstructionCompanyof Maryland,LLC MDͲR5ͲE01Ͳ052621ͲBEC StateofMarylandͲRegion5ͲElectricalConstruction VigilContracting,Inc.MDͲR5ͲE02Ͳ052621ͲVGL StateofMarylandͲRegion5ͲElectricalConstruction SkylineRoofing,Inc.MDͲR5ͲRW01Ͳ052621ͲSKY StateofMarylandͲRegion5ͲRoofing/WaterproofingConstruction PaigeIndustrialServices,Inc.MDͲR5ͲRW02Ͳ052621ͲPAI StateofMarylandͲRegion5ͲRoofing/WaterproofingConstruction PaigeIndustrialServices,Inc.MDͲR5ͲPAC02Ͳ052621ͲPAI StateofMarylandͲRegion5ͲPaving/Concrete/AsphaltConstruction VigilContracting,Inc.MDͲR6ͲGC01Ͳ052621ͲVGL StateofMarylandͲRegion6ͲGeneralConstruction KellerBrothers,Inc.MDͲR6ͲGC02Ͳ052621ͲKBI StateofMarylandͲRegion6ͲGeneralConstruction PaigeIndustrialServices,Inc.MDͲR6ͲGC03Ͳ052621ͲPAI StateofMarylandͲRegion6ͲGeneralConstruction CentennialContractorsEnterprises MDͲR6ͲGC04Ͳ052621ͲCCE StateofMarylandͲRegion6ͲGeneralConstruction VigilContracting,Inc.MDͲR6ͲHVAC01Ͳ052621ͲVGL StateofMarylandͲRegion6ͲHVAC/MechanicalConstruction PaigeIndustrialServices,Inc.MDͲR6ͲHVAC02Ͳ052621ͲPAI StateofMarylandͲRegion6ͲHVAC/MechanicalConstruction BethelElectricConstructionCompanyof Maryland,LLC MDͲR6ͲE01Ͳ052621ͲBEC StateofMarylandͲRegion6ͲElectricalConstruction VigilContracting,Inc.MDͲR6ͲE02Ͳ052621ͲVGL StateofMarylandͲRegion6ͲElectricalConstruction PaigeIndustrialServices,Inc.MDͲR6ͲRW02Ͳ052621ͲPAI StateofMarylandͲRegion6ͲRoofing/WaterproofingConstruction PaigeIndustrialServices,Inc.MDͲR6ͲPAC02Ͳ052621ͲPAI StateofMarylandͲRegion6ͲPaving/Concrete/AsphaltConstruction ezIQCRENEWALS CompanyName ContractNumber I.B.Abel,Inc. MDͲWMAͲE01Ͳ042419ͲIBA FHPTectonicsCorp. MDͲWMAͲGC01Ͳ042419ͲFTC HiteRoofing MDͲWMAͲR02Ͳ042419ͲHAS TheMatthewsGroup MDͲWMAͲGC02Ͳ042419ͲTMG CarlBelt,Inc. MDͲWMAͲGC03Ͳ042419ͲCBI S&SElectricCo MDͲWMAͲE02Ͳ042419ͲSSE F.H.Paschen,S.N.Nielsen&Associates,LLC MIͲDETͲGCͲBͲ050118ͲFHP MarshallContractingServices MIͲLANͲCͲAͲ050118ͲMCS MarshallContractingServices MIͲLANͲWSUIͲAͲ050118ͲMCS AlliedBuildingServiceCompanyofDetroit,Inc. MIͲLANͲEͲAͲ050118ͲABS F.H.Paschen,S.N.Nielsen&Associates,LLC MIͲGRPͲGCͲBͲ050118ͲFHP AlliedBuildingServiceCompanyofDetroit,Inc. MIͲLANͲGCͲCͲ050118ͲABS AlliedBuildingServiceCompanyofDetroit,Inc. MIͲDETͲHVACͲAͲ050118ͲABS AlliedBuildingServiceCompanyofDetroit,Inc. MIͲDETͲGCͲCͲ050118ͲABS AlliedBuildingServiceCompanyofDetroit,Inc. MIͲDETͲEͲAͲ050118ͲABS MarshallContractingServices MIͲDETͲGCͲAͲ050118ͲMCS AlliedBuildingServiceCompanyofDetroit,Inc. MIͲLANͲHVACͲAͲ050118ͲABS MarshallContractingServices MIͲDETͲWSUIͲAͲ050118ͲMCS MarshallContractingServices MIͲDETͲDEMͲAͲ050118ͲMCS BloomRoofingSystems,Inc. MIͲLANͲRͲAͲ050118ͲBRS MarshallContractingServices MIͲDETͲCͲAͲ050118ͲMCS F.H.Paschen,S.N.Nielsen&Associates,LLC MIͲLANͲGCͲAͲ050118ͲFHP AlliedBuildingServiceCompanyofDetroit,Inc. MIͲGRPͲGCͲCͲ050118ͲABS BloomRoofingSystems,Inc. MIͲGRPͲRͲAͲ050118ͲBRS MarshallContractingServices MIͲLANͲGCͲBͲ050118ͲMCS APPENDIXAContinued AlliedBuildingServiceCompanyofDetroit,Inc. MIͲGRPͲEͲAͲ050118ͲABS AlliedBuildingServiceCompanyofDetroit,Inc. MIͲGRPͲHVACͲAͲ050118ͲABS BloomRoofingSystems,Inc. MIͲDETͲRͲAͲ050118ͲBRS PELConstructionLLC MIͲGRPͲGCͲAͲ050118ͲPGC WesfieldConstructionCo.Inc. NHͲGMVRͲGCͲAͲ061218ͲWCC Jordy&Company COͲGC02Ͳ050219ͲJOR Happel&Associates,Inc. COͲGC01Ͳ050219ͲHAI TritonServices,Inc. KYͲNCͲHVAC01Ͳ062420ͲTRS TheLuskGroup KYͲNCͲGC05Ͳ062420ͲLMC TheLuskGroup KYͲEͲGC03Ͳ062420ͲLMC TritonServices,Inc. KYͲNCͲGC01Ͳ062420ͲTRS F.H.Paschen,S.N.Nielsen&Associates,LLC KYͲNCͲGC04Ͳ062420ͲFHP F.H.Paschen,S.N.Nielsen&Associates,LLC KYͲWͲGC02Ͳ062420ͲFHP F.H.Paschen,S.N.Nielsen&Associates,LLC KYͲEͲGC02Ͳ062420ͲFHP TectaAmericaCorp KYͲNCͲRW02Ͳ062420ͲTEA TectaAmericaCorp KYͲEͲRW02Ͳ062420ͲTEA TheLuskGroup KYͲNCͲRW01Ͳ062420ͲLMC TheLuskGroup KYͲWͲGC03Ͳ062420ͲLMC TheLuskGroup KYͲEͲHVAC01Ͳ062420ͲLMC TheLuskGroup KYͲEͲE02Ͳ062420ͲLMC PlaceServices,Inc. KYͲWͲE01Ͳ062420ͲPLS PlaceServices,Inc. KYͲWͲGC01Ͳ062420ͲPLS PlaceServices,Inc. KYͲEͲE01Ͳ062420ͲPLS TheLuskGroup KYͲWͲHVAC01Ͳ062420ͲLMC TheLuskGroup KYͲNCͲE02Ͳ062420ͲLMC TheLuskGroup KYͲWͲRW01Ͳ062420ͲLMC CalhounConstructionServices KYͲNCͲGC02Ͳ062420ͲCAC TheLuskGroup KYͲWͲE02Ͳ062420ͲLMC TectaAmericaCorp KYͲWͲRW02Ͳ062420ͲTEA PlaceServices,Inc. KYͲNCͲGC03Ͳ062420ͲPLS PlaceServices,Inc. KYͲNCͲE01Ͳ062420ͲPLS PlaceServices,Inc. KYͲEͲGC01Ͳ062420ͲPLS TheLuskGroup KYͲEͲRW01Ͳ062420ͲLMC TheLuskGroup KYͲNCͲHVAC02Ͳ062420ͲLMC ACCOEngineeredSystems,Inc. CAͲRENͲCIRͲM01Ͳ062718ͲAES EnterpriseElectricDatacom CAͲCRͲE01Ͳ062718ͲEED ExpressEnergyServices,Inc. CARENͲSIRͲGL01Ͳ062718ͲEES ACCOEngineeredSystems,Inc. CAͲRENͲSIRͲM01Ͳ062718ͲAES HorizonsConstructionCo.Int'l,Inc CAͲCRͲGB01Ͳ062718ͲHCC VincorConstruction,Inc. CAͲCRͲGB02Ͳ062718ͲVCI ACCOEngineeredSystems,Inc. CAͲCRͲM01Ͳ062718ͲAES ExpressEnergyServices,Inc. CARENͲSCRͲGL01Ͳ062718ͲEES ACCOEngineeredSystems,Inc. CAͲRENͲSCRͲM01Ͳ062718ͲAES Brown&Root MO01AͲ071117ͲBRI VazquezCommercialContracting,LLC MO01BͲ071117ͲVCC TheWilsonGroup MO01CͲ071117ͲTWG ReasbeckConstruction,Inc. MO02AͲ071117ͲRCI Brown&Root MO02BͲ071117ͲBRI TheWilsonGroup MO02CͲ071117ͲTWG Brown&Root MO03BͲ071117ͲBRI VazquezCommercialContracting,LLC MO03CͲ071117ͲVCC ezIQCCONTRACTEXTENSIONS CompanyName ContractNumber SOURCEWELL STATE OF MINNESOTA Member ____________ moved the adoption of the following Resolution: RESOLUTION TO RATIFY COOPERATIVE CONTRACTING AWARDS 12/21/2021 Resolution No. 2021-29 WHEREAS, the Sourcewell Board of Directors previously authorized the solicitations for the cooperative categories listed on Appendix A, which is attached and incorporated; and WHEREAS, Sourcewell issued the cooperative contracting solicitations for the authorized categories; and WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell’s cooperative purchasing and contracting program and to award all competitively solicited contracts, without limitation; and WHEREAS, the Chief Procurement Officer made the awards listed based on the results of the competitive solicitation process; and WHEREAS, the Board acknowledges that the awards made by the Chief Procurement Officer are valid and binding; however, based upon some members’ legal requirements the Chief Procurement Official is required to seek subsequent Board ratification of all cooperative purchasing awards. NOW THEREFORE BE IT RESOLVED by the Board of Directors ratifies the cooperative contracting awards made by the Chief Procurement Officer listed on Appendix A. The motion for the adoption of the foregoing resolution was duly seconded by Member______________ and the following voted in favor: (list names here) and the following voted against: (list names here or “NONE”) whereupon said resolution was declared duly passed and adopted. ATTEST: _________________________________ Clerk to the Board of Directors APPENDIXA SOURCEWELLPROCUREMENTDEPARTMENT BOARDITEMSͲDecember2021 NEWCONTRACTS SupplierName ContractNumber SolicitationTitle ASHNorthAmerica,Inc.093021ͲAEB "StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies" BucherMunicipalNorthAmerica 093021ͲBUC "StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies" Curbtender,Inc.093021ͲCRB "StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies" ElginSweeperCompany 093021ͲELG "StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies" Exprolink,Inc.093021ͲEXP "StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies" FAYATEnvironmentalSolutionsAmericas 093021ͲFAY "StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies" GlobalEnvironmentalProducts,Inc.093021ͲGEP "StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies" SchwarzeIndustries,Inc.093021ͲSWZ "StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies" GapVax,Inc. 101221ͲGPV "SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies" GradallIndustries,Inc. 101221ͲGRD "SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies" HollandPumpCompany 101221ͲHLD "SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies" RingͲOͲMatic,Inc. 101221ͲRGO "SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies" SewerEquipmentCompanyofAmerica 101221ͲSCA "SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies" SuperProducts,LLC101221ͲSPL "SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies" ThompsonPumpandManufacturingCompany 101221ͲTPM "SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies" VacͲCon,Inc. 101221ͲVAC "SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies" VactorManufacturing 101221ͲVTR "SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies" CONTRACTEXTENSIONS SupplierName ContractNumber SolicitationTitle NEWezIQCCONTRACTS CompanyName ContractNumber StateͲRegionͲTypeofWork JeweloftheSouth,Inc.FLͲR1ͲGC01Ͳ111821ͲJOS Region1ͲNorthwestFloridaͲGeneralConstruction F.H.Paschen FLͲR1ͲGC02Ͳ111821ͲFHP Region1ͲNorthwestFloridaͲGeneralConstruction PlaceServices,Inc.FLͲR1ͲGC03Ͳ111821ͲPLA Region1ͲNorthwestFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR1ͲGC04Ͳ111821ͲLRI Region1ͲNorthwestFloridaͲGeneralConstruction NicholsContracting,Inc.FLͲR1ͲGC05Ͳ111821ͲNIC Region1ͲNorthwestFloridaͲGeneralConstruction JohnsonͲLauxConstruction FLͲR1ͲGC06Ͳ111821ͲJLC Region1ͲNorthwestFloridaͲGeneralConstruction AdvancedRoofing,Inc.FLͲR1ͲGC07Ͳ111821ͲADR Region1ͲNorthwestFloridaͲGeneralConstructionCONSENTAGENDAITEMSArtificialTurf,TrackswithInstallation,andRelatedEquipment,Materials,andSupplies RequestingBoardpermissiontoReͲSolicitthefollowingcategories: RequestingBoardpermissiontoSolicitthefollowingcategories: AthleticSurfaceswithInstallation,andRelatedEquipment,Materials,andServices APPENDIXAContinued RAMConstruction&Development,LLC FLͲR1ͲGC08Ͳ111821ͲRAM Region1ͲNorthwestFloridaͲGeneralConstruction MillersPlumbing&Mechanical,Inc.FLͲR1ͲHVAC01Ͳ111821ͲMPM Region1ͲNorthwestFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR1ͲHVAC02Ͳ111821ͲADR Region1ͲNorthwestFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc.FLͲR1ͲHVAC03Ͳ111821ͲMSF Region1ͲNorthwestFloridaͲHVAC/Mechanical NicholsContracting,Inc.FLͲR1ͲE01Ͳ111821ͲNIC Region1ͲNorthwestFloridaͲElectrical AdvancedRoofing,Inc.FLͲR1ͲE02Ͳ111821ͲADR Region1ͲNorthwestFloridaͲElectrical AdvancedRoofing,Inc.FLͲR1ͲRW01Ͳ111821ͲADR Region1ͲNorthwestFloridaͲRoofing/Waterproofing AstraConstructionServices,LLC FLͲR1ͲPAC01Ͳ111821ͲACS Region1ͲNorthwestFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR1ͲPAC02Ͳ111821ͲDMS Region1ͲNorthwestFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR1ͲCC01Ͳ111821ͲDMS Region1ͲNorthwestFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR1ͲCC02Ͳ111821ͲACS Region1ͲNorthwestFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR1ͲCC03Ͳ111821ͲAME Region1ͲNorthwestFloridaͲCivilConstruction JeweloftheSouth,Inc.FLͲR2ͲGC01Ͳ111821ͲJOS Region2ͲNorthCentralWestFloridaͲGeneralConstruction F.H.Paschen FLͲR2ͲGC02Ͳ111821ͲFHP Region2ͲNorthCentralWestFloridaͲGeneralConstruction PlaceServices,Inc.FLͲR2ͲGC03Ͳ111821ͲPLA Region2ͲNorthCentralWestFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR2ͲGC04Ͳ111821ͲLRI Region2ͲNorthCentralWestFloridaͲGeneralConstruction AdvancedRoofing,Inc.FLͲR2ͲGC05Ͳ111821ͲADR Region2ͲNorthCentralWestFloridaͲGeneralConstruction JohnsonͲLauxConstruction FLͲR2ͲGC06Ͳ111821ͲJLC Region2ͲNorthCentralWestFloridaͲGeneralConstruction RAMConstruction&Development,LLC FLͲR2ͲGC07Ͳ111821ͲRAM Region2ͲNorthCentralWestFloridaͲGeneralConstruction HCRConstruction,Inc.FLͲR2ͲGC08Ͳ111821ͲHCR Region2ͲNorthCentralWestFloridaͲGeneralConstruction MillersPlumbing&Mechanical,Inc.FLͲR2ͲHVAC01Ͳ111821ͲMPM Region2ͲNorthCentralWestFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR2ͲHVAC02Ͳ111821ͲADR Region2ͲNorthCentralWestFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc.FLͲR2ͲHVAC03Ͳ111821ͲMSF Region2ͲNorthCentralWestFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR2ͲE01Ͳ111821ͲADR Region2ͲNorthCentralWestFloridaͲElectrical IntegratedFire&SecuritySolutions,Inc.FLͲR2ͲE02Ͳ111821ͲIFS Region2ͲNorthCentralWestFloridaͲElectrical AdvancedRoofing,Inc.FLͲR2ͲRW01Ͳ111821ͲADR Region2ͲNorthCentralWestFloridaͲRoofing/Waterproofing AmiciEngineeringContractors FLͲR2ͲPAC03Ͳ111821ͲAME Region2ͲNorthCentralWestFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR2ͲPAC02Ͳ111821ͲACS Region2ͲNorthCentralWestFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR2ͲPAC03Ͳ111821ͲDMS Region2ͲNorthCentralWestFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR2ͲCC01Ͳ111821ͲDMS Region2ͲNorthCentralWestFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR2ͲCC02Ͳ111821ͲACS Region2ͲNorthCentralWestFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR2ͲCC03Ͳ111821ͲAME Region2ͲNorthCentralWestFloridaͲCivilConstruction JeweloftheSouth,Inc.FLͲR3ͲGC01Ͳ111821ͲJOS Region3ͲNorthCentralEastFloridaͲGeneralConstruction F.H.Paschen FLͲR3ͲGC02Ͳ111821ͲFHP Region3ͲNorthCentralEastFloridaͲGeneralConstruction PlaceServices,Inc.FLͲR3ͲGC03Ͳ111821ͲPLA Region3ͲNorthCentralEastFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR3ͲGC04Ͳ111821ͲLRI Region3ͲNorthCentralEastFloridaͲGeneralConstruction AdvancedRoofing,Inc.FLͲR3ͲGC05Ͳ111821ͲADR Region3ͲNorthCentralEastFloridaͲGeneralConstruction JohnsonͲLauxConstruction FLͲR3ͲGC06Ͳ111821ͲJLC Region3ͲNorthCentralEastFloridaͲGeneralConstruction RAMConstruction&Development,LLC FLͲR3ͲGC07Ͳ111821ͲRAM Region3ͲNorthCentralEastFloridaͲGeneralConstruction HCRConstruction,Inc.FLͲR3ͲGC08Ͳ111821ͲHCR Region3ͲNorthCentralEastFloridaͲGeneralConstruction MillersPlumbing&Mechanical,Inc.FLͲR3ͲHVAC01Ͳ111821ͲMPM Region3ͲNorthCentralEastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR3ͲHVAC02Ͳ111821ͲADR Region3ͲNorthCentralEastFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc.FLͲR3ͲHVAC03Ͳ111821ͲMSF Region3ͲNorthCentralEastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR3ͲE01Ͳ111821ͲADR Region3ͲNorthCentralEastFloridaͲElectrical AdvancedRoofing,Inc.FLͲR3ͲRW02Ͳ111821ͲADR Region3ͲNorthCentralEastFloridaͲRoofing/Waterproofing AstraConstructionServices,LLC FLͲR3ͲPAC01Ͳ111821ͲACS Region3ͲNorthCentralEastFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR3ͲPAC02Ͳ111821ͲDMS Region3ͲNorthCentralEastFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR3ͲPAC03Ͳ111821ͲAME Region3ͲNorthCentralEastFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR3ͲCC01Ͳ111821ͲDMS Region3ͲNorthCentralEastFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR3ͲCC02Ͳ111821ͲACS Region3ͲNorthCentralEastFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR3ͲCC03Ͳ111821ͲAME Region3ͲNorthCentralEastFloridaͲCivilConstruction JeweloftheSouth,Inc.FLͲR4ͲGC01Ͳ111821ͲJOS Region4ͲNortheastFloridaͲGeneralConstruction F.H.Paschen FLͲR4ͲGC02Ͳ111821ͲFHP Region4ͲNortheastFloridaͲGeneralConstruction PlaceServices,Inc.FLͲR4ͲGC03Ͳ111821ͲPLA Region4ͲNortheastFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR4ͲGC04Ͳ111821ͲLRI Region4ͲNortheastFloridaͲGeneralConstruction AdvancedRoofing,Inc.FLͲR4ͲGC05Ͳ111821ͲADR Region4ͲNortheastFloridaͲGeneralConstruction NicholsContracting,Inc.FLͲR4ͲGC06Ͳ111821ͲNIC Region4ͲNortheastFloridaͲGeneralConstruction JohnsonͲLauxConstruction FLͲR4ͲGC07Ͳ111821ͲJLC Region4ͲNortheastFloridaͲGeneralConstruction DavidMancini&Sons,Inc.FLͲR4ͲGC08Ͳ111821ͲDMS Region4ͲNortheastFloridaͲGeneralConstruction HCRConstruction,Inc.FLͲR4ͲGC09Ͳ111821ͲHCR Region4ͲNortheastFloridaͲGeneralConstruction AstraConstructionServices,LLC FLͲR4ͲGC10Ͳ111821ͲACS Region4ͲNortheastFloridaͲGeneralConstruction MillersPlumbing&Mechanical,Inc.FLͲR4ͲHVAC01Ͳ111821ͲMPM Region4ͲNortheastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR4ͲHVAC02Ͳ111821ͲADR Region4ͲNortheastFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc.FLͲR4ͲHVAC03Ͳ111821ͲMSF Region4ͲNortheastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR4ͲE01Ͳ111821ͲADR Region4ͲNortheastFloridaͲElectrical APPENDIXAContinued NicholsContracting,Inc.FLͲR4ͲE02Ͳ111821ͲNIC Region4ͲNortheastFloridaͲElectrical AdvancedRoofing,Inc.FLͲR4ͲRW01Ͳ111821ͲADR Region4ͲNortheastFloridaͲRoofing/Waterproofing AmiciEngineeringContractors FLͲR4ͲPAC01Ͳ111821ͲAME Region4ͲNortheastFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR4ͲPAC02Ͳ111821ͲACS Region4ͲNortheastFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR4ͲPAC03Ͳ111821ͲDMS Region4ͲNortheastFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR4ͲCC01Ͳ111821ͲAME Region4ͲNortheastFloridaͲCivilConstruction DavidMancini&Sons,Inc.FLͲR4ͲCC02Ͳ111821ͲDMS Region4ͲNortheastFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR4ͲCC03Ͳ111821ͲACS Region4ͲNortheastFloridaͲCivilConstruction JeweloftheSouth,Inc.FLͲR5ͲGC01Ͳ111821ͲJOS Region5ͲCentralWestFloridaͲGeneralConstruction F.H.Paschen FLͲR5ͲGC02Ͳ111821ͲFHP Region5ͲCentralWestFloridaͲGeneralConstruction PlaceServices,Inc.FLͲR5ͲGC03Ͳ111821ͲPLA Region5ͲCentralWestFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR5ͲGC04Ͳ111821ͲLRI Region5ͲCentralWestFloridaͲGeneralConstruction AdvancedRoofing,Inc.FLͲR5ͲGC05Ͳ111821ͲADR Region5ͲCentralWestFloridaͲGeneralConstruction NicholsContracting,Inc.FLͲR5ͲGC06Ͳ111821ͲNIC Region5ͲCentralWestFloridaͲGeneralConstruction JohnsonͲLauxConstruction FLͲR5ͲGC07Ͳ111821ͲJLC Region5ͲCentralWestFloridaͲGeneralConstruction DavidMancini&Sons,Inc.FLͲR5ͲGC08Ͳ111821ͲDMS Region5ͲCentralWestFloridaͲGeneralConstruction MillersPlumbing&Mechanical,Inc.FLͲR5ͲHVAC01Ͳ111821ͲMPM Region5ͲCentralWestFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR5ͲHVAC02Ͳ111821ͲADR Region5ͲCentralWestFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc.FLͲR5ͲHVAC03Ͳ111821ͲMSF Region5ͲCentralWestFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR5ͲE01Ͳ111821ͲADR Region5ͲCentralWestFloridaͲElectrical NicholsContractingInc FLͲR5ͲE02Ͳ111821ͲNIC Region5ͲCentralWestFloridaͲElectrical AdvancedRoofing,Inc.FLͲR5ͲRW01Ͳ111821ͲADR Region5ͲCentralWestFloridaͲRoofing/Waterproofing DavidMancini&Sons,Inc.FLͲR5ͲPAC01Ͳ111821ͲDMS Region5ͲCentralWestFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR5ͲPAC02Ͳ111821ͲACS Region5ͲCentralWestFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR5ͲPAC03Ͳ111821ͲAME Region5ͲCentralWestFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR5ͲCC01Ͳ111821ͲDMS Region5ͲCentralWestFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR5ͲCC02Ͳ111821ͲACS Region5ͲCentralWestFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR5ͲCC03Ͳ111821ͲAME Region5ͲCentralWestFloridaͲCivilConstruction JeweloftheSouth,Inc.FLͲR6ͲGC01Ͳ111821ͲJOS Region6ͲCentralFloridaͲGeneralConstruction F.H.Paschen FLͲR6ͲGC02Ͳ111821ͲFHP Region6ͲCentralFloridaͲGeneralConstruction ShiffConstruction&Development,Inc.FLͲR6ͲGC03Ͳ111821ͲSCD Region6ͲCentralFloridaͲGeneralConstruction AdvancedRoofing,Inc.FLͲR6ͲGC04Ͳ111821ͲADR Region6ͲCentralFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR6ͲGC05Ͳ111821ͲLRI Region6ͲCentralFloridaͲGeneralConstruction PlaceServices,Inc.FLͲR6ͲGC06Ͳ111821ͲPLA Region6ͲCentralFloridaͲGeneralConstruction CentennialContractorsEnterprises FLͲR6ͲGC07Ͳ111821ͲCCE Region6ͲCentralFloridaͲGeneralConstruction OvationConstructionCompany FLͲR6ͲGC08Ͳ111821ͲOCC Region6ͲCentralFloridaͲGeneralConstruction HallMechanicalandAirConditioningLLC FLͲR6ͲHVAC01Ͳ111821ͲHMA Region6ͲCentralFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR6ͲHVAC02Ͳ111821ͲADR Region6ͲCentralFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc.FLͲR6ͲHVAC03Ͳ111821ͲMSF Region6ͲCentralFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR6ͲE01Ͳ111821ͲADR Region6ͲCentralFloridaͲElectrical NicholsContracting,Inc.FLͲR6ͲE02Ͳ111821ͲNIC Region6ͲCentralFloridaͲElectrical IntegratedFire&SecuritySolutions,Inc.FLͲR6ͲE03Ͳ111821ͲIFS Region6ͲCentralFloridaͲElectrical AdvancedRoofing,Inc.FLͲR6ͲRW01Ͳ111821ͲADR Region6ͲCentralFloridaͲRoofing/Waterproofing DavidMancini&Sons,Inc.FLͲR6ͲPAC01Ͳ111821ͲDMS Region6ͲCentralFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR6ͲPAC02Ͳ111821ͲACS Region6ͲCentralFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR6ͲPAC03Ͳ111821ͲAME Region6ͲCentralFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR6ͲCC01Ͳ111821ͲDMS Region6ͲCentralFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR6ͲCC02Ͳ111821ͲACS Region6ͲCentralFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR6ͲCC03Ͳ111821ͲAME Region6ͲCentralFloridaͲCivilConstruction JeweloftheSouth,Inc.FLͲR7ͲGC01Ͳ111821ͲJOS Region7ͲCentralEastFloridaͲGeneralConstruction F.H.Paschen FLͲR7ͲGC02Ͳ111821ͲFHP Region7ͲCentralEastFloridaͲGeneralConstruction ShiffConstruction&Development,Inc.FLͲR7ͲGC03Ͳ111821ͲSCD Region7ͲCentralEastFloridaͲGeneralConstruction AdvancedRoofing,Inc.FLͲR7ͲGC04Ͳ111821ͲADR Region7ͲCentralEastFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR7ͲGC05Ͳ111821ͲLRI Region7ͲCentralEastFloridaͲGeneralConstruction PlaceServices,Inc.FLͲR7ͲGC06Ͳ111821ͲPLA Region7ͲCentralEastFloridaͲGeneralConstruction NicholsContracting,Inc.FLͲR7ͲGC07Ͳ111821ͲNIC Region7ͲCentralEastFloridaͲGeneralConstruction AmiciEngineeringContractors FLͲR7ͲGC08Ͳ111821ͲAME Region7ͲCentralEastFloridaͲGeneralConstruction HallMechanicalandAirConditioning,LLC FLͲR7ͲHVAC01Ͳ111821ͲHMA Region7ͲCentralEastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR7ͲHVAC02Ͳ111821ͲADR Region7ͲCentralEastFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc.FLͲR7ͲHVAC03Ͳ111821ͲMSF Region7ͲCentralEastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR7ͲE01Ͳ111821ͲADR Region7ͲCentralEastFloridaͲElectrical NicholsContracting,Inc.FLͲR7ͲE02Ͳ111821ͲNIC Region7ͲCentralEastFloridaͲElectrical IntegratedFire&SecuritySolutions,Inc.FLͲR7ͲE03Ͳ111821ͲIFS Region7ͲCentralEastFloridaͲElectrical AdvancedRoofing,Inc.FLͲR7ͲRW01Ͳ111821ͲADR Region7ͲCentralEastFloridaͲRoofing/Waterproofing DavidMancini&Sons,Inc.FLͲR7ͲPAC01Ͳ111821ͲDMS Region7ͲCentralEastFloridaͲPaving/Asphalt/Concrete APPENDIXAContinued AstraConstructionServices,LLC FLͲR7ͲPAC02Ͳ111821ͲACS Region7ͲCentralEastFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR7ͲPAC03Ͳ111821ͲAME Region7ͲCentralEastFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR7ͲCC01Ͳ111821ͲDMS Region7ͲCentralEastFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR7ͲCC02Ͳ111821ͲACS Region7ͲCentralEastFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR7ͲCC03Ͳ111821ͲAME Region7ͲCentralEastFloridaͲCivilConstruction HarbourConstruction,Inc.FLͲR8ͲGC01Ͳ111821ͲHBC Region8ͲNorthSuncoastFloridaͲGeneralConstruction JeweloftheSouth,Inc.FLͲR8ͲGC02Ͳ111821ͲJOC Region8ͲNorthSuncoastFloridaͲGeneralConstruction F.H.Paschen FLͲR8ͲGC03Ͳ111821ͲFHP Region8ͲNorthSuncoastFloridaͲGeneralConstruction ShiffConstruction&Development,Inc.FLͲR8ͲGC04Ͳ111821ͲSCD Region8ͲNorthSuncoastFloridaͲGeneralConstruction DavidMancini&Sons,Inc.FLͲR8ͲGC05Ͳ111821ͲDMS Region8ͲNorthSuncoastFloridaͲGeneralConstruction AdvancedRoofing,Inc.FLͲR8ͲGC06Ͳ111821ͲADR Region8ͲNorthSuncoastFloridaͲGeneralConstruction CentennialContractorsEnterprises FLͲR8ͲGC07Ͳ111821ͲCCE Region8ͲNorthSuncoastFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR8ͲGC08Ͳ111821ͲLRI Region8ͲNorthSuncoastFloridaͲGeneralConstruction PlaceServices,Inc.FLͲR8ͲGC09Ͳ111821ͲPLA Region8ͲNorthSuncoastFloridaͲGeneralConstruction NicholsContracting,Inc.FLͲR8ͲGC10Ͳ111821ͲNIC Region8ͲNorthSuncoastFloridaͲGeneralConstruction HallMechanicalandAirConditioning,LLC FLͲR8ͲHVAC01Ͳ111821ͲHMA Region8ͲNorthSuncoastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR8ͲHVAC02Ͳ111821ͲADR Region8ͲNorthSuncoastFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc.FLͲR8ͲHVAC03Ͳ111821ͲMSF Region8ͲNorthSuncoastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR8ͲE01Ͳ11182ͲADR Region8ͲNorthSuncoastFloridaͲElectrical NicholsContracting,Inc.FLͲR8ͲE02Ͳ111821ͲNIC Region8ͲNorthSuncoastFloridaͲElectrical IntegratedFire&SecuritySolutions,Inc.FLͲR8ͲE03Ͳ111821ͲIFS Region8ͲNorthSuncoastFloridaͲElectrical AdvancedRoofing,Inc.FLͲR8ͲRW01Ͳ111821ͲADR Region8ͲNorthSuncoastFloridaͲRoofing/Waterproofing DavidMancini&Sons,Inc.FLͲR8ͲPAC01Ͳ111821ͲDMS Region8ͲNorthSuncoastFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR8ͲPAC02Ͳ111821ͲACS Region8ͲNorthSuncoastFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR8ͲPAC04Ͳ111821ͲAME Region8ͲNorthSuncoastFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR8ͲCC01Ͳ111821ͲDMS Region8ͲNorthSuncoastFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR8ͲCC02Ͳ111821ͲACS Region8ͲNorthSuncoastFloridaͲCivilConstruction McKenzieContracting,LLC FLͲR8ͲCC03Ͳ111821ͲMCL Region8ͲNorthSuncoastFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR8ͲCC04Ͳ111821ͲAME Region8ͲNorthSuncoastFloridaͲCivilConstruction ShiffConstruction&Development,Inc.FLͲR9ͲGC01Ͳ111821ͲSCD Region9ͲSouthSuncoastFloridaͲGeneralConstruction JeweloftheSouth,Inc.FLͲR9ͲGC02Ͳ111821ͲJOS Region9ͲSouthSuncoastFloridaͲGeneralConstruction F.H.PaschenFLͲR9ͲGC03Ͳ111821ͲFHP Region9ͲSouthSuncoastFloridaͲGeneralConstruction DavidMancini&Sons,Inc.FLͲR9ͲGC04Ͳ111821ͲDMS Region9ͲSouthSuncoastFloridaͲGeneralConstruction AdvancedRoofing,Inc.FLͲR9ͲGC05Ͳ111821ͲADR Region9ͲSouthSuncoastFloridaͲGeneralConstruction PlaceServices,Inc.FLͲR9ͲGC06Ͳ111821ͲPLA Region9ͲSouthSuncoastFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR9ͲGC07Ͳ111821ͲLRI Region9ͲSouthSuncoastFloridaͲGeneralConstruction CentennialContractorsEnterprises FLͲR9ͲGC08Ͳ111821ͲCCE Region9ͲSouthSuncoastFloridaͲGeneralConstruction HallMechanicalandAirConditioning,LLC FLͲR9ͲHVAC01Ͳ111821ͲHMA Region9ͲSouthSuncoastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR9ͲHVAC02Ͳ111821ͲADR Region9ͲSouthSuncoastFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc.FLͲR9ͲHVAC03Ͳ111821ͲMSF Region9ͲSouthSuncoastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR9ͲE01Ͳ111821ͲADR Region9ͲSouthSuncoastFloridaͲElectrical NicholsContracting,Inc.FLͲR9ͲE02Ͳ111821ͲNIC Region9ͲSouthSuncoastFloridaͲElectrical IntegratedFire&SecuritySolutions,Inc.FLͲR9ͲE03Ͳ111821ͲIFS Region9ͲSouthSuncoastFloridaͲElectrical AdvancedRoofing,Inc.FLͲR9ͲRW01Ͳ111821ͲADR Region9ͲSouthSuncoastFloridaͲRoofing/Waterproofing SalomonConstruction&Roofing FLͲR9ͲRW02Ͳ111821ͲSCR Region9ͲSouthSuncoastFloridaͲRoofing/Waterproofing DavidMancini&Sons,Inc.FLͲR9ͲPAC01Ͳ111821ͲDMS Region9ͲSouthSuncoastFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR9ͲPAC02Ͳ111821ͲACS Region9ͲSouthSuncoastFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR9ͲPAC03Ͳ111821ͲAME Region9ͲSouthSuncoastFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR9ͲCC01Ͳ111821ͲDMS Region9ͲSouthSuncoastFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR9ͲCC02Ͳ111821ͲACS Region9ͲSouthSuncoastFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR9ͲCC03Ͳ111821ͲAME Region9ͲSouthSuncoastFloridaͲCivilConstruction HarbourConstruction,Inc.FLͲR10ͲGC01Ͳ111821ͲHBC Region10ͲSouthernFloridaͲGeneralConstruction ShiffConstruction&Development,Inc.FLͲR10ͲGC02Ͳ111821ͲSCD Region10ͲSouthernFloridaͲGeneralConstruction TeamContracting,Inc.FLͲR10ͲGC03Ͳ111821ͲTCI Region10ͲSouthernFloridaͲGeneralConstruction DavidMancini&Sons,Inc.FLͲR10ͲGC04Ͳ111821ͲDMS Region10ͲSouthernFloridaͲGeneralConstruction AdvancedRoofing,Inc.FLͲR10ͲGC05Ͳ111821ͲADR Region10ͲSouthernFloridaͲGeneralConstruction JeweloftheSouth,Inc.FLͲR10ͲGC06Ͳ111821ͲJOS Region10ͲSouthernFloridaͲGeneralConstruction F.H.Paschen FLͲR10ͲGC07Ͳ111821ͲFHP Region10ͲSouthernFloridaͲGeneralConstruction PlaceServices,Inc.FLͲR10ͲGC08Ͳ111821ͲPLA Region10ͲSouthernFloridaͲGeneralConstruction NicholsContracting,Inc.FLͲR10ͲGC09Ͳ111821ͲNIC Region10ͲSouthernFloridaͲGeneralConstruction AmiciEngineeringContractors FLͲR10ͲGC10Ͳ111821ͲAME Region10ͲSouthernFloridaͲGeneralConstruction JohnsonͲLauxConstruction FLͲR10ͲGC11Ͳ111821ͲJLC Region10ͲSouthernFloridaͲGeneralConstruction CentennialContractorsEnterprises FLͲR10ͲGC12Ͳ111821ͲCCE Region10ͲSouthernFloridaͲGeneralConstruction HallMechanicalandAirConditioning,LLC FLͲR10ͲHVAC01Ͳ111821ͲHMA Region10ͲSouthernFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR10ͲHVAC02Ͳ111821ͲADR Region10ͲSouthernFloridaͲHVAC/Mechanical APPENDIXAContinued MechanicalServicesofCentralFlorida,Inc.FLͲR10ͲHVAC03Ͳ111821ͲMSF Region10ͲSouthernFloridaͲHVAC/Mechanical AdvancedRoofing,Inc.FLͲR10ͲE01Ͳ111821ͲADR Region10ͲSouthernFloridaͲElectrical NicholsContracting,Inc.FLͲR10ͲE02Ͳ111821ͲNIC Region10ͲSouthernFloridaͲElectrical SolaresElectricalServices,Inc.FLͲR10ͲE03Ͳ111821ͲSES Region10ͲSouthernFloridaͲElectrical AdvancedRoofing,Inc.FLͲR10ͲRW01Ͳ111821ͲADR Region10ͲSouthernFloridaͲRoofing/Waterproofing SalomonConstruction&Roofing FLͲR10ͲRW02Ͳ111821ͲSCR Region10ͲSouthernFloridaͲRoofing/Waterproofing DavidMancini&Sons,Inc.FLͲR10ͲPAC01Ͳ111821ͲDMS Region10ͲSouthernFloridaͲPaving/Asphalt/Concrete LanzoConstructionCo.,FL FLͲR10ͲPAC02Ͳ111821ͲLCC Region10ͲSouthernFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR10ͲPAC03Ͳ111821ͲACS Region10ͲSouthernFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR10ͲPAC04Ͳ111821ͲAME Region10ͲSouthernFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc.FLͲR10ͲCC01Ͳ111821ͲDMS Region10ͲSouthernFloridaͲCivilConstruction LanzoConstructionCo.,FL FLͲR10ͲCC02Ͳ111821ͲLCC Region10ͲSouthernFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR10ͲCC03Ͳ111821ͲACS Region10ͲSouthernFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR10ͲCC04Ͳ111821ͲAME Region10ͲSouthernFloridaͲCivilConstruction ezIQCRENEWALS CompanyName ContractNumber InnovativeBuildersofAlexandria,Inc. MNͲNCMͲGC01Ͳ120518ͲIBA MinnesotaExteriors,Inc. MNͲTMAͲR01Ͳ120518ͲMEI KrausͲAndersonConstructionCompany MNͲSEAͲGC03Ͳ120518ͲKRU KrausͲAndersonConstructionCompany MNͲSWAͲGC02Ͳ120518ͲKRU KrausͲAndersonConstructionCompany MNͲNCMͲGC04Ͳ120518ͲKRU InnovativeBuildersofAlexandria,Inc. MNͲRRVͲGC01Ͳ120518ͲIBA McDowallCompany MNͲRRVͲR02Ͳ120518ͲMDC KrausͲAndersonConstructionCompany MNͲIRAͲGC02Ͳ120518ͲKRU SolidRockConstruction MNͲCMAͲGC03Ͳ120518ͲSRC KrausͲAndersonConstructionCompany MNͲTMAͲGC05Ͳ120518ͲKRU NorͲSon,Inc. MNͲIRAͲGC01Ͳ120518ͲNSI NorͲSon,Inc. MNͲSEAͲGC01Ͳ120518ͲNSI NorͲSon,Inc. MNͲTMAͲGC02Ͳ120518ͲNSI RAKConstruction,Inc. MNͲTMAͲGC01Ͳ120518ͲRAK SolidRockConstruction MNͲTMAͲGC03Ͳ120518ͲSRC RAKConstruction,Inc. MNͲCMAͲGC01Ͳ120518ͲRAK NorͲSon,Inc. MNͲNCMͲGC02Ͳ120518ͲNSI NorͲSon,Inc. MNͲCMAͲGC02Ͳ120518ͲNSI NorͲSon,Inc. MNͲRRVͲGC02Ͳ120518ͲNSI NorͲSon,Inc. MNͲSWAͲGC01Ͳ120518ͲNSI BituminousRoadways,Inc. MNͲTMAͲP01Ͳ120518ͲBRI McDowallCompany MNͲTMAͲR02Ͳ120518ͲMDC MinnesotaExteriors,Inc. MNͲSEAͲR01Ͳ120518ͲMEI McDowallCompany MNͲIRAͲR02Ͳ120518ͲMDC SolidRockConstruction MNͲNCMͲGC03Ͳ120518ͲSRC MinnesotaExteriors,Inc. MNͲCMAͲRO1Ͳ120518ͲMEI McDowallCompany MNͲNCMͲR02Ͳ120518ͲMDC KrausͲAndersonConstructionCompany MNͲRRVͲGC03Ͳ120518ͲKRU L.S.BlackConstructors,Inc. MNͲTMAͲGC04Ͳ120518ͲLSB McDowallCompany MNͲCMAͲR02Ͳ120518ͲMDC McDowallCompany MNͲSWAͲR02Ͳ120518ͲMDC MidͲMinnesotaHotMix MNͲCMAͲP01Ͳ120518ͲMHM MinnesotaExteriors,Inc. MNͲNCMͲR01Ͳ120518ͲMEI MinnesotaExteriors,Inc. MNͲRRVͲR01Ͳ120518ͲMEI SolidRockConstruction MNͲSEAͲGC02Ͳ120518ͲSRC AndersonBrothers MNͲNCMͲP01Ͳ120518ͲABC HyͲTecConstruction MNͲNCMͲGC05Ͳ120518ͲHTC MinnesotaExteriors,Inc. MNͲSWAͲR01Ͳ120518ͲMEI KrausͲAndersonConstructionCompany MNͲCMAͲGC04Ͳ120518ͲKRU MinnesotaExteriors,Inc. MNͲIRAͲR01Ͳ120518ͲMEI COMMENT AND REVIEW to the REQUEST FOR PROPOSAL (RFP) #093021 Entitled Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies The following advertisement was placed August 12, 2021 in USA Today, in South Carolina’s The State, in The Oklahoman and on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov, Biddingo, Merx, The New York State Contract Reporter www.nyscr.ny.gov, PublicPurchase.com, and August 13, 2021 in Oregon’s Daily Journal of Commerce: Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 30, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered. The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties expressed interest in the solicitation by registering for this opportunity within the portal: AAA EQUIPMENT Hughes Ventures, Inc. ASH North America, Inc., dba Aebi Schmidt North America, dba M-B Companies, Inc. Kellar Equipment Aries Industries, Inc. MacLean Engineering & Marketing Co., Limited BOMAG America, LLC Makita USA Bonnell Industries, Inc. Manufacturers Solutions Team BOSCHUNG AMERICA, LLC Miner, Ltd. Broadway Ford Truck Sales, Inc. Nescon, LLC Bucher Municipal North America Nilfisk, Inc. CORMIERS ENTERPRISE ODRA, LLC (Challenger Manufacturing, Ltd.) Curbtender, Inc. PAPE MACHINERY Cyclone Technology, LLC Regina Construction Association DocuSign Envelope ID: AA52EE20-2204-46B8-BF09-6AFA4E5BAD4F Sourcewell Page 2 of 5 DuCo, LLC (Schwarze Industries, Inc.) ROOTS MULTICLEAN INC. VICTORY SWEEPERS DIVISION Duffrin Overhead Door and Solu RSS Equipment, Ltd. DULEVO AMERICAS Stepp Manufacturing Company, Inc. Eastern Farm Machinery, Ltd. TITAN MACHINERY, INC. Elgin Sweeper Company (Division of Federal Signal Corp.) Toromont Material Handling, a division of Toromont Industries, Ltd. Exprolink Inc. Triverus, LLC FAYAT Environmental Solutions Americas (RAVO Holding BV) Trombia Technologies FST Canada, Inc. TYMCO, Inc. Garsite Progress, LLC United Rotary Brush Corporation Global Environmental Products, Inc. UtiliTough, Inc. Gradall Industries, Inc. Westvac Industrial, Ltd. Holms, Inc. All Proposals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the Sourcewell Procurement Portal, on September 30, 2021, at 4:36:08 pm CT. Proposals were received from the following: ASH North America, Inc., dba Aebi Schmidt North America, dba M-B Companies, Inc. Aries Industries, Inc. Bonnell Industries, Inc. Bucher Municipal North America Curbtender, Inc. Cyclone Technology, LLC DuCo, LLC (Schwarze Industries, Inc.) Elgin Sweeper Company (Division of Federal Signal Corp.) Exprolink Inc. Global Environmental Products, Inc. Gradall Industries, Inc. Holms, Inc. Hughes Ventures, Inc. Nescon, LLC Nilfisk, Inc. ODRA, LLC (Challenger Manufacturing, Ltd.) RAVO Holding BV, dba FAYAT Environmental Solutions Americas ROOTS MULTICLEAN INC. VICTORY SWEEPERS DIVISION Stepp Manufacturing Company, Inc. Triverus, LLC Trombia Technologies TYMCO, Inc. Proposals were reviewed by the Proposal Evaluation Committee: Kim Austin, MBA, CPPB, Procurement Lead Analyst DocuSign Envelope ID: AA52EE20-2204-46B8-BF09-6AFA4E5BAD4F Sourcewell Page 3 of 5 Michael Muñoz, CPPB, Procurement Analyst Brandon Town, CPSM, CPSD, Procurement Analyst Bill Davison, CPPO, NIGP-CPP, Procurement Analyst The findings of the Proposal Evaluation Committee are summarized as follows: The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that the products and services offered in the proposal response from Aries Industries, Inc., fell outside of the Requested Equipment, Products, or Services of the RFP. All other proposals were found to meet the scope and mandatory submittal requirements and were evaluated. ASH North America, Inc., dba Aebi Schmidt North America, provides chassis-mounted vacuum sweepers, airport sweepers, and electric compact sweepers. Their all-electric sweeper allows for a carbon neutral unit, with a battery life of at least 5000 charging cycles. Aebi Schmidt has a sales team that can serve the US and Canada with a growing dealer network. They are offering a competitive discount off list price and quantity discounts apply for Sourcewell participating entities. Bucher Municipal North America manufactures five models of chassis-mounted vacuum, regenerative air, and mechanical sweepers. They are also offering two models of compact and mid-compact vacuum sweepers. Bucher Municipal has regional sales managers and independently owned dealers located throughout the US and Canada to assist Sourcewell participating entities. They propose a solid discount off list price and access to financing options. Curbtender, Inc., is a manufacturer of chassis-mounted regenerative air, vacuum, and mechanical sweepers. They have regional sales managers and independent sales and service partners throughout US and Canada. Curbtender provides Sourcewell participating entities with an additional one-year, or 2,080 hours, warranty at no charge. They are offering competitive discounts off their standard pricing with available quantity discounts. Curbtender also has options available for financing and leasing of sweeper products. Elgin Sweeper Company produces purpose-built mechanical, chassis-mounted mechanical, regenerative air, and vacuum sweepers. They offer models that utilize alternative fuels such as hybrid electric and compressed natural gas (CNG). Elgin has regional sales managers and a dealer network throughout North America. They are offering discounted pricing off list to Sourcewell participating entities. Exprolink Inc., is the manufacturer of Madvac compact sweepers and litter vacuum vehicles. They offer traditional gas engines, diesel, and electric options for their sweeper models. Exprolink’s sales and dealer network is located throughout the US and Canada. Their pricing reflects a significant discount from MSRP to Sourcewell participating entities with quantity discounts available on orders greater than 5 sweepers. Global Environmental Products, Inc., manufactures compact, mechanical, regenerative air and vacuum sweepers. Hydrogen fuel cell models and a full electric vehicle (EV) Class 7 sweeper offer reduced fuel consumption and a reduction in carbon footprint and Greenhouse Gas Emissions. Global Environmental Products plans to serve Sourcewell’s participating entitles across the US and Canada through a vast dealer network. Global proposes strong pricing discounts on their products off their standard list price. RAVO Holding BV, dba FAYAT Environmental Solutions Americas, is offering their line of street, sidewalk and park lot sweepers including a fully electrically street sweeper option. They have implemented green initiatives including having factories and facilities that are 100% powered by green electricity from wind power. The FAYAT DocuSign Envelope ID: AA52EE20-2204-46B8-BF09-6AFA4E5BAD4F Sourcewell Page 4 of 5 Environmental dealer network covers all of Canada and the majority of the US. Dealers offer sales and service with a documented commitment to providing a high level of customer service. They are offing competitive discounts on pricing. Schwarze Industries, Inc., is a manufacturer of regenerative air sweepers, vacuum sweepers, mechanical sweepers, parking lot sweepers, and high-speed runway sweepers. Products, training, and service are made available to Sourcewell participating entities across the US and Canada though a robust dealer network with available road service within the contiguous US, Hawaii, and Alaska. All products proposed by Schwarze are being provided at significantly discounted rates. For these reasons, the Sourcewell Proposal Evaluation Committee recommends award of Sourcewell Contract #093021 to: ASH North America, Inc., dba Aebi Schmidt North America dba M-B Companies, Inc. #093021-AEB Bucher Municipal North America #093021-BUC Curbtender, Inc. #093021-CRB Elgin Sweeper Company (Division of Federal Signal Corp.) #093021-ELG Exprolink Inc. #093021-EXP Global Environmental Products, Inc. #093021-GEP RAVO Holding BV, dba FAYAT Environmental Solutions Americas #093021-FAY Schwarze Industries, Inc. #093021-SWZ The preceding recommendations were approved on November 15, 2021. __________________________________________ Kim Austin, MBA, CPPB, Procurement Lead Analyst __________________________________________ Michael Muñoz, CPPB, Procurement Analyst __________________________________________ Brandon Town, CPSM, CPSD, Procurement Analyst DocuSign Envelope ID: AA52EE20-2204-46B8-BF09-6AFA4E5BAD4F Sourcewell Page 5 of 5 ___________________________________________ Bill Davison, CPPO, NIGP-CPP, Procurement Analyst STATEMENT OF COMPLIANCE As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #093021 for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies. The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted to the Chief Procurement Officer in Sourcewell’s bylaws, the recommendations set forth above are approved. I hereby certify: 1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts. 2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to Sourcewell’s Procurement Policy. Jeremy Schwartz, CSSBB, CPPO Chief Procurement Officer DocuSign Envelope ID: AA52EE20-2204-46B8-BF09-6AFA4E5BAD4F 093021-ELG Rev. 3/2021 1 Solicitation Number: RFP #093021 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Elgin Sweeper Company, 1300 West Bartlett Road, Elgin, IL 60120 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires November 16, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 093021-ELG Rev. 3/2021 2 Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 093021-ELG Rev. 3/2021 3 returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; 093021-ELG Rev. 3/2021 4 x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 093021-ELG Rev. 3/2021 5 contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: 093021-ELG Rev. 3/2021 6 x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; x Participating Entity Contact Name; x Participating Entity Contact Email Address; x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 093021-ELG Rev. 3/2021 7 by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. 093021-ELG Rev. 3/2021 8 E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 093021-ELG Rev. 3/2021 9 resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. 093021-ELG Rev. 3/2021 10 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. 093021-ELG Rev. 3/2021 11 The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 093021-ELG Rev. 3/2021 12 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 093021-ELG Rev. 3/2021 13 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 093021-ELG Rev. 3/2021 14 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 093021-ELG Rev. 3/2021 15 C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 093021-ELG Rev. 3/2021 16 of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 093021-ELG Rev. 3/2021 17 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. 093021-ELG Rev. 3/2021 18 T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. 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$GGHQGXPBB6WUHHWB6ZHHSHUVB5)3B :HG$XJXVW30 $GGHQGXPBB6WUHHWB6ZHHSHUVB5)3B )UL$XJXVW30 Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co. AebiSchmidtNorthAmericadbaMͲBCompanies,Inc. AriesIndustries,Inc. BonnellIndustriesIncBucherMunicipalNorthAmerica Curbtender,Inc. CycloneTechnologyLLCDuCo,LLC(SchwarzeIndustries,Inc.)ElginSweeperCo.(DivisionofFederalSignalCorp.)Possible PointsConformancetoRFPRequirements5043 - 43 43 42 39 44 41 Pricing400333 - 323 330 336 279 331 330 FinancialViabilityandMarketplaceSuccess7563 - 62 64 60 62 66 61 AbilitytoSellandDeliverService10076 - 78 81 82 71 87 82 MarketingPlan5042 - 43 38 43 36 43 39 ValueAddedAttributes7567 - 62 65 59 53 66 61 Warranty5041 - 40 44 45 41 42 42 DepthandBreadthofOfferedEquipment,Products,orServices200156 - 139 161 157 146 175 167 Total Points 1,000 821 0 790 826 824 727 854 823Rank Order8 22 10.5 4 5 16.5 2 6.5ExprolinkInc.FAYATEnvironmentalSolutionsAmericas(RAVOHoldingBV)GlobalEnvironmentalProducts,Inc GradallIndustries,Inc. Holms,Inc. HughesVentures,Inc. NesconLLC Nilfisk,Inc.Possible PointsConformancetoRFPRequirements5045 43 39 41 35 35 39 39 Pricing400350 331 334 315 240 259 300 301 FinancialViabilityandMarketplaceSuccess7566 65 63 64 51 49 52 57 AbilitytoSellandDeliverService10087 82 84 85 65 56 68 65 MarketingPlan5045 42 39 37 28 32 36 34 ValueAddedAttributes7562 67 63 59 47 50 61 58 Warranty5042 44 41 42 42 38 40 42 DepthandBreadthofOfferedEquipment,Products,orServices200164 149 168 147 126 129 131 126 Total Points 1,000 861 823 831 790 634 648 727 722Rank Order1 6.5 3 10.5 21 20 16.5 18ODRA,LLC(ChallengerManufactureing,Ltd.)ROOTSMULTICLEANINC.VICTORYSWEEPERSDIVISIONSteppManufacturingCompanyInc TriverusLLC TrombiaTechnologies TYMCO,Inc.Possible PointsConformancetoRFPRequirements5043 39 35 41 40 38 Pricing400320 321 323 254 312 297 FinancialViabilityandMarketplaceSuccess7564 55 58 54 58 55 AbilitytoSellandDeliverService10083 61 75 60 69 70 MarketingPlan5041 35 38 36 41 34 ValueAddedAttributes7559 56 49 62 62 63 Warranty5044 38 38 40 41 40 DepthandBreadthofOfferedEquipment,Products,orServices200139 161 113 126 138 161 Total Points 1,000 793 766 729 673 761 758Rank Order91215191314Kim Austin, MBA, CPPB, Procurement Lead Analyst Bill Davison, CPPO, NIGP-CPP, Procurement Analyst Brandon Town, CPSM, CPSD, Procurement Analyst Michael Muñoz, CPPB, Procurement AnalystProposal EvaluationStreet Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies RFP #093021 ProposalOpeningRecord Dateofopening:September30,2021 SourcewellpostedRequestforProposal#093021,fortheprocurementofStreetSweepersandSpecialty Sweepers,withRelatedEquipment,Accessories,andSupplies,ontheSourcewellProcurementPortal [proportal.sourcewellͲmn.gov]onThursday,August12,2021,andthesolicitationremainedinanopenstatus withintheportaluntilSeptember30,2021,at4:30pmCT.TheRFPrequiredthatallproposalsbesubmitted throughtheSourcewellProcurementPortalnolaterthan4:30pmCTonSeptember30,2021,thedateand timespecifiedintheSolicitationSchedule. TheundersignedcertifythatallresponsesreceivedonRequestforProposal#093021weresubmittedthrough theSourcewellProcurementPortal,andthateachProposer’sresponsematerialwasdigitallysealedupon submissionandremainedinaccessibleuntiltheduedateandtimespecifiedintheSolicitationSchedule. Responseswerereceivedfromthefollowing: AebiSchmidtNorthAmericadbaMͲBCompanies,Inc.ͲSubmitted9/30/21at6:42:20AM AriesIndustries,Inc.ͲSubmitted9/30/21at2:57:38PM BonnellIndustries,Inc.ͲSubmitted9/29/21at7:36:40AM BucherMunicipalNorthAmericaͲSubmitted9/30/21at12:08:23PM Curbtender,Inc.ͲSubmitted9/30/21at4:16:45PM CycloneTechnology,LLCͲSubmitted9/30/21at4:02:00PM DuCo,LLC(SchwarzeIndustries,Inc.)ͲSubmitted9/22/21at9:28:53AM ElginSweeper,Co.(DivisionofFederalSignalCorp.)ͲSubmitted9/29/21at4:49:19PM Exprolink,Inc.ͲSubmitted9/28/21at10:06:52AM FAYATEnvironmentalSolutionsAmericas(RAVOHoldingBV)ͲSubmitted9/30/21at11:47:19AM GlobalEnvironmentalProducts,Inc.ͲSubmitted9/27/21at8:10:32AM GradallIndustries,Inc.ͲSubmitted9/29/21at2:35:14PM Holms,Inc.ͲSubmitted9/28/21at9:32:34PM HughesVentures,Inc.ͲSubmitted9/30/21at12:18:40PM Nescon,LLCͲSubmitted9/30/21at2:23:55PM Nilfisk,Inc.ͲSubmitted9/29/21at3:24:21PM ODRA,LLC(ChallengerManufacturing,Ltd.)ͲSubmitted9/29/21at2:50:05PM ROOTSMULTICLEANINC.VICTORYSWEEPERSDIVISIONͲSubmitted9/30/21at11:56:20AM SteppManufacturingCompany,Inc.ͲSubmitted9/02/21at11:04:50AM Triverus,LLCͲSubmitted9/29/21at2:42:09PM TrombiaTechnologiesͲSubmitted9/30/21at4:25:28PM TYMCO,Inc.ͲSubmitted9/29/21at8:33:52PM TheProposalswereopenedelectronically,andalistofallProposerswasmadepubliclyavailableinthe SourcewellProcurementPortal,onSeptember30,2021,at4:36:08PMCT.Allresponsiveproposalswere thensubmittedforreviewbytheSourcewellEvaluationCommittee. ____________________________________________________________________ ChrisRobinson,CPSM,ProcurementManagerCarolJackson,ProcurementAnalyst The New York State Contract Reporter This document printed Wednesday, 08/11/2021 NYS' official source of contracting opportunities Bringing business and government together Contracting Opportunity * * * This ad has not been published. It has been reviewed and pending publication. * * * Title:Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Agency:Sourcewell Division:Procurement Department Contract Number:RFP #093021 Contract Term:4 years Date of Issue:08/12/2021 Due Date/Time:09/30/2021 4:30 PM Due Time is 4:30 pm Central Time. County(ies):All NYS counties Classification:Vehicles & Equipment - Commodities Opportunity Type:General Entered By:Chris Robinson Description:Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 30, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered. Service-Disabled Veteran-Owned Set Aside: No 1 of 2 Contact Information Primary contact:Sourcewell Procurement Department Chris Robinson Procurement Manager 202 12th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-895-4168 rfp@sourcewell-mn.gov Submit to contact:Sourcewell Procurement Department Chris Robinson Procurement Manager 202 12th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-895-4168 rfp@sourcewell-mn.gov © 2021, Empire State Development http://www.esd.ny.gov/ 2 of 2 Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/columbia/home/confirmation.htm... 1 of 1 8/9/2021, 9:21 AM SPORTS E3 U SA TODAY ❚THURSDAY, AUGUST 12, 2021 ❚7C LOS ANGELES – Less than two miles southwest of Dodger Stadium, Trevor Bauer walked into a courthouse here July 23 and faced a judge. A simple question was up for debate: Should the Dodgers pitcher continue to be legally restrained from a woman who has accused him of assault during two sexual encounters at his home this year in Pasadena? The hearing ended up being delayed until next week, when Judge Dianna Gould-Saltman is set to evaluate the ev- idence against Bauer before giving her answer. But much more is at stake as Pasadena police and Major League Baseball continue to investigate. “Everything rises and falls with this hearing, especially for Bauer,” said Da- vid Ring, a Los Angeles attorney who represents sexual abuse victims but is not involved in this case. Here are six clues about what to ex- pect starting Monday, according to court records and information gleaned from the July 23rd court appearance. 1. The woman’s witness list in- cludes a forensic nurse who conduct- ed a sexual assault exam on the wom- an after the second alleged incident in May.The list from July 22 also included three police detectives, an expert on do- mestic violence, the woman’s best friend, her father and Bauer. “It tells me the petitioner believes that they have strong forensic evidence to support her allegations, and that it’s not simply her word against his, but there are other experts and physical evi- dence that would support her story,” said Laurie Levenson, a Loyola Law School professor in Los Angeles. In her request for a restraining order, the woman included photos of facial in- juries. She was diagnosed at a hospital in San Diego after the second encounter with an acute head injury and assault by strangulation. She said Bauer choked her unconscious during both incidents and punched her the second time. Bauer’s representatives have denied the allegations and said his relations with the woman were consensual. In court records, they show digital mes- sages in which the woman asks Bauer for “rough” sex, including being choked out and slapped in the face. They also show messages from her to a cousin, in- cluding one that reads, “It was consen- sual but like didnt expect two black eyes!? Like he def took it too far dont you think lol.” Bauer, 30, has been on paid adminis- trative leave since July 2 after signing a three-year, $102 million contract with the Dodgers in February. 2. A male friend of the woman’s was subpoenaed to testify for Bauer’s case and is among at least three witnesses Bauer’s team has planned to call.The friend came forward with messages be- tween himself and the woman from around the time of her first encounter with Bauer. Bauer’s team is likely to use them to generate doubt about the wom- an’s credibility and motivation for en- gaging with Bauer, whom she said she met on Instagram. The friend asked not to be identified until he testifies because of the sensitivity of the situation. “The defense is going to focus on un- dercutting the petitioner’s credibility, and one way to undercut their credibil- ity is to have witnesses come up with ul- terior motives in bringing these allega- tions,” Levenson said. USA TODAY Sports obtained at least some of messages provided by the friend and asked the opinion of an attor- ney who is not involved in this case but also has represented sex abuse survi- vors. “I don’t think we have enough infor- mation to reach any larger conclusions about what did or didn’t happen,” based on the friend’s messages provided to USA TODAY, said John Clune, the attor- ney. 3. It is expected to be a mini-trial lasting several days. Ten or more wit- nesses could be called to testify in the state court of Judge Gould-Saltman. This is unusual for a civil hearing about a temporary restraining order (TRO). In a normal sexual assault case, the suspect typically might be arrested and then ordered to stay away from the ac- cuser by a judge in a criminal court. In this case, Bauer has not been ar- rested or charged because law enforce- ment has not determined whether there is enough evidence to do so. In the meantime, the woman asked for a tem- porary restraining order against Bauer in civil court, saying she waited to do so to see how the criminal investigation would proceed and was concerned that no arrest had been made. “I am scared and in fear,” she said in court docu- ments in June. The court granted that request and set this hearing to decide whether it should remain in force. “It’s like the TRO of the century,” Lev- enson said. “What’s odd in this one is police and law enforcement authorities have not decided whether they’re going to move forward in this case. They haven’t made those credibility calls, so all of that is being put on the TRO proc- ess.” 4. The proceedings could be highly influential beyond whether the court restrains Bauer from the woman.If this wasn’t clear before, it was July 23, when Bauer’s agent, Jon Fetterolf, at- tended the delayed hearing, along with several other lawyers and witnesses for both sides. Both police and MLB have a keen interest in seeing what comes out of this hearing because they have not made a decision about Bauer’s culpabil- ity. “It could actually turn the police in- vestigation one way or the other,” said Ring, who has represented one of the women in the rape cases against film producer Harvey Weinstein. “If I’m the police and I know this hearing is going forward relatively soon … why rush when you’ve got this spectacle of a hear- ing and maybe it assists you with decid- ing whether there’s going to be an arrest or not?” Likewise, Levenson said in police in- vestigations “you usually have just one side asking questions,” as opposed to two sides in a hearing like this. “So there’s a lot to be learned,” she said. Whether MLB disciplines Bauer de- pends on what Commissioner Rob Manfred considers to be “just cause” for such discipline under baseball’s joint domestic violence, sexual assault and child abuse policy. A criminal convic- tion is not required for that. If the judge believes there’s enough evidence against Bauer to keep the re- straining order in place, theoretically that increases the pressure for MLB to keep him away from baseball, too, or vice versa. 5. Bauer will be there, as well as the woman.They sat only about 6 feet apart when they appeared in court July 23. But Bauer might invoke his Fifth Amendment right not to testify against himself when called to the witness stand. His lawyer, Shawn Holley, has advised him to do so because anything he says in court could be used against him in the pending criminal investiga- tion. Will he listen to his attorney? On July 23, Holley suggested the judge “ask him at the appropriate time whether he intends to follow my advice.” Attorneys for the woman estimated that Bauer and the woman each will tes- tify for two hours, helping set up a deci- sion for the judge about whom to be- lieve. Messages between the two will be part of the evidence. Her legal team even assembled them into a poster to show in court July 23. For example, her request for a restraining order included copies of messages between them, in- cluding one in which she referenced head and facial injuries. “I feel so bad that this happened,” Bauer responded, according to her court filing. “Wish I could be there with you through it.” 6. It could get delayed again or might not happen at all. The hearing scheduled for July 23 was kicked around to several different courtrooms before ending up in the court of Gould- Saltman, whose job is to determine whether the evidence warrants the is- suance of a permanent restraining or- der. Then the hearing got delayed to Aug. 2 before being continued again to Aug. 16. In the meantime, Bauer could try to make the case go away by paying the woman a settlement. If he did, what would MLB do? Would he return to the Dodgers after all of this? Stay tuned. Bauer restraining order hearing looms Brent Schrotenboer USA TODAY The Dodgers’ Trevor Bauer remains on administrative leave imposed by MLB. MARK J. REBILAS/USA TODAY SPORTS BMX racer who ‘nearly died’ at Olympics undergoing rehab BMX racer Connor Fields is undergo- ing evaluation and rehabilitation for a brain hemorrhage he suffered at the To- kyo Olympics during a crash that Fields said was nearly fatal. “Do people realize I nearly died?” he wrote on Twitter in response to com- ments that the Paris Games are only three years away. “Brain hemmorage? [sic] No memo- ry.... Maybe I’m not ready to commit to that yet? Can we chill for just a sec? Maybe focus on lunch next week first....” Fields, 28, is being treated at the Uni- versity of Utah Craig H. Neilsen Reha- bilitation Hospital in Salt Lake City and will be there for a month, his father told USA TODAY Sports on Wednesday. “They’re optimistic he’ll be all right,” Mike Fields said by text message. “They’re terrific, and Connor is doing well.” Connor Fields, a gold medalist at the 2016 Olympics, was a medal favorite at the Tokyo Games before crashing July 29 in a semifinal heat. In addition to the brain hemorrhage, he suffered a bro- ken rib and bruised lung in the crash. – Josh Peter Seahawks release Aldon Smith Aldon Smith’s time with the Sea- hawks was short as the NFL team re- leased the defensive end Wednesday. Smith was reinstated by the league in the spring of 2020 after missing four seasons due to off-field issues. He ap- peared in 16 games for the Cowboys last season and had five sacks along with 48 tackles. He signed a one-year deal with Seat- tle in April but was arrested two days later on a second-degree battery charge in St. Bernard Parish near New Orleans. He is scheduled to be arraigned later this month. Even though Smith missed the off- season program, Seahawks head coach Pete Carroll said early in training camp that the team was ready to support Smith. Smith was the 11th overall pick by the 49ers in the 2011 draft. He set an NFL record with 33 1⁄2 sacks in his first two seasons before his career spiraled out of control due to multiple drunken driving charges. He was also arrested in 2018 on a do- mestic violence charge in San Francis- co. – The Associated Press Report: Ex-NWSL coach emotionally abused players One day after the NWSL’s Washing- ton Spirit announced that former coach Richie Burke was being reassigned to the organization’s front office, a report came out that alleges Burke was emo- tionally abusive toward players. In the report from The Washington Post, former Spirit defender Kaiya McCullough said she quit the sport last season because of Burke’s treatment. The Post said McCullough is one of at least four players who have left the club because of Burke. “I was 100% in a situation where I was being emotionally abused by Ri- chie,” McCullough told The Washington Post. “He created this environment where I knew I wasn’t playing as well, because I was so, so scared to mess up and be yelled at. It crippled my perfor- mance, and it made me super anxious.” McCullough also told the Post that Burke made racially insensitive jokes off the field that made her feel “very un- comfortable.” McCullough identifies as Black. “He made me hate soccer,” McCul- lough added. The Spirit had announced Tuesday that Burke was being reassigned, citing health issues. But Wednesday, after the report was published, Spirit managing partner Steve Baldwin issued a state- ment indicating The Washington Post contacted the organization “on the heels” of the team’s announcement of Burke’s reassignment. “We take these allegations very seri- ously and are undertaking an immedi- ate investigation,” Baldwin said in the statement. “Burke has been suspended pending the investigation and is prohib- ited from contacting players and staff and our facilities. We, as a team, will not tolerate any situation for our players and staff that is less than professional. Our athletes, and all of those who sup- port them, deserve the absolute best.” The Post said the NWSL confirmed an investigation, under the league’s an- ti-harassment policy. The Post reported that two players spoke to the newspaper under the con- dition of anonymity, citing concerns of retaliation. The report also indicated that a fourth player declined to comment, but that the allegations of abusive behavior were corroborated by two other people with knowledge of the situation. – Lorenzo Reyes NEWS NOTEBOOK Advertise Today! (800) 397-0070 PLACE YOUR AD in USA TODAY Marketplace! Call: (800) 397-0070 Ifyouoralovedonehas beendiagnosedwith ovariancancerafterusing talcumbasedproducts youmaybeentitledto significantcompensation 800-208-3526 TALCUM POWDER SETTLEMENT GET NOTICED! Advertise in USA TODAY’s Marketplace!Call:1-800-397-0070 To view more Classified listings, visit: classifieds.usatoday.com NOTICES PUBLIC NOTICE This is a De Jure Grand Jury Finding of Facts that the grievances brought before the Grand Jury on this day, June 26 in the year of our Lord, 2021, in a Presentment of Declaration by People assembled in Hawaii state have been found to be true and correct. Therefore, the Grand Jury finds that the People in Hawaii state shall assemble to re-assemble a De Jure Constitutional Republic. This entire document may be viewed by internet at: http://national-assembly.net/blog/index.php/na-blog/ hawaii-general-jural-assembly-public-notice Notice to Agents is notice to Principals. Notice to Principals is notice to Agents. The content of this notice is not the opinion or claims of this News Paper publication, its employees or management. MARKETPLACE HEALTH/FITNESS ATTENTION Ifyou’vehadHerniaSurgery andhave experiencedany 800-478-7176800-478-7176 CALL THE HERNIA MESH HELPLINE NOW AT you may be entitled to COMPLICATIONS SIGNIFICANT CASH COMPENSATION. FINANCIAL SERVICES IMPROVE YOUR CREDIT SCORE Are you getting hit with high interest rates because of a low credit score? Improve it today! 800-852-4931 FREEConsultation FREECreditEvaluation BUSINESS Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 30, 2021, at 4:30pm CentralTime, and late proposals will not be considered. PUBLIC NOTICE HEALTH/FITNESS Notice Basic Information Details Dates Contact Information Pre-Bidding Events Bid Submission Process Estimated Contract Value (CAD)$48,000,000.00 (Not shown to suppliers) Reference Number 0000206364 Issuing Organization Sourcewell Owner Organization Solicitation Type RFP - Request for Proposal (Formal) Solicitation Number RFP# 093021 Title Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Source ID PP.CO.USA.868485.C88455 Location All of Canada, All of Canada Purchase Type Duration:4 years Description Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 30, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered. Publication 2021/08/12 10:45:00 AM EDT Question Acceptance Deadline 2021/09/23 05:30:00 PM EDT Questions are submitted online No Bid Intent Not Available Closing Date 2021/09/30 05:30:00 PM EDT Prebid Conference 2021/09/01 11:00:00 AM EDT Procurement Department 218-894-1930 rfp@sourcewell-mn.gov Event Type Prebid Conference Attendance Recommended Event date 2021/09/01 11:00:00 AM EDT Location WebEx Conference Event Note Login information will be emailed two business days prior to the event. Bid Submission Type Electronic Bid Submission Pricing In attached document Pricing In attached document Bid Documents List Item Name Description Mandatory Bid Documents Documents defining the proposal Yes RFP# 093021 - Street Sweepers and Specialty Sweepers, with Re... 2021/08/12 10:44:08 AM EDT Page 1 of 3 Documents Documents Document Size Uploaded Date Language RFP #093021 - Street Sweepers and Specialty Sweepers [pdf]171 Kb 2021/08/12 10:36:43 AM EDT English RFP# 093021 - Street Sweepers and Specialty Sweepers, with Re... 2021/08/12 10:44:08 AM EDT Page 2 of 3 Categories Selected Categories GSIN Category (1) G Goods Goods N38 Construction, Mining, Excavating And Highway Maintenance Equipment Construction, Mining, Excavating And Highway Maintenance Equipment N3825 ROAD CLEARING AND CLEANING EQUIPMENT Road Clearing and Cleaning Equipment Includes Motorized Sweepers; Motorized Snowplows; Motorized Street Sprinklers; Road Marketing Machines. MERX Category (1) G Goods Goods G28 Special Purpose Vehicles Special Purpose Vehicles RFP# 093021 - Street Sweepers and Specialty Sweepers, with Re... 2021/08/12 10:44:08 AM EDT Page 3 of 3 Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 1 RFP #093021 REQUEST FOR PROPOSALS for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Proposal Due Date: September 30, 2021, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 30, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: August 12, 2021 Pre-proposal Conference: September 1, 2021, 10:00 a.m., Central Time Question Submission Deadline: September 23, 2021, 4:30 p.m., Central Time Proposal Due Date: September 30, 2021, 4:30 p.m., Central Time Late responses will not be considered. Opening: September 30, 2021, 6:30 p.m., Central Time See RFP Section V.G. “Opening” Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 2 I. ABOUT SOURCEWELL A. SOURCEWELL Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services. Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users. Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. USE OF RESULTING CONTRACTS In the United States, Sourcewell’s contracts are available for use by: • Federal and state government entities; • Cities, towns, and counties/parishes; • Education service cooperatives; • K-12 and higher education entities; • Tribal government entities; • Some nonprofit entities; and • Other public entities. In Canada, Sourcewell’s contracts are available for use by: • Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 3 • Members of the Rural Municipalities of Alberta (RMA) and their represented Associations: MASH (municipalities, academic institutions, schools and hospitals) and MUSH (municipalities, universities, schools and hospitals) sectors, and other governmental agencies eligible to use the Sourcewell contracts. MASH and MUSH sector refers to regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities, as well as any corporation or entity owned or controlled by one or more of the preceding entities, including but not limited to represented associations, Saskatchewan Association of Rural Municipalities ("SARM"), Association of Manitoba Municipalities ("AMM"), Local Authorities Services/Association of Municipalities Ontario ("LAS/AMO", excluding the cities of Toronto and Ottawa), Nova Scotia Federation of Municipalities (“NSFM”), Federation of Prince Edward Island Municipalities (“FPEIM”), Municipalities Newfoundland Labrador (“MNL”), Union of New Brunswick Municipalities (“UNBM”), North West Territories Association of Communities ("NWTAC") and their members. RMA Participants may include all not-for-profit agencies for Canadian provinces and territories. For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-for- vendors/agency-locator. Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources. To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In the United States each state-level procurement department receives notice for possible re-posting. Proof of publication will be available at the conclusion of the solicitation process. II. SOLICITATION DETAILS A. SOLUTIONS-BASED SOLICITATION This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 4 B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. 1. Sourcewell is seeking proposals for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies intended or designed for the sweeping, vacuuming, or cleaning of streets, roadways, alleys, parking facilities, sidewalks, trails, paths, and airport runway or airfield surfaces, such as: a. Street, sidewalk, parking lot, and runway sweeping and cleaning equipment of every size, model, or design; b. Litter, trash, and debris vacuums; and, c. Supplies and replacement or wear parts related to the offering of the solutions in subsections 1. a. – b. above. 2. Sourcewell is seeking a wide variety and range of the equipment described in Section 1. a. – c. above by: 1) purpose-built, chassis-mounted, trailer-mounted, or walk-behind/beside design; 2) engine type, including conventional internal combustion, natural gas, or propane autogas, hybrid or alternative fuels, and electric powered solutions; and, 3) optional equipment or accessory offerings. 3. The primary focus of this solicitation is on Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies, and the related offering of equipment, supplies and services. This solicitation should NOT be construed to include “services only” solutions. 4. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell: a. Snow and Ice Handling Equipment, Supplies, and Accessories (RFP #080818); b. Facility MRO (Maintenance, Repair & Operations), Industrial & Building Supplies with Related Equipment, Accessories, Supplies & Services (RFP #121218); c. Airport Runway and Emergency Equipment with Related Accessories (RFP #030619); d. Janitorial Supplies and Equipment with Related Services (RFP #101320); e. Grounds Maintenance Equipment, Attachments, and Accessories with Related Services (RFP #031121); and, f. Roadway Maintenance Equipment (RFP #080521). Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed. Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 5 Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third- party contractors, to properly install and bring to operation the equipment or products being proposed. Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract. Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities. C. REQUIREMENTS It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities. 1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes. 2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services. 3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. 4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational. 5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 6 D. ANTICIPATED CONTRACT TERM Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an optional one year extension that may be offered based on the best interests of Sourcewell and its Participating Entities. E. ESTIMATED CONTRACT VALUE AND USAGE Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $48 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed. F. MARKETING PLAN Proposer’s sales force will be the primary source of communication with Participating Entities. The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award. G. ADDITIONAL CONSIDERATIONS 1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. 2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products. 3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 4. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. III. PRICING A. REQUIREMENTS All proposed pricing must be: Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 7 1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. 2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price. 3. Stated in U.S. and Canadian dollars (as applicable). 4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location). Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal. B. ADMINISTRATIVE FEES Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. IV. CONTRACT Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation. Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 8 To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered. Exceptions must: 1. Clearly identify the affected article and section. 2. Clearly note the requested modification; and as applicable, provide requested alternative language. Unclear requests will be automatically denied. Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature. If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked. V. RFP PROCESS A. PRE-PROPOSAL CONFERENCE Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Supplier Account. Pre-proposal conference attendance is optional. B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 9 C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time. If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to: i) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above. D. PROPOSAL SUBMISSION Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time. It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues. Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at support@bidsandtenders.ca. Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 10 To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Supplier Account and register for this solicitation opportunity. Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law. E. GENERAL PROPOSAL REQUIREMENTS Proposals must be: • In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected. • Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English. • Valid and irrevocable for 90 days following the Proposal Due Date. Any and all costs incurred in responding to this RFP will be borne by the proposer. F. PROPOSAL WITHDRAWAL Prior to the proposal deadline, a proposer may withdraw its proposal. G. OPENING The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule. To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time. Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 11 VI. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following: • The number of and geographic location of: o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities’ use. o A proposer’s sales and service network to assure availability of product supply and coverage to meet Participating Entities’ anticipated needs. • Total evaluation scores. • The attributes of proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product. B. AWARD(S) Award(s) will be made to the proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal): Conformance to RFP Requirements 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan 50 Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400 TOTAL POINTS 1000 Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 12 C. PROTESTS OF AWARDS Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received no later than 10 calendar days’ following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained A protest must include the following items: • The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number; • A precise statement of the relevant facts; • Identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest; • Any additional supporting documentation; • The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty). Protests that do not address these elements will not be reviewed. D. RIGHTS RESERVED This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected. Sourcewell reserves the right to: • Modify or cancel this RFP at any time; • Reject any and all proposals received; • Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; • Waive or modify any informalities, irregularities, or inconsistencies in the proposals received; Rev. 3/2021 Sourcewell RFP #093021 Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Page 13 • Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer; • Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and • Award a contract to one or more proposers if it is in the best interest of Participating Entities. E. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety. Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. 8/13/2021 Addendum No. 1 Solicitation Number: RFP 093021 Solicitation Name: Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Consider the following Amendment, and the Question and Answer, to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. RFP Amendment: To provide additional clarity on the requested equipment, products, or services of this solicitation, RFP Subsection II. B. 4. c. is revised to read as follows (new text in italics): * * * * c. Airport Runway and Emergency Equipment with Related Accessories (RFP #030619), with the exception of sweeping, vacuuming, or cleaning equipment identified in subsections 1. a. and 1. b. above; * * * * The remainder of the RFP content remains unchanged. Question 1: Does this RFP include sweepers for cleaning airport runways, taxiways, ramps and related surfaces at airports and airfields? Answer 1: Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based on detailed specifications. Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in the RFP. Refer to RFP Section II. B. – Requested Equipment, Products, or Services, and the amendment immediately above. End of Addendum Acknowledgement of this Addendum to RFP 093021 posted to the Sourcewell Procurement Portal on 8/13/2021, is required at the time of proposal submittal. 8/25/2021 Addendum No. 2 Solicitation Number: RFP 093021 Solicitation Name: Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Is it better to bid as a manufacturer or through a dealer, distributor, or importer? Answer 1: In the competitive process, Sourcewell will not advise a proposer on the manner in which it should submit a proposal. It is left to the discretion of each proposer to articulate and propose the approach that aligns with its business methods and satisfies the requirements of the RFP. Proposals are evaluated based on the criteria stated in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 093021 posted to the Sourcewell Procurement Portal on 8/25/2021, is required at the time of proposal submittal. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1046 Agenda Date:6/29/2023 Agenda #: 1.-G. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager Office of Mayor & City Manager BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities SUBJECT Actions pertaining to temporary water service for fire suppression within Fancher Creek Town Center: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2. Approve a Temporary Water Service Agreement with Bakman Water Company City of Fresno Printed on 7/18/2023Page 1 of 1 powered by Legistar™ MA/NE 7-0 APPROVED ON CONSENT 6/29/2023 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-988 Agenda Date:6/29/2023 Agenda #: 1.-H. REPORT TO THE CITY COUNCIL FROM:ALMA G. TORRES, Deputy City Manager Office of Mayor & City Manager SUBJECT Approve the third amendment to the animal control services agreement between the City of Fresno and Fresno Humane Animal Services in the amount not to exceed $2,321,500 for a five-month term beginning July 1, 2023 to November 30, 2023. RECOMMENDATION Staff recommends that the City Council approve the third amendment to the animal control services agreement between the City of Fresno and Fresno Humane Animal Services (FHAS) to extend the current services agreement for a period not to exceed five months effective July 1, 2023, to November 30, 2023. EXECUTIVE SUMMARY In May of 2022, the city entered into a 14-month agreement with Fresno Humane Animal Services (FHAS) for the legally mandated animal control services and operation of the City’s Animal Center. The agreement is set to expire on June 30, 2023. On April 26, 2023, the City received notice from FHAS of their intent to not renew the existing contract and the City began the processes necessary for transitioning the operations in-house. Due to the various steps that will be necessary to transition operations, including creating job titles, scopes, pay ranges, determining bargaining units, entering into vendor contracts and agreements, etc., the City anticipates that the process will not exceed more than five months. During this time, FHAS will continue to provide the services as previously agreed in the current contract without any changes to the current terms. BACKGROUND In May of 2022, the city entered into a 14-month agreement with Fresno Humane Animal Services to provide all animal control, pound master, veterinary and sheltering operations at the City’s Animal Center facility and related activities authorized and required by applicable law including California Food and Agriculture Code sections 31105, 31106, California Penal Code section 597f and Fresno Municipal Code sections 10-301 to 10-329 to the City of Fresno (City). On April 26, 2023, FHAS notified the City of their intent to not renew the contract and of their willingness to extend the current contract to allow sufficient time for the City to transition the operations of the center internally. Staff has determined that due to the various processes that will be necessary to transition this operation to City of Fresno Printed on 7/18/2023Page 1 of 2 powered by Legistar™ 6/29/2023 MA/LC 7-0 File #:ID 23-988 Agenda Date:6/29/2023 Agenda #: 1.-H. has determined that due to the various processes that will be necessary to transition this operation to inhouse,such as creating the various job titles,job scopes,pay ranges,bargaining unit assignments, establishing contracts and agreements with vendors,a period of five months beginning on July 1, 2023 will be necessary to complete the transition. This amendment does not change any of the terms of the original agreement. Funding for this extension is included in the FY2024 Proposed Budget and Council action is necessary to continue to receive services and process reimbursements to FHAS. ENVIRONMENTAL FINDINGS This is not a project under California Environmental Quality Act (CEQA)pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Fresno Humane is considered local pursuant to Fresno Municipal Code Sec. 4-109. FISCAL IMPACT The FY 2024 Adopted Budget includes sufficient appropriations to support this extension. Attachment: Third Amendment to Services Agreement City of Fresno Printed on 7/18/2023Page 2 of 2 powered by Legistar™ 1 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered into effect the _____ day of June 2023, between the City of Fresno, a California municipal corporation (City), and Fresno Humane Animal Services, a California Non-Profit Public Benefit Corporation (Service Provider). RECITALS WHEREAS, the City and the Service Provider entered into an agreement on May 12, 2022 (Agreement), to provide all services required by law for animal control, pound master, veterinary, animal sheltering and all related services for the Animal Center (Project); and WHEREAS, the City and Service Provider entered into an amendment on October 7, 2022, to create a $300,000 cash account to allow the Service Provider to be paid more quickly; and WHEREAS, the City and the Service Provider entered into a second amendment on February 24, 2023, to increase the cash account up to $600,000; and WHEREAS, the City and Service Provider desire to extend the term of the Agreement to November 30, 2023; and Service Provider’s compensation by $2,321,500. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. Service Provider’s compensation shall increase by $2,321,500, for a total of $___________, for the performance of services as described in the Agreement 2. In the event of any conflict between the body of this Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the Parties, provided for within the body of this Amendment, shall be null and void. 3. Except as otherwise provided herein, the Agreement entered into by the City and the Service Provider on May 12, 2022, and amended on October 7, 2022, and February 24, 2023, remain in full force and effect. [Signatures follow on the next page.] 2 IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. City of Fresno, A California municipal corporation By: Georgeanne A. White City Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy Fresno Humane Animal Services, a California Non-Profit Public Corporation 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) Addresses: City: City of Fresno Attention: Gregory Barfield, Assistant City Manager City Hall 2600 Fresno Street, Room 2097 Fresno, CA 93721-3601 Telephone No: (559) 621-7770 E-mail: gregory.barfield@fresno.gov Service Provider: Fresno Humane Animal Services. Attention: Brenda Mitchell, President 1510 W. Dan Ronquillo Way Fresno, CA 93706 Telephone No: (559) 600-7387 E-mail: bmitchell@fresnohumane.org 1 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into effect the 7th day of October 2022, between the City of Fresno, a California municipal corporation (City), and Fresno Human Animal Services, a California Non-Profit Public Benefit Corporation (Service Provider). RECITALS WHEREAS, the City and the Service Provider entered into an agreement on May 12, 2022 (Agreement), to provide all services required by law for animal control, pound master, veterinary, animal sheltering and all related services for the Animal Center (Project); and WHEREAS, the City and Service Provider entered into an amendment on October 7, 2022, to create a $300,000 cash account to allow the Service Provider to be paid more quickly; and WHEREAS, the City and the Service Provider desire to modify the Agreement to increase the cash account up to $600,000. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. Section 3, Compensation shall be amended and the following will be added to the first paragraph: The City will advance Fresno Humane a one-time payment of up to $600,000 for future reimbursements (Cash Account). Fresno Humane will submit invoices to the City to support monthly ‘Actuals’ drawdowns and for reimbursements thereof, when the City remits reimbursement for these ‘Actuals’, the reimbursement will replenish the Cash Account. Any unspent amounts are to be refunded to the City upon termination of the agreement or may be utilized to offset costs in any subsequent agreements if allowable. 2. In the event of any conflict between the body of this Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the Parties, provided for within the body of this Amendment, shall be null and void. 3. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on May 12, 2022, and amended on October 7, 2022, remain in full force and effect. [Signatures follow on the next page.] DocuSign Envelope ID: 10962E55-BDFF-4644-989B-15D374B58704 2 IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. City of Fresno, A California municipal corporation By: Georgeanne A. White City Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy Fresno Humane Animal Services, a California Non-Profit Public Corporation 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) Addresses: City: City of Fresno Attention: Gregory Barfield, Assistant City Manager City Hall 2600 Fresno Street, Room 2097 Fresno, CA 93721-3601 Telephone No: (559) 621-7770 E-mail: gregory.barfield@fresno.gov Service Provider: Fresno Humane Animal Services. Attention: Brenda Mitchell, President 1510 W. Dan Ronquillo Way Fresno, CA 93706 Telephone No: (559) 600-7387 E-mail: bmitchell@fresnohumane.org DocuSign Envelope ID: 10962E55-BDFF-4644-989B-15D374B58704 President Brenda Mitchell CFO Teri Rockhold 2/21/2023 2/23/2023 2/24/2023 1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into effect the 7th day of October 2022, between the City of Fresno, a California municipal corporation (City), and Fresno Human Animal Services, a California Non-Profit Public Benefit Corporation (Service Provider). RECITALS WHEREAS, the City and the Service Provider entered into an agreement on May 12, 2022 (Agreement), to provide all services required by law for animal control, pound master, veterinary, animal sheltering and all related services for the Animal Center (Project); and WHEREAS, the City and the Service Provider desire to modify the Agreement to allow the Fresno Humane to be paid more quickly for the services at the Animal Shelter; and AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. Section 3, Compensation shall be amended and the following will be added to the first paragraph: The City will advance Fresno Humane a one-time payment of up to $300,000 for future reimbursements (Cash Account). Fresno Humane will submit invoices to the City to support monthly ‘Actuals’ drawdowns and for reimbursements thereof, when the City remits reimbursement for these ‘Actuals’, the reimbursement will replenish the Cash Account . Any unspent amounts are to be refunded to the City upon termination of the agreement or may be utilized to offset costs in any subsequent agreements if allowable. 2. In the event of any conflict between the body of this Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the Parties, provided for within the body of this Amendment, shall be null and void. 3. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on May 12, 2022, remains in full force and effect. [Signatures follow on the next page.] DocuSign Envelope ID: 8DD0D49D-D842-4E96-A679-F609335FDE16 2 IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. City of Fresno, A municipal corporation By: Georgeanne A. White City Manager APPROVED AS TO FORM: RINA M. GONZALES Interim City Attorney By: Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy Fresno Humane Animal Services a California Non-Profit Public Corporation 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) Addresses: City: City of Fresno Attention: Gregory Barfield, Assistant City Manager City Hall 2600 Fresno Street, Room 2097 Fresno, CA 93721-3601 Telephone No: (559) 621-7770 E-mail: gregory.barfield@fresno.gov Service Provider: Fresno Humane Animal Services. Attention: Brenda Mitchell, President 1510 W. Dan Ronquillo Way Fresno, CA 93706 Telephone No: (559) 600-7387 E-mail: bmitchell@fresnohumane.org DocuSign Envelope ID: 8DD0D49D-D842-4E96-A679-F609335FDE16 10/20/2022 President Brenda Mitchell 10/20/2022 CFO Teri Rockhold 10/21/2022 10/21/2022 Records Supervisor 10/21/2022 ALL-B GSP Agt Total Fee (04-2022) -1- SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT is made and entered into, effective on May 12, 2022, by and between the CITY OF FRESNO, a California municipal corporation (City), and Fresno Humane Animal Services (FHAS), a California Non-Profit Public Benefit Corporation (Service Provider). RECITALS WHEREAS, City desires to obtain all services required by law for animal control, pound master, veterinary, animal sheltering and all related activities and services for the Animal Center (Project); and WHEREAS, Service Provider is engaged in the business of furnishing such services as a Animal Control Services provider and posseses unique and superior knowledge, skill, resources and expertise in the rendition of the services and is fully competent, authorized, and able to perform the services holding any and all implicated licenses, permits, permissions and/or approvals; and and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Service Provider will provide animal life saving programs that include adoptions, transfers, volunteers, fostering, lost and found and community cats in an effort to reduce euthanasia rates, and WHEREAS, Service Provider acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107; and WHEREAS, 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. Service Provider 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. 2.Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through June 30, 2023, subject to any earlier termination in accordance with this Agreement. The services of Service Provider as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3. Compensation. (a)Service Provider’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E ALL-B GSP Agt Total Fee (04-2022) -2- fee not to exceed $6,500,000, paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A. Such fee includes all expenses incurred by Service Provider in performance of the services. (b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business. 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 Service Provider’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. Service Provider 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 City to Service Provider upon the earlier of : (i) Service Provider’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Service Provider; (ii) seven calendar days’ prior written notice with or without cause by City to Service Provider; (iii) 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, Service Provider 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 Service Provider that are owned by City. Subject to the terms of this Agreement, Service Provider shall be paid compensation for services satisfactorily performed prior to the effective date of termination. Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider, 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 DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E ALL-B GSP Agt Total Fee (04-2022) -3- 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 City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) Service Provider shall provide City with adequate written assurances of future performance, upon Administrator’s request, in the event Service Provider fails to comply with any terms or conditions of this Agreement. (f) Service Provider shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Service Provider and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Service Provider 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 Service Provider pursuant to this Agreement shall not be made available to any individual or organization by Service Provider without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Service Provider 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. All Confidential Information shall be and remain confidential and proprietary in City. (b) Any and all writings and documents prepared or provided by Service Provider 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. Service Provider shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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. Level of Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Service Provider represents to City that Service DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E ALL-B GSP Agt Total Fee (04-2022) -4- Provider and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Service Provider and its subcontractors, if any, to do and perform such services in a skillful manner and Service Provider agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by City shall not operate as a release of Service Provider or any subcontractors from said industry and professional standards. 7. Indemnification. To the furthest extent allowed by law, Service Provider 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), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Service Provider, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, Service Provider 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 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 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, Service Provider 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 Service Provider 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 DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E ALL-B GSP Agt Total Fee (04-2022) -5- 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 Service Provider of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Service Provider shall not be deemed to release or diminish the liability of Service Provider, 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 Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Service Provider, its principals, officers, agents, employees, or persons under the supervision of Service Provider, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) Upon request of City, Service Provider shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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 Service Provider and City prior to the commencement of any services by the subcontractor. Service Provider and any subcontractor/sub- consultant shall establish additional insured status for 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 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to City’s execution of this Agreement, Service Provider 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, Service Provider shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Service Provider in such statement. (b) Service Provider shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E ALL-B GSP Agt Total Fee (04-2022) -6- 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 time, upon written request of City, Service Provider shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Service Provider and the respective subcontractor(s) are in full compliance with all laws and regulations. Service Provider 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, Service Provider shall immediately notify City of these facts in writing. (c) In performing the work or services to be provided hereunder, Service Provider 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) Service Provider 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) Service Provider 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. Notwithstanding any approval given by the City Manager under this provision, Service Provider shall remain responsible for complying with Section 9(a), above. (f) If Service Provider should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Service Provider 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 Service Provider 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, Service Provider at its sole cost and expense shall: (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. DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E ALL-B GSP Agt Total Fee (04-2022) -7- (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 paragraph (i) above and the ongoing maintenance thereof. 11. 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 Service Provider’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Service Provider pertaining to the Project 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 Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by City, Service Provider shall have provided evidence to City that Service Provider is licensed to perform the services called for by this Agreement (or that no license is required). If Service Provider should subcontract all or any portion of the work or services to be performed under this Agreement, Service Provider shall require each subcontractor to provide evidence to 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, Service Provider 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, Service Provider agrees as follows: (a) Service Provider 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 DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E ALL-B GSP Agt Total Fee (04-2022) -8- 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) Service Provider 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. Service Provider 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 Service Provider’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. Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) Service Provider will, in all solicitations or advertisements for employees placed by or on behalf of Service Provider 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) Service Provider 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 Service Provider’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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, Service Provider is acting solely as an independent contractor. Neither Service Provider, 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 Service Provider shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E ALL-B GSP Agt Total Fee (04-2022) -9- Service Provider is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between Service Provider and City. Service Provider shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Service Provider shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, Service Provider and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. Service Provider 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, Service Provider shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Service Provider’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, Service Provider may be providing services to others unrelated to City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. 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 Service Provider and there shall be no assignment by Service Provider of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Service Provider, its successors DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E ALL-B GSP Agt Total Fee (04-2022) -10- or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) Service Provider hereby agrees not to assign the payment of any monies due Service Provider 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 Service Provider directly to Service Provider. 17. Compliance With Law. In providing the services required under this Agreement, Service Provider shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. 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. 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 DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E ALL-B GSP Agt Total Fee (04-2022) -11- 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 City and Service Provider. 29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E ALL-B GSP Agt Total Fee (04-2022) -12- 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: DOUGLAS T. SLOAN City Attorney By: Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy Addresses: CITY: City of Fresno Attention: Gregory Barfield, Assistant City Manager City Hall 2600 Fresno St. Room 2097 Fresno, CA 93721-3601 Phone: (559) 621-7770 E-mail: gregory.barfield@fresno.gov Fresno Humane Animal Services, a California Non-Profit Public Benefit Corporation 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) Service Provider: Fresno Humane Animal Services Attention: Brenda Mitchell, President 1510 W. Dan Ronquillo Way Fresno, CA 93706 Phone: 559-600-7387 E-mail: bmitchell@fresnohumane.org Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E Brenda Mitchell President CFO Teri Rockhold Brandon Collet 5/16/2022 5/17/2022 5/18/2022 City Clerk Page 1 of 1 EXHIBIT A SCOPE OF SERVICES Service Agreement between City of Fresno and Fresno Humane Animal Service Fresno Animal Center The Contractor in coordination with the City will be responsible for the operation of the City’s animal shelter, providing animal control services required by and in accordance with the laws, regulations, ordinances and codes of the State of California and the City of Fresno. The Contractor is required to provide services in a manner that provides for the protection of persons from wild and dangerous animals while providing humane care and treatment of animals while they are in the City’s animal shelter or in the custody of Contractor’s field personnel. The Contractor must establish written protocols and procedures in accordance with the best practices of the animal shelter industry, and with input from the UC Davis Koret Animal Shelter Program, Best Friends Animal Society and in accordance with current law. The Contractor in coordination with the City is responsible for the operation and maintenance of a safe and adequate shelter for the conferment, handling and disposal of animals picked up by or delivered to the City shelter, as hereinafter provided, together with any and all apparatus and equipment, services, supervision, and labor necessary to perform shelter services. Contractor must perform its contracted duties and responsibilities in a manner that ensures compliance with the City of Fresno Municipal Code Sections 10-301 through 10- 329 regarding animal shelter and pound master duties including, but not limited to: A. Licensing of dogs B. Vaccination requirements C. Animals at large D. Reporting of dog bites E. Recordkeeping 1. Administrative Requirements During the term of this contract, the City and the Contractor will collaboratively ensure the delivery of all services which include, but are not limited to, recruitment, staffing, data gathering and reporting, financial monitoring and compliance, policy and procedure development and implementation, coordination of onsite and off-site services, and other management responsibilities defined below. A. The animal center shall operate within the program budget, with a total contract amount not to exceed $6,500,000 for a 14 month term. B. Comprehensive recordkeeping and tracking of each animal in the shelter shall be maintained and reported to the City and any required agency on a monthly basis in a format acceptable to the City. DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E Page 2 of 3 C. Contractor shall coordinate with the City to achieve a seamless and efficient data management across shelter, adoption, spay and neuter, enforcement and licensing programs. D. Financial account of City’s animal shelter and all related programs shall be kept separate from other financial activities of the Contractor. E. Contractor shall ensure adequate supplies, including pharmaceuticals, are available and secured onsite to guarantee the sheltered animals are properly cared for. F. Contractor shall promptly investigate and respond to all complaints regarding animals, shelter services and field services. All complaints received by the contractor must be documented, investigated, and when appropriate, corrective actions shall be taken to resolve concerns. Documentation of all complaints and corrective actions shall be provided to the City in writing, on a monthly basis, in a format acceptable to the City. G. Contractor must provide written responses to any findings or inquiries from the City. H. Contractor must engage in an open, collaborative and communicative working relationship with the City. 2. Animal Intake Contractor is responsible for receiving animals found within the City of Fresno. Contractor is responsible for the following: A. Documentation of each animal’s description including breed, altered status, color, approximate age and gender. B. Documentation of each animal’s physical condition, medical needs, and behavior upon arrival at the shelter, including information regarding location of where the animal was found and contact information for the individual dropping the animal off. C. Contractor shall keep comprehensive records of shelter intake, including visible kennel cards with pertinent information. D. Use of software program, Pet Point, or any other comparable software program, to keep record of, and update hourly or as soon as practical, all documentation including, but not limited to, shelter intake information, kennel tracking, spay and neuters, vaccinations, adoptions, rescues, field services, case work and euthanasias. E. Meet with the City monthly or more frequently as requested by the City to evaluate statistics, program needs or issues. F. Provide City with its own login account for Pet Point, or the software program being used by the Contractor. G. Provide animals with microchip scans and contact owner when microchip is found. H. Provide and implement policies and procedures for accepting animals when the shelter is at capacity. I. Provide and implement policies and procedures for emergency situations including natural disasters. DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E Page 3 of 3 J. Provide licensed veterinarian services during normal business hours and emergency response for afterhours service. Pet owners shall remain responsible for all routine/emergency veterinary care costs. K. Provide licensed staff to dispense and supply the controlled substances necessary for performance of field captures, euthanasias, and vaccinations, including but not limited to Rabies, Bortetella, DAPP and general dewormers for dogs and FERCP and dewormer vaccinations for cats. L. Create and implement a euthanasia policy, in compliance with state law, that requires specific procedures for any animal deemed unadoptable to notify 501c3 animal rescues or adoption agencies of the opportunity to receive the animal. M. Arrange and provide for the humane euthanasia and disposal of animals that cannot be treated or rehabilitated in a manner approved by federal and state regulations, which shall not subject animals to any unnecessary pain. Reserve euthanasia for terminally ill animals, those considered dangerous, or as ordered by the court. N. Ensure all healthy and treatable animals who qualify for rehabilitation have a strategic plan for live outcome. Feral or community cats will not be classified as candidates who cannot be rehabilitated unless terminally ill or severely injured; feral or community cats should either remain in the community or be taken in for return-to-field purposes only. O. Animals shall not be sold for the purposes of research or other activities which may harm them. P. Immediately, or as soon as practical, dogs shall be vaccinated for Parvo and Distemper, and if necessary, all animals taken into the shelter will be treated for fleas, ticks and worms. Q. Dogs that are dangerous or potentially carrying highly infectious diseases that may threaten the health and safety of other animals or humans may only be accepted if suitable quarantine areas are available. If no suitable space is available, the veterinarian shall be consulted to determine appropriate options. R. Animals will be assigned housing with consideration of species, sex, medical conditions, behavior and temperament. S. Contractor shall not be required to accommodate afterhours drop offs. 3. License Fees Contractor shall provide the City with the written requirements to transition the collection of fees including license fees, spay/neuter fees, impound fees, etc to the Contractor. Until such time that the City and Contractor evaluate the program and make recommendations to Council for approval, fees collected by Contractor shall comply with the following: A. Process and collect all applicable fees set forth in the City’s Municipal Code and ordinances; B. Collect data on tag numbers and receipts for processed licenses; C. Maintain a list of non-compliant owners. DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E Page 4 of 3 4. Field Services The number of animal control officers will be determined by mutual agreement with the City based on operational need through the use of best practices. The Contractor will provide one on-call duty officer to provide emergency responses to Priority One Responses after regular business hours. The business hours must be mutually agreed upon by the City and FHAS. For illustrative purposes, after business hours Monday through Friday can be defined as 4:30pm to 8:00am Monday through Friday and weekends from 4:30 pm Friday through 8:00am Monday. The number of on-call duty officers may be increased if deemed necessary by the Contractor and City. Priority One Responses: an emergency response shall be provided for the following: A. Any law enforcement agency requesting emergency assistance; B. Animal bites where the animal continues to pose an immediate threat to public safety; C. Any domestic, dangerous or vicious animal that poses an immediate threat to public safety; D. Any domestic animal that is sick, injured, or in immediate danger; E. Any animal that is at immediate risk due to cruelty or neglect; F. Pick up of deceased animal that is evidence of a crime. Priority Two Responses: A. Any animal bite, where the animal is contained; B. Any dog running at large where a violation is in progress but where the dog is not posing a threat to itself of the public; C. Any law enforcement agency requesting non-emergency assistance; D. Pick up of a confined stray dog; E. Pick up or arrange for the disposition of dead animals found upon public streets within the City of Fresno. Priority Three Reponses: A. Dog running at large when the violation is not in progress; B. Non-emergency calls not defined above. 5. Performance A. Contractor will meet with the City as requested by the City to evaluate statistics, program needs, issues or problems. This meeting is intended to maintain transparency between agencies and ensure all concerns are being addressed, as well as contractual obligations being met. B. Contractor in collaboration with the City shall deliver a Report to City Council in the form of a workshop no later than January 31, 2023. C. Contractor will reserve on board seat for a City appointee from the City Manager’s Office or designee. DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E Page 5 of 3 D. Contractor shall implement and maintain well defined, up to date written policies, procedures, protocols, and manuals available for review by the City upon request and consistent with guidelines and best practices published by the Association of Shelter Veterinarians’ Guidelines for Standards of Care in Animal Shelters. 6. Personnel The Contractor shall abide by the following when performing any duties and obligations under the contract with the City. A. Hire qualified personnel; B. Provide adequate training and supervision for all personnel; C. Perform adequate criminal and DMV background checks on individuals, prior to hiring, to ensure they are suitable for contact with the public and fit to perform their assigned tasks; D. Treat the public with courtesy, tact, and respect; E. Maintain adequate levels of shelter and field staff to provide services to the public via phone, email as well as in person; F. Comply with personnel policies and procedures that conform to local, state and federal laws; G. Maintain a California licensed veterinarian on staff to be responsible for all veterinary care as provided for in applicable state law. In the event that Contractor cannot secure a veterinarian on staff, care agreements with local veterinary service providers may be used. 7. Programs A. Contractor in collaboration with the City will develop public education programs focused on services related to the new operational processes being implemented rabies, pet care, licensing, bite safety, low cost spay/neuter services for dogs and cats, low cost medical care, and fundraising. Contractor shall collaborate with the City to ensure that public education programs are available in different languages and delivered through various medium. B. Provide lifesaving programs to include adoptions, transfers, volunteers, fostering, lost and found, and community cats. C. Implement dog licensing program for issuance and renewal licensing. Manage the daily operations of animal licensing including, but not limited to the processing of licenses via mail and online from pet owners, issuing tags and processing vaccinations. D. Implement trap/neuter/release (TNR) program. Injured or diseased cats will not be returned to the colony, reducing the spread of feline diseases. E. Cats are to be spayed or neutered as a condition of adoption. F. Dogs are to be spayed or neutered and micro-chipped as a condition of adoption. G. Implement program policies for the transfer of sheltered animals to vetted partner agencies. DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E Page 6 of 3 H. Every reasonable effort shall be made to identify each animal’s rightful owner and return the animal o its owner prior to the release of the animal through adoption or placement with, or transfer to, a rescue agency. Adoption will be promoted through a variety of outreach strategies including the web, social media, advertising and events. I. Partnerships with rescue groups, community organizations, and other animal agencies will be developed and maintained by the Contractor. J. An animal that has been released from the animal shelter through adoption will no longer be the responsibility of the Contractor or the City. K. The Contractor must make every effort to not euthanize any healthy animal including making a reasonable attempt to relocate or place the animal with a rescue agency. The Contractor shall develop and follow clear protocols for the use of euthanasia. Animals that have been reasonable been declared vicious, terminally ill, or contagious may be considered for euthanasia at the discretion of the shelter’s veterinarian. The Contractor shall provide for the euthanasia of animals, if warranted, once the applicable holding period is completed in compliance with Food and Agriculture Code Sections 31108 and 31752, no animal rescues or foster options are available, and no shelter space is available; however, adoptable animals must first be made available to other entities for adoption. Euthanasia must be done in the most humane manner, and in accordance with all federal, state and local laws and regulations now or hereinafter in effect that regulate the disposition of animals. L. Develop and implement a disaster plan (plan) to respond to the care of animals in emergencies, disasters and evacuations. Provide City a copy of the plan in writing within twelve months of signing this contract. The plan must be updated annually and provided to the City in writing. The Contractor should: a. Provide a contact person for the emergency response who will be responsible for the Contractor’s portion of the operation and coordinating response with the emergency responders. b. Plan for the intake of animals from the City of Fresno in the event of an emergency, disaster and evacuation. c. Identify and maintain a current list of resources in the community willing to provide, plan and respond adequately to the needs of the animals in emergencies, disaster and evacuations, such as housing. d. Familiarize all personnel with the plan and their role/responsibilities if such an event were to occur. e. Become trained according to the requirements of SEMS and NEMS emergency management systems. f. Comply with recordkeeping required for the potential reimbursement of disaster related expenses. Such records may be required to be submitted to the City on approved forms. 8. Shelter Operation Animals in the shelter will be treated humanely, with care and respect. The Contractor shall maintain a clean, safe and secure shelter facility. The Contractor will develop and DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E Page 7 of 3 follow a clear set of protocols, to be provided to the City upon request, for the admission and intake of animals, care and welfare of animals, employee conduct, shelter operations and adoptions. Animals shall be held the requisite time period as required by applicable law prior to being eligible for adoption, release to animal rescue, or to be euthanized. The Contractor shall release dogs to owners only after having been properly vaccinated and licensed. Unvaccinated dogs shall only be released to owners in extraordinary circumstances where the owner can present written proof that the vaccine would compromise the dog’s health and the shelter reviews and approves of such documentation. Operation of said shelter shall be as follows: A. The regular office hours for stray intake will be mutually agreed upon by FHAS and the City. B. The regular hours and process for reclaims, owner surrenders and adoptions will be mutually agreed upon by FHAS and the City. C. The shelter shall be open to the public on Saturdays upon mutual agreement by FHAS and the City. D. The Contractor may adjust the opening and closing times; however, keeping the number of hours the same or greater, and with written notification to the City. E. Emergency response will be provided after hours every night and on Saturdays, Sundays and Holidays. These hours will be defined by mutual agreement with the City. The Contractor may, in its discretion, close the shelter to members of the public during any public holiday that is observed by the City. F. The Contractor shall provide veterinary services within City limits for animals under its care on behalf of the City on the following basis: G. Emergency veterinary services, including diagnosis and treatment, may be rendered to injured cats and dogs found without their own in public places within the City limits in accordance with California Penal Code Section 597f. H. Any other emergency veterinary services may be rendered in unusual emergency circumstances if the Contractor deems them absolutely essential to the performance of this agreement. I. The Contractor shall take all reasonable measures to recover all costs incurred for veterinary services, emergency or otherwise, from animals’ owners. J. The Contractor shall provide the owners of lost animals and those who find lost animals with the following information: K. The ability to verify whether a lost animal is at the shelter. L. The ability to keep record of pet owner’s contact information in instances where the shelter does not have possession of the lost animal. M. Advice as to means of publishing and disseminating information regarding lost animals. N. Telephone numbers and addresses of other shelters in the vicinity. DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E Page 8 of 3 O. Telephone numbers and addresses of volunteer groups that may be of assistance in locating lost animals. P. Quarantined Animals: The Contractor shall pick up, care for, and quarantine dangerous animals in individual kennels in an isolated section of the shelter. Animals that have bitten humans must be held and observed for at least 10 days. The contractor may be required to hold animals related to criminal prosecutions or reasons other than the animal control regulations. Remove and deliver to the appropriate agency the head of any animal which dies while being held in observation. 9. Compensation A. Contractor acknowledges that compensation for services provided under these scope of services and for this term will be reimbursed to contractor on an actual cost basis and not to exceed $6,500,000 for a 14 month term. B. Contractor shall submit requests for reimbursement in a format acceptable to the City. In no event shall the City reimburse contractor for costs paid for by the City including staff salaries, acquired equipment and operational materials. DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Service Agreement between City of Fresno (City) and Fresno Humane Animal Services (Service Provider) Fresno Animal Center MINIMUM SCOPE OF INSURANCE (a) Throughout the life of this Agreement, Service Provider 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. (b) If at any time during the life of the Agreement or any extension, Service Provider or any of its subcontractor 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 Service Provider 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 Service Provider of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Service Provider shall not be deemed to release or diminish the liability of Service Provider, 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 Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Service Provider, vendors, suppliers, invitees, consultants, subcontractor or anyone employed directly or indirectly by any of them. 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 DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E Page 2 of 4 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 ISO Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. MINIMUM LIMITS OF INSURANCE Service Provider shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY (i) $2,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $4,000,000 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. UMBRELLA OR EXCESS INSURANCE In the event Service Provider 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. DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E Page 3 of 4 DEDUCTIBLES AND SELF-INSURED RETENTIONS Service Provider shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and Service Provider shall also be responsible for payment of any self-insured retentions. Any 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 self-insured retentions as respects City, its officers, officials, employees, agents, and volunteers; or (ii) Service Provider 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 (i) 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. Service Provider 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, Service Provider 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, Service Provider 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. (ii) The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form. (iii) The Commercial General and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees, and volunteers as an additional insured. Service Provider shall establish additional insured status for the City and for all ongoing and completed operations under the Commercial General 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. (iv) The Commercial General and Automobile Liability insurance shall contain, or be endorsed to contain, that the Service ProviderS’ insurance shall be primary to and require no contribution from the City. The Commercial General policy is required to include primary and non-contributory coverage in favor of the City for both the ongoing and completed operations coverage. DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E Page 4 of 4 These coverages shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents, and volunteers. If Service Provider 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 Service Provider. (v) 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. (vi) For any claims related to this Agreement, Service Provider’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, agents, , and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, agents, employees, and volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it. (vii) The Commercial General Liability, Automobile Liability and Workers’ Compensation insurance policies shall contain, or be endorsed to contain, a waiver of subrogation as to City, its officers, officials, agents, employees, and volunteers. PROVIDING OF DOCUMENTS - Service Provider 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, Service Provider shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of Service Provider shall also be required to provide all documents noted herein. SUBCONTRACTORS - If Service Provider subcontracts any or all of the services to be performed under this Agreement, Service Provider shall require, at the discretion of the City 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 City Risk Manager or designee. If no Side Agreement is required, Service Provider will be solely responsible for ensuring that its subcontractor maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. DocuSign Envelope ID: F74B8B9F-6C88-4F90-B29D-20E9C020302E EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Fresno Animal Center 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: F74B8B9F-6C88-4F90-B29D-20E9C020302E Fresno Humane Animal Services Fresno, CA 93706 X X Brenda Mitchell X 1510 W Dan Ronquillo Drive X X X N/A 5/18/2022 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1056 Agenda Date:6/29/2023 Agenda #:1.-I. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager Office of Mayor & City Manager THROUGH:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANN D. KLOOSE, Sustainability Division Manager Public Works Department, Sustainability Division JOHN ELLIS, Governmental Affairs Manager Office of the Mayor & City Manager SUBJECT Approve a consultant agreement with Baker Tilly US, LLP in the amount of $256,443, plus a not-to- exceed contingency amount of $10,000, to provide consulting services on development of an assessment - along with recommendations for options - to improve the services and affordability of electricity in the City of Fresno; authorize the City Manager or designee to execute all related documents. (Citywide) RECOMMENDATIONS Staff recommends the City Council approve a consultant agreement with Baker Tilly US, LLP in the amount of $256,443, plus a not-to-exceed contingency amount of $10,000, to provide consulting services to develop an assessment, and recommendations for options, to improve services and affordability of electricity in the City of Fresno and authorize the City Manager or designee to execute all related documents. EXECUTIVE SUMMARY On September 2, 2021, the Council unanimously adopted Resolution 2021-240, a Resolution of the Mayor and Council in opposition to Pacific Gas & Electric Company’s June 2021 filing to the CA Public Utilities Commission (CPUC) requesting substantial rate increases. The resolution called on the CPUC and Pacific Gas and Electric (PG&E) to freeze rates and implement electricity rate reform. Since 2021, electricity rates have increased more than 26% through 2022, and are projected by PG&E to increase up to an additional 36% this year. Taken together, this represents a 62% increase in just two years. In addition to these unsustainable rate increases, PG&E has failed to provide new utility connections and service in a timely or reasonable manner. The ongoing costs of these connection delays is extreme and difficult to quantify, but there is abundant evidence it is hurting both business owners and homebuyers. For these reasons, the Mayor and City Council discussed hiring City of Fresno Printed on 6/23/2023Page 1 of 3 powered by Legistar™ 6/29/2023 REMOVED-NO RETURN DATE File #:ID 23-1056 Agenda Date:6/29/2023 Agenda #:1.-I. business owners and homebuyers.For these reasons,the Mayor and City Council discussed hiring a consultant to develop an assessment and offer recommendations and potential options to improve the services and affordability of electricity in the City of Fresno.The proposed consultant services agreement with Baker Tilly US, LLP, will accomplish the stated objectives. BACKGROUND This request for Council approval is the next step in addressing serious concerns over PG&E’s electricity prices and connection delays.The recommended action follows up on initial public concerns voiced by the Mayor and Councilmembers,which were consistent with the 2021 Council resolution to the CPUC,expressing serious concerns over the excessive electricity rate increases. Furthermore,the significant delays in providing new service connections has resulted in project impacts and added costs,as demonstrated by both the Fresno/Madera Building Industry Association (BIA)and State Center Community College District (SCCCD)in separate CPUC complaints filed last year. On November 3,2022,the Mayor and Council discussed providing direction to staff to hire a consultant to explore options for alternative services.The issue was tabled with a request for the Administration to return with additional information.Since that time,staff formed a committee to include industry experts and issued a Request for Qualifications (RFQ)to acquire additional information.The RFQ Committee included Ann Kloose,Sustainability Division Manager,City of Fresno Public Works,John Ellis,Government Affairs Manager,City of Fresno,Office of the Mayor, Courtney Blore Kalashian,Executive Director,SJV Clean Energy Organization,and Kevin Flanagan, Program Manager,Joint Power Authority (JPA)at SPURR.The RFQ’s purpose was to provide an option to hire a consultant to develop an assessment and recommendations for potential alternatives to improve the services and affordability of electricity in the City of Fresno. The above stated RFQ was released on December 21,2022,and closed on February 8,2023.The RFQ notice was published in the Fresno Business Journal,released on Planet Bids and was also directly sent to additional firms that had previously expressed interest.Four firms responded, submitting Statements of Qualifications (SOQs).Of those,three of the firms met the standard qualifications and were selected for interviews.Each firm had some level of experience among the potential options identified for consideration on the City’s RFQ.These included renegotiations of the existing Electricity Franchise Agreement initiated in 1938,creation of a Community Choice Aggregation (CCA),formation of a Joint Power Authority (JPA),establishment of a Customer-Owned Utility or Municipal Utility District,and developing new legislation to provide more favorable options for Fresno. Following the review and interviews,Baker Tilly US,LLP was ranked by each committee member as the top recommended firm,and staff determined this consultant as best suited to perform this work based upon project requirements,available capacity,prior experience in all areas as well as cost.For these reasons,staff recommends awarding a contract to Baker Tilly,US,LLP for LLP in the amount of $256,443 plus a not-to-exceed contingency amount of $10,000 to develop an assessment and recommendations for potential alternatives to improve the services and affordability of electricity in the City of Fresno. The City Attorney’s Office has reviewed and approved all associated items as to form. City of Fresno Printed on 6/23/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1056 Agenda Date:6/29/2023 Agenda #:1.-I. ENVIRONMENTAL FINDINGS Approval of the consultant service agreement is not a “project”within the meaning of Public Resources Code Section 21803 (CEQA Guidelines Section 15378)because the administrative activities as identified in the consultant agreement will not result in direct or indirect physical changes in the environment. LOCAL PREFERENCE Local preference is not applicable for this item and an RFQ was issued seeking unique and specialized industry expertise and was based on a qualitative analysis not based solely on price. FISCAL IMPACT Sufficient funds are currently appropriated in the FY2023 Adopted Budget under General Fund - General City Purpose department. Attachment(s): Agreement for consultant services - Baker Tilly US, LLP City of Fresno Printed on 6/23/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1053 Agenda Date:6/29/2023 Agenda #:1.-J. REPORT TO THE CITY COUNCIL FROM:TJ MILLER, Interim Director Personnel Services Department BY:STEPHANIE HERNANDEZ, Principal Labor Relations Analyst Personnel Services Department SUBJECT Actions pertaining to the International Union of Operating Engineers, Stationary Engineers, Local 39 for Unit 1 1. ***Adopt a successor Memorandum of Understanding between the City of Fresno and International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39), Non- Supervisory Blue Collar, Unit 1 (Subject to Mayor’s veto) 2. ***RESOLUTION: Adopt the Fifteenth Amendment to FY 2023 Salary Resolution No. 2022- 152, amending Exhibit 1, Non-Supervisory Blue Collar (Local 39), to provide a salary increase for respective classes as required by the Memorandum of Understanding between the City of Fresno and International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39) (Subject to Mayor’s veto) RECOMMENDATION It is recommended Council (1) approve the attached successor Memorandum of Understanding (MOU) to implement wages, hours and other terms and conditions of employment for City employees in Unit 1, Non-Supervisory Blue Collar, represented by Local 39; and (2) adopt the Fifteenth Amendment to FY 2023 Salary Resolution No. 2022-152 to amend Exhibit 1. EXECUTIVE SUMMARY The City and Local 39 reached a tentative agreement on a successor MOU which will replace the MOU that expired on January 1, 2023. The MOU provides for an agreement from January 2, 2023 through June 15, 2025, increases to wages, and other changes in terms or conditions of employment. Though the MOU is retroactively effective, the only term set forth in the proposed MOU that is retroactive is the base salary increase. Upon Council approval of the Fifteenth Amendment to the FY23 Salary Resolution, Exhibit 1 of the FY24 Salary Resolution will be updated to reflect the amended Exhibit 1 as approved by Council. BACKGROUND The City and Local 39 started meeting in August 2022 to work towards reaching agreement on a City of Fresno Printed on 7/18/2023Page 1 of 5 powered by Legistar™ MA/NE 7-0 R. 2023-195 APPROVED ON CONSENT 6/29/2023 File #:ID 23-1053 Agenda Date:6/29/2023 Agenda #:1.-J. The City and Local 39 started meeting in August 2022 to work towards reaching agreement on a successor MOU.The parties reached a tentative agreement on June 1,2023.Members of the Unit ratified on June 20, 2023. Significant changes to the MOU are summarized below. ·Term: January 2, 2023 through June 15, 2025. ·Wages: o FY23: 3% wage increase, retroactively effective January 2, 2023. o FY24: 3% wage increase, effective June 19, 2023. o FY24: 1% wage increase, effective December 18, 2023. o FY25: 3% wage increase, effective June 17, 2024. o FY25: 2% wage increase, effective December 30, 2024. ·Sympathy Strikes:During the term of this agreement,the Union will not condone or support so-called “sympathy strikes” where a strike or work stoppage is declared by another Union. ·Classification and Compensation:The City will conduct a comprehensive classification and compensation study and will implement compensation adjustments up to $2.9 million effective no later than December 30, 2024. ·Health Reimbursement Arrangement (HRA):Benefit expansion to include qualified medical expenses and an increase to the value factor from 40% to 80% of base hourly rate. ·Bilingual Pay:Increase compensation by $50 to $100 per month. ·Safety Shoes and Prescription Safety Glasses: o Increase voucher amount for regular safety shoes by $50 to a voucher valued at up to $250. o Increase voucher for specialty safety shoes by $50 to a voucher valued at up to $300. o Add reimbursement of up to $125 upon receipt of proof of the purchase of prescription safety glasses. ·Standby Pay: o Increase standby compensation by $0.25 to $1.90 per hour. o Add a provision for a voluntary and mandatory standby list to cover the standby assignment of an employee absent due to unscheduled leave. o Allow employees to forfeit their standby assignment to a replacement employee. o Provide mileage reimbursement for employees on standby who are not assigned a City vehicle. ·P.M. Hours Premium Pay: o Increase compensation by $0.20 to $1.45 per hour for regular shift hours between 5:00 p.m. and midnight. o Increase compensation by $0.55 to $2.30 per hour for regular shift hours between City of Fresno Printed on 7/18/2023Page 2 of 5 powered by Legistar™ File #:ID 23-1053 Agenda Date:6/29/2023 Agenda #:1.-J. o Increase compensation by $0.55 to $2.30 per hour for regular shift hours between midnight and 8:00 a.m. ·Commercial Driver’s License (CDL)/Crane Operator License:Allow employees who possess both a CDL and a Crane Operator License to stack the $100 per month premium pays. ·Surface Water Treatment Facility Pay:Incorporate the $375 per month site pay into base wages for the Senior Water Treatment Plant Operator and the Water Treatment Plant Operator classifications and discontinue the site pay. ·Wastewater Treatment Plant Compensation:Provide a one-time payment for employees who were in the classifications below assigned to the Wastewater Treatment Plant during the timeframe of April 6, 2020 to January 17, 2021, pro-rated based on actual time worked. o Senior Wastewater Treatment Plant Operator $8,050.00 o Power Generation Operator/Mechanic $7,437.00 o Wastewater Treatment Plant Specialist $6,825.00 o Wastewater Treatment Plant Technician $5,163.00 o Wastewater Treatment Plant Operator-in-Training $4,457.00 ·Power Generation Operator/Mechanic (PGOM):Add certificate pay of $100 per month for PGOMs assigned to a water systems environment who are required to obtain and maintain a valid Water Distribution Operator Certificate, Grade DII. ·Code Enforcement/Abatement Team and Solid Waste/HART:Include the Code Enforcement/Abatement Team as eligible for the monthly premium pay;increase the monthly premium pay by $25 to $100 per month;and add a daily rate for those who may be assigned to assist either team. ·Water Treatment Plant Operator:Add Water Treatment Plant Operator to the list of classifications eligible for the Water Treatment Operator &Water Distribution Operator certificate pay. ·Vacation Leave: o Adjust the years of service maximum accrual:340 hours for less than 10 years;420 hours for more than 10 years but less than 20 years; and 480 hours for 20 or more years. o Adjust the monthly accrual amounts:11.33 hours for more than 8 years but less than 14; 13 hours for more than 14 years but less than 20; and 15 hours for more than 20 years. ·Supplemental Sick Leave:Add new leave bank effective July 1,2023 with an accrual limit of 40 hours per fiscal year and up to a total lifetime maximum of 80 hours. ·Compensatory Time Off (CTO):Allow cash out of any CTO hours upon request and reformat existing language for improvement of readability,clarity,and so all relevant language is located together. ·Contracting Out:Modify timeline for the City to notify the Union of its intent to request proposals for contracting out services performed by Local 39 employees from 30 business days to 30 calendar days. ·Jury Duty:Expand the reassignment to include any employee assigned to a work schedule City of Fresno Printed on 7/18/2023Page 3 of 5 powered by Legistar™ File #:ID 23-1053 Agenda Date:6/29/2023 Agenda #:1.-J. ·Jury Duty:Expand the reassignment to include any employee assigned to a work schedule outside of regular business hours Monday through Friday while attending jury duty. ·Attendance Policy:Allow employees who exhaust Sick Leave to use other available leaves and revise the tardy policy and other language for clarification and ease of application. ·Health and Welfare:Language cleanup to accurately reflect City and employee percentage contributions, remove outdated cost sharing language, and codify the opt out process. ·State Disability Insurance/Paid Family Leave:Language update to include PFL and clarify that employees may use available leave banks for leave integration once Sick Leave is exhausted. ·Overtime:Incorporate Overtime side letter;reformat existing language for improvement of readability,clarity,and so all relevant language is located together;revisions to clarify and refine assignment of overtime for ease of application;expand use of telephone calls to include other communication on personal electronic devices. ·Seniority:Refine language to better clarify that continuous service in class for the purposes of seniority for shift selection and vacation scheduling does not include time the employee left the class due to demotion,permanent promotion,transfer to a different class,or separation from City service. ·Sick Leave:Language updates consistent with state law. In addition to the above, there was language clean up throughout the MOU. The City Attorney’s Office has approved the new MOU and Salary Resolution Amendment as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference is not implicated because this item does not involve public contracting or bidding with the City of Fresno. FISCAL IMPACT Approval of the MOU and Salary Resolution Amendment will result in estimated additional salary and benefit expenses of $424,433 to the General Fund and $5,121,269 to All Funds in FY24,and $582,830 to the General Fund and $6,763,825 to All Funds in FY25,for a total of $1,007,263 to the General Fund and $11,885,095 to All Funds for the term of the MOU, which expires June 15, 2025. Attachments: City of Fresno and Local 39 MOU - Redline City of Fresno and Local 39 MOU - Final Costing for Proposed MOU City of Fresno Printed on 7/18/2023Page 4 of 5 powered by Legistar™ File #:ID 23-1053 Agenda Date:6/29/2023 Agenda #:1.-J. Resolution - Fifteenth Amendment to FY 2023 Salary Resolution No. 2022-152 Salary Tables - Fifteenth Amendment to FY 2023 Salary Resolution No. 2022-152 - Redline Salary Tables - Fifteenth Amendment to FY 2023 Salary Resolution No. 2022-152 - Final City of Fresno Printed on 7/18/2023Page 5 of 5 powered by Legistar™ BETWEEN AND FOR THE CITY OF FRESNO AND INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS, LOCAL 39 (Non-Supervisory Blue Collar - Unit 1) January 6, 2020 – January 1, 2023 January 2, 2023 – June 15, 2025 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page i TABLE OF CONTENTS Page ARTICLE I – PREAMBLE ................................................................................................ 1 A. PURPOSE ................................................................................................. 1 B. DEFINITIONS ............................................................................................ 1 C. GOVERNING LAWS .................................................................................. 1 ARTICLE II – EMPLOYEE RIGHTS ................................................................................ 2 A. NONDISCRIMINATION ............................................................................. 2 B. REPRESENTATION RIGHTS ................................................................... 2 ARTICLE III – CITY RIGHTS .......................................................................................... 3 A. GENERAL .................................................................................................. 3 ARTICLE IV – RECOGNITION ....................................................................................... 4 A. UNIT RECOGNITION ................................................................................ 4 B. RECOGNITION OF UNIT DESCRIPTION ................................................. 4 C. AUTHORIZED AGENTS ............................................................................ 4 D. RECOGNITION OF MUTUAL OBLIGATION ............................................. 5 E. LOCKOUT AND STRIKE ........................................................................... 5 F. EXCHANGE OF INFORMATION ............................................................... 5 G. UNION BULLETIN BOARDS ..................................................................... 5 H. NOTICE FOR REQUEST OF LEAVE TO ATTEND MEET AND CONFER SESSIONS ................................................................................................ 6 I. ACCESS TO CITY FACILITIES ................................................................. 6 J. NEW EMPLOYEE ORIENTATION ............................................................ 6 K. BY-LAWS ................................................................................................... 6 ARTICLE V – SCOPE OF REPRESENTATION AND GRIEVANCES ............................ 7 A. GENERAL .................................................................................................. 7 B. GRIEVANCES ........................................................................................... 7 C. USE OF HEARING OFFICER IN DISCIPLINARY ACTIONS INITIATED BY CITY ................................................................................................... 11 ARTICLE VI – DUES DEDUCTION .............................................................................. 12 A. GENERAL ................................................................................................ 12 B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION CARD ......... 12 C. DUES DEDUCTION................................................................................. 12 ARTICLE VII – COMPENSATION AND BENEFITS ...................................................... 13 A. GENERAL ................................................................................................ 13 B. SALARIES/PENSION .............................................................................. 13 C. BONUS PAY ............................................................................................ 15 D. OVERTIME .............................................................................................. 15 E. COMPENSATORY TIME OFF (CTO) ...................................................... 22 F. PREMIUM PAY ........................................................................................ 23 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page ii 1. P.M. Hours Premium Pay ........................................................ 23 2. Height Work ............................................................................ 23 3. Standby Pay ............................................................................ 24 4. Permit-Required Confined Space Pay .................................... 28 5. Solid Waste/Homeless Task Force ......................................... 28 6. Surface Water Treatment Facility ............................................ 28 7. Certificates .............................................................................. 28 a. Body and Fender ........................................................... 29 b. Mechanic ....................................................................... 29 c. Air Conditioning Mechanic ............................................. 30 d. Aviation Mechanic ......................................................... 30 e. Automotive Parts Specialist/Leadworker ....................... 30 f. Fire Equipment Mechanics ............................................ 30 g. Equipment Service Worker IIs – Fire Maintenance ....... 31 h. Underground Storage Tank (UST) Operator Certificate 31 i. Instrumentation Specialist ............................................. 31 j. Collection System Maintenance Operator II/III .............. 31 k. Traffic Maintenance ....................................................... 32 l. Wastewater Mechanical Series ..................................... 32 m. Wastewater Treatment Plant Operator I/II/Senior .......... 32 n. Water Treatment Operator & Water Distribution Operator Certificates .................................................................... 33 o. Crane Operator ............................................................. 35 p. Commercial Driver’s License ......................................... 35 q. Hazardous Materials Endorsement ............................... 35 r. Backflow Prevention Assembly Tester Certificate ......... 35 8. Camp Fresno Meals ................................................................ 35 9. Temporary Assignment To Perform Duties Of Absent Employees (Acting Pay) ................................................................ 35 10. Temporary Assignment Pay .................................................. 38 11. Bilingual Certification Program .............................................. 39 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page iii G. HEALTH AND WELFARE ........................................................................ 40 1. Health Insurance - City Health Plan - Employee Options .............. 40 2. Other Insurance Contribution (Opt Out Benefit) ............................ 41 H. LEAVES ................................................................................................... 42 1. Holidays .................................................................................. 42 2. Sick Leave............................................................................... 44 3. Vacation Leave ....................................................................... 47 4. Fatigue .................................................................................... 48 5. Employee Incentive Time Off .................................................. 48 I. STATE DISABILITY INSURANCE ........................................................... 49 J. HEALTH REIMBURSEMENT ARRANGEMENT (HRA)........................... 51 K. UNIFORMS, SAFETY SHOES ................................................................ 52 L. PARKING RATES .................................................................................... 53 M. WORKERS’ COMPENSATION ............................................................... 53 N. HOURS OF WORK AND SCHEDULES .................................................. 54 1. General ......................................................................................... 54 2. Daylight Savings Hours ................................................................. 54 3. Alternate Work Schedules ............................................................. 55 O. PERSONNEL MATTERS ......................................................................... 56 1. Personnel Files ....................................................................... 56 2. Employee Performance Evaluations ....................................... 57 3. Transfer Requests ................................................................... 57 4. Flexible Staffing ....................................................................... 57 5. Suspension of Competition ..................................................... 58 6. Layoffs .................................................................................... 59 7. Seniority .................................................................................. 62 8. In Lieu Suspension for Disciplinary Action .............................. 62 9. Labor-Management Committees (LMC’s) ............................... 63 10. Contracting Out ..................................................................... 63 11. Classification Matters ............................................................ 64 12. Americans with Disabilities Act (ADA), Family Medical Leave Act, California Family Rights Act (CFRA), Occupational Safety and Health Act (OSHA/Cal OSHA) and Workplace Violence ............... 65 13. Probationary Period ............................................................... 65 P. JURY DUTY AND COURT APPEARANCES ........................................... 65 1. Jury Duty ................................................................................. 65 2. Court Appearances ................................................................. 66 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page iv Q. SPECIAL RULES FOR THE SOLID WASTE MANAGEMENT DIVISION 67 1. Residential Solid Waste Work ................................................. 67 2. Routes and Quality Control ..................................................... 68 3. Vacation Selection .................................................................. 68 4. Route Assignment Selection ................................................... 68 R. WASTEWATER MANAGEMENT DIVISION ............................................ 70 ARTICLE VIII – FEDERAL DRUG POLICY ................................................................... 73 ARTICLE IX – HEADINGS, SAVING CLAUSE AND FULL UNDERSTANDING ........... 76 A. HEADINGS .............................................................................................. 76 B. SAVING CLAUSE .................................................................................... 76 C. FULL UNDERSTANDING ........................................................................ 76 ARTICLE X – TERMINATION ....................................................................................... 77 EXHIBIT I – SALARIES EFFECTIVE JANUARY 6, 2020.............................................. 79 EXHIBIT II – SALARIES EFFECTIVE JANUARY 4, 2021............................................. 83 EXHIBIT III – SALARIES EFFECTIVE JANUARY 3, 2022............................................ 87 ADDEDNDUM I – ATTENDANCE POLICY................................................................. 111 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 1 ARTICLE I PREAMBLE A. PURPOSE This Memorandum of Understanding and/or Collective Bargaining Agreement, hereinafter referred to as (“Agreement”) or (“MOU”), entered into by and between the City of Fresno, hereinafter referred to as (“the City”), and the International Union of Operating Engineers, Stationary Engineers Local 39, hereinafter referred to as (“the Union”), has as its purpose: the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other terms and conditions of employment, and the rendering of more efficient, progressive service to the public. Any provisions in this MOU which are new or modified from the terms of the previous MOU are effective January 6, 2020 beginning the term of this MOU unless otherwise stated in this MOU. B. DEFINITIONS Unless the particular provision or the context otherwise requires, and, except to the extent that a particular word or phrase is otherwise specifically defined in this Agreement, the definitions and provisions contained in of Chapter 3, Sections 3- 101, 3-201, 3-202, 3-501, and 3-601 of the Fresno Municipal Code, hereinafter FMC, shall govern the construction, meaning, and application of words and phrases used herein. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be. C. GOVERNING LAWS The legal relationship between the City and its employees, and the City and the Union is governed by Government Code Section 3500 et seq. (commonly known as the Meyers-Milias-Brown Act), and Article 6 of Chapter 3 of the FMC, as may be amended from time to time. In the event of any conflict between said laws and this Agreement, said laws shall govern. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 2 ARTICLE II EMPLOYEE RIGHTS A. NONDISCRIMINATION The provisions of this Agreement shall apply equally to and be exercised by all employees consistent with state and federal nondiscrimination statutes and in City policies. B. REPRESENTATION RIGHTS The Union and the City agree that all employees in the Non-Supervisory Blue Collar Unit are guaranteed their rights as described in the Meyers-Milias-Brown Act. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 3 ARTICLE III CITY RIGHTS A. GENERAL 1. It is understood and agreed that the City of Fresno reserves and retains all its inherent managerial rights, powers, functions and authorities. The exclusive rights of the City include, but are not limited to, the right to: a. determine the mission of its constituent departments, divisions, commissions, and boards; b. set standards of service and municipal fees and charges; c. determine the procedures and standards of selection for employment, assignment, transfer, and promotion; d. direct its employees; e. take disciplinary action; f. relieve its employees from duty because of lack of work or for other legitimate reasons; g. maintain the efficiency of governmental operations; h. determine the methods, means, and personnel by which government operations are to be conducted; I. determine the content of job classifications; j. take all necessary actions to carry out its mission in emergencies; k. exercise complete control and discretion over its organization and the technology of performing its work. 2. Nothing in this Agreement shall be construed as delegating to others the authority conferred by law on the City, or in any way abridging or reducing such authority. 3. All City rights formerly or presently claimed by or vested in the City on the effective date of this Agreement, even though not specifically set forth in Section A above, are retained by the City unless clearly and explicitly modified or restricted in this Agreement; provided, that notwithstanding any provisions of this Agreement, no City right shall be deemed waived, modified, or restricted unless such waiver, modification or restriction is explicitly and specifically approved by the Council. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 4 ARTICLE IV RECOGNITION A. UNIT RECOGNITION 1. The City acknowledges the Union as the recognized employee organization representing the Unit, and therefore, the parties agrees to meet and confer in good faith promptly upon request by the Union either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to make every reasonable effort to reach agreement on a successor Agreement at least one week prior to the last regular Council meeting at which the City budget must be adopted for the ensuing fiscal year. In order that the meet and confer process may include adequate time for full consideration of the proposals of both parties and for resolution of any impasse, the City shall accept proposals from the Union as early as August 1 of the year five (5) months prior to expiration of the MOU. 2. There shall be no more than one revocation of representation election during the term of this Agreement. B. RECOGNITION OF UNIT DESCRIPTION The Non-Supervisory Blue Collar Unit consists of all employees holding a permanent full-time position, as defined in FMC Section 3-202 (p) (4), in one of the classes listed in Exhibit 1 of any current salary resolution, or in such other class as may be added to the Unit in the manner designated in the FMC. C. AUTHORIZED AGENTS For purposes of administering the terms and provisions of this Agreement: 1. The City’s principal authorized agent shall be the City Manager or duly authorized representative as provided for under FMC Section 3-615 (address: 2600 Fresno Street, Fresno, California 93721). 2. The Unit’s principal authorized agent shall be the Business Manager of Local 39 or duly authorized representative (address: 337 Valencia Street, San Francisco, California 94103; telephone: (415) 861-1135). Local 39 recognizes FMC Section 3-615 and pursuant to such, agrees to meet and confer in good faith promptly upon reasonable request by the City and to continue every reasonable effort to reach agreement on matters within the scope of representation. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 5 D. RECOGNITION OF MUTUAL OBLIGATION The Union and the City recognize and acknowledge their mutual obligation and responsibility to effectuate the purposes set forth herein, and to adhere in good faith to the terms and conditions set forth in this Agreement. E. LOCKOUT AND STRIKE 1. No lockout of employees shall be instituted by the City during the term of this Agreement. 2. No unlawful strikes or work stoppages by City employees, as defined in Section 3-624 of the FMC, or applicable State bargaining laws, shall be caused, instigated, encouraged, condoned, participated in, or honored by the Union or its members during the term of this Agreement. 3. During the term of this Agreement, the Union will not condone or support so-called “sympathy strikes” where a strike or work stoppage is declared by another Union.” F. EXCHANGE OF INFORMATION Union Stewards - A written list of the Officers of Union and the Union Stewards with the specific areas they represent shall be furnished to the City immediately after their designation and the Union shall notify the City promptly in writing of any changes of such Union Officers or Stewards. City Information - On a regular basis, the City shall provide to the Union a copy of amendments to the Administrative Orders manual, new and amended salary resolutions, new and amended position authorization resolutions, job bulletins for classes in this Unit, and copies of new and revised class specifications prior to promulgation, of which such class specification copies shall serve as notice to the Union relative to effects bargaining. G. UNION BULLETIN BOARDS The Union may use bulletin boards designated by the City to post materials related to Union business (political advertisements shall not be considered Union material). Any materials posted must be dated, initialed by the Union representative responsible for the posting, and a copy of all materials posted must be distributed to the department head or designee at the time of posting. The Union agrees that nothing libelous, obscene, defamatory, or of a partisan political nature shall be posted. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 6 H. NOTICE FOR REQUEST OF LEAVE TO ATTEND MEET AND CONFER SESSIONS The Union shall provide the City not less than two (2) days prior notice when requesting leave with or without pay to attend meet and confer sessions. When two days’ notice cannot be provided, notice shall be provided as soon as possible. This Section shall not be interpreted to require the City to grant any such leave, but instead is intended to provide prior notice of requests for leave, so that the City may attempt to allow such leave with a minimum of interruption of schedules and operations. I. ACCESS TO CITY FACILITIES Access to City facilities shall be governed by the provisions of FMC 3-622, as the same may be amended from time to time. J. NEW EMPLOYEE ORIENTATION The Personnel Services Department (PSD) provides a new employee orientation program to all new City employees (i.e., NEO). PSD will notify the Union at least ten (10) calendar days’ in advance of a scheduled NEO, and at the end of the work week immediately preceding the NEO if the NEO will include any individuals who will be represented by the Union, unless the City is unable to reasonably do so because of an unforeseeable urgent need critical to City operations. A representative selected by the Union will be invited to the NEO meeting room immediately prior to a session to be conducted by the bargaining unit and will be introduced by a City staff member. The Union will be provided an opportunity to meet with new bargaining unit members at the last session of during the NEO. The session will be scheduled for thirty (30) minutes. This session will not be held if there are no new bargaining unit members attending the NEO or if the Union representative is not available. K. BY-LAWS The Union will provide a copy of its By-Laws to the Labor Relations Division. An updated copy of the By-Laws will be provided to Labor Relations whenever the By- Laws are revised. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 7 ARTICLE V SCOPE OF REPRESENTATION AND GRIEVANCES A. GENERAL 1. "Scope of Representation" means all matters relating to employer- employee relations, including, but not limited to wages, hours, and other terms and conditions of employment. Employee rights, as set forth in FMC Section 3-604, and City rights, as set forth in FMC Section 3-605, are excluded from the scope of representation. 2. The Union is the exclusive representative of all employees holding a permanent position within those classes in the Unit. 3. The Union shall accord fair representation in all matters to all employees in the Unit without regard to whether the particular employee is a member of the Unit. The duty of fair representation shall include but not be limited to all matters related to collective bargaining, discipline, contract administration, and grievance processing. Employees covered by this Agreement shall have all rights specified in Government Code Section 3502.5(b). 4. Upon request by the Union, and due to extraordinary circumstances specified in such request, a department director, or such other persons whom the department director shall designate, shall allow reasonable access by Union officers or their officially designated representatives for a limited time to job sites for the purposes of processing grievances or conducting business within the scope of representation, except as access is requested for purposes which are precluded by the last sentence of FMC Section 3-622. Except as the granting of such requests shall unreasonably interfere with departmental operations or established safety or security requirements, such requests shall be granted. B. GRIEVANCES 1. A grievance is a dispute concerning the interpretation or application of any existing City policy, practice, written rule or regulation governing personnel practices or working conditions, including this Agreement. A grievance involves the claimed misapplication or misinterpretation of a rule or regulation relating to an existing right or duty; it does not relate to the establishment or abolishment of a right or duty. This procedure shall not apply to any dispute for which there is another established resolution procedure, including but not limited to, appeal to the Fresno Civil Service Board, Retirement Board, Public Employee Relations Board unfair MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 8 employer-employee relations charge, or fact-finding procedure, or as outlined below. Grievances regarding probationary demotions/terminations and disciplinary actions excluded from the Civil Service Board process, shall not proceed past Step 2 of the Grievance Procedure. 2. A written grievance must set forth the rule, regulation, policy, or practice claimed to have been violated, describe the specific incident or circumstances of the alleged violation, and specify the remedy sought or it will be returned to the grievant for appropriate completion. Any dispute between the parties as to the grievability of an issue or as to whether the requirements of this procedure have been met shall be presented to the Grievance Advisory Committee (GAC), or to an arbitrator if arbitration has been elected under Step 3 below. The Committee or arbitrator shall rule on the dispute before proceeding with the hearing. The Committee or arbitrator will be bound by the agreement of the parties regarding timeliness unless the parties have mutually agreed to waive time lines. 3. Union Officers and Stewards designated under Article IV, Section F of this Agreement shall be excused without loss of compensation from their regular duties for such time as is necessary to attend and represent the grievant at grievance hearings, beginning at the first level of the procedure. 4. The procedure and sequence in filing and processing a grievance shall be as follows: Step One - Filing the Grievance The grievant and/or Union representative shall discuss the grievance with the grievant’s immediate supervisor or designee before a written grievance may be filed. a. If the grievance is not settled through this discussion a written grievance may be filed with the grievant’s immediate supervisor or designee. A written grievance must be filed, with a copy being sent to the Union and Labor Relations Division, within twenty-one (21) calendar days from the time the grievant becomes aware or should have become aware of the issue or incident giving rise to the problem. b. Upon receipt of a written grievance, the immediate supervisor or designee shall give the grievant a written reply within fourteen (14) calendar days. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 9 Step Two - Department Head Review Should the grievant not be satisfied with the answer received from grievant’s immediate supervisor or designee, the grievant may within fourteen (14) calendar days file an appeal to the department head or designee. The department head or designee shall have twenty-one (21) calendar days after receipt of the appeal to review the matter, investigate, and provide a written answer to the appeal explaining clearly the decision or proposed action and reasons thereof. The department head or designee may confer with the grievant and appropriate supervisors in an attempt to bring about a mutually acceptable solution. Step Three - Mediation/GAC/Binding Arbitration a. Only the Union can move a grievance to Step Three. b. If the grievant is not satisfied with the decision of the department head or designee, the Union may, within fourteen (14) calendar days after receipt of the written reply, file a request for a review of the department head’s or designee’s decision to the Grievance Advisory Committee or through binding arbitration as outlined in Subsection e. below. c. The City and the Union may mutually agree to waive steps one (1) and two (2) and proceed directly to hearing by the Grievance Advisory Committee or binding arbitration when the issue is one over which the grievant’s supervisor or designee, or department head or designee has no jurisdiction. d. The City and the Union may agree to seek resolution of the grievance through mediation using the services of the State Mediation and Conciliation Service, prior to hearing by the Grievance Advisory Committee or binding arbitration. Time limits for processing of the grievance are automatically extended for as long as mediation is in process. e. The Union shall be limited to two (2) requests for binding arbitration per fiscal year on a grievance that involves a dispute concerning the interpretation or application of an existing City policy, practice, written rule or regulation. There shall be no limitation on requests for binding arbitration dealing with MOU interpretation or application. Any request for binding arbitration that does not meet the requirements of this Subsection shall not be processed, and such grievance concludes at Step One above. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 10 The arbitrator shall hold a hearing on the issue or issues submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issues, or issues, and render a written decision and reasons for the opinion within thirty (30) calendar days following the closing of the arbitration hearing, unless the period has been mutually extended in writing by all parties. The decision shall be sent to the Labor Relations Division and to the Union. The arbitrator’s decision shall be final and binding. f. The Grievance Advisory Committee (GAC) shall be comprised of three (3) members: one selected by the Grievant, one selected by the City and the chairperson. The GAC chairperson or arbitrator may be chosen either by mutual agreement of the Union and the City, or by the "strike" method from a list of neutrals provided by the State Mediation and Conciliation Service. If the GAC chairperson is selected by the strike method from the list of neutrals provided by the State Mediation and Conciliation Service, then the GAC shall be comprised exclusively of the selected neutral. The City and the Union shall select a chairperson or arbitrator within fourteen (14) calendar days of the receipt of a grievance requesting review by a Grievance Advisory Committee by the Labor Relations Division or upon receipt of the list of neutrals from State Mediation and Conciliation Service. Fees and expenses of the chairperson or arbitrator shall be paid half by the City and half by the Union, provided, however, that the GAC or arbitrator may recommend that the City or the Union, pay the total of such fees and expenses should it find that, but for the unreasonableness of that party's posture, the convening of the Committee or arbitration would not have been necessary. g. From the date a grievance, otherwise meeting all criteria for the filing and processing of a grievance, reaches the Labor Relations Division, the Grievance Advisory Committee will attempt to convene within thirty (30) calendar days in order to hear the grievance. h. All time limits herein may be extended by mutual agreement of the parties. The parties agree that if a time limit for filing a grievance, grievance appeal, or response ends on a Saturday, Sunday, or holiday as listed in this Agreement, the time limits shall be extended to the next regular business day. i. The Grievance Advisory Committee shall talk to the employees and the supervisor involved to set forth in writing the facts of the particular situation as objectively as possible and recommend a solution to the City Manager or designee within thirty (30) calendar days of its last meeting. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 11 j. If the grievance has been submitted to a GAC, the City Manager or designee shall review the decision of the department head or designee and recommendations of the Grievance Advisory Committee and shall render a written decision to the grievant within twenty-one (21) calendar days after receipt from the Grievance Advisory Committee. k. Failure of the grievant to file an appeal within the specified time limit for any but the first step of the procedure shall constitute an abandonment of the grievance process. Failure of the responsible supervisor or official of the City to render a decision within the specified time limit established by this procedure shall automatically move the grievance to the next higher level for action, without any further action required of the grievant. C. USE OF HEARING OFFICER IN DISCIPLINARY ACTIONS INITIATED BY CITY Use of a hearing officer in disciplinary actions shall be in accordance with FMC Section 3-283. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 12 ARTICLE VI DUES DEDUCTION A. GENERAL 1. The City shall deduct the dues or benefit premiums, or both, following receipt of notice from the Union that authorization has been provided to the Union by an employee in the Unit. The City shall stop dues deductions or benefit premium deductions, or both, upon receipt of notice from the Union that authorization has been provided to the Union by members in the Unit. Should there be a dispute regarding the deduction of dues, the Union shall provide the City with a copy of the authorization(s) signed by the employee. 2. The Union, in consideration for and as a condition of the City withholding and transmitting payroll and benefit deductions authorized by this Section and in compliance with SB 866 Government Code Section 1157.12, shall indemnify and hold harmless the City of Fresno, its officers, and employees from any liability that may result from making, canceling, or changing requested deductions. B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION CARD The member's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorized. When a member is in a non-pay status for an entire pay period, no dues deduction shall be made from future earnings to cover that pay period, nor may the member be required to deposit, nor may the member deposit with the City Controller, the amount which would have been deducted if the member had been in a pay status during that period. In the case of a member who is in a non-pay status during only a part of the pay period and whose salary is insufficient to cover other legal and required deductions, no dues deduction or deposit shall be made. C. DUES DEDUCTION 1. Dues deductions covering all such deductions shall be transmitted by electronic funds transfer to an account specified by Stationary Engineers, Local 39. 2. Dues deductions will be transmitted at least monthly. 3. The City agrees to provide the Union with an electronic file that shows the total amount authorized for deduction from each member's check. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 13 ARTICLE VII COMPENSATION AND BENEFITS A. GENERAL All economic benefits, provided by Council ordinance or formal Council resolution and not otherwise clearly and explicitly modified or restricted in this Agreement, shall be continued without alteration during the term of this Agreement. B. SALARIES/PENSION 1. Salaries Effective January 2, 2023 January 6, 2020, the base rate of pay of all employees in this unit will be increased by three percent (3%) as reflected on Exhibit I, attached hereto and incorporated by reference. Effective June 19, 2023 January 4, 2021, the base rate of pay of all employees in this unit will be increased by an additional three percent (3%) as reflected on Exhibit II, attached hereto and incorporated by reference. Effective December 18, 2023, the base rate of pay of all employees in this unit will be increased by an additional one percent (1%) as reflected on Exhibit III, attached hereto and incorporated by reference. Effective June 17, 2024 January 3, 2022, the base rate of pay of all employees in this unit will be increased by an additional two three percent (2% 3%) as reflected on Exhibit IV III, attached hereto and incorporated by reference. Effective December 30, 2024, the base rate of pay of all employees in this unit will be increased by an additional two percent (2%) as reflected on Exhibit V, attached hereto and incorporated by reference. 2. Pension Contribution a. Contributions for Employees Hired On or After May 29, 2017: Employees hired by the City on or after May 29, 2017, shall make an additional contribution equal to one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. Employees hired by the City prior to May 29, 2017, who enter Unit 1 on or after May 29, 2017, and were paying an additional one and one half percent (1.5%) of their pensionable MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 14 compensation immediately prior to entering Unit 1, shall continue to pay the additional one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one half percent (1.5%) contribution in cash. The one and one half percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account, nor will it be deposited into a member’s Deferred Retirement Option Program (“DROP”) account. Employees who separate City employment regardless of reason and withdraw their employee contributions from the Retirement System between the date this agreement is approved by the City, and the effective date of a Fresno Municipal Code amendment pursuant to the provisions in this Section will have an amount equivalent to the additional one and one half percent (1.5%) the employee contributed pursuant to these provisions refunded by the City of Fresno. b. Contributions for Employees Under Proposed Fresno Municipal Code Amendment: After this MOU becomes effective, the City will provide notice to all affected bargaining units of its intent to recommend consideration of an amendment to the Fresno Municipal Code to allow the additional one and one half percent (1.5%) contribution to reduce the City’s contribution amount to stop and to become part of the Member Normal Contribution Rate set forth in the Employees Retirement System (“Retirement System”). If the Municipal Code is so amended, the City and the Union agree that, on the first pay period following the date the new FMC provision goes into effect, the following will apply if approved by the City Council: Members of the Retirement System who are paying an additional 1.5% into the Retirement System shall have their Member Normal Contribution Rate increased by an additional one and one half percent (1.5%) which will be added to their existing Entry Age Normal Contribution Rate effective the date the Fresno Municipal Code amendment becomes effective. If the process of amending the Municipal Code as outlined above is not completed within 12 months of approval of this MOU, the parties agree to a MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 15 limited reopener on the additional pension contribution of one and one half percent (1.5%). Any modification of this provision will require mutual agreement. C. BONUS PAY The parties agree to meet and confer during the term of this MOU to discuss bonus pay for performance plans for employees of this Unit. Any implementation of a bonus plan(s) shall be by mutual agreement of the parties. C. WASTEWATER TREATMENT PLANT PAY Employees who are active as of the effective date of this MOU who were in the classifications of Senior Wastewater Treatment Plant Operator, Wastewater Treatment Plant Specialist, Wastewater Treatment Plant Technician, Wastewater Treatment Plant Operator-in-Training, and Power Generation Operator/Mechanic assigned to the Wastewater Treatment Plant at any point during the timeframe of April 6, 2020 to January 17, 2021 are eligible to receive a one-time payment as listed below. This one-time payment shall be pro-rated based on actual time spent by the eligible employee in each classification during the timeframe above. The one-time payment will be paid in the employee’s regular paycheck no later than sixty (60) calendar days after the effective date of the MOU. This pay shall not be pensionable under the City of Fresno Retirement System. • Senior Wastewater Treatment Plant Operator $8,050.00 • Power Generation Operator/Mechanic $7,437.00 • Wastewater Treatment Plant Specialist $6,825.00 • Wastewater Treatment Plant Technician $5,163.00 • Wastewater Treatment Plant Operator-in-Training $4,457.00 D. OVERTIME Departments shall endeavor to distribute overtime work as equally as practical within a work unit, with the understanding that many qualifying factors, such as expertise, job location, employee availability, etc. can and will influence overtime assignments. 1. Employees shall be paid for overtime in accordance with Chapter 3, Article 1, Section 3-117 of the FMC and as follows, except as may be modified by this MOU. All authorized actual time worked over eight (8) hours (or over ten (10) hours in the case of an employee working a 4/10 schedule), or over forty (40) hours in any workweek or any authorized actual time worked on a regularly scheduled day off, will be compensated at the applicable overtime rate. If an employee is required to work during the employee’s meal period with the approval of the employee's supervisor, and MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 16 if no alternate meal period is taken, said time shall be compensated at the applicable overtime hourly rate of pay if the time worked exceeds that of the employee’s normal schedule/shift. a. Employees Working a 5/8 Schedule: (1) Work performed in excess of eight (8) hours on a regular workday and work performed on the employee’s first regular day off but not a holiday shall be compensated at one and one-half (1-1/2) times the applicable hourly rate. (2) Work performed on the employee’s second regular day off shall be compensated at twice two (2) times the applicable hourly rate. b. Employees Working a 4/10 Schedule: All employees who work a regularly scheduled workday of ten (10) hours during a regularly scheduled workweek of four (4) days shall be compensated for approved overtime work by additional pay as follows: (1) Work performed in excess of ten (10) hours in one (1) day or on either or both of the first two (2) scheduled days off in a workweek shall be compensated at one and one-half (1-1/2) times the applicable hourly rate. (2) Work performed on the third scheduled day off in a workweek, shall be compensated at two (2) times the applicable hourly rate. c. If overtime continues past midnight and rolls into the following work day, the overtime will be paid at the rate effective at the start of the shift. 2. In clarification of the above, iIt is the policy of the City that overtime work is to be discouraged. However, in case of emergency or whenever the public interest requires, the Chief Administrative Officer, or any department head or designee with respect to any employee in the department head’s or designee’s department, may require an employee to perform overtime work. No employee shall be entitled to compensation or compensating time off for overtime work unless such overtime work is approved as provided in this Agreement. 3. There shall be no pyramiding or duplication of overtime or premium rates. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 17 4. If an employee is required to work during the employee’s meal period with the approval of the employee's supervisor, and if no alternate meal period is taken, said time shall be compensated at the applicable overtime hourly rate of pay if the time worked exceeds that of the employee’s normal schedule/shift. 5. Excluding holidays, all employees shall be compensated for approved overtime work by additional pay as follows (rRefer to Article VII, Section H Subsection 1. for holiday overtime compensation): for working on a holiday. 6. The City shall not adjust a regular workweek schedule during said workweek to avoid the payment of overtime. 7. Overtime shall be credited in units of one-tenth of an hour. Overtime shall not be credited for units of overtime less than one-tenth of an hour, and fractional units of overtime less than one-tenth of an hour shall not accumulate. 8. Assignment of Overtime The procedures in this sub-section (sub-section f.8) shall not apply to the Water Distribution mandatory overtime list for stand-by/emergency operations. In the event the procedures outlined in this subsection create an operational inefficiency, the parties agree to meet and confer on separate provisions which shall be incorporated via side letter to this MOU upon mutual agreement. a. The Personnel Services Department shall maintain a list of work units. Any changes to the list will be provided to the Union in advance of the change. b. Managers of work units must post and maintain a sign up list for voluntary overtime in an area accessible to all employees in the work unit. Employees who wish to work voluntary overtime shall add their name to the voluntary overtime list. Employees may remove their name or add their name to the list at any time. Employees who add their name to the list will be added in order of their respective seniority rank. c. Available overtime assignments will be staffed as follows: (1) Overtime assignments will first be staffed by employees who have signed up on the voluntary overtime list by work unit. Management will contact eEmployees will be called from the work unit voluntary overtime list in seniority MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 18 order by classification. After the most senior employee(s) accepts the overtime assignment, declines the overtime assignment, or does not respond to the City’s attempt to contact the employee, the City will contact the next most senior employee until the overtime assignment is staffed. If an employee works, declines, or does not respond to the call Management’s attempt to contact the employee, the employee will be moved to the bottom of the list and will rotate through the list. If the overtime work is planned at least two (2) days in advance, employees will have one (1) hour to respond to the offer of overtime before moving to Management contacts the next name on the seniority voluntary overtime list. (2) In the event If it is not possible to staff the scheduled overtime assignment from the voluntary overtime list, consistent with the provisions in subsection c(1) above, qualified employees will be required to work overtime and will be assigned in reverse seniority order in rotation, unless the Manager management is able to staff the assignment with volunteers from other work units. (3) Overtime which is the result of a need to finish work, or an assignment which started during the regular work day will, absent extenuating circumstances, be completed by the employee(s) who are doing the work or assignment. (4) When an employee has been assigned In the event a work unit assigns employees to be on standby duty, unplanned overtime will be performed by the employee(s) assigned standby unless the unplanned overtime is the result of a need to finish work pursuant to subsection c(3) above. All other overtime assignments will be assigned consistent with subsections c(1) and c(2) above. (5) The City reserves the right to determine whether or not an employee possesses the qualifications necessary to perform the scheduled overtime work. (6) Employees on the voluntary overtime list who are on unscheduled leave during their regularly assigned work shift prior to scheduled the overtime assignment will go to the bottom of the list and will not be eligible to work overtime until the list goes through an entire rotation. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 19 (7) Employees on the voluntary overtime list who are on scheduled leave during their regularly assigned work shift prior to the overtime assignment will be contacted for an overtime assignment consistent with subsection c(1) above. (8) Employees who are assigned scheduled overtime in accordance with this provision who do not report for the scheduled overtime will be removed from the scheduled voluntary overtime list for a period of three (3) months and may be subject to disciplinary action. 2. Call Back - Employees called back into work without prior notice and after they have left the assigned work area for the day, shall receive pay for a minimum of two (2) hours at the applicable overtime rate time and one-half (1 ½) times the employee’s base rate of pay commencing from the time the employee receives the call and ending when the employee returns home, except that the employee shall be paid for a maximum of one-half (1/2) hour of actual travel time each way, unless such call-in precedes an employee's scheduled shift. An employee called in to work on the employee’s second day off will be paid a minimum of two (2) hours at two (2) times the employee’s base rate of pay commencing from the time the employee receives the call and ending when the employee returns home, except that the employee shall be paid for a maximum of one-half (1/2) hour of actual travel time each way, unless such call- in precedes an employee’s scheduled shift. Employees on a 4/10 schedule will get one and one-half (1 ½) times the employee’s base rate of pay on the employee’s first and second day off, and will receive two (2) times the employee’s base rate of pay on the employee’s third day off. If a call continues past midnight and rolls into the following work day, the entire call will be paid at the rate effective at the start of the call. 3. Telephone Calls/Electronic Communications – Employees who are called at home contacted outside of their scheduled work hours to assist with City work that must be accomplished, but are not called to a worksite, shall receive a minimum of twelve (12) minutes of pay for each such call communication. Calls Communication such as attempts to locate the employee or provide information on changes in work schedules are not compensable for the purpose of this provision. Communication received after leaving the assigned work area for the day, or on the employee’s first day off, shall be paid at one and one-half (1 ½) times the employee’s base rate of pay. Communication received on the employee’s second day off will be paid at two (2) times the employee’s base rate of pay. Employees on a 4/10 schedule will get one and one- half (1 ½) times the employee’s base rate of pay on the employee’s MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 20 first and second day off, and will receive two (2) times the employee’s base salary on the third day off. 4. There shall be no pyramiding or duplication of overtime or premium rates. 5. In clarification of the above, it is the policy of the City that overtime work is to be discouraged. However, in case of emergency or whenever the public interest requires, the Chief Administrative Officer, or any department head or designee with respect to any employee in the department head’s or designee’s department, may require an employee to perform overtime work. No employee shall be entitled to compensation or compensating time off for overtime work unless such overtime work is approved as provided in this Agreement. 6. Excluding holidays, all employees shall be compensated for approved overtime work by additional pay as follows (refer to Article VII, Section H Subsection 1. for holiday overtime compensation): a. Work performed in excess of eight hours on a regular workday and work performed on the employee’s first regular day off but not a holiday shall be compensated at one and one-half times the applicable hourly rate. b. Work performed on the employee’s second regular day off shall be compensated at twice the applicable hourly rate. c. The provisions of Subsections 6.a. through 6.b. above shall not apply to any employee who works a regularly scheduled workday of ten hours during a regularly scheduled workweek of four days. d. Overtime shall be credited in units of one-tenth of an hour. e. All employees who work a regularly scheduled workday of ten hours during a regularly scheduled workweek of four days shall be compensated for approved overtime work by additional pay as follows: (1) Work performed in excess of ten hours in one day or on either or both of the first two scheduled days off in a workweek shall be compensated at one and one-half times the applicable hourly rate. (2) Work performed on the third scheduled day off in a workweek, shall be compensated at two times the applicable hourly rate. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 21 f. The procedures in this sub-section (sub-section f.) shall not apply to the Water Distribution mandatory overtime list for stand- by/emergency operations. Managers of work units must post and maintain a sign up list for voluntary overtime in an area accessible to all employees in the work unit. Employees who wish to work voluntary overtime shall add their name to the list. Employees may remove their name or add their name to the list at any time. Departments shall endeavor to distribute overtime work as equally as practical within a work unit, with the understanding that many qualifying factors, such as expertise, job location, employee availability, etc. can and will influence overtime assignments. Overtime which is the result of a need to finish work, or an assignment which started during the regular work day will, absent extenuating circumstances, be completed by the employee(s) who are doing the work or assignment. When an employee has been assigned standby duty, unplanned overtime will be performed by the employee(s) assigned standby. Planned overtime will be assigned by seniority from the voluntary overtime list. Employees will be called from the work unit voluntary overtime list in seniority order by classification. After the most senior employee(s) accepts the overtime assignment, declines the overtime assignment, or does not respond to the City’s attempt to contact the employee, the City will contact the next most senior employee until the overtime assignment is staffed. If an employee works, declines, or does not respond to the call, the employee will be moved to the bottom of the list and will rotate through the list. If the overtime work is planned at least two days in advance, employees will have one hour to respond to the offer of overtime before moving to the next name on the seniority list. The City reserves the right to determine whether or not an employee possesses the qualifications necessary to perform the scheduled overtime work. Employees who are on unscheduled leave during their regularly assigned work shift prior to scheduled overtime will go to the bottom of the list and will not be eligible to work overtime until the list goes through an entire rotation. Employees who are assigned scheduled overtime in accordance with this provision who do not report for the scheduled overtime will MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 22 be removed from the scheduled overtime list for a period of three (3) months and may be subject to disciplinary action. In the event it is not possible to staff the scheduled overtime assignment, consistent with the provisions above, qualified employees will be required to work in reverse seniority order in rotation, unless the Manager is able to staff the assignment with volunteers from other work units. The Personnel Services Department shall maintain a list of work units. Any changes to the list will be provided to the Union in advance of the change. g. The City shall not adjust a regular workweek schedule during said workweek to avoid the payment of overtime. h. Overtime shall not be credited for units of overtime less than one- tenth of an hour, and fractional units of overtime less than one-tenth of an hour shall not accumulate. E. COMPENSATORY TIME OFF (CTO) 1. Effective with City Council approval of this MOU, an employee has the option to accrue CTO in lieu of cash payment for overtime hours worked for the first twenty (20) hours of overtime worked in a fiscal year. At management’s discretion, an employee Employees may accrue additional CTO in lieu of cash for overtime hours worked subject to the limitations noted below. CTO may only be used for time off and may not be cashed out except upon separation from employment. However, in the last pay period of each fiscal year, any unused CTO which is not carried over to the next fiscal year pursuant to Subsection 2. below, will be cashed out by the City at the employee’s base rate of pay. 12. Maximum Accrual CTO shall be accumulated at the applicable straight time, time and one-half, or double time rate for the time worked. The employee may accrue a CTO balance not to exceed eighty (80) hours. Employees who have reached the maximum accrual (80 hours) shall be given cash payment for additional overtime hours worked until such balance has been reduced below the maximum allowable amount of eighty (80) hours. Employees may carry over a maximum of forty (40) hours of their CTO balance to the next fiscal year. A request for carry over of hours, including the number of hours to be carried over, must be submitted in writing to the department/division no later than May 30 of each year. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 23 2. CTO Usage Employees may use CTO may only be used for time off. The use of accumulated CTO shall be requested, and subject to approval, the same manner as is vacation. 3. Cash Out Employees may request cash out of any accrued CTO hours at their current base rate of pay at any time. and The balance may not also be cashed out by the City at the employee’s base rate of pay except upon separation from employment or. However, in the last pay period of each fiscal year, any unused CTO which is if not carried over to the next fiscal year pursuant to Subsection 42. below, will be cashed out by the City at the employee’s base rate of pay. 43. Carry Over Employees who have reached the maximum accrual (80 hours) shall be given cash payment for additional overtime hours worked until such balance has been reduced below the maximum allowable amount of eighty (80) hours. Employees may carry over a maximum of forty (40) hours of their CTO balance to the next fiscal year. A request for carry over of hours, including the number of hours to be carried over, must be submitted in writing to the department/division no later than May 30 of each year. 4. CTO shall be accumulated at the applicable straight time, time and one-half, or double time rate for the time worked. 5. The use of accumulated CTO shall be requested, and subject to approval, the same manner as is vacation. F. PREMIUM PAY 1. P.M. Hours Premium Pay If one-half (½) or more of an employee’s regularly scheduled shift hours fall between the hours of 5:00 p.m. and midnight, the night shift premium pay will be $1.25 $1.45 per hour for all actual hours worked that shift. If one-half (½) or more of an employee’s regularly scheduled shift hours fall between the hours of midnight and 8:00 a.m., the night shift premium pay will be $1.75 $2.30 per hour for all actual hours worked that shift. This pay is pensionable under the City of Fresno Retirement System. 2. Height Work MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 24 Employees on specific assignment from management, working on poles, towers other than a tower erection, or trees at a height of 50 feet or more shall receive double their base rate of pay for all actual hours worked at such heights. 3. Standby Pay a. Standby duty may be assigned at the discretion of management. Standby duty shall be assigned on a rotating basis in accordance with sub-section c. below. An employee assigned standby duty will be required to carry a pager or City cell phone and shall refrain from consuming alcohol or taking any substance which may impair the employee’s ability to perform all required duties. Employees on standby duty are required to respond, and shall report to the work site within one hour of being paged or called. Standby pay shall be $1.65 $1.90 per hour. This pay is pensionable under the City of Fresno Retirement System. b. Time spent on standby duty shall not be considered hours worked. In the event an employee on standby duty is required, and does report to the work site after leaving the assigned work area for the day, the employee will be compensated as provided in Article VII, Section D., Subsection 2. of this Agreement. In the event an employee on standby duty responds to a telephone call regarding City work, but does not report to the work site, the employee shall be compensated as provided in Article VII, Section D., Subsection 3. of this Agreement. c. Standby Rotation (1) For standby assignments that are assigned, either on an annual or seasonal basis, employees will be rotated through standby assignments in seniority order by classification within the work unit. The most senior employee will receive the first assignment. The next most senior employee will receive the next assignment, and so on until all employees have been assigned. The assignment will then again go to the most senior employee. Employees who are not available for the entire duration of their scheduled standby assignment due to unscheduled leave will be moved to the bottom of the rotation and will rotate through until they have worked a standby assignment. Employees who are not available for a portion of their scheduled standby assignment due MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 25 to unscheduled leave will resume their standby assignment upon returning to work. If an employee is not available for the any portion of their assigned standby assignment because of unscheduled leave, the employee will be moved to the bottom of the rotation standby assignment will be staffed pursuant to subsection c(2) below. (2) Voluntary and Mandatory Standby If standby assignments are assigned on an annual or seasonal basis, departments shall post and maintain a voluntary standby list in an area accessible to all applicable employees whereby employees may volunteer to work the standby assignment of an employee absent due to unscheduled leave. The voluntary standby list will be used to cover the standby assignment of an employee absent on unscheduled leave on a daily basis. Employees may add or remove their name from the voluntary standby list at any time. Employees who add their name to the list will be added in order of their respective seniority rank. Based on operational need, the voluntary standby list may be established by work unit or department division. Management will first attempt to fill the standby assignment of the employee on unscheduled leave by contacting employees on the voluntary standby list in seniority order in the same job classification of the employee absent due to unscheduled leave. If the standby assignment cannot be filled by an employee on the voluntary standby list in the same job classification of the employee on unscheduled leave, management will then contact employees on the voluntary standby list in seniority order who possess the required qualifications to perform duties required of the standby assignment, e.g., a requisite certification. After the most senior employee accepts the standby assignment, declines the standby assignment, or does not respond to the City’s attempt to contact the employee, the City will contact the next most senior MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 26 employee until the standby assignment is staffed. If an employee works, declines, or does not respond to Management’s attempt to contact the employee, the employee will be moved to the bottom of the voluntary standby list and will rotate through the list. When an employee is at the top of the voluntary standby list and it is their turn to work the next voluntary standby assignment due to an employee absent on unscheduled leave but is on unscheduled leave themselves, the employee will go to the bottom of the voluntary standby list and will not be eligible to work voluntary standby until the list goes through an entire rotation. Employees on the voluntary standby list who are on scheduled leave when they are at the top of the list for a voluntary standby assignment will be contacted for a standby assignment consistent with this subsection. If it is not possible to staff the standby assignment of an employee on unscheduled leave from the voluntary standby list, employees in the same job classification or employees who possess required qualifications, e.g., a requisite certification, will be assigned mandatory standby in reverse seniority order in rotation on a daily basis. Employees who are assigned standby, either voluntary or mandatory, who do not report for their standby assignment, may be subject to corrective/disciplinary action. In addition, employees on the voluntary standby list who are assigned standby in accordance with this subsection who do not report for their standby assignment will be removed from the voluntary standby list for a period of three (3) months. (4) Standby Assignment Forfeiture Employees may forfeit all or a portion of their scheduled standby assignment. Employees wishing to forfeit any portion of their scheduled standby assignment must secure a replacement employee to work the scheduled standby assignment under the following criteria: MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 27 (a) The replacement employee must be assigned to the same work unit or department division consistent with the establishment of the voluntary standby list; (b) The replacement employee must be in the same job classification of the forfeiting employee or possess the requisite qualifications to perform duties required of the standby assignment, e.g., a required certification; and (c) The replacement employee may not already be scheduled to work their own standby assignment on the forfeited days. Employees forfeiting multiple days of a scheduled standby assignment may secure different qualifying employees to fulfill their standby assignment each day. Employees wishing to forfeit any portion of their scheduled standby must submit a written request for approval to their manager or designee including the date(s) of the forfeiture and name(s) and job classification(s) of the employee(s) fulfilling the forfeited standby assignment at least three (3) calendar days prior to their scheduled standby assignment. Employees who forfeit a portion of their scheduled standby assignment will resume standby for the remainder of their assignment. Employees who forfeit their entire standby assignment will be moved to the bottom of the standby rotation. (5) The City reserves the right to determine whether or not an employee possesses the qualifications necessary to perform the standby assignment. d. Employees on standby who are not assigned a City vehicle who receive a call back assignment may receive mileage reimbursement for travel to and from the designated call back location at the Internal Revenue Service (IRS) standard mileage rate in effect at the time of travel. Mileage reimbursement shall be in accordance with provisions of Administrative Order (AO) 2-2. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 28 4. Permit-Required Confined Space Pay Employees specifically assigned to work in a hazardous Permit-Required Confined space as defined by CAL-OSHA under Title 8 of the California Code of Regulations, Section 5157, shall receive a pay differential of $1.90 per hour for each hour or portion thereof while working in the space as assigned. This pay is pensionable under the City of Fresno Retirement System. 5. Code Enforcement/Abatement Team and Solid Waste/Homeless Assistance Response Team (HART) Task Force Employees in the Code Enforcement Division of the City Attorney’s Office who are specifically assigned to the Abatement Team and employees this Unit in the Solid Waste Division of the Department of Public Utilities who are specifically assigned to the HART Homeless Taskforce on an ongoing basis shall receive a monthly premium pay of seventy-five dollars ($75) one hundred dollars ($100) per month. Employees who are not specifically assigned to either team but may be assigned to assist on a day-to-day basis shall receive a daily premium pay of five dollars ($5) per day if on a 5/8 schedule, or six dollars and twenty-five cents ($6.25) per day if on a 4/10 schedule, not to exceed one hundred dollars ($100) in any calendar month. This pay is pensionable under the City of Fresno Retirement System. 6. Surface Water Treatment Facility Employees in the class of Senior Water Treatment Plant Operator specifically assigned to work at the Surface Water Treatment Facility shall receive a monthly premium pay of three hundred seventy-five dollars ($375) per month. 67. Certificates Certificate pay will become effective on the first day of the pay period in which the employee submits the applicable new or renewal certificate to their department or the effective date of the new or renewal certificate, whichever is later. Upon expiration of the certificate(s) for which an employee is receiving certificate pay, certificate pay will be discontinued until such time the employee submits their renewal certificate to their department. Certificate pay will not be paid retroactively. Exceptions due to exigent circumstances, such as an error or delay on behalf of the organization issuing the certificate, may be considered on a case-by-case basis by the Director of Personnel Services or designee. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 29 a. Body and Fender – Employees in the class of Body and Fender Repairer/Leadworker, who possess a valid Master Collision Repair/Refinishing Technician Certificate, issued by the National Institute for Automotive Excellence, shall receive two hundred dollars ($200) per month. This pay is pensionable under the City of Fresno Retirement System. b. Mechanic – Employees in the class of Bus Mechanic I/II/Leadworker and Heavy Equipment Mechanic I/II/Leadworker, who possess a valid Master Medium-Heavy Duty Truck Technician Certificate or Master Bus Technician Certificate, and Fire Equipment Mechanic I/II/Leadworker who possess a Medium Heavy Duty Truck Certificate, and Light Equipment Mechanic I/II/Leadworker, who possess a valid Master Automobile Technician Certificate, issued by the National Institute for Automotive Service Excellence (NIASE), shall receive two hundred dollars ($200) per month. This pay is pensionable under the City of Fresno Retirement System. In order to continue to receive certification pay, incumbent Bus Mechanic Equipment I/II/Leadworkers shall recertify by passing the Transit Bus Technician series tests prior to expiration of the certification. In order to continue to receive certification pay, incumbent Heavy Equipment Mechanic I/II/Leadworkers shall recertify by passing the Medium-Heavy Truck Technician series tests prior to expiration of the certification. (1) Blue Seal of Excellence Recognition – Employees assigned to FAX, Fire or Fleet equipment repair facilities in the class of Equipment Service Worker II, those classes noted in 6. b., above, or any other class whose certification contributes to the receipt of the facility’s ASE Blue Seal of Excellence Recognition, shall become eligible to receive six hundred dollars ($600) per year premium pay, paid in the regular paycheck of the first pay period in April or October, following the City’s designation date, pursuant to the following requirements: (a) A FAX, Fire or Fleet facility must receive ASE Blue Seal of Excellence Recognition pursuant to the Program criteria established by the NIASE; (b) the employee must possess at a minimum two (2) applicable ASE certificates pursuant to the Program criteria established by the NIASE; and, MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 30 (c) the employees’, with the exception of Equipment Service Worker II’s, ASE certification(s) must be necessary for the facility’s receipt of the ASE Blue Seal of Excellence Recognition Program. (d) This pay is pensionable under the City of Fresno Retirement System. c. Bus Air Conditioning Mechanic – Employees in the class of Bus Air Conditioning Mechanic/Leadworker who possess a Technician Certification in the H6 Electrical/Electronic Systems and the H7 Heating, Ventilation and A/C in the transit bus series issued by the National Institute for the Automotive Service Excellence shall receive monthly certificate pay of seventy-five dollars ($75). This pay is pensionable under the City of Fresno Retirement System. d. Aviation Mechanic – Employees in the classes of Aviation Mechanic I/II and Aviation Mechanic Leadworker shall receive one hundred fifty dollars ($150) per month for certification and equipment maintenance and support. The City will also provide $250,000 in life insurance/death benefit coverage, solely for “off premises” flying to employees occupying the class of Aviation Mechanic I/II and Aviation Mechanic Leadworker. This pay is pensionable under the City of Fresno Retirement System. e. Automotive Parts Specialist/Leadworker – Employees in the class of Automotive Parts Specialist or Automotive Parts Leadworker, who possess a P1 Medium Heavy Truck Parts Specialist certificate and a P2 Medium Heavy Trucks Specialist certificate issued by the National Institute for Automotive Service Excellence (NIASE) shall receive a monthly certificate pay of fifty dollars ($50). This pay is pensionable under the City of Fresno Retirement System. f. Fire Equipment Mechanics – Employees in the class of Fire Equipment Mechanic I/II who possess a valid Fire Mechanic I certificate or Emergency Vehicle Technician I Certificate from the California Office of the State Fire Marshal (OSFM) shall receive one hundred dollars ($100) per month. Employees in the class of Fire Equipment Mechanic II or Fire Equipment Mechanic Leadworker who possess a valid Fire Mechanic II certificate or Emergency Vehicle Technician II Certificate from the California Office of the State Fire Marshal (OSFM) shall receive one hundred fifty dollars ($150) per month. This pay is pensionable under the City of Fresno Retirement System. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 31 g. Equipment Service Worker IIs – Fire Maintenance – Employees in the class of Equipment Service Worker II (ESW II) assigned to the Fire maintenance section of the Public Safety Fleet Management Division who possess a valid Fire Mechanic I certificate or Emergency Vehicle Technician I Certificate from the California Office of the State Fire Marshal (OSFM) shall receive seventy-five dollars ($75) per month. This pay is pensionable under the City of Fresno Retirement System. h. Underground Storage Tank (UST) Operator Certificate – Employees who are required to obtain and who maintain a valid California Underground Storage Tank (UST) Operator Certificate issued by the International Code Council shall receive seventy-five dollars ($75) per month. This pay is pensionable under the City of Fresno Retirement System. i. Instrumentation Specialist – Employees in the class of Instrumentation Specialist, who possess a valid Electrical/Instrumentation Certificate issued by the California Water Environment Association, shall receive monthly certificate pay as follows: Grade I (Plant Maintenance Technologist) $50 Grade II $75 Grade III $100 Grade IV $150 This pay is pensionable under the City of Fresno Retirement System. j. Collection System Maintenance Operator II/III Technician/Specialist – Employees in the class of Collection System Maintenance Operator II Technician, who possess a valid Grade II Maintenance of Wastewater Collection Systems Technical Certificate issued by the California Water Environment Association, shall receive fifty dollars ($50) per month. Employees in the class of Collection System Maintenance Operator II or III Technician or Specialist, who possess a valid Grade III Maintenance of Wastewater Collection Systems Technical Certificate shall receive seventy-five dollars ($75) per month. Employees in the class of Collection System Maintenance Operator II or III Technician or Specialist who possess a valid Grade IV Maintenance of Wastewater Collection Systems Technical Certificate shall receive one hundred dollars ($100) per month. This pay is pensionable under the City of Fresno Retirement System. Employees in the class of Collection System Maintenance Operator III specifically MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 32 assigned as a lead worker as of September 5, 2016, shall be compensated an additional two hundred dollars ($200) per month. The two hundred dollars per month shall be discontinued when a Lead Classification is created in the Collection System Maintenance series and employees are placed in the Lead Classification. k. Traffic Maintenance – Employees in the class of Traffic Maintenance Worker II/Traffic Maintenance Leadworker who possess a valid Level I or higher Work Zone Traffic Safety Specialist Certificate and a valid Level III or higher Signs and Markings Specialist Certificate issued by the International Municipal Signal Association shall receive sixty dollars ($60) per month. This pay is pensionable under the City of Fresno Retirement System. l. Wastewater Mechanical Series – Employees in the class of Wastewater Mechanical Technician and Wastewater Mechanical Specialist/Senior, who possess a valid Mechanical Technologist Certificate issued by the California Water Environment Association, shall receive monthly certificate pay as follows: Grade I (Plant Maintenance Technologist) $50 Grade II $75 Grade III $100 Grade IV $150 In addition to the above, employees in the class of Wastewater Mechanical Technician and Wastewater Mechanical Specialist/Senior, who possess a valid Water Treatment Operator or Water Distribution Operator Certificate issued by the State of California Department of Health Services Department of Water Resources, State Water Resources Control Board (SWRCB), shall receive one hundred dollars ($100) per month. This pay is pensionable under the City of Fresno Retirement System. m. Wastewater Treatment Plant I/II Technician/Specialist/Senior – Employees in the class of Wastewater Treatment Plant Technician who possess a valid Wastewater Treatment Plant Operator Certificate issued by the State of California Department of Health Services Department of Water Resources, State Water Resources Control Board (SWRCB), shall receive monthly certificate pay as follows: Grade II $75 Grade III $100 Grade IV $150 Grade V $200 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 33 Employees in the class of Wastewater Treatment Plant Specialist who possess a valid Wastewater Treatment Plant Operator Certificate issued by the Department of Water Resources, State Water Resources Control Board, shall receive monthly certificate pay as follows: Grade III $100 Grade IV $150 Grade V $200 Employees in the class of Senior Wastewater Treatment Plant Operator who possess a valid Wastewater Treatment Plant Operator Certificate issued by the Department of Water Resources, State Water Resources Control Board, shall receive monthly certificate pay as follows: Grade IV $150 Grade V $200 In addition to the above, employees in the class of Wastewater Treatment Plant Operator I/II Technician/Specialist/Senior Wastewater Treatment Plant Operator, who possess a valid Water Treatment Operator or Water Distribution Operator Certificate issued by the State of California Department of Health Services, shall receive one hundred dollars ($100) per month. This pay is pensionable under the City of Fresno Retirement System. n. Water Treatment Operator & Water Distribution Operator Certificates It is expressly understood that positions and assignments eligible for this certificate pay will be determined solely at the discretion of management in the applicable division noted below. Employees in the Water Division occupying the classes below who possess a valid Water Treatment Operator Certificate or Water Distribution Operator Certificate issued by the State of California Department of Health Services Department of Water Resources, State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW) shall receive monthly certificate pay as follows, this pay is pensionable under the City of Fresno Retirement System: Classifications Eligible: Instrumentation Specialist Senior Water Distribution/Production Operator Senior Water Treatment Plant Operator MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 34 Water Distribution/Production Technician/Specialist Water Distribution/Production Technician Water Maintenance Mechanic Technician/Specialist Water Maintenance Mechanic Technician Water Quality Technician/Specialist Water Quality Technician Water Treatment Plant Operator Senior Water Distribution/Production Operator Senior Water Treatment Plant Operator DI $50 DII $100 DIII $150 DIV $200 TI $100 TII $200 TIII $250 TIV $300 TV $300 In addition to the above, employees in Water Division who possess both a valid Water Treatment Operator Certificate and Water Distribution Operator Certificate issued by the State of California, Department of Health Services Department of Water Resources, State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW) shall receive one hundred dollars ($100) per month. A certificate which is required as a minimum qualification for the position shall not be used in qualifying for dual certification. Employees with dual certification will be paid at the highest rate due for one (1) of the two (2) certifications in addition to the $100 for dual certification. For example, an eligible employee in a class requiring a DII will require a DIII or higher and a Treatment Operator certificate to be eligible for the dual certification pay. This pay is pensionable under the City of Fresno Retirement System. o. Power Generation Operator/Mechanic (PGOM) – Employees in the classification of PGOM assigned to a water systems environment who are required to obtain and maintain a valid Water Distribution Operator Certificate, Grade DII, issued by the Department of Water Resources, State Water Resources Control Board (SWRCB), and possess the required Grade DII certificate, shall receive monthly certificate pay for the Grade DII certificate pursuant to Article VII, Section F, Subsection 7.n. This pay is pensionable under the City of Fresno Retirement System. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 35 po. Crane Operator – Employees who are required to maintain a Crane Operator License shall receive one hundred dollars ($100) per month. This premium pay is not stackable with premium pay for maintaining a Commercial Driver’s License (CDL) in sub-section p. below. This pay is pensionable under the City of Fresno Retirement System. qp. Commercial Driver’s License – Any classifications whose job specifications indicate that a Commercial Driver’s License (“CDL”) may be required and are assigned to duties that require a CDL; shall receive one hundred dollars ($100) per month. This premium pay is not stackable with premium pay for maintaining a Crane Operator License CDL in sub-section o. above. This pay is pensionable under the City of Fresno Retirement System. rq. Hazardous Materials Endorsement – Employees who are assigned to duties which require a Hazardous Materials endorsement on their CDL shall receive one hundred dollars ($100) per month. This pay is pensionable under the City of Fresno Retirement System. sr. Backflow Prevention Assembly Tester Certificate – It is expressly understood that positions and assignments eligible for this certificate pay will be determined solely at the discretion of management. Employees who possess a valid Backflow Prevention Assembly Tester Certificate issued by either the American Backflow Prevention Association or the American Water Works Association shall receive monthly certificate pay of one hundred and fifty dollars ($150). This pay is pensionable under the City of Fresno Retirement System. 78. Camp Fresno Meals In the event an employee is assigned to work at Camp Fresno, or receives some other similar assignment, and during such assignment the City provides meals for the employee, the employee, at the employee’s option, may elect to receive a cash payment of $15.00 per day in lieu of receiving the meals. This Subsection shall not apply to employees assigned for periods in excess of one (1) week or to any employee assigned a cabin with cooking facilities. 89. Temporary Assignment To Perform Duties Of Absent Employees (Acting Pay) a. When an employee holding a permanent position is absent from duty for any cause (e.g., vacation, sick, holiday, CTO, injury leave, military leave, leave of absence without pay and training), the appointing MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 36 authority shall, if possible, temporarily assign to one or more employees in the same or higher class work of the absent employee that cannot be deferred until the absent employee’s return. When such assignment is not practical, the appointing authority may temporarily assign another employee in the same department or office holding a permanent position in a lower class to perform the duties of the absent employee. The employee so assigned shall be entitled to receive compensation attached to the higher position at the step closest to but not less than 3½% above the employee’s current step placement, if the employee’s class specifications do not require that the employee perform said duties in the absence of the regularly assigned employee and if the employee meets the conditions provided in this Section. This pay is pensionable under the City of Fresno Retirement System. b. After any such employee has completed forty (40) hours of service in a higher class, the employee shall be paid the rate of pay attached to the higher class when assigned Acting for full days or shifts. An employee who has held permanent status in the higher class prior to an Acting assignment shall not be required to complete the qualifying period of service set forth above, and shall be paid for the entire duration of the employee’s assignment to the higher class at the rate of pay assigned to the higher class attached to the higher class when assigned Acting for full days or shifts. Employees shall not be assigned duties of higher classification for periods of less than full days or shifts. c. Before ordering any such assignment to a higher class for which entitlement to qualifying service credit or a higher rate of pay is sought, or promptly after such an assignment if ordered under emergency conditions, the appointing authority shall execute, and file with the Chief Administrative Officer or designee for their approval, a written statement of such assignment setting forth: (1) the assigned employee's name and permanent class, and; (2) the class and position to which they have been assigned, and; (3) the period for which the assignment or extension is to be or has been made, and; MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 37 (4) the certification of the appointing authority that the assigned employee will perform, during the entire period of such assignment, substantially the full range of the duties and responsibilities of the higher class, and; (5) certifying the duties and responsibilities of the position of the absent employee are of such nature that they cannot be held over until the absent employee returns to duty. No assignment under this section shall be considered for qualifying service credit or any higher rate of pay unless such statement has been filed, and approved by the Chief Administrative Officer or designee, as provided herein. dc. Acting List – Employees who meet the minimum qualifications for a higher level position classification may volunteer for Acting. Annually, by May 1 of each year, management will invite employees to volunteer for Acting assignments. The posted notice inviting employees to volunteer for Acting assignments will identify the title and minimum qualifications of the classification in addition to any special requirements in a particular work unit or section. Departments may consider work habits, attendance and other considerations when placing employees on the qualifying list. Employees who no longer meet the criteria established by the department may be removed from the list at any time. Departments may also add the names of volunteers throughout the year. (1) Temporary assignments described herein shall first be offered to the most senior and qualified employee from the Acting List noted in paragraph c. above and each successive most senior and qualified employee working on the same shift, schedule, crew, and/or section within a division until such temporary assignment is filled. Each such additional temporary assignment opportunity shall be offered on a rotating basis by implementing the Acting List from paragraph c. above. (2) The duration of the temporary assignments described herein and assigned according to this provision (MOU Article VII, Section F., Subsection 8.) shall be for the duration of the absence of the employee for which the temporary assignment is being made. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 38 ed. In the computation of qualifying service rendered, or the amount of the higher pay to which an employee may be entitled, on an Acting assignment, only full days or shifts of actual duty shall be included, and part days or shifts shall not be combined to make full days or shifts. Time on leave occurring during any assignment shall not be included in any such computation. fe. When an Acting assignment is deemed appropriate and necessary, it shall first be offered to the most senior and qualified employee from the Acting List noted in paragraph c. above and each successive most senior and qualified employee working on the same shift, schedule, crew, and/or section within a division until such temporary assignment is filled. Each such additional temporary assignment opportunity shall be offered on a rotating basis by implementing the Acting List from paragraph c. above. gf. If an employee on an Acting assignment goes on leave and the department wishes to continue an Acting assignment, the next most senior employee shall be assigned. hg. When an Acting assignment is expected to last for one month or more, management may rotate the Acting assignment among employees on the Acting list in order to allow more employees to attain Acting experience. Any rotation will be done in accordance with sub-section e. and sub-section f. above, and, to the extent it is practical to do so, shall be done in equal time periods for each employee in the rotation. 910. Temporary Assignment Pay Depending on the assignment, the temporary assignment pay prescribed herein may be prorated for the time so assigned and worked. Temporary assignment pay shall not be applied when an employee is on a leave of absence for any reason (e.g., vacation, sick, holiday, CTO, injury leave, military leave, and leave of absence without pay). This pay is pensionable under the City of Fresno Retirement System. a. Each Maintenance and Construction Worker in the Street Maintenance Division assigned to operate a street sweeper as part of a street maintenance project, and who possesses the appropriate valid California Driver’s License, shall be paid for that time at the lowest step in the Street Sweeper Operator II salary range which is at least five percent (5%) above the employee’s base rate of pay as a Maintenance and Construction Worker. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 39 Each Maintenance and Construction Worker assigned to in the Street Maintenance Division, assigned to the Concrete Crew or the milling machine and paving machine as an assistant to the operator of said machinery shall be paid five percent (5%) above the employee’s base rate of pay while so assigned. b. Employees who perform pesticide/herbicide spray function for right- of-way, landscape maintenance, or aquatic areas shall receive an additional five percent (5%) of their base hourly rate of pay for the actual time spent applying pesticide/herbicide if they possess a valid Qualified Applicator Certificate issued by the Department of Pesticide Regulation. The City shall pay certificate renewal and maintenance fees. c. Each Parks Maintenance Worker I/II regularly assigned on a full- time, year-round basis to irrigation work shall receive an additional five (5) percent (5%) of their base hourly rate of pay for each full pay period while so assigned. d. Each Utility Leadworker assigned to the Patrol Division, Graffiti Enforcement Abatement, shall be paid two (2) percent (2%) above their base rate of pay while so assigned. 1011. Bilingual Certification Program a. The bilingual certification program consists of a City administered examination process whereby employees may apply for a bilingual examination, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. b. Bilingual certification examinations will be conducted on an as needed basis. Examination applications will be available at the Personnel Services Department and City department personnel units. Effective upon approval of this MOU, in order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. Employees who fail to recertify will no longer receive bilingual premium pay. c. This bilingual certification program is not subject to the grievance or appeal process. d. Department directors or their designees, shall annually designate those positions or assignments for which bilingual skills are desired. This may result in the loss of bilingual designation and pay for those positions or assignments not selected. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 40 e. Bilingual certification examinations are conducted for languages as outlined in the Salary Resolution. f. The bilingual premium pay rate for certified permanent employees is fifty one hundred dollars ($50 $100) per month, regardless of how many languages for which an employee is certified. This pay is pensionable under the City of Fresno Retirement System. g. Certified employees may interpret/translate for departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need, and has obtained approval from the certified employee’s supervisor. h. Certified employees shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary action. Certified employees may be assigned to any incident or investigation requiring their bilingual skills, and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to utilize department resources in the most efficient way possible. i. Except in the event of an emergency as determined by management, bilingual employees who are not certified shall not be required to interpret/translate. G. HEALTH AND WELFARE 1. Health Insurance - City Health Plan - Employee Options a. The City and the Union agree that the Fresno City Employees Health and Welfare Trust (“Trust”) has the authority to determine the health insurance benefits that will be provided to City employees. The City's sole obligation for an employee’s health insurance shall be to pay the agreed upon dollar amount per month provide a set percentage of the total premium for such benefits to be contributed to the Trust by the City per employee on behalf of employees represented by the Union. Effective July 1, 2014, the City shall contribute seventy-five percent (75%) of the employee’s health and welfare premium. After July 1, 2014, the cost of any future increases in the health and welfare premium will be shared on a fifty percent (50%) basis by the City and employees, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the Fresno City Employees Health and Welfare Trust Board. At such time as the employee is set at 30%, the City shall pay 70%. The City contribution of the total premium MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 41 shall be seventy percent (70%) and the employee share of the total premium shall be thirty (30%). Employees may opt to contribute the employee share through payroll deductions to make up the difference between the total premium and the City contribution to receive the maximum benefit coverage provided under the Trust, opt not to contribute the employee share and accept a reduced coverage option, or opt out of the City’s Health and Welfare plan pursuant to Article VII, Section G, subsection 2 below. b. Should any other represented bargaining unit in the City negotiate a successor MOU, or extend the period of an MOU, or have terms imposed resulting in a greater contribution by the City, upon the Union’s request, the City will match that benefit. c. The City will meet with Local 39 and other City bargaining units to discuss an alternative health care plan and/or to modify the Health and Welfare Trust agreement, provided that no changes will be made unless all represented bargaining units agree. The parties further agree that the Side Letter on the Trust dated February 24, 2009 has expired. 2. Other Insurance Contribution (Opt Out Benefit) a. With proof of other insurance, employees may opt out of enrolling in the City’s Health and Welfare plan if enrolled in a health plan outside of the City, such as a spousal plan. the The City shall contribute up to three hundred dollars ($300) per month for each employee electing not to enrolled in the City’s Health and Welfare plan if enrolled in a health plan outside of the City, such as a spousal plan. The City contribution shall not exceed the health premium the employee is paying. b. Eligible employees (i.e., with proof of other insurance) may enroll in this benefit the City’s Health and Welfare plan upon: (1) employment with the City; (2) within thirty (30) days of a qualifying event; or, (3) during the open enrollment period for the Health Plan. c. On an annual basis during the month of November, employees electing to opt out of the City’s Health and Welfare Plan An employee receiving the opt out benefit of up to three hundred dollars ($300) will be required to submit proof of other insurance to the MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 42 Personnel Services Department. City on an annual basis and must notify the City if If that other insurance is discontinued for any reason at any point, the employee must notify the Personnel Services Department immediately. If other insurance is discontinued or the employee does not provide proof of other health insurance annually during the month of November, the employee will automatically be enrolled in the City’s Health and Welfare Plan and will not be eligible to opt out of the City’s Health and Welfare Plan during the respective plan year unless they have a qualifying event and submit proof of other insurance within thirty (30) days of the qualifying event (including, but not limited to, birth or adoption of child, marriage and/or divorce, or loss of other coverage). Otherwise, the employee may opt out during the open enrollment period for the Health and Welfare Plan with acceptable proof of other insurance. d. Acceptable Pproof of other health insurance will be shown by a group health insurance employee benefits card presenting documentation showing proof of other insurance contribution amount and presenting a current insurance identification card bearing the employee’s name or proof of the employee’s eligibility from the insurance provider. In both cases, acceptable proof of other health insurance for purposes of this provision must include the City employee’s name. H. LEAVES 1. Holidays a. Except as may be modified in this Section, Holidays shall be governed by FMC Section 3-116: • January 1 • The third Monday in January • The third Monday in February • The last Monday in May • July 4 • The first Monday in September • November 11 • Thanksgiving Day in November • The Friday after Thanksgiving Day in November • December 25 • Employee's Birthday • Two (2) Personal Business Days (8 hrs. credited to holiday balance on the first month after Council approval of this MOU and thereafter 8 hours on July 1 and 8 hours on January 1 of each year.) MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 43 • Any day or part of a day declared by the Council, by ordinance or resolution, to be a holiday. b. If January 1st, July 4th, November 11th, or December 25th falls upon a Sunday, the Monday following will be observed as the holiday, in lieu of Sunday. For employees who are regularly scheduled to work on Sunday, the holiday shall be observed on Sunday for purposes of compensation pursuant to subsection c. below. Except as expressly stated otherwise in this Section, employees will be required to work their regular schedule on a holiday unless they have an approved leave of absence. c. All employees will receive eight hours compensation for the above holidays with the following exceptions: (1) For work performed on a holiday which is a scheduled work day, an employee shall receive the employee’s regular salary (i.e., base pay rate) for the hours worked on that day, and will be credited with hours equivalent to the amount of hours worked (up to eight hours) of holiday leave. If the employee worked less than eight hours, the balance of the holiday hours will be paid. Employees on a 4/10 work schedule, who work ten (10) hours on a holiday, which is a scheduled workday, shall receive the employee’s regular salary (i.e., base pay rate) for the hours worked on that day, and will be credited with eight hours of holiday leave. If the employee worked less than ten hours, the employee will be credited with hours equivalent to the amount of hours worked (up to eight hours) of holiday leave. The balance of the holiday hours will be paid up to eight hours. The employee may elect to take an additional two hours from a leave bank other than sick leave, or may elect to receive 2 hours of leave without pay (LWOP). (2) When a holiday falls on a regularly scheduled day off, employees will be credited with eight hours of holiday. (3) In addition to the holiday credit in Subsection (2), above, employees who are called in or scheduled to work a holiday, which is their regularly scheduled day off, will be compensated at time and one-half for a minimum of two hours, or for actual hours worked, whichever is higher. (4) Employees who are absent from duty on leave without pay or suspension without pay at the end of the employee’s shift MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 44 before the recognized holiday will not receive compensation for the holiday, unless they actually work the holiday. This Subsection shall not apply to employees who are on leave without pay as a result of the unavailability of work. d. Effective May 19, 2014 employees’ holiday leave balances over forty-eight (48) hours were shall be placed in a non-accruing “special holiday leave bank.” e. Employees may cash out up to forty-eight (48) hours of leave from the special holiday leave bank each fiscal year. f. The maximum holiday leave accrual is forty-eight (48) hours. Any regular holiday leave accrued may be cashed out at any time. Any holiday leave accrued above forty-eight (48) hours will be automatically cashed out. g. Any balances of holiday leave or in the special holiday leave bank shall be paid to the employee upon separation from City service. h. Holiday leave from either holiday bank may be taken in increments of less than 8 hours. i. Employees of the Solid Waste Management Division will not be required to work on Thanksgiving, Christmas, or New Year’s Day. 2. Sick Leave a. Sick leave may be taken for absences from duty by: in accordance with FMC Section 3-107. (1) Illness or physical incapacity of the employee, the employee’s child, parent, spouse or registered domestic partner caused by factors over which the employee has no reasonable immediate control; (2) Injury not incurred in line of duty, except where traceable to employment by an employer other than the City of Fresno; (3) Medical, dental or eye examination or treatment for the employee, or the employee’s child, parent, spouse or registered domestic partner which appointment cannot be made outside of working hours b. Sick Leave Accrual - Employees shall accrue sick leave at the rate of eight (8) hours for each completed calendar month of employment. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 45 c. Administrative Orders 2-19.1, Attendance Policy and 2-20, Sick Leave Policy, shall not apply to members of this Unit. Instead, Attendance Policy, Addendum I incorporated into this MOU shall apply, as well as the FMC, City administrative orders, policies, procedures, rules and regulations concerning leave usage and administration. In the event of any conflict, the provisions of Addendum I, Attendance Policy, shall apply. d. Upon retirement, Sick Leave Pay Out – may be credited to an account for the employee under the City’s Health Reimbursement Arrangement in accordance with At service retirement, or at a disability retirement, or upon resignation if the employee is otherwise eligible for service retirement, employees will be credited with the number of accumulated sick leave balances in excess of two hundred forty (240) hours at the time of retirement multiplied by forty percent (40%) of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA), pursuant to the City’s Health Reimbursement Arrangement as set forth in Section IJ., below. e. Sick Leave Under Labor Code Section 233 - All Eemployees will be allowed to use up to 48 hours of accumulated sick leave half of their annual Sick Leave accrual per fiscal year for Protected Sick Leave in accordance with California Labor Code Section 233. and shall be used only for those purposes defined in California Labor Code Section 233. The first three days or twenty-four hours, whichever is greater, of Protected Sick Leave used by an employee on or after July 1 of each year shall be considered leave taken under California Labor Code Section 246.5 (i.e., AB 1522, Healthy Workplace Healthy Family Act of 2014). Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Protected Sick Leave used for the purposes set forth in California Labor Code 233 shall be authorized and recorded by a department head or designee. Protected Sick Leave, as described above, may be used under the following circumstances, and may be designated as protected time pursuant to state law at the employee’s discretion: • Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 46 • Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child(a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis – this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild; or, • For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). Any leave taken under these provisions which would also apply to other Sick Leave provisions (e.g., Protected Sick Leave and/or family and medical leave) would also count toward those provisions. f. Employees who terminate City employment and return within one year of such termination will be entitled to reinstatement of their sick leave balances at the time of termination from City employment, up to a total of 48 hours. 3. Supplemental Sick Leave On July 1, 2023, and each July thereafter of each fiscal year, employees in this Unit shall accrue Supplemental Sick Leave with an accrual limit of forty (40) hours per fiscal year and up to a total lifetime maximum of eighty (80) hours. Employees who have earned eighty (80) hours or more of Supplemental Sick Leave shall retain those hours but shall not accrue any additional Supplemental Sick Leave time. However, if an employee is absent from work on a leave without pay status on July 1st, the additional forty (40) hours shall be prorated and received upon the employee’s return to work. This Supplemental Sick Leave accrual may only be utilized if the employee has exhausted all other Sick Leave accruals, or as Protected Sick Leave as set forth MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 47 in Article VII, Section H, Subsection 2.e. above. Upon separation from City service the accrued hours will be: 1. Placed in a Health Reimbursement Arrangement (HRA) in accordance with Article VII, Section J; or, 2. Cashed out at retirement or upon separation from the City if not eligible for participation in the HRA. Accruals shall be prorated for employees hired after July 1st. In the event the employee transfers to another unit, the accrued hours shall remain in the Supplemental Sick Leave Accrual Bank until retirement or separation from City service, at which time the employee may elect one of the options above. 43. Vacation Leave Employees accrue vacation leave hours for each completed calendar month of employment as reflected in the table below. Employees with less than 10 20 years of continuous employment are allowed to accrue 340 hours of vacation leave, and employees with 10 20 years or more of continuous employment but less than 20 years of continuous employment are allowed to accrue 420 hours of vacation leave, and employees with 20 or more years of continuous employment are allowed to accrue 480 hours of vacation leave. Years of Continuous Employment Accrual Rate (hrs./mo.) Less than 5 8 More than 5 but less than 8 10 More than 8 but less than 20 14 11.33 More than 14 but less than 20 13 More than 20 14.66 15 Employees are encouraged to utilize earned leave for vacation purposes on a scheduled basis. If on October 31 of each year, an employee has a balance of two hundred forty (240) or more hours of vacation, the employee may in November of MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 48 that year request a cash payment of up to forty (40) hours of any vacation accrual that employee has acquired prior to the December payroll period. An employee who, in accordance with the Attendance Policy attached to this Memorandum of Understanding as Addendum I, has incurred anything greater than the 4th incident at the point in time in which the cash out is available is ineligible to receive a cash out. 54. Fatigue Fatigue Time is allowed to afford an employee the opportunity to rest because: 1. The employee has been required to work in excess of four hours of overtime. AND 2. The overtime was completed with less than eight hours before the start of the employee’s next regularly scheduled shift. Fatigue Time allows an employee at least eight hours in which to rest before being required to report to the regularly scheduled shift. On those occasions where a situation does not lend itself to the above policy, Fatigue Time will be considered by the Department Director or designee upon recommendation from the employee’s supervisor. In recognition of the above, if an employee who is authorized Fatigue Time, time such time shall be deducted from the employee’s Compensatory Time Off, Vacation bank or Sick Leave, whichever the employee chooses, with no penalty to the employee. If the employee does not have enough hours in their Compensatory Time Off, Vacation bank or Sick Leave to pay for sleep time, the employee may take the time as unpaid, with no penalty to the employee. 5. Employee Incentive Time Off The Employee Incentive Time Off program will be discontinued effective December 23, 2019. Employees with accrued Employee Incentive Time Off may use the time upon approval of the employee’s immediate supervisor. Employees may voluntarily cash out the entire balance or any portion of their Employee Incentive Time Off at any time. Any balances remaining as of November 23, 2020 will be cashed out. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 49 I. STATE DISABILITY INSURANCE (SDI)/PAID FAMILY LEAVE (PFL) 1. Employees who are members of this Unit have been enrolled in the State Disability Insurance (SDI/PFL) coverage plan pursuant to an Agreement dated by the parties on May 7, 2007 2. Employees shall file claims in the same manner as required under the SDI/PFL Plan. 3. The City shall maintain SDI/PFL through employee payroll deductions to be funded by employee contributions. 4. All employees with an approved SDI/Paid Family Leave (PFL) claim must notify the City within fourteen (14) calendar days of the claim date and fill out a form made available by the City indicating whether or not the employee desires to integrate leave with the claim. Extensions beyond fourteen (14) calendar days due to exigent circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis by the Director of Personnel Services or designee. Eligible Employees who are absent from duty and are receiving SDI/PFL benefits who are eligible to use Sick Leave, Vacation Leave, Holiday Leave, Compensatory Time Off or other available leave banks the employee is authorized to use, shall be eligible to integrate a portion of their individual leave balances with SDI/PFL benefits as noted below. Integrating Sick Leave balances is defined as the SDI/PFL benefit and the monetary value of the employee’s leave balances added together to provide a bi-weekly net income which shall be no more than 100 percent of the employee’s normal biweekly gross wages (excluding overtime pay) immediately prior to the start of the disability period. Integrating leave balances with SDI/PFL benefits will continue only if leave balances are available and the employee remains eligible to receive SDI/PFL benefits. 5. An employee who has elected to integrate leave balances will be considered to be in paid status for the purpose of accumulation of leave and other benefits. An employee electing to integrate must first use available Sick Leave before integrating other eligible leave banks. Once an employee’s Sick Leave bank is depleted, the employee has the option of requesting to use other accumulated leave banks. Request of and approval of other accumulated leave banks will be per City policy requiring management’s approval. If the employee chooses not to integrate leave or has no available balances, then the employee will be in a Leave Without Pay (LWOP) status. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 50 6. An employee who is receiving SDI/PFL who has exhausted all other leave balances and has received donated time in accordance with City policies, may use donated time in conjunction with SDI/PFL benefits. Use of donated time shall be in accordance with the provisions of this section. 7. Employees who elect to integrate must provide Payroll with a copy of the Notice of Computation from the State of California Employment Development Department (EDD) within fourteen (14) calendar days of the issue date, and are required to authorize EDD to share benefit computations with the City when filing the initial claim form(s). Extension beyond fourteen (14) calendar days due to exigent circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis by the Director of Personnel Services or designee. An employee who has made a timely election to integrate leave with SDI/PFL benefits shall be paid a biweekly amount, using appropriate accumulated leave, which, when added to SDI/PFL benefits shall approximately equal the employee’s net pay after taxes (excluding overtime). If an employee does not provide information on SDI/PFL benefits within fourteen (14) calendar days of the issue date of the Notice of Computation, no integration will occur. Integration will not be provided for any period before the City receives notification of SDI/PFL benefits, including retroactively, and the employee provides signed notification that the employee wants to integrate, unless exigent circumstances apply. 8. Initiating integration of accrued leave with SDI/PFL benefits shall be subject to the following conditions: a. Any period of absence during which an employee is receiving SDI/PFL benefits but is not receiving leave payments integrating leave shall be deemed a leave of absence without pay. b. Service credits toward seniority, step increase eligibility, and probation periods shall be in accordance with the MOU and City policies/procedures. c. If an employee exhausts all available leave balances but continues receiving SDI benefits, the City’s compensation shall cease. d. The City shall continue contributions toward the employee’s health and welfare benefits and retirement contributions in accordance with established laws and practices during the pay periods that include leave payments by the City. The employee shall be responsible for MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 51 payment of premiums required to maintain health and welfare benefits when City contributions cease in accordance with established laws, policies and practices. e. Eligible permanent part-time and permanent intermittent employees shall be included in this program on a pro-rata basis. 9. If elected as described above, integration will end upon notification from the employee that SDI/PFL benefits have terminated; the employee exhausts all leave balances and/or donated time resulting in LWOP status; the employee’s return to work; or, the employee’s separation from City employment, whichever comes first in time. 10. In the event the City determines that legislative, administrative, or judicial determinations cause changes which in any way restricts, reduces, or prohibits any provision of this Agreement, the parties shall immediately meet to discuss necessary amendments and/or modifications. J. HEALTH REIMBURSEMENT ARRANGEMENT (HRA) The City currently maintains a Health Reimbursement Arrangement (HRA) that qualifies as a "health reimbursement arrangement" as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRA’s. The City agrees to maintain the HRA such that it will continue to qualify as a health reimbursement arrangement for the term of the MOU. At service retirement, or at a disability retirement, or upon resignation if the employee is otherwise eligible for service retirement, employees who have used eighty (80) hours or less of sick leave and/or vacation leave used for sick time (excluding only hours used for bereavement leave and/or statutorily protected leaves such as workers’ compensation leave, Protected Sick Leave, Family & Medical Leave Act, and California Family Rights Act Leave) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used solely to pay premiums for medical insurance (including COBRA premiums) and qualified medical expenses as defined in Internal Revenue Code Section 213(d), and further detailed in Internal Revenue Service Publication 502. The "value" of the account shall be determined as follows: • The number of accumulated sick leave hours in excess of 240 hours at the time of retirement multiplied by 40% 80% of the employee’s then current hourly base rate of pay. • The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the salary tables Salary Resolution, multiplied by twelve (12) months then divided by 2,080 hours. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 52 At the City’s option, the HRA accounts shall be book accounts only – no actual trust account shall be established for any employee. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City’s Investment Portfolio (provided that such yield is positive). The HRA accounts shall be used pursuant to the City of Fresno Retiree HRA Plan Document solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant’s spouse (or surviving spouse in the event of the death of the participant), and the participant’s dependents. Once a participant’s account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant’s spouse, and the participant’s dependents die before the participant’s account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, employees shall not be allowed to cash out any accumulated or accrued sick leave at retirement. K. UNIFORMS, SAFETY SHOES, AND PRESCRIPTION SAFETY GLASSES 1. Uniforms The system for providing and maintaining uniforms for all employees in this Unit, where applicable, shall be maintained for the duration of this Agreement. The cost of the uniforms shall be shared by the City and employees as specified in Administrative Order 3-6. 2. Safety Shoes Provision of sSafety shoes for employees in Unit 1 shall be governed by the City of Fresno Illness and Injury Prevention Program (IIPP) and shall meet the Cal OSHA General Industry Safety Order Foot Protection standards outlined in Title 8, Section 3385. except that tThe City will provide a voucher for employees in this Unit who are authorized or required to wear safety shoes for two hundred fifty dollars ($200 $250) for the purchase of safety shoes, or the value of one (1) pair of approved shoes, whichever is less. When management determines that duties assigned to an employee require shoes which exceed the requirements of the IIPP, management Employees in classes and assignments who are required to wear Electrical Hazard rated or Chemical-Resistant safety shoes may be issued authorize a voucher of up to two three hundred fifty dollars ($250 $300) for the purchase of one (1) pair of safety shoes per voucher. In either event, the employee shall pay any cost in excess of the amount of the voucher. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 53 Employees provided with safety shoes, which shall be used for the express purpose of City business, may request a voucher for replacement safety shoes when the safety shoes are no longer serviceable as verified by the supervisor. When the employee obtains new safety shoes, the safety shoes that are no longer serviceable shall be turned in to the employee’s immediate supervisor. 3. Prescription Safety Glasses Employees who are required to wear prescription glasses and are required to wear protective eyewear in the performance of job duties pursuant to the City of Fresno IIPP shall be reimbursed for the purchase of prescription safety glasses up to one hundred twenty-five dollars ($125) annually. Employees requesting reimbursement for the purchase of prescription safety glasses must complete a Travel and Expense Reimbursement form provided by the Finance Department, obtain signature of the appointing authority or designee, attach proof of payment of prescription safety glasses, and submit the form to their department within ten (10) calendar days of incurring the cost. L. PARKING RATES Parking rates for employees in the downtown area will be $15.00 per month for general parking and $20.00 per month for an Official Vehicle Permit, as referenced in the Administrative Orders, which from time to time may be amended. M. WORKERS’ COMPENSATION 1. Notwithstanding the provisions of the FMC Section 3-118, an employee who suffers or has suffered an injury in the course and scope of City employment shall receive 66.67% of average weekly earnings in the fifty-two (52) weeks prior to the injury from the City, beginning on the fourth day of such absence, unless hospitalized on the first day for at least 24 hours, or unless the absence exceeds 14 days, in which case, the employee shall receive the pay provided in this Section from the first day. Except as modified herein, the provisions of FMC Section 3-118 shall apply. Should the State mandated workers’ compensation rate of payment be adjusted, the City and the Union will have a limited reopener to adjust the rate accordingly. 2. In the event City pay is not provided during the first three days of absence due to such injury, the employee may, at the employee’s option, take sick leave for that period. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 54 N. HOURS OF WORK AND SCHEDULES 1. General a. The workweek for the City begins on Monday at 12:01 a.m. and ends the following Sunday at midnight. The workday starts at 12:01 a.m., and ends 24-hours later at midnight. The standard/normal workweek work schedule is a 5/8 consisting of five-(5) days of eight-(8) hours each, excluding a meal period. b. Work schedules (includes days off and meal periods) are established by individual departments/divisions, solely at management’s discretion, based upon the need to provide service to the public, other City departments, and/or other operational efficiency requirements. If requested by either party, the City and the Union agree to meet and consult prior to implementation of new work schedules. c. Employees shall receive a one (1) hour or a one-half (½) hour meal period, without pay, each day and a fifteen (15) minute paid rest period during the first half of the workday and a second fifteen (15) minute paid rest period during the second half of the workday. Meal periods and rest periods are scheduled by departments/divisions according to the needs of the department/division. If an employee is required to work during the employee’s meal period, with the approval of the employee's supervisor, and if no alternate meal period is taken, said time shall be compensated at the applicable hourly rate of pay if the time worked exceeds that of the employee’s normal schedule/shift. The City retains the exclusive right to control the use of City-paid break periods, and exclusive control of the use of City vehicles at all times. d. Employees whose duties require it shall be allowed a reasonable amount of time for a personal clean-up period prior to the end of each work shift. e. With 72-hours’ notice to affected employees, departments/divisions may temporarily modify an employee’s regular schedule to address special service needs, employee training and/or cross-training, and backlog and/or workload concerns. Said temporary modification shall not result in the loss of night shift premium pay. 2. Daylight Savings Hours At the Union’s request, the City agrees to meet and confer regarding changes in working hours during daylight savings time. Any employee MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 55 regularly scheduled to work, and who does work a shift during which a change from Pacific Standard time to Pacific Daylight time, or vice versa, occurs, will be paid for actual hours worked at the applicable hourly rate. 3. Alternate Work Schedules a. Department directors or designees shall be solely responsible for determining and designating divisions/units/sections/specific job classes within their respective departments that may implement variations to the standard/normal work schedule. A minimum of 30 calendar-days written notice shall be provided to affected employees, the Labor Relations Division and Local 39. b. Alternative work schedules may be necessary in order to provide minimum staffing, and/or based upon the service needs of the public/other City departments, and/or other operational efficiency requirements. It is expressly understood that position assignments, by classification, staffing levels, work schedules, meal periods, and days off are determined solely by management, and are subject to change based on, and including but not limited to, varying workload, the additional of authorized staffing, and department operational and service needs. (1) If established, employees shall select a 5/8 or 4/10 work schedule according to department/division selection processes. Absent sufficient selections, management will assign employees to a 5/8 or 4/10 work schedule, or combination thereof. (2) Except for emergencies, employees working a 4/10 schedule, or who have days off other than Saturday and Sunday, shall schedule all medically-based appointments on off duty time. c. The hours for employees working a 5/8 shall consist of five (5) eight hour days with two (2) consecutive days off, except for employees occupying the class of Waste Collector Leadworker which may have two (2) consecutive days off. The hours for employees working a 4/10 shall consist of four (4) ten hour days with three (3) days off, of which two (2) of the days off will be consecutive. Scheduling of days off shall be determined by management. d. Departments/divisions may discontinue alternative work schedules at any time if it is determined by management that they detrimentally effect operations and services. Thirty (30) days advance notice shall be given in writing to affected employees, the Labor Relations Division and Local 39. The decision to discontinue alternative work MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 56 schedules is not appealable or grievable. If departments/divisions discontinue alternative work schedules established under this Subsection, employees will revert to 5/8 standard/normal work schedules as determined by management. e. Except as detailed in the paragraph below, applicable Unit Agreement provisions, Salary Resolution, FMC, and Administrative Orders concerning alternative work schedule (i.e., 4/10) limitations on overtime, holidays, leave accrual and usage, sick leave accrual and usage, and night shift premium pay shall govern. An employee on a 4/10 work schedule who is off on a holiday, which is a regularly scheduled workday, shall receive eight (8) hours pay for the holiday, and may elect to take two (2) hours vacation, holiday, or CTO for a full ten (10) hours pay, or may elect to receive two (2) hours leave without pay (LWOP). Absent an employee request or election, division payroll will deduct the two (2) hours from available vacation, holiday, or CTO balances prior to any deductions for LWOP. O. PERSONNEL MATTERS 1. Personnel Files a. The Human Resources Division Personnel Services Department, under the direction of the Director of Personnel Services, shall maintain the official personnel file for each employee. Each employee may review, or authorize in writing its review by a designated representative, subject to reasonable rules and regulations, and receive a copy of all material placed in either the employee’s official file or departmental file. If an employee disagrees with the content of a document placed in either file, it shall be the right of the employee to submit a response to the Director of Personnel Services to be attached to the document in question and included in the appropriate file. Personnel files are considered confidential and access is limited. b. Documents, including performance evaluations, retained in the employee’s departmental file shall be forwarded to the employee’s new department if the employee transfers, promotes, or demotes. The file should be forwarded to Human Resources when the employee leaves City service. c. Inquiries regarding employment references shall be administered in accordance with existing City policies. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 57 2. Employee Performance Evaluations a. Each City department shall have the right to conduct employee performance appraisals on a department-wide basis for all employees at the discretion of the appointing authority. b. Employees on probation shall receive performance evaluations every three (3) months during the probationary period. c. Permanent employees shall receive performance evaluations at least once each year, normally near the employee’s anniversary date. d. Prior to modifying the Employee Performance Evaluation form (Local 39, Unit 1), departments and Labor Relations will notice Local 39 with an opportunity to meet and discuss the proposed evaluation form with the Union. The parties agree to meet during the first year of this agreement to modify the Employee Performance Evaluation form. e. An employee who disagrees with a performance evaluation may within fourteen (14) calendar days from the date of the performance evaluation: (1) Write a rebuttal statement for attachment to the performance evaluation form; and/or (2) Request further review with the supervisor of the reviewer, but in no case higher than the department head or designee. f. Requests for review of employee performance evaluations are not subject to the grievance procedure. g. It is understood that evaluations for non-probationary employees are not to take the place of disciplinary/corrective actions as outlined in Administrative Order 2-14. 3. Transfer Requests Transfers shall be governed by appropriate provisions of the FMC, including, but not limited to, Sections 3-261, 3-262, and 3-274. 4. Flexible Staffing a. For all flexibly staffed blue collar positions, certification from an employee's department that the employee is satisfactorily performing the full range of duties will allow the employee to flex to the higher position. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 58 b. The parties have discussed and agreed that Administrative Orders 2-10 and/or 2-12 may be reissued and/or a FMC change may be enacted to reflect this Agreement. c. Flexible staffing will be in accordance with the Administrative Orders 2-10 noted above. Any contemplated addition or deletion of a flexibly staffed classification shall be discussed with the Union, in a timely manner and prior to such action by the Director of the Personnel Services Department. Flexible staffing is used to designate classes in a promotional series in which both the entry and journey level classes are assigned the same kinds of duties, the difference being the range of duties performed, the level of skill required, and the amount of supervision received. Flexible staffing allows departments to hire at the lower level class in the series, provide on-the-job training, and to promote to the next higher level in the series once the experience requirements have been met, the full range of duties are being satisfactorily performed and upon recommendation by the Appointing Authority (i.e., Department Director). 5. Suspension of Competition Suspension of Competition shall be in accordance with FMC Section 3-268. In the event of the creation of a new position, or in the case of a vacancy in any position meeting the criteria specified below, competitive examination may be suspended by the Director of Personnel Services. No such suspension shall be general in its application. The Director of Personnel Services may only suspend competition when requested to do so by the appropriate appointing authority when the suspension of competition would permit promotion between classes in the same class series, or between other classes, in the same department. A promotion may be made at the discretion of the department head when a permanent full-time employee attains the minimum qualifications for the higher level, and in the opinion of the department head the employee is capable of meeting the performance requirements, and is able to carry out the responsibilities required by the job specification. The employee selected for promotion would be determined by the department head after posting the vacancy, and interviewing and considering the performance and qualifications of all lower level employees who have indicated an interest in promoting, and who possess the required minimum qualifications. Along with the request for suspension of competition, the department head must submit a written statement supporting the request. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 59 6. Layoffs The department director, with the approval of the City Manager's Office, may reduce the number of employees in the department to address budget concerns or a decrease in the workload, by laying off employees in any job classification in which the department director determines a reduction is necessary. This Section does not apply to temporary layoffs because of inclement weather or lack of work. a. Layoffs will occur in the following order: (1) Temporary Employees (2) Provisional/Limited Employees (3) Probationary Employees (4) Permanent Intermittent Employees (5) Permanent Part-Time Employees (6) Permanent Full-Time Employees b. Seniority - When the layoff must be of one or more employees in the same job classification, the layoff shall be done by reverse seniority (i.e., last hired, first laid off, within that job classification). For the purposes of layoff, seniority in job classification is defined as continuous time in service in the job classification. An employee accrues seniority from the time the employee is appointed to a position in the job class. In the event of a tie, rank on the City-wide employment list for the classification will be used to break the tie. In the event there is still a tie, total continuous time as a permanent City employee will be used to break the tie. In the event there is still a tie, a mutually agreed random method will be used to break the tie. If a random method is used, affected employees will be offered an opportunity to observe. If the employee cannot attend the scheduled time or refuses to attend, the tie breaker will proceed as scheduled. c. Transfer and\or Demotion (Bumping) (1) An employee subject to layoff shall be transferred to a vacant position in the same job classification in another department if such a vacancy exists. In the event no vacancies in that job classification exist, an employee subject to layoff in one department who has greater seniority than one or more employees in the same job classification in another department shall be transferred to the position held by the least senior employee in such classification, and the least senior employee shall be subject to layoff ("bumped"). This MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 60 provision shall be subject to a limited reopener in the event that FMC Section 3-291 is modified in regard to department and/or City-wide layoffs. (2) In the event an employee subject to layoff does not qualify for a transfer pursuant to Subsection c.(1) above, and the employee has previous service as a permanent employee in a lower job classification, and the employee’s employment by the City has been continuous, the department director shall demote the employee subject to layoff to a position in that lower class. Layoffs that may become necessary due to demotions or transfers pursuant to this Subsection c. shall be governed by the same regulations herein. This provision shall be subject to a limited reopener in the event that FMC Section 391 is modified in regard to department and/or City-wide layoffs. (3) In the event an employee is demoted to a lower classification pursuant to Subsection c.(2) above, that employee shall have all time in classification the employee is being demoted from and all time in the classification the employee is returning to counted towards seniority in the lower classification. (4) A permanent non-probationary employee transferred or demoted pursuant to the provisions of Subsection c. (except Subsection c.(5) below) shall not be required to serve a probationary period in the employee’s new job classification. A probationary employee transferred or demoted pursuant to FMC Section 3-291 shall serve the probationary period, subject to the same conditions of probation, as a new employee appointed to the job classification from an eligible list. (5) Any employee subject to layoff who does not qualify for a transfer pursuant to Subsections c.(1) or (2) above may submit a written request to the Director of Personnel Services to be considered for a transfer to any vacant position in a job classification for which the employee meets the minimum qualifications (as determined by the Director of Personnel Services), provided that such job classification has an equivalent or lower salary range (i.e., the E step of the pay range is not more than two percent (2%) higher than the E step of the employee's current pay range). The employee may be transferred to the vacant position with the approval of the director of the department where the vacancy exists. Employees transferred under this Subsection will be required MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 61 to serve the probationary period for the new job classification. FMC Section 3-249 provides that an employee may file a written request for the review of the decision by the Director of Personnel Services that the employee does not meet the minimum qualifications of the position to which the employee has requested a transfer. (6) Employees assigned to another department or division will be subject to the seniority rules of the department/division for purposes of shift, vacation and days on and off. d. Reinstatement List - Any employee holding an appointment in a permanent position who, for reasons of economy, lack of work, budget cuts, or departmental reorganization, has been laid off, transferred or demoted from that position, shall be entitled to be placed on a reinstatement list for the job classification from which they were laid off, transferred or demoted. In the event two or more employees are laid off, transferred or demoted from the same job classification, their placement on the reinstatement list shall be determined by their comparative seniority within that job classification. (1) As provided in FMC 3-250 and 3-252 (a)(1), an individual on the reinstatement list shall have priority over candidates on an eligible list for vacancies in the job classification from which the employee was laid off, transferred or demoted. An individual's name will remain on the reinstatement list for a period of two (2) years following the effective date of the layoff, transfer or demotion or two (2) refusals of a vacant position in the classification. (2) An individual, whose name has remained on a reinstatement list continuously for more than two (2) years without reinstatement, shall no longer have priority over candidates on an eligible list, and shall no longer have any right to reinstatement in any position in the job classification for which the reinstatement list was established. e. Reinstatement - Upon reinstatement from a reinstatement list, as provided in Subsections d. and (1) above, an employee shall receive full credit for all of the employee’s service with the City as it relates to salary and vacation accrual, and shall be credited with all unused sick leave hours the employee had at the time of separation from City service. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 62 (1) Any employee, who did not complete the probationary period, and achieve permanent status prior to placement on the reinstatement list, shall serve a full probationary period commencing from the date of the employee's permanent appointment from the reinstatement list. (2) Upon reinstatement from a reinstatement list an employee will resume membership in the Fresno Employees' Retirement System, and receive service credit for all City service, provided that the employee was vested in the Retirement System and did not withdraw contributions to the System at the time of the layoff, or repays previous contributions pursuant to FMC Section 3-534. An employee who elects to not repay previous contributions, or who was not vested in the System at the time of the layoff, shall receive service credit for only that service subsequent to reinstatement for the purposes of retirement benefit calculations. 7. Seniority This seniority Subsection shall apply to work shift selection and vacation scheduling for permanent employees in the absence of clearly established departmental policies, practices, or procedures. This Subsection shall not preclude any department from establishing policies, practices, or procedures on seniority as applied to work shift and vacation scheduling. In the absence of a department policy, practice, or procedure, the following shall be used to determine seniority. a. Seniority shall be defined as seniority in a class based on an employee's length of continuous service as a permanent employee in their present class. Seniority shall not be applied to temporary, provisional or acting status employees. Permanent employees in temporary, provisional, or acting positions will continue to accrue seniority as if they were in their regular permanent position. b. Continuous service shall include all time in the employee's present class. Continuous service and shall not include any time spent under suspension from duty, demotion to another class, or on any leave of absence without pay as defined in FMC Section 3-104, or separation from City service. A military leave of absence shall not be considered a break in service. 8. In Lieu Suspension for Disciplinary Action By mutual agreement between the department director or designee and the employee, an employee suspended from duty without pay may forfeit MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 63 accumulated holiday, CTO, and/or vacation credits equal to the number of hours of suspension in lieu of suspension. If the suspension is reduced or reversed at the conclusion of the appeal process, the City shall reinstate the forfeited credits. The provisions of this Subsection shall not be subject to the grievance procedure. 9. Labor-Management Committees (LMC’s) The City and Union acknowledge the importance of the development, implementation, and maintenance of LMC’s in divisions throughout the City. The parties agree to foster and provide guidance for the establishment and ongoing maintenance of LMC’s. The parties understand and agree that LMC’s do not have the authority to "meet and confer" regarding issues that are within the mandatory scope of bargaining. The Subsections below shall serve as minimum guidelines for LMC’s throughout the City. a. LMC’s shall be responsible for determining committee composition. However, LMC’s may be composed, at a minimum, of the Assistant Department Director, a representative selected by the Business Agent for Local 39, the division manager, two supervisory/management members, two Unit members, and one member to function as the LMC’s secretary/record keeper. LMC’s shall meet regularly, but no less than once per month. LMC members shall be given forty-eight (48) hour notice for nonemergency meetings that are not part of the regular/routine LMC meeting schedule. b. LMC’s shall be responsible for establishing, publishing and communicating, including any amendments thereto, LMC procedural, committee composition, and subcommittee guidelines to their division staff. The primary purpose of LMC’s is to discuss and evaluate matters and concerns pertinent to the applicable division and/or the division’s employees. In addition, LMC’s understand that safety issues and concerns, including topics for tailgate meetings as well as changes in work rules, will be referred to the divisional safety committee. 10. Contracting Out The City retains the right to contract out any services performed by members of this Unit. The City agrees to notify the Union when considering contracting out of services normally performed by members of this Unit which do not directly affect or displace members of the Unit due to growth or expansion. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 64 a. The City shall notify the Union of its intent to request proposals for the contracting out of City services when those services are currently being performed by employees of this Unit. This notification will occur thirty (30) business calendar days before the request for proposals is issued. The Union agrees that the City needs to be competitive with the private sector. Both parties acknowledge that members of the Unit have valuable experience and expertise in the provision of municipal services and in that regard are desirous of including Unit members in preparing and reviewing service delivery options and cost comparisons in an effort to enhance the City's ability to be competitive with the private sector in all areas to which Unit members are assigned. In the event the award of services to third parties results in the layoff of employees of this Unit, the parties shall meet and confer on the impact of such a decision. b. The City agrees that before layoffs become necessary, it will use due diligence to accommodate employees displaced as a result of Council’s decision to contract out any of the services enumerated above. c. The City shall take all reasonable action to avoid layoff of employees providing the services to be contracted out, which action may include but is not limited to, holding vacant positions in classes to which employees might be transferred, notifying employees subject to layoff of examinations being conducted by the City for placement of employees in positions for which they are qualified and administering noncompetitive, qualifying examinations to employees for positions to which they are eligible to transfer. 11. Classification Matters a. On April 16, 1997, all permanent employees occupying positions in the class of Construction Equipment Operator (CEO) in the Community Sanitation, Sewer and Water Divisions were reclassed to the Heavy Equipment Operator (HEO) class, and their salaries were y-rated at their existing base salary level. In the event two (2) HEO positions become vacant in the Water Division only, said positions will automatically convert to Water Service Operator II (WSO II) positions. b. Length of service for all employees reclassed/retitled under the expired March 28, 1997, side letter agreement between the City and the Union, includes an employee’s continuous service in the class held prior to being reclassed/retitled. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 65 1112. Americans with Disabilities Act (ADA), Family Medical Leave Act, California Family Rights Act (CFRA), Occupational Safety and Health Act (OSHA/Cal OSHA) and Workplace Violence The requirements mandated by these statutes have been established in City policies (Administrative Order manual and Injury and Illness Prevention Program handbook). 1213. Probationary Period Except for those entry level classifications which do not achieve permanent status, all classifications in Unit 1, represented by Local 39 are subject to a probationary period of twelve months. Employees in flexibly staffed classes would shall serve at least six months in the entry level class, followed by twelve months of probation when flexed to the journey level class unless otherwise noted in the Salary Resolution. P. JURY DUTY AND COURT APPEARANCES 1. Jury Duty An employee who is assigned to a work schedule outside of the regular business hours of Monday through Friday 8:00 a.m. to 5:00 p.m. "night shift" as that term is used in Article VII, Section F. of this Agreement, and who is required to attend any court in response to a summons for jury duty or while serving on a jury will be reassigned to an Monday through Friday 8:00 a.m. to 5:00 p.m. shift work schedule for the required time in jury duty, and night shift premium pay shall not be discontinued during the period of reassignment. The employee will maintain the employee’s usual days off during this time period. Within one-half (1/2) hour of release from jury duty, or as soon as possible thereafter, the employee shall notify their supervisor of their approximate return to work time. Employees are required to report to work during regular business hours preceding and immediately following jury duty and reasonable travel time unless prior authorization has been obtained from the employee’s supervisor which may include using applicable and available leave time and/or Leave Without Pay if no applicable and available leave balances exist. If an employee is dismissed from jury duty during the week, the department shall have the discretion to place the employee back in their regular work schedule for the duration of the week, provided it does not result in overtime. All employees shall receive their regular wages or salary during the time they are required to be absent from the duties of their position to attend any court in response to a summons for jury duty or while serving on a jury, but shall pay over to the City any fees, including mileage allowances, received for such attendance or service. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 66 2. Court Appearances The following rules shall apply to court appearances. a. If an employee receives a departmental notice or subpoena requiring a court appearance on the employee's regularly scheduled day off, or on vacation, or on a day off on compensatory time off which has been approved prior to notice and/or the employee's receipt of a departmental notice of subpoena, the employee shall have the option of: (1) standing by at home, when legally permitted, or, (2) appearing at the court, with a minimum of three (3) hours pay at one and one-half (1 ½) times the base rate of pay. During this three (3) hour period, if the employee is not required to appear in court, the employee may, at the option of the department, be required to perform duties as assigned. The employee shall be released from duty when the subpoena or notice is cancelled or the court releases the employee. b. If an employee receives a departmental notice or subpoena requiring a court appearance on a regular day of work which falls outside of assigned work hours, the employee shall have the option of: (1) standing by at home, when legally permitted, or (2) appearing at the court, with a minimum of two (2) hours pay, at one and one-half (1 ½) times the rate of pay. During this two (2) hour period, if the employee is not required to appear in court, the employee may, at the option of the department, be required to perform duties as assigned. (3) If the court appearance starts within one-half (½) hour immediately following assigned work hours, the employee shall receive a one (1) hour minimum. If the court appearance falls during assigned work hours and continues beyond the end of the shift, the employee shall be paid at the applicable hourly rate for the actual time spent in court. c. The provisions of Subsection 2., above shall apply to employees who are required to appear in any judicial or administrative proceeding as a witness pursuant to subpoena, court order, or by request of the District Attorney. Section O. of this Agreement shall apply to all judicial proceedings (civil, criminal, or administrative) and Civil MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 67 Service proceedings in which an employee's presence is ordered, directed, or requested by the City because of the employee’s employment. d. Where an employee's appearance extends beyond the applicable two (2) or three (3) hour minimum, the employee shall be paid the employee’s base hourly rate of pay. e. Any employee regularly scheduled to a work schedule other than Monday through Friday may have their schedule changed to Monday through Friday until the employee’s court appearance obligations are completed. Q. SPECIAL RULES FOR THE SOLID WASTE MANAGEMENT DIVISION 1. Residential Solid Waste Work a. Residential Solid Waste work is performed by assigned routes, the actual work upon which may vary according to the amounts of material placed out for collection by the customers, and is not fully subject to work planning. The work includes such collection and varied duties including, but not limited to, the collection of special pickups, skips, disposal of the day’s collected material at disposal site, return and check-in at the dispatch office, and participation in any necessary briefing or training sessions. b. During the week of Thanksgiving, routes for Thursday and Friday will be shifted to Friday and Saturday. Drivers, who complete their assigned route in less than ten hours on Saturday of Thanksgiving week, will be paid for a full shift at one and one-half times the hourly rate. Drivers who do not work full ten-hour shifts on the Tuesday and Wednesday of Thanksgiving week due to unscheduled absences will not be eligible to work on Saturday. c. On those weeks when Christmas Day and New Year’s Day fall on a regularly scheduled week day, the routes scheduled on Christmas and New Year’s Day and the routes after these holidays will be shifted by one day, to include Saturday. Drivers who complete their assigned route in less than ten hours on these assigned Saturdays of the weeks of Christmas and New Year’s Day, will be paid for a full shift at one and one half times the hourly rate. Drivers who do not work full ten-hour shifts any day of the week of Christmas Day (December 25) due to unscheduled absences will not be eligible to work on the Saturday after Christmas. Drivers who do not work full ten-hour shifts the week of New Year’s Day (January 1) due to unscheduled absences will not be eligible to work the Saturday after MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 68 New Year’s Day. 2. Routes and Quality Control Route perimeters shall be structured and restructured at the discretion of the City; however, the City will include division employees in the deliberations prior to implementing any changes. Both parties acknowledge that division employees have valuable experience and expertise in the provision of municipal services, and in that regard employees are expected to be active participants in preparing and reviewing service delivery options for their routes in an effort to enhance the City’s ability to be competitive with the private sector. Employees affected as a result of route perimeter restructuring shall not have the right to bump other permanently assigned employees. The City shall have the right to take necessary steps to ensure sound quality control. 3. Vacation Selection Selection of vacation shall be on the basis of date-of-hire seniority in the Solid Waste Management Division (SWMD). 4. Route Assignment Selection The following route assignment selection process applies to employees occupying the classes of Sanitation Operator. a. General - All employees selecting/bidding route assignments must be qualified to drive the assigned vehicle. It is the responsibility of all employees to possess and maintain a valid California Driver’s License (CDL) and Medical Certificate, and to inform SWMD of any change or incident with the potential for change to the employee’s CDL status. Failure to possess and maintain a valid license or certificate shall result in the employee being placed on a leave without pay status, and subject to possible corrective action up to and including termination for failure to qualify for the position. (1) “Floaters” are Sanitation Operators who do not have a permanent route. (2) Within six months of Council approval of the MOU, the City and Local 39 will meet to discuss possible adjustments of green waste routes based on seasonal workload variations. Route assignments may be modified if the parties reach mutual agreement. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 69 b. Open Permanent Routes - Permanent routes are considered open for selection/bidding when new routes are added or vacancies occur (due to movement to another permanent route, separation from City service, promotion, etc.). (1) Selection/bidding of open permanent routes shall be on the basis of seniority, by class. (2) Open permanent routes that do not get selected/bid for will be assigned by management to the least senior Sanitation Operator that is available. Once Sanitation Operators are awarded their selection/bid, or are assigned by management they shall not be eligible to select/bid for six (6) months for other open permanent routes that may become available. c. Nonpermanent Routes - Nonpermanent routes occur when a permanently assigned Sanitation Operator is absent from duty for any reason (e.g., days off, vacation, sick, injury, leave without pay, etc.). There are two types of nonpermanent routes (i.e., short term and long term). (1) General - The following applications apply to short term and long term selection processes. (a) The SWMD may assign employees to specific routes when no other qualified employee is available. If an employee so assigned is pulled from a route the employee selected/bid on and was awarded, then after the assignment is completed the employee will be allowed to go back to the route the employee was pulled from. (b) Employees must remain on the nonpermanent long- term route until the return of the permanently assigned employee, or until quarterly rebidding occurs on the first working day of January, April, July, and October. (6) Short Term Routes - This is a nonpermanent route situation of 40 hours or less, and the following assignment selection process applies to floater employees occupying the class of Sanitation Operator. (a) Short term route assignments shall be assigned by management to the least senior Sanitation Operator. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 70 (3) Long Term Routes - This is a nonpermanent route situation of more than 40 hours, and the following assignment selection process applies to floater employees. (a) Selection/bidding of long term routes shall be on the basis of seniority, by class. (b) Long term routes that do not get selected/bid for will be assigned by management to the least senior Sanitation Operator that is available. 5. Drivers assigned to the Residential Waste division who are not available for their primary duties of driving a waste collection vehicle for a period of sixty (60) calendar days or more (as verified by documentation, such as a doctor’s note or other leave of absence form) when bidding for vacations and routes is in process (i.e., at the time of bidding), will not be allowed to participate in the bid. The sixty (60) calendar days calculation will start on the first day the Driver is stated to be unavailable to perform their primary duties of driving a waste collection vehicle, and end on the day the Driver is expected to return to perform their primary duties of driving a waste collection vehicle. All Drivers will be notified of the bid date at least two (2) weeks before vacation and route assignments are declared open for bidding. If and when a Driver returns to perform their primary duties of driving a waste collection vehicle, the Driver will be assigned as a floater and also allowed to bid on any unassigned routes. The Driver will be eligible to bid at the next scheduled bid as long as the Driver is not again unavailable for their primary duties of driving a waste collection vehicle for a period of sixty (60) calendar days or more. 6. These rules may be modified by mutual agreement of the parties during the term of the Agreement. R. WASTEWATER MANAGEMENT DIVISION 1. Except for permanent employees occupying the classes of Wastewater Treatment Plant Operator-in-Training, Wastewater Treatment Plant Technician, and Wastewater Treatment Plant Specialist, seniority shall be defined as seniority in a class based on an employee's length of continuous service as a permanent employee in the employee's present class. a. Seniority shall not be applied to temporary or provisional/acting status employees. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 71 b. Continuous service shall include all time in the employee's present class. Continuous service shall not include any time spent under suspension from duty, demotion/transfer to another class, or on any leave of absence without pay as defined in applicable sections of the FMC. A military leave of absence shall not be considered a break in service. c. In the event seniority is equal, seniority shall be determined based upon the employee's standing on the eligible list for that class as prepared by the Personnel Services Department. In the event seniority is equal based on appointment to a journey level class (e.g., for a flexibly staffed series), seniority shall first be determined based upon the employee's appointment date to the entry level class. In the event the appointment date to the entry level class is also equal, seniority shall be determined by the employee's standing on the eligible list for the entry level class. d. It is expressly understood that shift assignments and staffing levels are determined by management, and are subject to change based on varying workload, the addition of authorized staffing, and operational and service needs. Such decisions shall not be appealable or grievable. 2. For permanent employees occupying the classes of Wastewater Treatment Plant Operator-in-Training, Wastewater Treatment Plant Technician, and Wastewater Treatment Plant Specialist, seniority shall be defined as seniority in this class series based on an employee's length of continuous service as an employee in the class series (i.e., date-of-hire in the series). Wastewater Treatment Plant Operator-in-Training shall not exercise seniority rights (i.e. shift bidding) until permanent status is achieved by being promoted. a. Seniority shall not be applied to temporary or provisional/acting status employees. b. Continuous service shall include all time in the class series. Continuous service shall not include any time spent under suspension from duty, demotion/transfer to another class outside of the series, or on any leave of absence without pay as defined in applicable sections of the FMC. A military leave of absence shall not be considered a break in service. c. In the event seniority is equal, seniority shall be determined based upon each employee's standing on the eligible list for initial date-of- MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 72 hire into the series as prepared by the Personnel Services Department. d. It is expressly understood that shift position assignments by classification and staffing levels are determined by management, and are subject to change based on varying workload, the addition or reduction in authorized staffing, and operational and service needs. Management may assign any employee occupying the class of Wastewater Treatment Plant Operator-in-Training to a particular shift or stall, move stalls to different shifts, and change the days off for stalls. In the event management determines fixed shift schedules detrimentally impact operational and service needs, management may discontinue fixed shift schedules with thirty (30) days advance written notice to the affected employees, and the Labor Relations Division. The decision to discontinue fixed shift schedules is not appealable or grievable. (1) If management discontinues fixed shift schedules, schedules shall revert to rotation through day, swing and graveyard shifts which were in existence prior to the establishment of fixed schedules. S. CLASSIFICATION AND COMPENSATION STUDY The City hereby agrees to conduct a comprehensive classification and compensation study, including but not limited to salaries, premium and certification pays, and classification structure regarding classes represented by Local 39, following recommendations to be issued by a subcommittee. The subcommittee shall be comprised of two (2) representatives from Local 39, one (1) representative from the City negotiating team, and one (1) representative from the City’s Personnel Services Department Classification and Compensation Division to identify the initial framework. The parties intend for the subcommittee to commence meetings by March 2023. The City will implement up to $2.9 million dollars in compensation adjustments based on the results identified by the classification and compensation study and mutually agreed upon and accepted by both parties and shall be implemented effective no later than December 30, 2024. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 73 ARTICLE VIII FEDERAL DRUG POLICY (FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT) Policy 1. A policy which summarizes the federal regulations required by the Federal Omnibus Transportation Employee Testing Act is distributed to all affected employees during training and orientation. 2. The parties have agreed that the Medical Review Officer (MRO) and the Substance Abuse Professional (SAP) will be those designated by the Risk Manager and that employees referred to these services as a result of the application of this policy will be tracked separately and the charges for services provided by the referred MRO and/or SAP billed directly to the City through the Risk/Safety Manager. The Risk/Safety Manager will be responsible for receiving all information related to the implementation of this policy and directing the applicable disciplinary action in coordination with the Director of Personnel Services or designee. 3. An observer not subject to random testing under this policy, designated by one of the affected labor organizations, will be invited by the Manager of the Risk/Safety Division to be present at the time the random list is generated. 4. Any disciplinary action taken by the City as a result of this policy will be subject to the applicable provisions of current MOU’s, Administrative Orders, and FMC concerning representation and hearing appeals process. Among the factors to be considered in determining the appropriate disciplinary action include the level of the offense, the nature and requirements of the work, length of employment, current job performance, and history of past disciplinary action. Pursuant to the provisions of FMC-3-605 (a)(5), the City reserves the exclusive right to determine the level of disciplinary action, utilizing the following guidelines: a. An employee who registers an alcohol breath level between .02 and .039 as a result of a random test will be immediately removed from the safety sensitive position for a period of eight (8) hours Federal Transit Administration (FTA) or twenty-four (24) hours Federal Motor Carrier Safety Administration (FMCSA) and placed on administrative leave with pay for the duration of the affected scheduled shift. An employee thus removed, may be subject to appropriate disciplinary action up to and including discharge for each such offense. b. An employee who registers an alcohol breath level of .04 or greater, or is determined to have a positive drug test as a result of reasonable suspicion, random selection, or post accident testing, may be referred to a SAP for MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 74 evaluation. Any employee permitted to undergo rehabilitation treatment as a condition of continued employment, must complete the treatment modality/program recommended by the SAP prior to resuming a safety sensitive function and participate in any follow-up protocol recommended by the SAP. The period of absence to complete the rehabilitation program will be charged to any available sick leave, vacation, or leave without pay, at the employee’s option. It is the employee’s responsibility to authorize and direct the SAP/MRO to keep the City informed of the progress of treatment. An employee who fails to inform the City concerning the status of treatment, refuses to undergo recommended treatment, does not complete the recommended program and follow-up protocol, or refuses to return to work after being released from rehabilitation treatment, will be subject to disciplinary action up to and including discharge. c. An employee who registers an alcohol breath level of .04 or greater, or is determined to have a positive drug test as a result of reasonable cause, post accident testing, mandatory follow-up testing, or refuses to submit to a drug or alcohol test, may be subject to disciplinary action up to and including discharge. Procedure for Random Testing 1. The Risk/Safety Manager selects a date and time for testing and requests the designated labor organization observer to attend. The date is usually selected 24 hours prior to the creation of the list of names for actual testing. In order to facilitate testing, the Risk/Safety Manager will notify the designated testing facility of the date and time of expected testing so that adequate staffing needs are met. 2. At the appointed time of list creation, the Risk/Safety Manager will request the designated labor organization observer to select a random number between 1-10. 3. Based upon the number selected, the computer will generate lists until that numbered list is reached. That list will be used for testing and all others will be discarded. Both the Risk/Safety Manager and the observer will sign the selected list to verify its authenticity as being the list selected. 4. The Risk/Safety Manager will review the list and identify the physical location of all employees selected. 5. The Risk/Safety Manager contacts those departments/divisions which have effected employees and advises them that they have employees who require drug/alcohol testing. 6. The departments/divisions are responsible for notifying selected employees that they have been chosen for random testing. Selected employees for testing shall be subject to testing from the time the employee reports to work until the time MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 75 he/she is relieved from work and all responsibility for performing work. Employees that are selected, but who are not reasonably expected to return to work before the next list is drawn shall not be tested. 7. Departments/divisions will notify the Risk/Safety Manager of the availability of selected employees. The Risk/Safety Manager will note this information and provide a notation in the file if an employee is bypassed. 8. The Risk/Safety Manager shall maintain a separate file for each date that testing is performed. The file shall contain the original list from which the names were used to identify employees to be tested. 9. The Risk/Safety Manager shall place a copy of the completed drug testing report into each corresponding file for that specific date of testing. 10. Upon receipt of information from the MRO that an employee has tested positive for drugs or alcohol, the Risk/Safety Manager shall advise the employee’s department/divisions that the employee must be precluded from performing in a safety sensitive capacity. 11. The Risk/Safety Manager shall contact the SAP and shall advise the employee of a date and time for referral. 12. Upon receipt of the recommendation of the SAP, the Risk/Safety Manager shall confer with the employee, and the employee’s representative if the employee so chooses and the department/division representative for the purpose of discussing the recommendation of the SAP, and whether a Last Chance Agreement will be considered. The purpose of the Last Chance Agreement would be to allow the employee to return to work (upon testing negative for drugs and alcohol) with the understanding that the recommendation of the SAP be completed and that any future positive test will result in termination without appeal. As required by federal law, employees who have tested positive and who have returned to work, will still be subject to random selection for testing and will be subject to six additional tests for drugs and alcohol during the subsequent year. The procedure for random testing is outlined in the City of Fresno Controlled Substances and Alcohol Testing Policy. 13. Reopener If the City proposes to change the corresponding City-wide random drug and alcohol testing policy, the parties agree to a limited reopener on the MOU policy agreement between the City and the Union. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 76 ARTICLE IX HEADINGS, SAVING CLAUSE AND FULL UNDERSTANDING A. HEADINGS Agreement article, provision, and paragraph headings (includes exhibits, addendums, attachments, agreements and side letters) contained herein are solely for the purpose of convenience, and shall not affect the construction or interpretation of any of the language of this agreement. B. SAVING CLAUSE In the event any article, section, or portion of this Agreement should be held invalid and unenforceable in any court of competent jurisdiction, such decision shall apply only to the specific article, section, or portion thereof specified in the court's decision, and upon issuance of such a decision, the City and the Union agree immediately to meet and confer upon a substitute for the invalidated article, section, or portion thereof. C. FULL UNDERSTANDING It is intended that this Agreement sets forth the full and entire understanding of the parties, and any previous understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety. With respect to agreements, any not attached to this Agreement are hereby terminated in their entirety. Agreements attached to this Agreement shall continue in force subject to the terms contained therein, or in the absence of specified terms the agreements shall terminate upon the expiration of this Agreement. Any agreements entered into during the term of this Agreement shall continue in force subject to the terms and conditions set forth in each agreement. Further, neither party shall be bound by any promise or assurance that is not explicitly covered in this Agreement, or in an agreement signed by both parties. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 – REDLINE Page 77 ARTICLE X TERMINATION This Agreement shall be in full force and effect from January 6, 2020 January 2, 2023 to January 1, 2023 June 15, 2025 subject to the Sections (A., B., and C. below). The only term set forth in this Agreement that is retroactive is the base salary increase. A. This Agreement shall become effective only after ratification by the members of this Unit, followed by City Council approval and the expiration of the waiting period for the Mayor’s action provided in Charter Sections 605 and 609, and after all parties named on the signature page of this MOU have signed the MOU, and shall remain in full force and effect through January 1, 2023 June 15, 2025. B. During the life of this Agreement, should either party desire to modify its terms or to meet and confer as to matters within the scope of representation not addressed in this Agreement, such party shall request in writing to meet and confer on the item, which item shall be specified in writing. C. During the life of this Agreement, either party may refuse any request to meet and confer without explanation if the item is directly considered and specifically addressed herein or if the specific item was included in a written proposal from the party making the request during the meet and confer process which led to this Agreement. D. REOPENERS In the event the City proposes revisions to the Fresno Municipal Code which relate to mandatory subjects of bargaining during the term of this MOU, the parties agree to engage in the meet and confer process in accordance with the law. The parties agree to meet and confer over: 1. Revisions to the Personnel provisions of the Fresno Municipal Code (“FMC”). Chapter 3, Article 1; 2. Revisions to the Civil Service Regulations of the FMC, Chapter 3, Article 2; and, 3. Revisions to the Employer-Employee Relations provisions of the FMC, Chapter 3, Article 6. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 78 IN WITNESS WHEREOF, the parties hereto have set their hands this day of ___________________, 20 . FOR THE INTERNATIONAL UNION OF FOR THE CITY OF FRESNO: OPERATING ENGINEERS, STATIONARY ENGINEERS, LOCAL 39: BART FLORENCE Business Manager/Secretary TJ MILLER Chief Negotiator JEFF GLADIEUX President STEPHANIE HERNANDEZ Principal Labor Relations Analyst BRANDY JOHNSON Director of Public Employees YER TAYLOR Senior Human Resources/Risk Analyst TERRI HAUSCHEL Business Representative/Chief Negotiator STEPHANIE FOGLIO Senior Human Resources/Risk Analyst ROSEMARY AGUINALDO Shop Steward KEVIN DALE Legal Advisor JOSE AMELY Shop Steward DAVID FLORES Shop Steward NATHANAEL LOPEZ Shop Steward BRIAN NUNN Shop Steward DANIEL RUIZ Shop Steward BENJAMIN SANCHEZ Shop Steward APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY: __________________________ Supervising Deputy City Attorney MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 79 EXHIBIT I Salaries Effective January 6, 2020 CLASS TITLE A B C D E Airports Building Maintenance Technician 3664 3848 4039 4241 4453 Airports Operations Leadworker 4280 4494 4719 4955 5202 Airports Operations Specialist 3891 4084 4288 4503 4727 Automotive Parts Leadworker 3891 4084 4288 4503 4727 Automotive Parts Specialist 3535 3712 3897 4093 4297 Aviation Mechanic I 4747 4986 5233 5496 5770 Aviation Mechanic II 5223 5483 5757 6046 6346 Aviation Mechanic Leadworker 5744 6031 6333 6649 6982 Body & Fender Repairer 4747 4986 5233 5496 5770 Body & Fender Repairer Leadworker 5223 5483 5757 6046 6346 Body & Fender Repairer Trainee 4279 4493 4718 4954 5201 Brake & Front End Specialist 5223 5483 5757 6046 6346 Bus Air Conditioning Mechanic 4747 4986 5233 5496 5770 Bus Air Conditioning Mechanic Leadworker 5223 5483 5757 6046 6346 Bus Air Conditioning Mechanic Trainee 4279 4493 4718 4954 5201 Bus Equipment Attendant Leadworker 3891 4084 4288 4503 4727 Bus Mechanic I 4279 4493 4718 4954 5201 Bus Mechanic II 4747 4986 5233 5496 5770 Bus Mechanic Leadworker 5223 5483 5757 6046 6346 Collection System Maintenance Specialist 4328 4544 4771 5009 5260 Collection System Maintenance Technician 3934 4131 4338 4554 4782 Combination Welder 4747 4986 5233 5496 5770 Combination Welder Leadworker 5223 5483 5757 6046 6346 Communications Technician I 4255 4468 4691 4925 5171 Communications Technician II 4691 4925 5171 5430 5701 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 80 EXHIBIT I Salaries Effective January 6, 2020 CLASS TITLE A B C D E Cross Connection Control Technician 4547 4775 5012 5263 5525 Custodian 2905 3050 3203 3362 3530 Electronic Equipment Installer 3451 3623 3805 3995 4195 Equipment Service Worker I 3535 3712 3897 4093 4297 Equipment Service Worker II 3891 4084 4288 4503 4727 Fire Equipment Mechanic I 4279 4493 4718 4954 5201 Fire Equipment Mechanic II 4747 4986 5233 5496 5770 Fire Equipment Mechanic Leadworker 5223 5483 5757 6046 6346 Graffiti Abatement Technician 3489 3663 3848 4039 4241 Ground Water Production Specialist 4547 4775 5012 5263 5525 Ground Water Production Technician 4134 4341 4557 4785 5024 Heavy Equipment Mechanic I 4279 4493 4718 4954 5201 Heavy Equipment Mechanic II 4747 4986 5233 5496 5770 Heavy Equipment Mechanic Leadworker 5223 5483 5757 6046 6346 Heavy Equipment Operator 4415 4637 4867 5112 5366 Instrumentation Specialist 5000 5250 5513 5788 6076 Instrumentation Technician 4547 4775 5012 5263 5525 Irrigation Specialist 3839 4032 4233 4444 4665 Laborer 2948 3083 3224 3371 3530 Light Equipment Mechanic I 4279 4493 4718 4954 5201 Light Equipment Mechanic II 4747 4986 5233 5496 5770 Light Equipment Mechanic Leadworker 5223 5483 5757 6046 6346 Light Equipment Operator 3891 4084 4288 4503 4727 Locksmith 3558 3736 3922 4118 4323 Maintenance & Construction Worker 3535 3712 3897 4093 4297 Maintenance & Operations Assistant 2948 3083 3224 3371 3530 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 81 EXHIBIT I Salaries Effective January 6, 2020 CLASS TITLE A B C D E Maintenance Carpenter I 3916 4111 4317 4532 4758 Maintenance Carpenter II 4319 4535 4761 4999 5249 Park Equipment Mechanic II 3891 4084 4288 4503 4727 Park Equipment Mechanic Leadworker 4279 4493 4718 4954 5201 Parking Meter Attendant I 3196 3355 3524 3699 3884 Parking Meter Attendant II 3517 3692 3875 4069 4273 Parking Meter Attendant III 3867 4060 4263 4476 4699 Parks Maintenance Leadworker 3839 4032 4233 4444 4665 Parks Maintenance Worker I 2905 3050 3203 3362 3530 Parks Maintenance Worker II 3490 3664 3848 4039 4241 Power Generation Operator/Mechanic 5268 5531 5808 6097 6402 Property Maintenance Leadworker 3924 4119 4325 4542 4768 Property Maintenance Worker 3664 3848 4041 4242 4453 Roofer 3558 3735 3923 4118 4323 Sanitation Operator 3891 4084 4288 4503 4727 Senior Collection System Maintenance Specialist 4760 4998 5248 5510 5785 Senior Communications Technician 5174 5433 5705 5989 6289 Senior Custodian 3196 3355 3524 3699 3884 Senior Ground Water Production Operator 5562 5841 6133 6439 6761 Senior Heavy Equipment Operator 5435 5707 5992 6292 6606 Senior Sanitation Operator 4415 4637 4867 5112 5366 Senior Wastewater Mechanical Specialist 4789 5029 5279 5544 5820 Senior Wastewater Treatment Plant Operator 5562 5841 6133 6439 6761 Senior Water Distribution/Production Operator 5562 5841 6133 6439 6761 Senior Water Treatment Plant Operator 5677 5961 6259 6571 6899 Solid Waste Safety & Training Specialist 4212 4417 4635 4861 5099 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 82 EXHIBIT I Salaries Effective January 6, 2020 CLASS TITLE A B C D E Street Maintenance Leadworker 3987 4185 4394 4614 4844 Street Sweeper Lead Operator 4279 4493 4718 4954 5201 Street Sweeper Operator 3891 4084 4288 4503 4727 Tire Maintenance & Repair Technician 3891 4084 4288 4503 4727 Tire Maintenance Worker 3535 3712 3897 4093 4297 Traffic Maintenance Leadworker 3987 4185 4394 4614 4844 Traffic Maintenance Worker I 3287 3451 3623 3805 3995 Traffic Maintenance Worker II 3615 3795 3986 4184 4392 Tree Trimmer Leadworker 3956 4153 4362 4580 4809 Utility Leadworker 3839 4032 4233 4444 4665 Waste Container Maintenance Worker 3196 3355 3524 3699 3884 Wastewater Distributor Technician 3577 3755 3943 4139 4346 Wastewater Mechanical Specialist* 4547 4775 5012 5263 5525 Wastewater Mechanical Technician* 4134 4341 4557 4785 5024 Wastewater Treatment Plant Operator-In- Training 3577 3755 3943 4139 4346 Wastewater Treatment Plant Specialist 4789 5029 5279 5544 5820 Wastewater Treatment Plant Technician 4547 4775 5012 5263 5525 Water Distribution/Production Specialist 4547 4775 5012 5263 5525 Water Distribution/Production Technician 4134 4341 4557 4785 5024 Water Maintenance Mechanic Specialist 4547 4775 5012 5263 5525 Water Maintenance Mechanic Technician 4134 4341 4557 4785 5024 Water Quality Specialist 4547 4775 5012 5263 5525 Water Quality Technician 4134 4341 4557 4785 5024 Welder 4279 4493 4718 4954 5201 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 83 EXHIBIT II Salaries Effective January 4, 2021 CLASS TITLE A B C D E Airports Building Maintenance Technician 3774 3964 4161 4369 4587 Airports Operations Leadworker 4409 4629 4861 5104 5359 Airports Operations Specialist 4008 4207 4417 4639 4869 Automotive Parts Leadworker 4008 4207 4417 4639 4869 Automotive Parts Specialist 3642 3824 4014 4216 4426 Aviation Mechanic I 4890 5136 5390 5661 5944 Aviation Mechanic II 5380 5648 5930 6228 6537 Aviation Mechanic Leadworker 5917 6212 6523 6849 7192 Body & Fender Repairer 4890 5136 5390 5661 5944 Body & Fender Repairer Leadworker 5380 5648 5930 6228 6537 Body & Fender Repairer Trainee 4408 4628 4860 5103 5358 Brake & Front End Specialist 5380 5648 5930 6228 6537 Bus Air Conditioning Mechanic 4890 5136 5390 5661 5944 Bus Air Conditioning Mechanic Leadworker 5380 5648 5930 6228 6537 Bus Air Conditioning Mechanic Trainee 4408 4628 4860 5103 5358 Bus Equipment Attendant Leadworker 4008 4207 4417 4639 4869 Bus Mechanic I 4408 4628 4860 5103 5358 Bus Mechanic II 4890 5136 5390 5661 5944 Bus Mechanic Leadworker 5380 5648 5930 6228 6537 Collection System Maintenance Specialist 4458 4681 4915 5160 5418 Collection System Maintenance Technician 4053 4255 4469 4691 4926 Combination Welder 4890 5136 5390 5661 5944 Combination Welder Leadworker 5380 5648 5930 6228 6537 Communications Technician I 4383 4603 4832 5073 5327 Communications Technician II 4832 5073 5327 5593 5873 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 84 EXHIBIT II Salaries Effective January 4, 2021 CLASS TITLE A B C D E Cross Connection Control Technician 4684 4919 5163 5421 5691 Custodian 2993 3142 3300 3463 3636 Electronic Equipment Installer 3555 3732 3920 4115 4321 Equipment Service Worker I 3642 3824 4014 4216 4426 Equipment Service Worker II 4008 4207 4417 4639 4869 Fire Equipment Mechanic I 4408 4628 4860 5103 5358 Fire Equipment Mechanic II 4890 5136 5390 5661 5944 Fire Equipment Mechanic Leadworker 5380 5648 5930 6228 6537 Graffiti Abatement Technician 3594 3773 3964 4161 4369 Ground Water Production Specialist 4684 4919 5163 5421 5691 Ground Water Production Technician 4259 4472 4694 4929 5175 Heavy Equipment Mechanic I 4408 4628 4860 5103 5358 Heavy Equipment Mechanic II 4890 5136 5390 5661 5944 Heavy Equipment Mechanic Leadworker 5380 5648 5930 6228 6537 Heavy Equipment Operator 4548 4777 5014 5266 5527 Instrumentation Specialist 5150 5408 5679 5962 6259 Instrumentation Technician 4684 4919 5163 5421 5691 Irrigation Specialist 3955 4153 4360 4578 4805 Laborer 3037 3176 3321 3473 3636 Light Equipment Mechanic I 4408 4628 4860 5103 5358 Light Equipment Mechanic II 4890 5136 5390 5661 5944 Light Equipment Mechanic Leadworker 5380 5648 5930 6228 6537 Light Equipment Operator 4008 4207 4417 4639 4869 Locksmith 3665 3849 4040 4242 4453 Maintenance & Construction Worker 3642 3824 4014 4216 4426 Maintenance & Operations Assistant 3037 3176 3321 3473 3636 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 85 EXHIBIT II Salaries Effective January 4, 2021 CLASS TITLE A B C D E Maintenance Carpenter I 4034 4235 4447 4668 4901 Maintenance Carpenter II 4449 4672 4904 5149 5407 Park Equipment Mechanic II 4008 4207 4417 4639 4869 Park Equipment Mechanic Leadworker 4408 4628 4860 5103 5358 Parking Meter Attendant I 3292 3456 3630 3810 4001 Parking Meter Attendant II 3623 3803 3992 4192 4402 Parking Meter Attendant III 3984 4182 4391 4611 4840 Parks Maintenance Leadworker 3955 4153 4360 4578 4805 Parks Maintenance Worker I 2993 3142 3300 3463 3636 Parks Maintenance Worker II 3595 3774 3964 4161 4369 Power Generation Operator/Mechanic 5427 5697 5983 6280 6595 Property Maintenance Leadworker 4042 4243 4455 4679 4912 Property Maintenance Worker 3774 3964 4163 4370 4587 Roofer 3665 3848 4041 4242 4453 Sanitation Operator 4008 4207 4417 4639 4869 Senior Collection System Maintenance Specialist 4903 5148 5406 5676 5959 Senior Communications Technician 5330 5596 5877 6169 6478 Senior Custodian 3292 3456 3630 3810 4001 Senior Ground Water Production Operator 5729 6017 6317 6633 6964 Senior Heavy Equipment Operator 5599 5879 6172 6481 6805 Senior Sanitation Operator 4548 4777 5014 5266 5527 Senior Wastewater Mechanical Specialist 4933 5180 5438 5711 5995 Senior Wastewater Treatment Plant Operator 5729 6017 6317 6633 6964 Senior Water Distribution/Production Operator 5729 6017 6317 6633 6964 Senior Water Treatment Plant Operator 5848 6140 6447 6769 7106 Solid Waste Safety & Training Specialist 4339 4550 4775 5007 5252 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 86 EXHIBIT II Salaries Effective January 4, 2021 CLASS TITLE A B C D E Street Maintenance Leadworker 4107 4311 4526 4753 4990 Street Sweeper Lead Operator 4408 4628 4860 5103 5358 Street Sweeper Operator 4008 4207 4417 4639 4869 Tire Maintenance & Repair Technician 4008 4207 4417 4639 4869 Tire Maintenance Worker 3642 3824 4014 4216 4426 Traffic Maintenance Leadworker 4107 4311 4526 4753 4990 Traffic Maintenance Worker I 3386 3555 3732 3920 4115 Traffic Maintenance Worker II 3724 3909 4106 4310 4524 Tree Trimmer Leadworker 4075 4278 4493 4718 4954 Utility Leadworker 3955 4153 4360 4578 4805 Waste Container Maintenance Worker 3292 3456 3630 3810 4001 Wastewater Distributor Technician 3685 3868 4062 4264 4477 Wastewater Mechanical Specialist 4684 4919 5163 5421 5691 Wastewater Mechanical Technician 4259 4472 4694 4929 5175 Wastewater Treatment Plant Operator-In- Training 3685 3868 4062 4264 4477 Wastewater Treatment Plant Specialist 4933 5180 5438 5711 5995 Wastewater Treatment Plant Technician 4684 4919 5163 5421 5691 Water Distribution/Production Specialist 4684 4919 5163 5421 5691 Water Distribution/Production Technician 4259 4472 4694 4929 5175 Water Maintenance Mechanic Specialist 4684 4919 5163 5421 5691 Water Maintenance Mechanic Technician 4259 4472 4694 4929 5175 Water Quality Specialist 4684 4919 5163 5421 5691 Water Quality Technician 4259 4472 4694 4929 5175 Welder 4408 4628 4860 5103 5358 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 87 EXHIBIT III Salaries Effective January 3, 2022 CLASS TITLE A B C D E Airports Building Maintenance Technician 3850 4044 4245 4457 4679 Airports Operations Leadworker 4498 4722 4959 5207 5467 Airports Operations Specialist 4089 4292 4506 4732 4967 Automotive Parts Leadworker 4089 4292 4506 4732 4967 Automotive Parts Specialist 3715 3901 4095 4301 4515 Aviation Mechanic I 4988 5239 5498 5775 6063 Aviation Mechanic II 5488 5761 6049 6353 6668 Aviation Mechanic Leadworker 6036 6337 6654 6986 7336 Body & Fender Repairer 4988 5239 5498 5775 6063 Body & Fender Repairer Leadworker 5488 5761 6049 6353 6668 Body & Fender Repairer Trainee 4497 4721 4958 5206 5466 Brake & Front End Specialist 5488 5761 6049 6353 6668 Bus Air Conditioning Mechanic 4988 5239 5498 5775 6063 Bus Air Conditioning Mechanic Leadworker 5488 5761 6049 6353 6668 Bus Air Conditioning Mechanic Trainee 4497 4721 4958 5206 5466 Bus Equipment Attendant Leadworker 4089 4292 4506 4732 4967 Bus Mechanic I 4497 4721 4958 5206 5466 Bus Mechanic II 4988 5239 5498 5775 6063 Bus Mechanic Leadworker 5488 5761 6049 6353 6668 Collection System Maintenance Specialist 4548 4775 5014 5264 5527 Collection System Maintenance Technician 4135 4341 4559 4785 5025 Combination Welder 4988 5239 5498 5775 6063 Combination Welder Leadworker 5488 5761 6049 6353 6668 Communications Technician I 4471 4696 4929 5175 5434 Communications Technician II 4929 5175 5434 5705 5991 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 88 EXHIBIT III Salaries Effective January 3, 2022 CLASS TITLE A B C D E Cross Connection Control Technician 4778 5018 5267 5530 5805 Custodian 3053 3205 3366 3533 3709 Electronic Equipment Installer 3627 3807 3999 4198 4408 Equipment Service Worker I 3715 3901 4095 4301 4515 Equipment Service Worker II 4089 4292 4506 4732 4967 Fire Equipment Mechanic I 4497 4721 4958 5206 5466 Fire Equipment Mechanic II 4988 5239 5498 5775 6063 Fire Equipment Mechanic Leadworker 5488 5761 6049 6353 6668 Graffiti Abatement Technician 3666 3849 4044 4245 4457 Ground Water Production Specialist 4778 5018 5267 5530 5805 Ground Water Production Technician 4345 4562 4788 5028 5279 Heavy Equipment Mechanic I 4497 4721 4958 5206 5466 Heavy Equipment Mechanic II 4988 5239 5498 5775 6063 Heavy Equipment Mechanic Leadworker 5488 5761 6049 6353 6668 Heavy Equipment Operator 4639 4873 5115 5372 5638 Instrumentation Specialist 5253 5517 5793 6082 6385 Instrumentation Technician 4778 5018 5267 5530 5805 Irrigation Specialist 4035 4237 4448 4670 4902 Laborer 3098 3240 3388 3543 3709 Light Equipment Mechanic I 4497 4721 4958 5206 5466 Light Equipment Mechanic II 4988 5239 5498 5775 6063 Light Equipment Mechanic Leadworker 5488 5761 6049 6353 6668 Light Equipment Operator 4089 4292 4506 4732 4967 Locksmith 3739 3926 4121 4327 4543 Maintenance & Construction Worker 3715 3901 4095 4301 4515 Maintenance & Operations Assistant 3098 3240 3388 3543 3709 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 89 EXHIBIT III Salaries Effective January 3, 2022 CLASS TITLE A B C D E Maintenance Carpenter I 4115 4320 4536 4762 5000 Maintenance Carpenter II 4538 4766 5003 5252 5516 Park Equipment Mechanic II 4089 4292 4506 4732 4967 Park Equipment Mechanic Leadworker 4497 4721 4958 5206 5466 Parking Meter Attendant I 3358 3526 3703 3887 4082 Parking Meter Attendant II 3696 3880 4072 4276 4491 Parking Meter Attendant III 4064 4266 4479 4704 4937 Parks Maintenance Leadworker 4035 4237 4448 4670 4902 Parks Maintenance Worker I 3053 3205 3366 3533 3709 Parks Maintenance Worker II 3667 3850 4044 4245 4457 Power Generation Operator/Mechanic 5536 5811 6103 6406 6727 Property Maintenance Leadworker 4123 4328 4545 4773 5011 Property Maintenance Worker 3850 4044 4247 4458 4679 Roofer 3739 3925 4122 4327 4543 Sanitation Operator 4089 4292 4506 4732 4967 Senior Collection System Maintenance Specialist 5002 5251 5515 5790 6079 Senior Communications Technician 5437 5708 5995 6293 6608 Senior Custodian 3358 3526 3703 3887 4082 Senior Ground Water Production Operator 5844 6138 6444 6766 7104 Senior Heavy Equipment Operator 5711 5997 6296 6611 6942 Senior Sanitation Operator 4639 4873 5115 5372 5638 Senior Wastewater Mechanical Specialist 5032 5284 5547 5826 6115 Senior Wastewater Treatment Plant Operator 5844 6138 6444 6766 7104 Senior Water Distribution/Production Operator 5844 6138 6444 6766 7104 Senior Water Treatment Plant Operator 5965 6263 6576 6905 7249 Solid Waste Safety & Training Specialist 4426 4641 4871 5108 5358 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 90 EXHIBIT III Salaries Effective January 3, 2022 CLASS TITLE A B C D E Street Maintenance Leadworker 4190 4398 4617 4849 5090 Street Sweeper Lead Operator 4497 4721 4958 5206 5466 Street Sweeper Operator 4089 4292 4506 4732 4967 Tire Maintenance & Repair Technician 4089 4292 4506 4732 4967 Tire Maintenance Worker 3715 3901 4095 4301 4515 Traffic Maintenance Leadworker 4190 4398 4617 4849 5090 Traffic Maintenance Worker I 3454 3627 3807 3999 4198 Traffic Maintenance Worker II 3799 3988 4189 4397 4615 Tree Trimmer Leadworker 4157 4364 4583 4813 5054 Utility Leadworker 4035 4237 4448 4670 4902 Waste Container Maintenance Worker 3358 3526 3703 3887 4082 Wastewater Distributor Technician 3759 3946 4144 4350 4567 Wastewater Mechanical Specialist 4778 5018 5267 5530 5805 Wastewater Mechanical Technician 4345 4562 4788 5028 5279 Wastewater Treatment Plant Operator-In- Training 3759 3946 4144 4350 4567 Wastewater Treatment Plant Specialist 5032 5284 5547 5826 6115 Wastewater Treatment Plant Technician 4778 5018 5267 5530 5805 Water Distribution/Production Specialist 4778 5018 5267 5530 5805 Water Distribution/Production Technician 4345 4562 4788 5028 5279 Water Maintenance Mechanic Specialist 4778 5018 5267 5530 5805 Water Maintenance Mechanic Technician 4345 4562 4788 5028 5279 Water Quality Specialist 4778 5018 5267 5530 5805 Water Quality Technician 4345 4562 4788 5028 5279 Welder 4497 4721 4958 5206 5466 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 91 EXHIBIT I Salaries Effective January 2, 2023 CLASS TITLE A B C D E Airports Building Maintenance Technician 3966 4166 4373 4591 4820 Airports Operations Leadworker 4633 4864 5108 5364 5632 Airports Operations Specialist 4212 4421 4642 4874 5117 Automotive Parts Leadworker 4212 4421 4642 4874 5117 Automotive Parts Specialist 3827 4019 4218 4431 4651 Aviation Mechanic I 5138 5397 5663 5949 6245 Aviation Mechanic II 5653 5934 6231 6544 6869 Aviation Mechanic Leadworker 6218 6528 6854 7196 7557 Body & Fender Repairer 5138 5397 5663 5949 6245 Body & Fender Repairer Leadworker 5653 5934 6231 6544 6869 Body & Fender Repairer Trainee 4632 4863 5107 5363 5630 Brake & Front End Specialist 5653 5934 6231 6544 6869 Bus Air Conditioning Mechanic 5138 5397 5663 5949 6245 Bus Air Conditioning Mechanic Leadworker 5653 5934 6231 6544 6869 Bus Air Conditioning Mechanic Trainee 4632 4863 5107 5363 5630 Bus Equipment Attendant Leadworker 4212 4421 4642 4874 5117 Bus Mechanic I 4632 4863 5107 5363 5713 Bus Mechanic II 5138 5397 5663 5949 6245 Bus Mechanic Leadworker 5653 5934 6231 6544 6869 Collection System Maintenance Specialist 4685 4919 5165 5422 5693 Collection System Maintenance Technician 4260 4472 4696 4929 5176 Combination Welder 5138 5397 5663 5949 6245 Combination Welder Leadworker 5653 5934 6231 6544 6869 Communications Technician I 4606 4837 5077 5331 5598 Communications Technician II 5077 5331 5598 5877 6171 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 92 EXHIBIT I Salaries Effective January 2, 2023 CLASS TITLE A B C D E Cross Connection Control Specialist 4922 5169 5426 5696 5980 Custodian 3145 3302 3467 3639 3821 Electronic Equipment Installer 3736 3922 4119 4324 4541 Equipment Service Worker I 3827 4019 4218 4431 4651 Equipment Service Worker II 4212 4421 4642 4874 5117 Fire Equipment Mechanic I 4632 4863 5107 5363 5630 Fire Equipment Mechanic II 5138 5397 5663 5949 6245 Fire Equipment Mechanic Leadworker 5653 5934 6231 6544 6869 Graffiti Abatement Technician 3776 3965 4166 4373 4591 Heavy Equipment Mechanic I 4632 4863 5107 5363 5630 Heavy Equipment Mechanic II 5138 5397 5663 5949 6245 Heavy Equipment Mechanic Leadworker 5653 5934 6231 6544 6869 Heavy Equipment Operator 4779 5020 5269 5534 5808 Instrumentation Specialist 5411 5683 5967 6265 6577 Instrumentation Technician 4922 5169 5426 5696 5980 Irrigation Specialist 4157 4365 4582 4811 5050 Laborer 3191 3338 3490 3650 3821 Light Equipment Mechanic I 4632 4863 5107 5363 5630 Light Equipment Mechanic II 5138 5397 5663 5949 6245 Light Equipment Mechanic Leadworker 5653 5934 6231 6544 6869 Light Equipment Operator 4212 4421 4642 4874 5117 Locksmith 3852 4044 4245 4457 4680 Maintenance & Construction Worker 3827 4019 4218 4431 4651 Maintenance & Operations Assistant 3191 3338 3490 3650 3821 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 93 EXHIBIT I Salaries Effective January 2, 2023 CLASS TITLE A B C D E Maintenance Carpenter I 4239 4450 4673 4905 5150 Maintenance Carpenter II 4675 4909 5154 5410 5682 Park Equipment Mechanic I 3827 4019 4218 4431 4651 Park Equipment Mechanic II 4212 4421 4642 4874 5117 Park Equipment Mechanic Leadworker 4632 4863 5107 5363 5630 Parking Meter Attendant I 3459 3632 3815 4004 4205 Parking Meter Attendant II 3807 3997 4195 4405 4626 Parking Meter Attendant III 4186 4394 4614 4846 5086 Parks Maintenance Leadworker 4157 4365 4582 4811 5050 Parks Maintenance Worker I 3145 3302 3467 3639 3821 Parks Maintenance Worker II 3778 3966 4166 4373 4591 Power Generation Operator/Mechanic 5703 5986 6287 6599 6929 Property Maintenance Leadworker 4247 4458 4682 4917 5162 Property Maintenance Worker 3966 4166 4375 4592 4820 Roofer 3852 4043 4246 4457 4680 Sanitation Operator 4212 4421 4642 4874 5117 Senior Collection System Maintenance Specialist 5153 5409 5681 5964 6262 Senior Communications Technician 5601 5880 6175 6482 6807 Senior Custodian 3459 3632 3815 4004 4205 Senior Heavy Equipment Operator 5883 6177 6485 6810 7151 Senior Sanitation Operator 4779 5020 5269 5534 5808 Senior Wastewater Mechanical Specialist 5183 5443 5714 6001 6299 Senior Wastewater Treatment Plant Operator 6020 6323 6638 6969 7318 Senior Water Distribution/Production Operator 6020 6323 6638 6969 7318 Senior Water Treatment Plant Operator 6531 6857 7200 7561 7939 Solid Waste Safety & Training Specialist 4559 4781 5018 5262 5519 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 94 EXHIBIT I Salaries Effective January 2, 2023 CLASS TITLE A B C D E Street Maintenance Leadworker 4316 4530 4756 4995 5243 Street Sweeper Lead Operator 4632 4863 5107 5363 5630 Street Sweeper Operator 4212 4421 4642 4874 5117 Tire Maintenance & Repair Technician 4212 4421 4642 4874 5117 Tire Maintenance Worker 3827 4019 4218 4431 4651 Traffic Maintenance Leadworker 4316 4530 4756 4995 5243 Traffic Maintenance Worker I 3558 3736 3922 4119 4324 Traffic Maintenance Worker II 3913 4108 4315 4529 4754 Tree Trimmer Leadworker 4282 4495 4721 4958 5206 Utility Leadworker 4157 4365 4582 4811 5050 Waste Container Maintenance Worker 3459 3632 3815 4004 4205 Wastewater Distributor Technician 3872 4065 4269 4481 4705 Wastewater Mechanical Specialist 4922 5169 5426 5696 5980 Wastewater Mechanical Technician 4476 4699 4932 5179 5438 Wastewater Treatment Plant Operator-In- Training 3872 4065 4269 4481 4705 Wastewater Treatment Plant Specialist 5183 5443 5714 6001 6299 Wastewater Treatment Plant Technician 4922 5169 5426 5696 5980 Water Distribution/Production Specialist 4922 5169 5426 5696 5980 Water Distribution/Production Technician 4476 4699 4932 5179 5438 Water Maintenance Mechanic Specialist 4922 5169 5426 5696 5980 Water System Trainee 3191 3338 3490 3650 3821 Water Treatment Plant Operator 5308 5574 5853 6145 6452 Water Treatment Plant Operator-In-Training 3872 4065 4269 4481 4705 Water Maintenance Mechanic Technician 4476 4699 4932 5179 5438 Water Quality Specialist 4922 5169 5426 5696 5980 Water Quality Technician 4476 4699 4932 5179 5438 Welder 4632 4863 5107 5363 5630 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 95 EXHIBIT II Salaries Effective June 19, 2023 CLASS TITLE A B C D E Airports Building Maintenance Technician 4085 4291 4505 4729 4965 Airports Operations Leadworker 4772 5010 5262 5525 5801 Airports Operations Specialist 4339 4554 4782 5021 5271 Automotive Parts Leadworker 4339 4554 4782 5021 5271 Automotive Parts Specialist 3942 4140 4345 4564 4791 Aviation Mechanic I 5293 5559 5833 6128 6433 Aviation Mechanic II 5823 6113 6418 6741 7076 Aviation Mechanic Leadworker 6405 6724 7060 7412 7784 Body & Fender Repairer 5293 5559 5833 6128 6433 Body & Fender Repairer Leadworker 5823 6113 6418 6741 7076 Body & Fender Repairer Trainee 4771 5009 5261 5524 5799 Brake & Front End Specialist 5823 6113 6418 6741 7076 Bus Air Conditioning Mechanic 5293 5559 5833 6128 6433 Bus Air Conditioning Mechanic Leadworker 5823 6113 6418 6741 7076 Bus Air Conditioning Mechanic Trainee 4771 5009 5261 5524 5799 Bus Equipment Attendant Leadworker 4339 4554 4782 5021 5271 Bus Mechanic I 4771 5009 5261 5524 5885 Bus Mechanic II 5293 5559 5833 6128 6433 Bus Mechanic Leadworker 5823 6113 6418 6741 7076 Collection System Maintenance Specialist 4826 5067 5320 5585 5864 Collection System Maintenance Technician 4388 4607 4837 5077 5332 Combination Welder 5293 5559 5833 6128 6433 Combination Welder Leadworker 5823 6113 6418 6741 7076 Communications Technician I 4745 4983 5230 5491 5766 Communications Technician II 5230 5491 5766 6054 6357 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 96 EXHIBIT II Salaries Effective June 19, 2023 CLASS TITLE A B C D E Cross Connection Control Specialist 5070 5325 5589 5867 6160 Custodian 3240 3402 3572 3749 3936 Electronic Equipment Installer 3849 4040 4243 4454 4678 Equipment Service Worker I 3942 4140 4345 4564 4791 Equipment Service Worker II 4339 4554 4782 5021 5271 Fire Equipment Mechanic I 4771 5009 5261 5524 5799 Fire Equipment Mechanic II 5293 5559 5833 6128 6433 Fire Equipment Mechanic Leadworker 5823 6113 6418 6741 7076 Graffiti Abatement Technician 3890 4084 4291 4505 4729 Heavy Equipment Mechanic I 4771 5009 5261 5524 5799 Heavy Equipment Mechanic II 5293 5559 5833 6128 6433 Heavy Equipment Mechanic Leadworker 5823 6113 6418 6741 7076 Heavy Equipment Operator 4923 5171 5428 5701 5983 Instrumentation Specialist 5574 5854 6147 6453 6775 Instrumentation Technician 5070 5325 5589 5867 6160 Irrigation Specialist 4282 4496 4720 4956 5202 Laborer 3287 3439 3595 3760 3936 Light Equipment Mechanic I 4771 5009 5261 5524 5799 Light Equipment Mechanic II 5293 5559 5833 6128 6433 Light Equipment Mechanic Leadworker 5823 6113 6418 6741 7076 Light Equipment Operator 4339 4554 4782 5021 5271 Locksmith 3968 4166 4373 4591 4821 Maintenance & Construction Worker 3942 4140 4345 4564 4791 Maintenance & Operations Assistant 3287 3439 3595 3760 3936 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 97 EXHIBIT II Salaries Effective June 19, 2023 CLASS TITLE A B C D E Maintenance Carpenter I 4367 4584 4814 5053 5305 Maintenance Carpenter II 4816 5057 5309 5573 5853 Park Equipment Mechanic I 3942 4140 4345 4564 4791 Park Equipment Mechanic II 4339 4554 4782 5021 5271 Park Equipment Mechanic Leadworker 4771 5009 5261 5524 5799 Parking Meter Attendant I 3563 3741 3930 4125 4332 Parking Meter Attendant II 3922 4117 4321 4538 4765 Parking Meter Attendant III 4312 4526 4753 4992 5239 Parks Maintenance Leadworker 4282 4496 4720 4956 5202 Parks Maintenance Worker I 3240 3402 3572 3749 3936 Parks Maintenance Worker II 3892 4085 4291 4505 4729 Power Generation Operator/Mechanic 5875 6166 6476 6797 7137 Property Maintenance Leadworker 4375 4592 4823 5065 5317 Property Maintenance Worker 4085 4291 4507 4730 4965 Roofer 3968 4165 4374 4591 4821 Sanitation Operator 4339 4554 4782 5021 5271 Senior Collection System Maintenance Specialist 5308 5572 5852 6143 6450 Senior Communications Technician 5770 6057 6361 6677 7012 Senior Custodian 3563 3741 3930 4125 4332 Senior Heavy Equipment Operator 6060 6363 6680 7015 7366 Senior Sanitation Operator 4923 5171 5428 5701 5983 Senior Wastewater Mechanical Specialist 5339 5607 5886 6182 6488 Senior Wastewater Treatment Plant Operator 6201 6513 6838 7179 7538 Senior Water Distribution/Production Operator 6201 6513 6838 7179 7538 Senior Water Treatment Plant Operator 6727 7063 7416 7788 8178 Solid Waste Safety & Training Specialist 4696 4925 5169 5420 5685 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 98 EXHIBIT II Salaries Effective June 19, 2023 CLASS TITLE A B C D E Street Maintenance Leadworker 4446 4666 4899 5145 5401 Street Sweeper Lead Operator 4771 5009 5261 5524 5799 Street Sweeper Operator 4339 4554 4782 5021 5271 Tire Maintenance & Repair Technician 4339 4554 4782 5021 5271 Tire Maintenance Worker 3942 4140 4345 4564 4791 Traffic Maintenance Leadworker 4446 4666 4899 5145 5401 Traffic Maintenance Worker I 3665 3849 4040 4243 4454 Traffic Maintenance Worker II 4031 4232 4445 4665 4897 Tree Trimmer Leadworker 4411 4630 4863 5107 5363 Utility Leadworker 4282 4496 4720 4956 5202 Waste Container Maintenance Worker 3563 3741 3930 4125 4332 Wastewater Distributor Technician 3989 4187 4398 4616 4847 Wastewater Mechanical Specialist 5070 5325 5589 5867 6160 Wastewater Mechanical Technician 4611 4840 5080 5335 5602 Wastewater Treatment Plant Operator-In- Training 3989 4187 4398 4616 4847 Wastewater Treatment Plant Specialist 5339 5607 5886 6182 6488 Wastewater Treatment Plant Technician 5070 5325 5589 5867 6160 Water Distribution/Production Specialist 5070 5325 5589 5867 6160 Water Distribution/Production Technician 4611 4840 5080 5335 5602 Water Maintenance Mechanic Specialist 5070 5325 5589 5867 6160 Water System Trainee 3287 3439 3595 3760 3936 Water Treatment Plant Operator 5468 5742 6029 6330 6646 Water Treatment Plant Operator-In-Training 3989 4187 4398 4616 4847 Water Maintenance Mechanic Technician 4611 4840 5080 5335 5602 Water Quality Specialist 5070 5325 5589 5867 6160 Water Quality Technician 4611 4840 5080 5335 5602 Welder 4771 5009 5261 5524 5799 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 99 EXHIBIT III Salaries Effective December 18, 2023 CLASS TITLE A B C D E Airports Building Maintenance Technician 4126 4334 4551 4777 5015 Airports Operations Leadworker 4820 5061 5315 5581 5860 Airports Operations Specialist 4383 4600 4830 5072 5324 Automotive Parts Leadworker 4383 4600 4830 5072 5324 Automotive Parts Specialist 3982 4182 4389 4610 4839 Aviation Mechanic I 5346 5615 5892 6190 6498 Aviation Mechanic II 5882 6175 6483 6809 7147 Aviation Mechanic Leadworker 6470 6792 7131 7487 7862 Body & Fender Repairer 5346 5615 5892 6190 6498 Body & Fender Repairer Leadworker 5882 6175 6483 6809 7147 Body & Fender Repairer Trainee 4819 5060 5314 5580 5857 Brake & Front End Specialist 5882 6175 6483 6809 7147 Bus Air Conditioning Mechanic 5346 5615 5892 6190 6498 Bus Air Conditioning Mechanic Leadworker 5882 6175 6483 6809 7147 Bus Air Conditioning Mechanic Trainee 4819 5060 5314 5580 5857 Bus Equipment Attendant Leadworker 4383 4600 4830 5072 5324 Bus Mechanic I 4819 5060 5314 5580 5944 Bus Mechanic II 5346 5615 5892 6190 6498 Bus Mechanic Leadworker 5882 6175 6483 6809 7147 Collection System Maintenance Specialist 4875 5118 5374 5641 5923 Collection System Maintenance Technician 4432 4654 4886 5128 5386 Combination Welder 5346 5615 5892 6190 6498 Combination Welder Leadworker 5882 6175 6483 6809 7147 Communications Technician I 4793 5033 5283 5546 5824 Communications Technician II 5283 5546 5824 6115 6421 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 100 EXHIBIT III Salaries Effective December 18, 2023 CLASS TITLE A B C D E Cross Connection Control Specialist 5121 5379 5645 5926 6222 Custodian 3273 3437 3608 3787 3976 Electronic Equipment Installer 3888 4081 4286 4499 4725 Equipment Service Worker I 3982 4182 4389 4610 4839 Equipment Service Worker II 4383 4600 4830 5072 5324 Fire Equipment Mechanic I 4819 5060 5314 5580 5857 Fire Equipment Mechanic II 5346 5615 5892 6190 6498 Fire Equipment Mechanic Leadworker 5882 6175 6483 6809 7147 Graffiti Abatement Technician 3929 4125 4334 4551 4777 Heavy Equipment Mechanic I 4819 5060 5314 5580 5857 Heavy Equipment Mechanic II 5346 5615 5892 6190 6498 Heavy Equipment Mechanic Leadworker 5882 6175 6483 6809 7147 Heavy Equipment Operator 4973 5223 5483 5759 6043 Instrumentation Specialist 5630 5913 6209 6518 6843 Instrumentation Technician 5121 5379 5645 5926 6222 Irrigation Specialist 4325 4541 4768 5006 5255 Laborer 3320 3474 3631 3798 3976 Light Equipment Mechanic I 4819 5060 5314 5580 5857 Light Equipment Mechanic II 5346 5615 5892 6190 6498 Light Equipment Mechanic Leadworker 5882 6175 6483 6809 7147 Light Equipment Operator 4383 4600 4830 5072 5324 Locksmith 4008 4208 4417 4637 4870 Maintenance & Construction Worker 3982 4182 4389 4610 4839 Maintenance & Operations Assistant 3320 3474 3631 3798 3976 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 101 EXHIBIT III Salaries Effective December 18, 2023 CLASS TITLE A B C D E Maintenance Carpenter I 4411 4630 4863 5104 5359 Maintenance Carpenter II 4865 5108 5363 5629 5912 Park Equipment Mechanic I 3982 4182 4389 4610 4839 Park Equipment Mechanic II 4383 4600 4830 5072 5324 Park Equipment Mechanic Leadworker 4819 5060 5314 5580 5857 Parking Meter Attendant I 3599 3779 3970 4167 4376 Parking Meter Attendant II 3962 4159 4365 4584 4813 Parking Meter Attendant III 4356 4572 4801 5042 5292 Parks Maintenance Leadworker 4325 4541 4768 5006 5255 Parks Maintenance Worker I 3273 3437 3608 3787 3976 Parks Maintenance Worker II 3931 4126 4334 4551 4777 Power Generation Operator/Mechanic 5934 6228 6541 6865 7209 Property Maintenance Leadworker 4419 4638 4872 5116 5371 Property Maintenance Worker 4126 4334 4553 4778 5015 Roofer 4008 4207 4418 4637 4870 Sanitation Operator 4383 4600 4830 5072 5324 Senior Collection System Maintenance Specialist 5362 5628 5911 6205 6515 Senior Communications Technician 5828 6118 6425 6744 7083 Senior Custodian 3599 3779 3970 4167 4376 Senior Heavy Equipment Operator 6121 6427 6747 7086 7440 Senior Sanitation Operator 4973 5223 5483 5759 6043 Senior Wastewater Mechanical Specialist 5393 5664 5945 6244 6553 Senior Wastewater Treatment Plant Operator 6264 6579 6907 7251 7614 Senior Water Distribution/Production Operator 6264 6579 6907 7251 7614 Senior Water Treatment Plant Operator 6795 7134 7491 7866 8260 Solid Waste Safety & Training Specialist 4743 4975 5221 5475 5742 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 102 EXHIBIT III Salaries Effective December 18, 2023 CLASS TITLE A B C D E Street Maintenance Leadworker 4491 4713 4948 5197 5456 Street Sweeper Lead Operator 4819 5060 5314 5580 5857 Street Sweeper Operator 4383 4600 4830 5072 5324 Tire Maintenance & Repair Technician 4383 4600 4830 5072 5324 Tire Maintenance Worker 3982 4182 4389 4610 4839 Traffic Maintenance Leadworker 4491 4713 4948 5197 5456 Traffic Maintenance Worker I 3702 3888 4081 4286 4499 Traffic Maintenance Worker II 4072 4275 4490 4712 4946 Tree Trimmer Leadworker 4456 4677 4912 5159 5417 Utility Leadworker 4325 4541 4768 5006 5255 Waste Container Maintenance Worker 3599 3779 3970 4167 4376 Wastewater Distributor Technician 4029 4229 4442 4663 4896 Wastewater Mechanical Specialist 5121 5379 5645 5926 6222 Wastewater Mechanical Technician 4658 4889 5131 5389 5659 Wastewater Treatment Plant Operator-In- Training 4029 4229 4442 4663 4896 Wastewater Treatment Plant Specialist 5393 5664 5945 6244 6553 Wastewater Treatment Plant Technician 5121 5379 5645 5926 6222 Water Distribution/Production Specialist 5121 5379 5645 5926 6222 Water Distribution/Production Technician 4658 4889 5131 5389 5659 Water Maintenance Mechanic Specialist 5121 5379 5645 5926 6222 Water System Trainee 3320 3474 3631 3798 3976 Water Treatment Plant Operator 5523 5800 6090 6394 6713 Water Treatment Plant Operator-In-Training 4029 4229 4442 4663 4896 Water Maintenance Mechanic Technician 4658 4889 5131 5389 5659 Water Quality Specialist 5121 5379 5645 5926 6222 Water Quality Technician 4658 4889 5131 5389 5659 Welder 4819 5060 5314 5580 5857 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 103 EXHIBIT IV Salaries Effective June 17, 2024 CLASS TITLE A B C D E Airports Building Maintenance Technician 4250 4465 4688 4921 5166 Airports Operations Leadworker 4965 5213 5475 5749 6036 Airports Operations Specialist 4515 4738 4975 5225 5484 Automotive Parts Leadworker 4515 4738 4975 5225 5484 Automotive Parts Specialist 4102 4308 4521 4749 4985 Aviation Mechanic I 5507 5784 6069 6376 6693 Aviation Mechanic II 6059 6361 6678 7014 7362 Aviation Mechanic Leadworker 6665 6996 7345 7712 8098 Body & Fender Repairer 5507 5784 6069 6376 6693 Body & Fender Repairer Leadworker 6059 6361 6678 7014 7362 Body & Fender Repairer Trainee 4964 5212 5474 5748 6033 Brake & Front End Specialist 6059 6361 6678 7014 7362 Bus Air Conditioning Mechanic 5507 5784 6069 6376 6693 Bus Air Conditioning Mechanic Leadworker 6059 6361 6678 7014 7362 Bus Air Conditioning Mechanic Trainee 4964 5212 5474 5748 6033 Bus Equipment Attendant Leadworker 4515 4738 4975 5225 5484 Bus Mechanic I 4964 5212 5474 5748 6123 Bus Mechanic II 5507 5784 6069 6376 6693 Bus Mechanic Leadworker 6059 6361 6678 7014 7362 Collection System Maintenance Specialist 5022 5272 5536 5811 6101 Collection System Maintenance Technician 4565 4794 5033 5282 5548 Combination Welder 5507 5784 6069 6376 6693 Combination Welder Leadworker 6059 6361 6678 7014 7362 Communications Technician I 4937 5184 5442 5713 5999 Communications Technician II 5442 5713 5999 6299 6614 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 104 EXHIBIT IV Salaries Effective June 17, 2024 CLASS TITLE A B C D E Cross Connection Control Specialist 5275 5541 5815 6104 6409 Custodian 3372 3541 3717 3901 4096 Electronic Equipment Installer 4005 4204 4415 4634 4867 Equipment Service Worker I 4102 4308 4521 4749 4985 Equipment Service Worker II 4515 4738 4975 5225 5484 Fire Equipment Mechanic I 4964 5212 5474 5748 6033 Fire Equipment Mechanic II 5507 5784 6069 6376 6693 Fire Equipment Mechanic Leadworker 6059 6361 6678 7014 7362 Graffiti Abatement Technician 4047 4249 4465 4688 4921 Heavy Equipment Mechanic I 4964 5212 5474 5748 6033 Heavy Equipment Mechanic II 5507 5784 6069 6376 6693 Heavy Equipment Mechanic Leadworker 6059 6361 6678 7014 7362 Heavy Equipment Operator 5123 5380 5648 5932 6225 Instrumentation Specialist 5799 6091 6396 6714 7049 Instrumentation Technician 5275 5541 5815 6104 6409 Irrigation Specialist 4455 4678 4912 5157 5413 Laborer 3420 3579 3740 3912 4096 Light Equipment Mechanic I 4964 5212 5474 5748 6033 Light Equipment Mechanic II 5507 5784 6069 6376 6693 Light Equipment Mechanic Leadworker 6059 6361 6678 7014 7362 Light Equipment Operator 4515 4738 4975 5225 5484 Locksmith 4129 4335 4550 4777 5017 Maintenance & Construction Worker 4102 4308 4521 4749 4985 Maintenance & Operations Assistant 3420 3579 3740 3912 4096 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 105 EXHIBIT IV Salaries Effective June 17, 2024 CLASS TITLE A B C D E Maintenance Carpenter I 4544 4769 5009 5258 5520 Maintenance Carpenter II 5011 5262 5524 5798 6090 Park Equipment Mechanic I 4102 4308 4521 4749 4985 Park Equipment Mechanic II 4515 4738 4975 5225 5484 Park Equipment Mechanic Leadworker 4964 5212 5474 5748 6033 Parking Meter Attendant I 3707 3893 4090 4293 4508 Parking Meter Attendant II 4081 4284 4496 4722 4958 Parking Meter Attendant III 4487 4710 4946 5194 5451 Parks Maintenance Leadworker 4455 4678 4912 5157 5413 Parks Maintenance Worker I 3372 3541 3717 3901 4096 Parks Maintenance Worker II 4049 4250 4465 4688 4921 Power Generation Operator/Mechanic 6113 6415 6738 7071 7426 Property Maintenance Leadworker 4552 4778 5019 5270 5533 Property Maintenance Worker 4250 4465 4690 4922 5166 Roofer 4129 4334 4551 4777 5017 Sanitation Operator 4515 4738 4975 5225 5484 Senior Collection System Maintenance Specialist 5523 5797 6089 6392 6711 Senior Communications Technician 6003 6302 6618 6947 7296 Senior Custodian 3707 3893 4090 4293 4508 Senior Heavy Equipment Operator 6305 6620 6950 7299 7664 Senior Sanitation Operator 5123 5380 5648 5932 6225 Senior Wastewater Mechanical Specialist 5555 5834 6124 6432 6750 Senior Wastewater Treatment Plant Operator 6452 6777 7115 7469 7843 Senior Water Distribution/Production Operator 6452 6777 7115 7469 7843 Senior Water Treatment Plant Operator 6999 7349 7716 8102 8508 Solid Waste Safety & Training Specialist 4886 5125 5378 5640 5915 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 106 EXHIBIT IV Salaries Effective June 17, 2024 CLASS TITLE A B C D E Street Maintenance Leadworker 4626 4855 5097 5353 5620 Street Sweeper Lead Operator 4964 5212 5474 5748 6033 Street Sweeper Operator 4515 4738 4975 5225 5484 Tire Maintenance & Repair Technician 4515 4738 4975 5225 5484 Tire Maintenance Worker 4102 4308 4521 4749 4985 Traffic Maintenance Leadworker 4626 4855 5097 5353 5620 Traffic Maintenance Worker I 3814 4005 4204 4415 4634 Traffic Maintenance Worker II 4195 4404 4625 4854 5095 Tree Trimmer Leadworker 4590 4818 5060 5314 5580 Utility Leadworker 4455 4678 4912 5157 5413 Waste Container Maintenance Worker 3707 3893 4090 4293 4508 Wastewater Distributor Technician 4150 4356 4576 4803 5043 Wastewater Mechanical Specialist 5275 5541 5815 6104 6409 Wastewater Mechanical Technician 4798 5036 5285 5551 5829 Wastewater Treatment Plant Operator-In- Training 4150 4356 4576 4803 5043 Wastewater Treatment Plant Specialist 5555 5834 6124 6432 6750 Wastewater Treatment Plant Technician 5275 5541 5815 6104 6409 Water Distribution/Production Specialist 5275 5541 5815 6104 6409 Water Distribution/Production Technician 4798 5036 5285 5551 5829 Water Maintenance Mechanic Specialist 5275 5541 5815 6104 6409 Water System Trainee 3420 3579 3740 3912 4096 Water Treatment Plant Operator 5689 5974 6273 6586 6915 Water Treatment Plant Operator-In-Training 4150 4356 4576 4803 5043 Water Maintenance Mechanic Technician 4798 5036 5285 5551 5829 Water Quality Specialist 5275 5541 5815 6104 6409 Water Quality Technician 4798 5036 5285 5551 5829 Welder 4964 5212 5474 5748 6033 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 107 EXHIBIT V Salaries Effective December 30, 2024 CLASS TITLE A B C D E Airports Building Maintenance Technician 4335 4555 4782 5020 5270 Airports Operations Leadworker 5065 5318 5585 5864 6157 Airports Operations Specialist 4606 4833 5075 5330 5594 Automotive Parts Leadworker 4606 4833 5075 5330 5594 Automotive Parts Specialist 4185 4395 4612 4844 5085 Aviation Mechanic I 5618 5900 6191 6504 6827 Aviation Mechanic II 6181 6489 6812 7155 7510 Aviation Mechanic Leadworker 6799 7136 7492 7867 8260 Body & Fender Repairer 5618 5900 6191 6504 6827 Body & Fender Repairer Leadworker 6181 6489 6812 7155 7510 Body & Fender Repairer Trainee 5064 5317 5584 5863 6154 Brake & Front End Specialist 6181 6489 6812 7155 7510 Bus Air Conditioning Mechanic 5618 5900 6191 6504 6827 Bus Air Conditioning Mechanic Leadworker 6181 6489 6812 7155 7510 Bus Air Conditioning Mechanic Trainee 5064 5317 5584 5863 6154 Bus Equipment Attendant Leadworker 4606 4833 5075 5330 5594 Bus Mechanic I 5064 5317 5584 5863 6246 Bus Mechanic II 5618 5900 6191 6504 6827 Bus Mechanic Leadworker 6181 6489 6812 7155 7510 Collection System Maintenance Specialist 5123 5378 5647 5928 6224 Collection System Maintenance Technician 4657 4890 5134 5388 5659 Combination Welder 5618 5900 6191 6504 6827 Combination Welder Leadworker 6181 6489 6812 7155 7510 Communications Technician I 5036 5288 5551 5828 6119 Communications Technician II 5551 5828 6119 6425 6747 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 108 EXHIBIT V Salaries Effective December 30, 2024 CLASS TITLE A B C D E Cross Connection Control Specialist 5381 5652 5932 6227 6538 Custodian 3440 3612 3792 3980 4178 Electronic Equipment Installer 4086 4289 4504 4727 4965 Equipment Service Worker I 4185 4395 4612 4844 5085 Equipment Service Worker II 4606 4833 5075 5330 5594 Fire Equipment Mechanic I 5064 5317 5584 5863 6154 Fire Equipment Mechanic II 5618 5900 6191 6504 6827 Fire Equipment Mechanic Leadworker 6181 6489 6812 7155 7510 Graffiti Abatement Technician 4128 4334 4555 4782 5020 Heavy Equipment Mechanic I 5064 5317 5584 5863 6154 Heavy Equipment Mechanic II 5618 5900 6191 6504 6827 Heavy Equipment Mechanic Leadworker 6181 6489 6812 7155 7510 Heavy Equipment Operator 5226 5488 5761 6051 6350 Instrumentation Specialist 5915 6213 6524 6849 7190 Instrumentation Technician 5381 5652 5932 6227 6538 Irrigation Specialist 4545 4772 5011 5261 5522 Laborer 3489 3651 3815 3991 4178 Light Equipment Mechanic I 5064 5317 5584 5863 6154 Light Equipment Mechanic II 5618 5900 6191 6504 6827 Light Equipment Mechanic Leadworker 6181 6489 6812 7155 7510 Light Equipment Operator 4606 4833 5075 5330 5594 Locksmith 4212 4422 4641 4873 5118 Maintenance & Construction Worker 4185 4395 4612 4844 5085 Maintenance & Operations Assistant 3489 3651 3815 3991 4178 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 109 EXHIBIT V Salaries Effective December 30, 2024 CLASS TITLE A B C D E Maintenance Carpenter I 4635 4865 5110 5364 5631 Maintenance Carpenter II 5112 5368 5635 5914 6212 Park Equipment Mechanic I 4185 4395 4612 4844 5085 Park Equipment Mechanic II 4606 4833 5075 5330 5594 Park Equipment Mechanic Leadworker 5064 5317 5584 5863 6154 Parking Meter Attendant I 3782 3971 4172 4379 4599 Parking Meter Attendant II 4163 4370 4586 4817 5058 Parking Meter Attendant III 4577 4805 5045 5298 5561 Parks Maintenance Leadworker 4545 4772 5011 5261 5522 Parks Maintenance Worker I 3440 3612 3792 3980 4178 Parks Maintenance Worker II 4130 4335 4555 4782 5020 Power Generation Operator/Mechanic 6236 6544 6873 7213 7575 Property Maintenance Leadworker 4644 4874 5120 5376 5644 Property Maintenance Worker 4335 4555 4784 5021 5270 Roofer 4212 4421 4643 4873 5118 Sanitation Operator 4606 4833 5075 5330 5594 Senior Collection System Maintenance Specialist 5634 5913 6211 6520 6846 Senior Communications Technician 6124 6429 6751 7086 7442 Senior Custodian 3782 3971 4172 4379 4599 Senior Heavy Equipment Operator 6432 6753 7089 7445 7818 Senior Sanitation Operator 5226 5488 5761 6051 6350 Senior Wastewater Mechanical Specialist 5667 5951 6247 6561 6885 Senior Wastewater Treatment Plant Operator 6582 6913 7258 7619 8000 Senior Water Distribution/Production Operator 6582 6913 7258 7619 8000 Senior Water Treatment Plant Operator 7139 7496 7871 8265 8679 Solid Waste Safety & Training Specialist 4984 5228 5486 5753 6034 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 110 EXHIBIT V Salaries Effective December 30, 2024 CLASS TITLE A B C D E Street Maintenance Leadworker 4719 4953 5199 5461 5733 Street Sweeper Lead Operator 5064 5317 5584 5863 6154 Street Sweeper Operator 4606 4833 5075 5330 5594 Tire Maintenance & Repair Technician 4606 4833 5075 5330 5594 Tire Maintenance Worker 4185 4395 4612 4844 5085 Traffic Maintenance Leadworker 4719 4953 5199 5461 5733 Traffic Maintenance Worker I 3891 4086 4289 4504 4727 Traffic Maintenance Worker II 4279 4493 4718 4952 5197 Tree Trimmer Leadworker 4682 4915 5162 5421 5692 Utility Leadworker 4545 4772 5011 5261 5522 Waste Container Maintenance Worker 3782 3971 4172 4379 4599 Wastewater Distributor Technician 4233 4444 4668 4900 5144 Wastewater Mechanical Specialist 5381 5652 5932 6227 6538 Wastewater Mechanical Technician 4894 5137 5391 5663 5946 Wastewater Treatment Plant Operator-In- Training 4233 4444 4668 4900 5144 Wastewater Treatment Plant Specialist 5667 5951 6247 6561 6885 Wastewater Treatment Plant Technician 5381 5652 5932 6227 6538 Water Distribution/Production Specialist 5381 5652 5932 6227 6538 Water Distribution/Production Technician 4894 5137 5391 5663 5946 Water Maintenance Mechanic Specialist 5381 5652 5932 6227 6538 Water System Trainee 3489 3651 3815 3991 4178 Water Treatment Plant Operator 5803 6094 6399 6718 7054 Water Treatment Plant Operator-In-Training 4233 4444 4668 4900 5144 Water Maintenance Mechanic Technician 4894 5137 5391 5663 5946 Water Quality Specialist 5381 5652 5932 6227 6538 Water Quality Technician 4894 5137 5391 5663 5946 Welder 5064 5317 5584 5863 6154 Attendance Policy – Unit 1, Represented by Local 39 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 111 Page 1 of 5 Attendance Policy – Unit 1, Represented by Local 39 PURPOSE Purpose To establish an attendance policy for employees in Unit 1, represented by Local 39. POLICY & PROCEDURES Policy & Procedures 1. This policy is to be construed on a rolling 12-month period following the effective date. A primary requirement for continued employment is regular attendance. While the City recognizes some absences may be unavoidable, City departments and the employees have an obligation to the public that demands regular and prompt attendance. 2. Although it is recognized that excessive absenteeism is a proper reason for corrective/disciplinary action, up to and including termination of employment, it is the policy of the City to identify problem areas by keeping proper records, exploring avenues of available assistance, and encouraging compliance with attendance standards. 3. This attendance policy was developed to establish uniform guidelines to further efforts to provide service to the public, and is designed to be a no-fault program. The pervasive problems stemming from inordinate absences are the focus of this policy, not the nature of the absences. 4. Authorized leaves (i.e., union business, bereavement leave, disciplinary suspensions, approved leaves of absence, and hearing and court appearances by subpoena) and statutorily protected leaves (e.g., Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), military leave, workers’ compensation leave, and Protected Sick Leave are outside the scope of this attendance policy and shall not be considered an incident. 5. In the event of a serious illness or injury to the employee requiring the employee’s absence during a future period of time, or a serious illness or injury to the employee’s spouse, dependent minor children, or parents requiring the employee’s absence during a future period of time, the applicable City department, the employee and the Union may agree to a plan for the employee’s absence(s) over a specified period of time. If such plan is agreed upon, absences under such plan shall not be subject to this policy. 6. Employees who are eligible to use Sick Leave for an absence may use other available leave once Sick Leave is exhausted. Attendance Policy – Unit 1, Represented by Local 39 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 112 Page 2 of 5 DEFINITIONS AND RULES - SECTION I: 1. Absences Excluding the authorized and statutorily protected leaves discussed above, aAn absence or absenteeism is defined as any failure to show up for report to or remain at work as scheduled regardless of the reason. Any employee, who fails to show up for work or remain at work as scheduled, will be charged with an incident of absence under this policy. (a) Authorized leaves (i.e., scheduled leave time prearranged, and approved) shall not be considered an incident. (ab) A day or days of continuous absence due to illness shall be considered one incident. (bc) Employees who are absent for an indefinite period due to illness or injury must keep inform their supervisor informed as to the status of their absence, including specifying any tentative return date if requested by their supervisor or designee of their absence at the onset of the absence prior to the start of their scheduled shift in accordance with subsection (e) below, and inform their supervisor of their anticipated return date. The employee will not be required to call in daily from the onset of their absence until their anticipated return date. An employee may be required to provide a medical professional’s verification to return to work after the use of greater than forty (40) hours of consecutive leave used for the absence in a seven (7) calendar day period. An employee on extended leave for any reason may be contacted by the applicable City department to schedule a return-to-work evaluation before returning to work. (c) Any employee who is absent from work will be charged with an incident under this policy with exception to authorized leaves and statutorily protected leaves pursuant to Policy & Procedures subsection 4 above. (d) Any employee who fails to remain at work as scheduled will be charged with an incident of absence under this policy with exception to authorized leaves and statutorily protected leaves pursuant to Policy & Procedures subsection 4 above. (e) Employees who are unable to report to work must notify their manager or designee in advance of their scheduled start time. Employees who fail to provide advanced notification of an absence may be subject to corrective/disciplinary action. This provision shall not preclude any department or division from establishing policies or procedures regarding employee notification of an absence or tardy including, but not limited to, the Attendance Policy – Unit 1, Represented by Local 39 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 113 Page 3 of 5 time in which employees must provide advanced notification, subject to meet and confer with Labor Relations and the Union. (f) Any employee who does not report to work and does not notify their manager or designee of the absence will be considered absent without leave and may be subject to disciplinary action as provided in the applicable provisions of the Fresno Municipal Code, as the same may be amended from time-to-time. (g) These provisions shall not preclude any department or division from establishing policies or procedures regarding absences, including, but not limited to the time in which employees must provide advanced notification, subject to meet and confer with Labor Relations and the Union. 2. Tardies An employee is tardy if they report to work after their scheduled start time. Departments and/or divisions may establish policies or procedures which provide specific guidance on the timing which constitutes a tardy based on operational need. Grace periods or report to work time ranges are at the discretion of management. (a) Excessive tardiness is defined as three (3) or more tardies during one (1) calendar month. (b) Employees who accrue three (3) tardies during one (1) calendar month shall receive one (1) incident. Employee’s shall receive one (1) incident for each subsequent tardy during the calendar month. (c) Employees who are going to be tardy must notify their manager or designee that they will be tardy in advance of their scheduled start time and provide the time they anticipate they will report to work. Employees who fail to provide advanced notification of a tardy may be subject to corrective/disciplinary action. (d) Employees who are tardy and report to work by their anticipated report time will receive one (1) tardy. Employees who do not report to work by their anticipated report time will receive a second tardy. (e) The City reserves the right to require an employee to report to work for the balance of the day on which tardiness occurs. Failure by the employee to report to or remain at work for the balance of the day as directed by a supervisor may be cause for disciplinary action. (f) Employees may use applicable leave balances or Leave Without Pay to cover work time missed due to the tardy. Attendance Policy – Unit 1, Represented by Local 39 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 114 Page 4 of 5 (g) These provisions shall not preclude any department or division from establishing policies or procedures regarding tardies that are not addressed in these provisions, including, but not limited to the time in which employees must provide advanced notification, subject to meet and confer with Labor Relations and the Union. 2. Employees who call in advance to give notice they will be late, and report to work within one (1) hour will be charged with a tardy. However, failure to report to work within one (1) hour after their scheduled start time will result in the issuance of a second tardy. Two (2) tardies in any rolling 12-month period shall be equal to one (1) incident. 3. The City reserves the right to require an employee to report to work for the balance of the day on which tardiness occurs. Failure by the employee to report to or remain at work for the balance of the day as directed by a supervisor may be cause for disciplinary action. 4. Any employee who does not report to work in person or by telephone will be considered absent without leave, and subject to disciplinary action as provided in the applicable provisions of the Fresno Municipal Code, as the same may be amended from time-to-time. 5. Employees who are tardy, and employees who are otherwise eligible to use sick leave for an absence but have insufficient sick leave to cover the absence, will be charged leave without pay. Employees who are absent for an approved FMLA/CFRA qualified event who have no sick leave may use other leave balances. Attendance Policy – Unit 1, Represented by Local 39 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 - REDLINE Page 115 Page 5 of 5 CORRECTIVE/DISCIPLINE ACTIONS - SECTION II: 1. Excessive absenteeism by an employee shall subject said employee(s) to corrective/disciplinary action. Excessive absenteeism for purposes of this policy shall be defined as four (4) or more occurrences (i.e., incident) of absence within any consecutive 12-month period beginning with the effective date of this policy. The 12-month period referred to in this policy shall mean a “rolling” 12-month period. 2. The corrective/disciplinary actions under this policy are noted in the table below. Incident Level 4th Verbal Warning 5th Letter of Understanding 6th Written Reprimand 7th 2 Working Days Suspension 8th 5 Working Days Suspension 9th 10 Working Days Suspension 10th Termination The City reserves the right to deviate from this table of progressive corrective/disciplinary actions under mitigating circumstances as approved by the appointing authority, or when there is a pattern of excessive absenteeism indicating abuse of time off. An example of a mitigating circumstance is a case where an employee with an otherwise exemplary prior history of good attendance (three [3] to five [5] years) experiences an unexpected problem, which causes inordinate temporary absenteeism. 3. An employee who has no additional incidents for 90 calendar days after receipt of an incident shall have their number of incidents reduced by one (1). The employee must have no additional incidents for an additional 30 calendar days before an additional incident is removed. If an employee receives an incident before an additional 30 calendar days has passed, then no incident will be removed until 90 calendar days after the last incident. The incident to be removed shall be the oldest in the rolling 12-month review period. BETWEEN AND FOR THE CITY OF FRESNO AND INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS, LOCAL 39 (Non-Supervisory Blue Collar - Unit 1) January 2, 2023 – June 15, 2025 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page i TABLE OF CONTENTS Page ARTICLE I ....................................................................................................................... 1 PREAMBLE ..................................................................................................................... 1 A. PURPOSE ................................................................................................. 1 B. DEFINITIONS ............................................................................................ 1 C. GOVERNING LAWS .................................................................................. 1 ARTICLE II ...................................................................................................................... 2 EMPLOYEE RIGHTS ...................................................................................................... 2 A. NONDISCRIMINATION ............................................................................. 2 B. REPRESENTATION RIGHTS ................................................................... 2 ARTICLE III ..................................................................................................................... 3 CITY RIGHTS ................................................................................................................. 3 A. GENERAL .................................................................................................. 3 ARTICLE IV ..................................................................................................................... 4 RECOGNITION ............................................................................................................... 4 A. UNIT RECOGNITION ................................................................................ 4 B. RECOGNITION OF UNIT DESCRIPTION ................................................. 4 C. AUTHORIZED AGENTS ............................................................................ 4 D. RECOGNITION OF MUTUAL OBLIGATION ............................................. 5 E. LOCKOUT AND STRIKE ........................................................................... 5 F. EXCHANGE OF INFORMATION ............................................................... 5 G. UNION BULLETIN BOARDS ..................................................................... 5 H. NOTICE FOR REQUEST OF LEAVE TO ATTEND MEET AND CONFER SESSIONS ............................................................................... 6 I. ACCESS TO CITY FACILITIES ................................................................. 6 J. NEW EMPLOYEE ORIENTATION ............................................................ 6 K. BY-LAWS ................................................................................................... 6 ARTICLE V ...................................................................................................................... 7 SCOPE OF REPRESENTATION AND GRIEVANCES ................................................... 7 A. GENERAL .................................................................................................. 7 B. GRIEVANCES ........................................................................................... 7 C. USE OF HEARING OFFICER IN DISCIPLINARY ACTIONS INITIATED BY CITY................................................................................. 11 ARTICLE VI ................................................................................................................... 12 DUES DEDUCTION ...................................................................................................... 12 A. GENERAL ................................................................................................ 12 B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION CARD ......... 12 C. DUES DEDUCTION................................................................................. 12 ARTICLE VII .................................................................................................................. 13 COMPENSATION AND BENEFITS .............................................................................. 13 A. GENERAL ................................................................................................ 13 B. SALARIES/PENSION .............................................................................. 13 D. OVERTIME .............................................................................................. 15 E. COMPENSATORY TIME OFF (CTO) ...................................................... 19 F. PREMIUM PAY ........................................................................................ 20 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page ii 1. P.M. Hours Premium Pay ........................................................ 20 2. Height Work ............................................................................ 20 3. Standby Pay ............................................................................ 20 4. Permit-Required Confined Space Pay .................................... 24 5. Code Enforcement/Abatement Team and Solid Waste/Homeless Assistance Response Team (HART) * * * ...... 25 6. Certificates .............................................................................. 25 a. Body and Fender ........................................................... 25 b. Mechanic ....................................................................... 25 c. Bus Air Conditioning Mechanic ..................................... 26 d. Aviation Mechanic ......................................................... 27 e. Automotive Parts Specialist/Leadworker ....................... 27 f. Fire Equipment Mechanics ............................................ 27 g. Equipment Service Worker IIs ....................................... 27 h. Underground Storage Tank (UST) Operator Certificate ...................................................................... 27 i. Instrumentation Specialist ............................................. 28 j. Collection System Maintenance * * * Technician/Specialist .................................................. 28 k. Traffic Maintenance ....................................................... 28 l. Wastewater Mechanical Series ..................................... 29 m. Wastewater Treatment Plant ......................................... 29 n. Water Treatment Operator & Water Distribution Operator Certificates ..................................................... 30 o. Power Generation Operator/Mechanic (PGOM) ........ 31 p. Crane Operator ............................................................. 31 q. Commercial Driver’s License ......................................... 31 r. Hazardous Materials Endorsement ............................... 31 s. Backflow Prevention Assembly Tester Certificate ......... 32 7. Camp Fresno Meals ................................................................ 32 8. Temporary Assignment To Perform Duties Of Absent Employees (Acting Pay) .......................................................... 32 9. Temporary Assignment Pay .................................................... 35 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page iii 10. Bilingual Certification Program .............................................. 36 G. HEALTH AND WELFARE ........................................................................ 37 1. Health Insurance - City Health Plan - Employee Options .............. 37 2. Other Insurance Contribution (Opt Out Benefit) ............................ 37 H. LEAVES ................................................................................................... 38 1. Holidays .................................................................................. 38 2. Sick Leave............................................................................... 40 3. Supplemental Sick Leave ..................................................... 42 4. Vacation Leave ....................................................................... 43 5. Fatigue .................................................................................... 43 I. STATE DISABILITY INSURANCE (SDI)/PAID FAMILY LEAVE (PFL) ... 44 J. HEALTH REIMBURSEMENT ARRANGEMENT (HRA)........................... 46 K. UNIFORMS, SAFETY SHOES, AND PRESCRIPTION SAFETY GLASSES ................................................................................................ 47 L. PARKING RATES .................................................................................... 48 M. WORKERS’ COMPENSATION ............................................................... 48 N. HOURS OF WORK AND SCHEDULES .................................................. 49 1. General ......................................................................................... 49 2. Daylight Savings Hours ................................................................. 50 3. Alternate Work Schedules ............................................................. 50 O. PERSONNEL MATTERS ......................................................................... 51 1. Personnel Files ....................................................................... 51 2. Employee Performance Evaluations ....................................... 52 3. Transfer Requests ................................................................... 52 4. Flexible Staffing ....................................................................... 52 5. Suspension of Competition ..................................................... 53 6. Layoffs .................................................................................... 53 7. Seniority .................................................................................. 56 8. In Lieu Suspension for Disciplinary Action .............................. 57 9. Labor-Management Committees (LMC’s) ............................... 57 10. Contracting Out ..................................................................... 58 11. Americans with Disabilities Act (ADA), Family Medical Leave Act, California Family Rights Act (CFRA), Occupational .......... Safety and Health Act (OSHA/Cal OSHA) and Workplace ....... Violence ................................................................................ 59 12. Probationary Period ............................................................... 59 P. JURY DUTY AND COURT APPEARANCES ........................................... 59 1. Jury Duty ................................................................................. 59 2. Court Appearances ................................................................. 60 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page iv Q. SPECIAL RULES FOR THE SOLID WASTE MANAGEMENT DIVISION 61 1. Residential Solid Waste Work ................................................. 61 2. Routes and Quality Control ..................................................... 62 3. Vacation Selection .................................................................. 62 4. Route Assignment Selection ................................................... 62 R. WASTEWATER MANAGEMENT DIVISION ............................................ 64 S. CLASSIFICATION AND COMPENSATION STUDY ............................... 66 ARTICLE VIII ................................................................................................................. 67 FEDERAL DRUG POLICY ............................................................................................ 67 (FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT) .................. 67 ARTICLE IX ................................................................................................................... 69 HEADINGS, SAVING CLAUSE AND FULL UNDERSTANDING .................................. 69 A. HEADINGS .............................................................................................. 69 B. SAVING CLAUSE .................................................................................... 69 C. FULL UNDERSTANDING ........................................................................ 69 ARTICLE X .................................................................................................................... 70 TERMINATION ............................................................................................................. 70 EXHIBITS ...................................................................................................................... 72 Attendance Policy – Unit 1, Represented by Local 39 .................................................. 92 LEGEND * * * = deleted old language [§ deleted] = section/subsection deleted [§§ deleted] = two or more sections/ subsections deleted bold type = new language MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 1 ARTICLE I PREAMBLE A. PURPOSE This Memorandum of Understanding and/or Collective Bargaining Agreement, hereinafter referred to as (“Agreement”) or (“MOU”), entered into by and between the City of Fresno, hereinafter referred to as (“the City”), and the International Union of Operating Engineers, Stationary Engineers Local 39, hereinafter referred to as (“the Union”), has as its purpose: the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other terms and conditions of employment, and the rendering of more efficient, progressive service to the public. Any provisions in this MOU which are new or modified from the terms of the previous MOU are effective * * * beginning the term of this MOU unless otherwise stated in this MOU. B. DEFINITIONS Unless the particular provision or the context otherwise requires, and, except to the extent that a particular word or phrase is otherwise specifically defined in this Agreement, the definitions and provisions contained in of Chapter 3, Sections 3- 101, 3-201, 3-202, 3-501, and 3-601 of the Fresno Municipal Code, hereinafter FMC, shall govern the construction, meaning, and application of words and phrases used herein. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be. C. GOVERNING LAWS The legal relationship between the City and its employees, and the City and the Union is governed by Government Code Section 3500 et seq. (commonly known as the Meyers-Milias-Brown Act), and Article 6 of Chapter 3 of the FMC, as may be amended from time to time. In the event of any conflict between said laws and this Agreement, said laws shall govern. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 2 ARTICLE II EMPLOYEE RIGHTS A. NONDISCRIMINATION The provisions of this Agreement shall apply equally to and be exercised by all employees consistent with state and federal nondiscrimination statutes and in City policies. B. REPRESENTATION RIGHTS The Union and the City agree that all employees in the Non-Supervisory Blue Collar Unit are guaranteed their rights as described in the Meyers-Milias-Brown Act. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 3 ARTICLE III CITY RIGHTS A. GENERAL 1. It is understood and agreed that the City of Fresno reserves and retains all its inherent managerial rights, powers, functions and authorities. The exclusive rights of the City include, but are not limited to, the right to: a. determine the mission of its constituent departments, divisions, commissions, and boards; b. set standards of service and municipal fees and charges; c. determine the procedures and standards of selection for employment, assignment, transfer, and promotion; d. direct its employees; e. take disciplinary action; f. relieve its employees from duty because of lack of work or for other legitimate reasons; g. maintain the efficiency of governmental operations; h. determine the methods, means, and personnel by which government operations are to be conducted; I. determine the content of job classifications; j. take all necessary actions to carry out its mission in emergencies; k. exercise complete control and discretion over its organization and the technology of performing its work. 2. Nothing in this Agreement shall be construed as delegating to others the authority conferred by law on the City, or in any way abridging or reducing such authority. 3. All City rights formerly or presently claimed by or vested in the City on the effective date of this Agreement, even though not specifically set forth in Section A above, are retained by the City unless clearly and explicitly modified or restricted in this Agreement; provided, that notwithstanding any provisions of this Agreement, no City right shall be deemed waived, modified, or restricted unless such waiver, modification or restriction is explicitly and specifically approved by the Council. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 4 ARTICLE IV RECOGNITION A. UNIT RECOGNITION 1. The City acknowledges the Union as the recognized employee organization representing the Unit, and therefore, the parties agree * * * to meet and confer in good faith promptly upon request by * * * either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to make every reasonable effort to reach agreement on a successor Agreement at least one week prior to the last regular Council meeting at which the City budget must be adopted for the ensuing fiscal year. In order that the meet and confer process may include adequate time for full consideration of the proposals of both parties and for resolution of any impasse, the City shall accept proposals from the Union as early as * * * five (5) months prior to expiration of the MOU. 2. There shall be no more than one revocation of representation election during the term of this Agreement. B. RECOGNITION OF UNIT DESCRIPTION The Non-Supervisory Blue Collar Unit consists of all employees holding a permanent full-time position, as defined in FMC Section 3-202 (p) (4), in one of the classes listed in Exhibit 1 of any current salary resolution, or in such other class as may be added to the Unit in the manner designated in the FMC. C. AUTHORIZED AGENTS For purposes of administering the terms and provisions of this Agreement: 1. The City’s principal authorized agent shall be the City Manager or duly authorized representative as provided for under FMC Section 3-615 (address: 2600 Fresno Street, Fresno, California 93721). 2. The Unit’s principal authorized agent shall be the Business Manager of Local 39 or duly authorized representative (address: 337 Valencia Street, San Francisco, California 94103; telephone: (415) 861-1135). Local 39 recognizes FMC Section 3-615 and pursuant to such, agrees to meet and confer in good faith promptly upon reasonable request by the City and to continue every reasonable effort to reach agreement on matters within the scope of representation. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 5 D. RECOGNITION OF MUTUAL OBLIGATION The Union and the City recognize and acknowledge their mutual obligation and responsibility to effectuate the purposes set forth herein, and to adhere in good faith to the terms and conditions set forth in this Agreement. E. LOCKOUT AND STRIKE 1. No lockout of employees shall be instituted by the City during the term of this Agreement. 2. No unlawful strikes or work stoppages by City employees, as defined in Section 3-624 of the FMC, or applicable State bargaining laws, shall be caused, instigated, encouraged, condoned, participated in, or honored by the Union or its members during the term of this Agreement. 3. During the term of this Agreement, the Union will not condone or support so-called “sympathy strikes” where a strike or work stoppage is declared by another Union.” F. EXCHANGE OF INFORMATION Union Stewards - A written list of the Officers of Union and the Union Stewards with the specific areas they represent shall be furnished to the City immediately after their designation and the Union shall notify the City promptly in writing of any changes of such Union Officers or Stewards. City Information - On a regular basis, the City shall provide to the Union a copy of amendments to the Administrative Orders * * *, new and amended salary resolutions, new and amended position authorization resolutions, job bulletins for classes in this Unit, and copies of new and revised class specifications prior to promulgation, of which such class specification copies shall serve as notice to the Union relative to effects bargaining. G. UNION BULLETIN BOARDS The Union may use bulletin boards designated by the City to post materials related to Union business (political advertisements shall not be considered Union material). Any materials posted must be dated, initialed by the Union representative responsible for the posting, and a copy of all materials posted must be distributed to the department head or designee at the time of posting. The Union agrees that nothing libelous, obscene, defamatory, or of a partisan political nature shall be posted. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 6 H. NOTICE FOR REQUEST OF LEAVE TO ATTEND MEET AND CONFER SESSIONS The Union shall provide the City not less than two (2) days prior notice when requesting leave with or without pay to attend meet and confer sessions. When two days’ notice cannot be provided, notice shall be provided as soon as possible. This Section shall not be interpreted to require the City to grant any such leave, but instead is intended to provide prior notice of requests for leave, so that the City may attempt to allow such leave with a minimum of interruption of schedules and operations. I. ACCESS TO CITY FACILITIES Access to City facilities shall be governed by the provisions of FMC 3-622, as the same may be amended from time to time. J. NEW EMPLOYEE ORIENTATION The Personnel Services Department (PSD) provides a new employee orientation program to all new City employees (i.e., NEO). PSD will notify the Union at least ten (10) calendar days’ in advance of a scheduled NEO, and at the end of the work week immediately preceding the NEO if the NEO will include any individuals who will be represented by the Union, unless the City is unable to reasonably do so because of an unforeseeable urgent need critical to City operations. A representative selected by the Union will be invited to the NEO meeting room immediately prior to a session to be conducted by the bargaining unit and will be introduced by a City staff member. The Union will be provided an opportunity to meet with new bargaining unit members * * * during the NEO. The session will be scheduled for thirty (30) minutes. This session will not be held if there are no new bargaining unit members attending the NEO or if the Union representative is not available. K. BY-LAWS The Union will provide a copy of its By-Laws to the Labor Relations Division. An updated copy of the By-Laws will be provided to Labor Relations whenever the By- Laws are revised. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 7 ARTICLE V SCOPE OF REPRESENTATION AND GRIEVANCES A. GENERAL 1. "Scope of Representation" means all matters relating to employer- employee relations, including, but not limited to wages, hours, and other terms and conditions of employment. Employee rights, as set forth in FMC Section 3-604, and City rights, as set forth in FMC Section 3-605, are excluded from the scope of representation. 2. The Union is the exclusive representative of all employees holding a permanent position within those classes in the Unit. 3. The Union shall accord fair representation in all matters to all employees in the Unit without regard to whether the particular employee is a member of the Unit. The duty of fair representation shall include but not be limited to all matters related to collective bargaining, discipline, contract administration, and grievance processing. Employees covered by this Agreement shall have all rights specified in Government Code Section 3502.5(b). 4. Upon request by the Union, and due to extraordinary circumstances specified in such request, a department director, or such other persons whom the department director shall designate, shall allow reasonable access by Union officers or their officially designated representatives for a limited time to job sites for the purposes of processing grievances or conducting business within the scope of representation, except as access is requested for purposes which are precluded by the last sentence of FMC Section 3-622. Except as the granting of such requests shall unreasonably interfere with departmental operations or established safety or security requirements, such requests shall be granted. B. GRIEVANCES 1. A grievance is a dispute concerning the interpretation or application of any existing City policy, practice, written rule or regulation governing personnel practices or working conditions, including this Agreement. A grievance involves the claimed misapplication or misinterpretation of a rule or regulation relating to an existing right or duty; it does not relate to the establishment or abolishment of a right or duty. This procedure shall not apply to any dispute for which there is another established resolution procedure, including but not limited to, appeal to the Fresno Civil Service Board, Retirement Board, Public Employee Relations Board unfair MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 8 employer-employee relations charge * * * or fact-finding procedure, or as outlined below. Grievances regarding probationary demotions/terminations and disciplinary actions excluded from the Civil Service Board process, shall not proceed past Step 2 of the Grievance Procedure. 2. A written grievance must set forth the rule, regulation, policy, or practice claimed to have been violated, describe the specific incident or circumstances of the alleged violation, and specify the remedy sought or it will be returned to the grievant for appropriate completion. Any dispute between the parties as to the grievability of an issue or as to whether the requirements of this procedure have been met shall be presented to the Grievance Advisory Committee (GAC), or to an arbitrator if arbitration has been elected under Step 3 below. The Committee or arbitrator shall rule on the dispute before proceeding with the hearing. The Committee or arbitrator will be bound by the agreement of the parties regarding timeliness unless the parties have mutually agreed to waive time lines. 3. Union Officers and Stewards designated under Article IV, Section F of this Agreement shall be excused without loss of compensation from their regular duties for such time as is necessary to attend and represent the grievant at grievance hearings, beginning at the first level of the procedure. 4. The procedure and sequence in filing and processing a grievance shall be as follows: Step One - Filing the Grievance The grievant and/or Union representative shall discuss the grievance with the grievant’s immediate supervisor or designee before a written grievance may be filed. a. If the grievance is not settled through this discussion a written grievance may be filed with the grievant’s immediate supervisor or designee. A written grievance must be filed, with a copy being sent to the Union and Labor Relations Division, within twenty-one (21) calendar days from the time the grievant becomes aware or should have become aware of the issue or incident giving rise to the problem. b. Upon receipt of a written grievance, the immediate supervisor or designee shall give the grievant a written reply within fourteen (14) calendar days. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 9 Step Two - Department Head Review Should the grievant not be satisfied with the answer received from grievant’s immediate supervisor or designee, the grievant may within fourteen (14) calendar days file an appeal to the department head or designee. The department head or designee shall have twenty-one (21) calendar days after receipt of the appeal to review the matter, investigate, and provide a written answer to the appeal explaining clearly the decision or proposed action and reasons thereof. The department head or designee may confer with the grievant and appropriate supervisors in an attempt to bring about a mutually acceptable solution. Step Three - Mediation/GAC/Binding Arbitration a. Only the Union can move a grievance to Step Three. b. If the grievant is not satisfied with the decision of the department head or designee, the Union may, within fourteen (14) calendar days after receipt of the written reply, file a request for a review of the department head’s or designee’s decision to the Grievance Advisory Committee or through binding arbitration as outlined in Subsection e. below. c. The City and the Union may mutually agree to waive steps one (1) and two (2) and proceed directly to hearing by the Grievance Advisory Committee or binding arbitration when the issue is one over which the grievant’s supervisor or designee, or department head or designee has no jurisdiction. d. The City and the Union may agree to seek resolution of the grievance through mediation using the services of the State Mediation and Conciliation Service, prior to hearing by the Grievance Advisory Committee or binding arbitration. Time limits for processing of the grievance are automatically extended for as long as mediation is in process. e. The Union shall be limited to two (2) requests for binding arbitration per fiscal year on a grievance that involves a dispute concerning the interpretation or application of an existing City policy, practice, written rule or regulation. There shall be no limitation on requests for binding arbitration dealing with MOU interpretation or application. Any request for binding arbitration that does not meet the requirements of this Subsection shall not be processed, and such grievance concludes at Step One above. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 10 The arbitrator shall hold a hearing on the issue or issues submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issues, or issues, and render a written decision and reasons for the opinion within thirty (30) calendar days following the closing of the arbitration hearing, unless the period has been mutually extended in writing by all parties. The decision shall be sent to the Labor Relations Division and to the Union. The arbitrator’s decision shall be final and binding. f. The Grievance Advisory Committee (GAC) shall be comprised of three (3) members: one selected by the Grievant, one selected by the City and the chairperson. The GAC chairperson or arbitrator may be chosen either by mutual agreement of the Union and the City, or by the "strike" method from a list of neutrals provided by the State Mediation and Conciliation Service. If the GAC chairperson is selected by the strike method from the list of neutrals provided by the State Mediation and Conciliation Service, then the GAC shall be comprised exclusively of the selected neutral. The City and the Union shall select a chairperson or arbitrator within fourteen (14) calendar days of the receipt of a grievance requesting review by a Grievance Advisory Committee by the Labor Relations Division or upon receipt of the list of neutrals from State Mediation and Conciliation Service. Fees and expenses of the chairperson or arbitrator shall be paid half by the City and half by the Union, provided, however, that the GAC or arbitrator may recommend that the City or the Union, pay the total of such fees and expenses should it find that, but for the unreasonableness of that party's posture, the convening of the Committee or arbitration would not have been necessary. g. From the date a grievance, otherwise meeting all criteria for the filing and processing of a grievance, reaches the Labor Relations Division, the Grievance Advisory Committee will attempt to convene within thirty (30) calendar days in order to hear the grievance. h. All time limits herein may be extended by mutual agreement of the parties. The parties agree that if a time limit for filing a grievance, grievance appeal, or response ends on a Saturday, Sunday, or holiday as listed in this Agreement, the time limits shall be extended to the next regular business day. i. The Grievance Advisory Committee shall talk to the employees and the supervisor involved to set forth in writing the facts of the particular situation as objectively as possible and recommend a solution to the City Manager or designee within thirty (30) calendar days of its last meeting. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 11 j. If the grievance has been submitted to a GAC, the City Manager or designee shall review the decision of the department head or designee and recommendations of the Grievance Advisory Committee and shall render a written decision to the grievant within twenty-one (21) calendar days after receipt from the Grievance Advisory Committee. k. Failure of the grievant to file an appeal within the specified time limit for any but the first step of the procedure shall constitute an abandonment of the grievance process. Failure of the responsible supervisor or official of the City to render a decision within the specified time limit established by this procedure shall automatically move the grievance to the next higher level for action, without any further action required of the grievant. C. USE OF HEARING OFFICER IN DISCIPLINARY ACTIONS INITIATED BY CITY Use of a hearing officer in disciplinary actions shall be in accordance with FMC Section 3-283. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 12 ARTICLE VI DUES DEDUCTION A. GENERAL 1. The City shall deduct the dues or benefit premiums, or both, following receipt of notice from the Union that authorization has been provided to the Union by an employee in the Unit. The City shall stop dues deductions or benefit premium deductions, or both, upon receipt of notice from the Union that authorization has been provided to the Union by members in the Unit. Should there be a dispute regarding the deduction of dues, the Union shall provide the City with a copy of the authorization(s) signed by the employee. 2. The Union, in consideration for and as a condition of the City withholding and transmitting payroll and benefit deductions authorized by this Section and in compliance with * * * Government Code Section 1157.12, shall indemnify and hold harmless the City of Fresno, its officers, and employees from any liability that may result from making, canceling, or changing requested deductions. B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION CARD The member's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorized. When a member is in a non-pay status for an entire pay period, no dues deduction shall be made from future earnings to cover that pay period, nor may the member be required to deposit, nor may the member deposit with the City Controller, the amount which would have been deducted if the member had been in a pay status during that period. In the case of a member who is in a non-pay status during only a part of the pay period and whose salary is insufficient to cover other legal and required deductions, no dues deduction or deposit shall be made. C. DUES DEDUCTION 1. Dues deductions covering all such deductions shall be transmitted by electronic funds transfer to an account specified by Stationary Engineers, Local 39. 2. Dues deductions will be transmitted at least monthly. 3. The City agrees to provide the Union with an electronic file that shows the total amount authorized for deduction from each member's check. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 13 ARTICLE VII COMPENSATION AND BENEFITS A. GENERAL All economic benefits, provided by Council ordinance or formal Council resolution and not otherwise clearly and explicitly modified or restricted in this Agreement, shall be continued without alteration during the term of this Agreement. B. SALARIES/PENSION 1. Salaries Effective January 2, 2023, the base rate of pay of all employees in this unit will be increased by three percent (3%) as reflected on Exhibit I, attached hereto and incorporated by reference. Effective June 19, 2023, the base rate of pay of all employees in this unit will be increased by an additional three percent (3%) as reflected on Exhibit II, attached hereto and incorporated by reference. Effective December 18, 2023, the base rate of pay of all employees in this unit will be increased by an additional one percent (1%) as reflected on Exhibit III, attached hereto and incorporated by reference. Effective June 17, 2024, the base rate of pay of all employees in this unit will be increased by an additional three percent (3%) as reflected on Exhibit IV, attached hereto and incorporated by reference. Effective December 30, 2024, the base rate of pay of all employees in this unit will be increased by an additional two percent (2%) as reflected on Exhibit V, attached hereto and incorporated by reference. 2. Pension Contribution a. Contributions for Employees Hired On or After May 29, 2017: Employees hired by the City on or after May 29, 2017, shall make an additional contribution equal to one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. Employees hired by the City prior to May 29, 2017, who enter Unit 1 on or after May 29, 2017, and were paying an additional one and one half percent (1.5%) of their pensionable compensation immediately prior to entering Unit 1, shall continue to MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 14 pay the additional one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one half percent (1.5%) contribution in cash. The one and one half percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account, nor will it be deposited into a member’s Deferred Retirement Option Program (“DROP”) account. Employees who separate City employment regardless of reason and withdraw their employee contributions from the Retirement System between the date this agreement is approved by the City, and the effective date of a Fresno Municipal Code amendment pursuant to the provisions in this Section will have an amount equivalent to the additional one and one half percent (1.5%) the employee contributed pursuant to these provisions refunded by the City of Fresno. b. Contributions for Employees Under Proposed Fresno Municipal Code Amendment: After this MOU becomes effective, the City will provide notice to all affected bargaining units of its intent to recommend consideration of an amendment to the Fresno Municipal Code to allow the additional one and one half percent (1.5%) contribution to reduce the City’s contribution amount to stop and to become part of the Member Normal Contribution Rate set forth in the Employees Retirement System (“Retirement System”). If the Municipal Code is so amended, the City and the Union agree that, on the first pay period following the date the new FMC provision goes into effect, the following will apply if approved by the City Council: Members of the Retirement System who are paying an additional 1.5% into the Retirement System shall have their Member Normal Contribution Rate increased by an additional one and one half percent (1.5%) which will be added to their existing Entry Age Normal Contribution Rate effective the date the Fresno Municipal Code amendment becomes effective. If the process of amending the Municipal Code as outlined above is not completed within 12 months of approval of this MOU, the parties agree to a limited reopener on the additional pension contribution of one and one half MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 15 percent (1.5%). Any modification of this provision will require mutual agreement. [§ deleted] C. WASTEWATER TREATMENT PLANT PAY Employees who are active as of the effective date of this MOU who were in the classifications of Senior Wastewater Treatment Plant Operator, Wastewater Treatment Plant Specialist, Wastewater Treatment Plant Technician, Wastewater Treatment Plant Operator-in-Training, and Power Generation Operator/Mechanic assigned to the Wastewater Treatment Plant at any point during the timeframe of April 6, 2020 to January 17, 2021 are eligible to receive a one-time payment as listed below. This one-time payment shall be pro-rated based on actual time spent by the eligible employee in each classification during the timeframe above. The one-time payment will be paid in the employee’s regular paycheck no later than sixty (60) calendar days after the effective date of the MOU. This pay shall not be pensionable under the City of Fresno Retirement System. • Senior Wastewater Treatment Plant Operator $8,050.00 • Power Generation Operator/Mechanic $7,437.00 • Wastewater Treatment Plant Specialist $6,825.00 • Wastewater Treatment Plant Technician $5,163.00 • Wastewater Treatment Plant Operator-in-Training $4,457.00 D. OVERTIME Departments shall endeavor to distribute overtime work as equally as practical within a work unit, with the understanding that many qualifying factors, such as expertise, job location, employee availability, etc. can and will influence overtime assignments. 1. Employees shall be paid for overtime in accordance with Chapter 3, Article 1, Section 3-117 of the FMC and as follows, except as may be modified by this MOU. * * * a. Employees Working a 5/8 Schedule: (1) Work performed in excess of eight (8) hours on a regular workday and work performed on the employee’s first regular day off but not a holiday shall be compensated at one and one-half (1-1/2) times the applicable hourly rate. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 16 (2) Work performed on the employee’s second regular day off shall be compensated at * * * two (2) times the applicable hourly rate. b. Employees Working a 4/10 Schedule: All employees who work a regularly scheduled workday of ten (10) hours during a regularly scheduled workweek of four (4) days shall be compensated for approved overtime work by additional pay as follows: (1) Work performed in excess of ten (10) hours in one (1) day or on either or both of the first two (2) scheduled days off in a workweek shall be compensated at one and one-half (1-1/2) times the applicable hourly rate. (2) Work performed on the third scheduled day off in a workweek, shall be compensated at two (2) times the applicable hourly rate. c. If overtime continues past midnight and rolls into the following work day, the overtime will be paid at the rate effective at the start of the shift. 2. * * * It is the policy of the City that overtime work is to be discouraged. However, in case of emergency or whenever the public interest requires, the Chief Administrative Officer, or any department head or designee with respect to any employee in the department head’s or designee’s department, may require an employee to perform overtime work. * * * 3. There shall be no pyramiding or duplication of overtime or premium rates. 4. If an employee is required to work during the employee’s meal period with the approval of the employee's supervisor, and if no alternate meal period is taken, said time shall be compensated at the applicable overtime hourly rate of pay if the time worked exceeds that of the employee’s normal schedule/shift. 5. * * * Refer to Article VII, Section H Subsection 1. for * * * compensation * * * for working on a holiday. 6. The City shall not adjust a regular workweek schedule during said workweek to avoid the payment of overtime. 7. Overtime shall be credited in units of one-tenth of an hour. Overtime shall not be credited for units of overtime less than one-tenth of an hour, and MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 17 fractional units of overtime less than one-tenth of an hour shall not accumulate. 8. Assignment of Overtime The procedures in this sub-section (sub-section * * * 8) shall not apply to the Water Distribution mandatory overtime list for stand-by/emergency operations. In the event the procedures outlined in this subsection create an operational inefficiency, the parties agree to meet and confer on separate provisions which shall be incorporated via side letter to this MOU upon mutual agreement. a. The Personnel Services Department shall maintain a list of work units. Any changes to the list will be provided to the Union in advance of the change. b. Managers of work units must post and maintain a sign up list for voluntary overtime in an area accessible to all employees in the work unit. Employees who wish to work voluntary overtime shall add their name to the voluntary overtime list. Employees may remove their name or add their name to the list at any time. Employees who add their name to the list will be added in order of their respective seniority rank. c. Available overtime assignments will be staffed as follows: (1) Overtime assignments will first be staffed by employees who have signed up on the voluntary overtime list by work unit. Management will contact employees * * * from the * * * voluntary overtime list in seniority order by classification. After the most senior employee(s) accepts the overtime assignment, declines the overtime assignment, or does not respond to the City’s attempt to contact the employee, the City will contact the next most senior employee until the overtime assignment is staffed. If an employee works, declines, or does not respond to * * * Management’s attempt to contact the employee, the employee will be moved to the bottom of the list and will rotate through the list. If the overtime work is planned at least two (2) days in advance, employees will have one (1) hour to respond to the offer of overtime before * * * Management contacts the next name on the * * * voluntary overtime list. (2) * * * If it is not possible to staff the * * * overtime assignment from the voluntary overtime list, consistent with the provisions in subsection c(1) above, qualified employees will MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 18 be required to work overtime and will be assigned in reverse seniority order in rotation, unless * * * management is able to staff the assignment with volunteers from other work units. (3) Overtime which is the result of a need to finish work, or an assignment which started during the regular work day will, absent extenuating circumstances, be completed by the employee(s) who are doing the work or assignment. (4) * * * In the event a work unit assigns employees to be on standby duty, * * * overtime will be performed by the employee(s) assigned standby unless the unplanned overtime is the result of a need to finish work pursuant to subsection c(3) above. All other overtime assignments will be assigned consistent with subsections c(1) and c(2) above. (5) The City reserves the right to determine whether or not an employee possesses the qualifications necessary to perform the scheduled overtime work. (6) Employees on the voluntary overtime list who are on unscheduled leave during their regularly assigned work shift prior to * * * the overtime assignment will go to the bottom of the list and will not be eligible to work overtime until the list goes through an entire rotation. (7) Employees on the voluntary overtime list who are on scheduled leave during their regularly assigned work shift prior to the overtime assignment will be contacted for an overtime assignment consistent with subsection c(1) above. (8) Employees who are assigned * * * overtime in accordance with this provision who do not report for the * * * overtime will be removed from the * * * voluntary overtime list for a period of three (3) months and may be subject to disciplinary action. 2. Call Back - Employees called back into work without prior notice and after they have left the assigned work area for the day, shall receive pay for a minimum of two (2) hours at * * * time and one-half (1 ½) times the employee’s base rate of pay commencing from the time the employee receives the call and ending when the employee returns home, except that the employee shall be paid for a maximum of one-half (1/2) hour of actual travel time each way, unless such call-in precedes an employee's scheduled shift. An employee called in to work on the employee’s MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 19 second day off will be paid a minimum of two (2) hours at two (2) times the employee’s base rate of pay commencing from the time the employee receives the call and ending when the employee returns home, except that the employee shall be paid for a maximum of one- half (1/2) hour of actual travel time each way, unless such call-in precedes an employee’s scheduled shift. Employees on a 4/10 schedule will get one and one-half (1 ½) times the employee’s base rate of pay on the employee’s first and second day off, and will receive two (2) times the employee’s base rate of pay on the employee’s third day off. If a call continues past midnight and rolls into the following work day, the entire call will be paid at the rate effective at the start of the call. 3. Telephone Calls/Electronic Communications – Employees who are * * * contacted outside of their scheduled work hours to assist with City work that must be accomplished, but are not called to a worksite, shall receive a minimum of twelve (12) minutes of pay for each such * * * communication. * * * Communication such as attempts to locate the employee or provide information on changes in work schedules are not compensable for the purpose of this provision. Communication received after leaving the assigned work area for the day, or on the employee’s first day off, shall be paid at one and one-half (1 ½) times the employee’s base rate of pay. Communication received on the employee’s second day off will be paid at two (2) times the employee’s base rate of pay. Employees on a 4/10 schedule will get one and one-half (1 ½) times the employee’s base rate of pay on the employee’s first and second day off, and will receive two (2) times the employee’s base salary on the third day off. [§§ deleted] E. COMPENSATORY TIME OFF (CTO) * * * Employees may accrue * * * CTO in lieu of cash for overtime hours worked subject to the limitations noted below. * * * 1. Maximum Accrual CTO shall be accumulated at the applicable straight time, time and one-half, or double time rate for the time worked. The employee may accrue a CTO balance not to exceed eighty (80) hours. Employees who have reached the maximum accrual (80 hours) shall be given cash payment for additional overtime hours worked until such balance has been reduced below the maximum allowable amount of eighty (80) hours. * * * MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 20 2. CTO Usage Employees may use CTO * * * for time off. The use of accumulated CTO shall be requested, and subject to approval, the same manner as is vacation. 3. Cash Out Employees may request cash out of any accrued CTO hours at their current base rate of pay at any time. * * * The balance may * * * also be cashed out by the City at the employee’s base rate of pay * * * upon separation from employment or * * * in the last pay period of each fiscal year * * * if not carried over to the next fiscal year pursuant to Subsection 4 * * * below * * *. 4. Carry Over * * * Employees may carry over a maximum of forty (40) hours of their CTO balance to the next fiscal year. A request for carry over of hours, including the number of hours to be carried over, must be submitted in writing to the department/division no later than May 30 of each year. [§§ deleted] F. PREMIUM PAY 1. P.M. Hours Premium Pay If one-half (½) or more of an employee’s regularly scheduled shift hours fall between the hours of 5:00 p.m. and midnight, the night shift premium pay will be $1.45 per hour for all actual hours worked that shift. If one-half (½) or more of an employee’s regularly scheduled shift hours fall between the hours of midnight and 8:00 a.m., the night shift premium pay will be $2.30 per hour for all actual hours worked that shift. This pay is pensionable under the City of Fresno Retirement System. 2. Height Work Employees on specific assignment from management, working on poles, towers other than a tower erection, or trees at a height of 50 feet or more shall receive double their base rate of pay for all actual hours worked at such heights. 3. Standby Pay MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 21 a. Standby duty may be assigned at the discretion of management. Standby duty shall be assigned on a rotating basis in accordance with sub-section c. below. An employee assigned standby duty will be required to carry a pager or City cell phone and shall refrain from consuming alcohol or taking any substance which may impair the employee’s ability to perform all required duties. Employees on standby duty are required to respond, and shall report to the work site within one hour of being paged or called. Standby pay shall be $1.90 per hour. This pay is pensionable under the City of Fresno Retirement System. b. Time spent on standby duty shall not be considered hours worked. In the event an employee on standby duty is required, and does report to the work site after leaving the assigned work area for the day, the employee will be compensated as provided in Article VII, Section D., Subsection 2. of this Agreement. In the event an employee on standby duty responds to a telephone call regarding City work, but does not report to the work site, the employee shall be compensated as provided in Article VII, Section D., Subsection 3. of this Agreement. c. Standby Rotation (1) For standby assignments that are assigned, either on an annual or seasonal basis, employees will be rotated through standby assignments in seniority order by classification within the work unit. The most senior employee will receive the first assignment. The next most senior employee will receive the next assignment, and so on until all employees have been assigned. The assignment will then again go to the most senior employee. Employees who are not available for the entire duration of their scheduled standby assignment due to unscheduled leave will be moved to the bottom of the rotation and will rotate through until they have worked a standby assignment. Employees who are not available for a portion of their scheduled standby assignment due to unscheduled leave will resume their standby assignment upon returning to work. If an employee is not available for * * * any portion of their assigned standby assignment because of unscheduled leave, the * * * standby assignment will be staffed pursuant to subsection c(2) below. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 22 (2) Voluntary and Mandatory Standby If standby assignments are assigned on an annual or seasonal basis, departments shall post and maintain a voluntary standby list in an area accessible to all applicable employees whereby employees may volunteer to work the standby assignment of an employee absent due to unscheduled leave. The voluntary standby list will be used to cover the standby assignment of an employee absent on unscheduled leave on a daily basis. Employees may add or remove their name from the voluntary standby list at any time. Employees who add their name to the list will be added in order of their respective seniority rank. Based on operational need, the voluntary standby list may be established by work unit or department division. Management will first attempt to fill the standby assignment of the employee on unscheduled leave by contacting employees on the voluntary standby list in seniority order in the same job classification of the employee absent due to unscheduled leave. If the standby assignment cannot be filled by an employee on the voluntary standby list in the same job classification of the employee on unscheduled leave, management will then contact employees on the voluntary standby list in seniority order who possess the required qualifications to perform duties required of the standby assignment, e.g., a requisite certification. After the most senior employee accepts the standby assignment, declines the standby assignment, or does not respond to the City’s attempt to contact the employee, the City will contact the next most senior employee until the standby assignment is staffed. If an employee works, declines, or does not respond to Management’s attempt to contact the employee, the employee will be moved to the bottom of the voluntary standby list and will rotate through the list. When an employee is at the top of the voluntary standby list and it is their turn to work the next voluntary standby MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 23 assignment due to an employee absent on unscheduled leave but is on unscheduled leave themselves, the employee will go to the bottom of the voluntary standby list and will not be eligible to work voluntary standby until the list goes through an entire rotation. Employees on the voluntary standby list who are on scheduled leave when they are at the top of the list for a voluntary standby assignment will be contacted for a standby assignment consistent with this subsection. If it is not possible to staff the standby assignment of an employee on unscheduled leave from the voluntary standby list, employees in the same job classification or employees who possess required qualifications, e.g., a requisite certification, will be assigned mandatory standby in reverse seniority order in rotation on a daily basis. Employees who are assigned standby, either voluntary or mandatory, who do not report for their standby assignment, may be subject to corrective/disciplinary action. In addition, employees on the voluntary standby list who are assigned standby in accordance with this subsection who do not report for their standby assignment will be removed from the voluntary standby list for a period of three (3) months. (4) Standby Assignment Forfeiture Employees may forfeit all or a portion of their scheduled standby assignment. Employees wishing to forfeit any portion of their scheduled standby assignment must secure a replacement employee to work the scheduled standby assignment under the following criteria: (a) The replacement employee must be assigned to the same work unit or department division consistent with the establishment of the voluntary standby list; (b) The replacement employee must be in the same job classification of the forfeiting employee or possess the requisite qualifications to perform MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 24 duties required of the standby assignment, e.g., a required certification; and (c) The replacement employee may not already be scheduled to work their own standby assignment on the forfeited days. Employees forfeiting multiple days of a scheduled standby assignment may secure different qualifying employees to fulfill their standby assignment each day. Employees wishing to forfeit any portion of their scheduled standby must submit a written request for approval to their manager or designee including the date(s) of the forfeiture and name(s) and job classification(s) of the employee(s) fulfilling the forfeited standby assignment at least three (3) calendar days prior to their scheduled standby assignment. Employees who forfeit a portion of their scheduled standby assignment will resume standby for the remainder of their assignment. Employees who forfeit their entire standby assignment will be moved to the bottom of the standby rotation. (5) The City reserves the right to determine whether or not an employee possesses the qualifications necessary to perform the standby assignment. d. Employees on standby who are not assigned a City vehicle who receive a call back assignment may receive mileage reimbursement for travel to and from the designated call back location at the Internal Revenue Service (IRS) standard mileage rate in effect at the time of travel. Mileage reimbursement shall be in accordance with provisions of Administrative Order (AO) 2-2. 4. Permit-Required Confined Space Pay Employees specifically assigned to work in a hazardous Permit-Required Confined space as defined by CAL-OSHA under Title 8 of the California Code of Regulations, Section 5157, shall receive a pay differential of $1.90 per hour for each hour or portion thereof while working in the space as assigned. This pay is pensionable under the City of Fresno Retirement System. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 25 5. Code Enforcement/Abatement Team and Solid Waste/Homeless Assistance Response Team (HART) * * * Employees in the Code Enforcement Division of the City Attorney’s Office who are specifically assigned to the Abatement Team and employees * * * in the Solid Waste Division of the Department of Public Utilities who are specifically assigned to * * * HART * * * shall receive a monthly premium pay of one hundred dollars ($100) per month. Employees who are not specifically assigned to either team but may be assigned to assist on a day-to-day basis shall receive a daily premium pay of five dollars ($5) per day if on a 5/8 schedule, or six dollars and twenty-five cents ($6.25) per day if on a 4/10 schedule, not to exceed one hundred dollars ($100) in any calendar month. This pay is pensionable under the City of Fresno Retirement System. [§ deleted] 6. Certificates Certificate pay will become effective on the first day of the pay period in which the employee submits the applicable new or renewal certificate to their department or the effective date of the new or renewal certificate, whichever is later. Upon expiration of the certificate(s) for which an employee is receiving certificate pay, certificate pay will be discontinued until such time the employee submits their renewal certificate to their department. Certificate pay will not be paid retroactively. Exceptions due to exigent circumstances, such as an error or delay on behalf of the organization issuing the certificate, may be considered on a case-by-case basis by the Director of Personnel Services or designee. a. Body and Fender – Employees in the class of Body and Fender Repairer/Leadworker, who possess a valid Master Collision Repair/Refinishing Technician Certificate, issued by the National Institute for Automotive Excellence, shall receive two hundred dollars ($200) per month. This pay is pensionable under the City of Fresno Retirement System. b. Mechanic – Employees in the class of Bus Mechanic I/II/Leadworker and Heavy Equipment Mechanic I/II/Leadworker, who possess a valid Master Medium-Heavy Duty Truck Technician Certificate or Master Bus Technician Certificate, and Fire Equipment Mechanic I/II/Leadworker who possess a Medium Heavy Duty Truck Certificate, and Light Equipment Mechanic I/II/Leadworker, who possess a valid Master Automobile Technician Certificate, issued by the National Institute for Automotive Service Excellence (NIASE), MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 26 shall receive two hundred dollars ($200) per month. This pay is pensionable under the City of Fresno Retirement System. In order to continue to receive certification pay, incumbent Bus Mechanic Equipment I/II/Leadworkers shall recertify by passing the Transit Bus Technician series tests prior to expiration of the certification. In order to continue to receive certification pay, incumbent Heavy Equipment Mechanic I/II/Leadworkers shall recertify by passing the Medium-Heavy Truck Technician series tests prior to expiration of the certification. (1) Blue Seal of Excellence Recognition – Employees assigned to FAX, Fire or Fleet equipment repair facilities in the class of Equipment Service Worker II, those classes noted in 6. b., above, or any other class whose certification contributes to the receipt of the facility’s ASE Blue Seal of Excellence Recognition, shall become eligible to receive six hundred dollars ($600) per year premium pay, paid in the regular paycheck of the first pay period in April or October, following the City’s designation date, pursuant to the following requirements: (a) A FAX, Fire or Fleet facility must receive ASE Blue Seal of Excellence Recognition pursuant to the Program criteria established by the NIASE; (b) the employee must possess at a minimum two (2) applicable ASE certificates pursuant to the Program criteria established by the NIASE; and, (c) the employees’, with the exception of Equipment Service Worker II’s, ASE certification(s) must be necessary for the facility’s receipt of the ASE Blue Seal of Excellence Recognition Program. (d) This pay is pensionable under the City of Fresno Retirement System. c. Bus Air Conditioning Mechanic – Employees in the class of Bus Air Conditioning Mechanic/Leadworker who possess a Technician Certification in the H6 Electrical/Electronic Systems and the H7 Heating, Ventilation and A/C in the transit bus series issued by the National Institute for the Automotive Service Excellence shall receive MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 27 monthly certificate pay of seventy-five dollars ($75). This pay is pensionable under the City of Fresno Retirement System. d. Aviation Mechanic – Employees in the classes of Aviation Mechanic I/II and Aviation Mechanic Leadworker shall receive one hundred fifty dollars ($150) per month for certification and equipment maintenance and support. The City will also provide $250,000 in life insurance/death benefit coverage, solely for “off premises” flying to employees occupying the class of Aviation Mechanic I/II and Aviation Mechanic Leadworker. This pay is pensionable under the City of Fresno Retirement System. e. Automotive Parts Specialist/Leadworker – Employees in the class of Automotive Parts Specialist or Automotive Parts Leadworker, who possess a P1 Medium Heavy Truck Parts Specialist certificate and a P2 Medium Heavy Trucks Specialist certificate issued by the National Institute for Automotive Service Excellence (NIASE) shall receive a monthly certificate pay of fifty dollars ($50). This pay is pensionable under the City of Fresno Retirement System. f. Fire Equipment Mechanics – Employees in the class of Fire Equipment Mechanic I/II who possess a valid Fire Mechanic I certificate or Emergency Vehicle Technician I Certificate from the California Office of the State Fire Marshal (OSFM) shall receive one hundred dollars ($100) per month. Employees in the class of Fire Equipment Mechanic II or Fire Equipment Mechanic Leadworker who possess a valid Fire Mechanic II certificate or Emergency Vehicle Technician II Certificate from the California Office of the State Fire Marshal (OSFM) shall receive one hundred fifty dollars ($150) per month. This pay is pensionable under the City of Fresno Retirement System. g. Equipment Service Worker IIs – Fire Maintenance – Employees in the class of Equipment Service Worker II (ESW II) assigned to the * * * Fleet Management Division who possess a valid Fire Mechanic I certificate or Emergency Vehicle Technician I Certificate from the California Office of the State Fire Marshal (OSFM) shall receive seventy-five dollars ($75) per month. This pay is pensionable under the City of Fresno Retirement System. h. Underground Storage Tank (UST) Operator Certificate – Employees who are required to obtain and who maintain a valid California Underground Storage Tank (UST) Operator Certificate issued by the International Code Council shall receive seventy-five dollars ($75) per month. This pay is pensionable under the City of Fresno Retirement System. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 28 i. Instrumentation Specialist – Employees in the class of Instrumentation Specialist, who possess a valid Electrical/Instrumentation Certificate issued by the California Water Environment Association, shall receive monthly certificate pay as follows: Grade I (Plant Maintenance Technologist) $50 Grade II $75 Grade III $100 Grade IV $150 This pay is pensionable under the City of Fresno Retirement System. j. Collection System Maintenance * * * Technician/Specialist – Employees in the class of Collection System Maintenance * * * Technician, who possess a valid Grade II Maintenance of Wastewater Collection Systems Technical Certificate issued by the California Water Environment Association, shall receive fifty dollars ($50) per month. Employees in the class of Collection System Maintenance * * * Technician or Specialist, who possess a valid Grade III Maintenance of Wastewater Collection Systems Technical Certificate shall receive seventy-five dollars ($75) per month. Employees in the class of Collection System Maintenance * * * Technician or Specialist who possess a valid Grade IV Maintenance of Wastewater Collection Systems Technical Certificate shall receive one hundred dollars ($100) per month. This pay is pensionable under the City of Fresno Retirement System. * * * k. Traffic Maintenance – Employees in the class of Traffic Maintenance Worker II/Traffic Maintenance Leadworker who possess a valid Level I or higher Work Zone Traffic Safety Specialist Certificate and a valid Level III or higher Signs and Markings Specialist Certificate issued by the International Municipal Signal Association shall receive sixty dollars ($60) per month. This pay is pensionable under the City of Fresno Retirement System. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 29 l. Wastewater Mechanical Series – Employees in the class of Wastewater Mechanical Technician and Wastewater Mechanical Specialist/Senior, who possess a valid Mechanical Technologist Certificate issued by the California Water Environment Association, shall receive monthly certificate pay as follows: Grade I (Plant Maintenance Technologist) $50 Grade II $75 Grade III $100 Grade IV $150 In addition to the above, employees in the class of Wastewater Mechanical Technician and Wastewater Mechanical Specialist/Senior, who possess a valid Water Treatment Operator or Water Distribution Operator Certificate issued by the * * * Department of Water Resources, State Water Resources Control Board (SWRCB), shall receive one hundred dollars ($100) per month. This pay is pensionable under the City of Fresno Retirement System. m. Wastewater Treatment Plant * * * Technician/Specialist/Senior – Employees in the class of Wastewater Treatment Plant Technician who possess a valid Wastewater Treatment Plant Operator Certificate issued by the * * * Department of Water Resources, State Water Resources Control Board (SWRCB), shall receive monthly certificate pay as follows: Grade II $75 Grade III $100 Grade IV $150 Grade V $200 Employees in the class of Wastewater Treatment Plant Specialist who possess a valid Wastewater Treatment Plant Operator Certificate issued by the Department of Water Resources, State Water Resources Control Board, shall receive monthly certificate pay as follows: Grade III $100 Grade IV $150 Grade V $200 Employees in the class of Senior Wastewater Treatment Plant Operator who possess a valid Wastewater Treatment Plant Operator Certificate issued by the Department of Water Resources, State MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 30 Water Resources Control Board, shall receive monthly certificate pay as follows: Grade IV $150 Grade V $200 In addition to the above, employees in the class of Wastewater Treatment Plant * * * Technician/Specialist/Senior * * * who possess a valid Water Treatment Operator or Water Distribution Operator Certificate issued by the State of California Department of Health Services, shall receive one hundred dollars ($100) per month. This pay is pensionable under the City of Fresno Retirement System. n. Water Treatment Operator & Water Distribution Operator Certificates It is expressly understood that positions and assignments eligible for this certificate pay will be determined solely at the discretion of management in the applicable division noted below. Employees in the Water Division occupying the classes below who possess a valid Water Treatment Operator Certificate or Water Distribution Operator Certificate issued by the * * * Department of Water Resources, State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW) shall receive monthly certificate pay as follows, this pay is pensionable under the City of Fresno Retirement System: Classifications Eligible: Instrumentation Specialist Senior Water Distribution/Production Operator Senior Water Treatment Plant Operator Water Distribution/Production * * * Specialist Water Distribution/Production Technician Water Maintenance Mechanic * * * Specialist Water Maintenance Mechanic Technician Water Quality * * * Specialist Water Quality Technician Water Treatment Plant Operator * * * * * * DI $50 DII $100 DIII $150 DIV $200 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 31 TI $100 TII $200 TIII $250 TIV $300 TV $300 In addition to the above, employees in Water Division who possess both a valid Water Treatment Operator Certificate and Water Distribution Operator Certificate issued by the * * * Department of Water Resources, State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW) shall receive one hundred dollars ($100) per month. A certificate which is required as a minimum qualification for the position shall not be used in qualifying for dual certification. Employees with dual certification will be paid at the highest rate due for one (1) of the two (2) certifications in addition to the $100 for dual certification. For example, an eligible employee in a class requiring a DII will require a DIII or higher and a Treatment Operator certificate to be eligible for the dual certification pay. This pay is pensionable under the City of Fresno Retirement System. o. Power Generation Operator/Mechanic (PGOM) – Employees in the classification of PGOM assigned to a water systems environment who are required to obtain and maintain a valid Water Distribution Operator Certificate, Grade DII, issued by the Department of Water Resources, State Water Resources Control Board (SWRCB), and possess the required Grade DII certificate, shall receive monthly certificate pay for the Grade DII certificate pursuant to Article VII, Section F, Subsection 7.n. This pay is pensionable under the City of Fresno Retirement System. p. Crane Operator – Employees who are required to maintain a Crane Operator License shall receive one hundred dollars ($100) per month. * * * This pay is pensionable under the City of Fresno Retirement System. q. Commercial Driver’s License – Any classifications whose job specifications indicate that a Commercial Driver’s License (“CDL”) may be required and are assigned to duties that require a CDL; shall receive one hundred dollars ($100) per month. * * * This pay is pensionable under the City of Fresno Retirement System. r. Hazardous Materials Endorsement – Employees who are assigned to duties which require a Hazardous Materials endorsement on their MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 32 CDL shall receive one hundred dollars ($100) per month. This pay is pensionable under the City of Fresno Retirement System. s. Backflow Prevention Assembly Tester Certificate – It is expressly understood that positions and assignments eligible for this certificate pay will be determined solely at the discretion of management. Employees who possess a valid Backflow Prevention Assembly Tester Certificate issued by either the American Backflow Prevention Association or the American Water Works Association shall receive monthly certificate pay of one hundred and fifty dollars ($150). This pay is pensionable under the City of Fresno Retirement System. 7. Camp Fresno Meals In the event an employee is assigned to work at Camp Fresno, or receives some other similar assignment, and during such assignment the City provides meals for the employee, the employee, at the employee’s option, may elect to receive a cash payment of $15.00 per day in lieu of receiving the meals. This Subsection shall not apply to employees assigned for periods in excess of one (1) week or to any employee assigned a cabin with cooking facilities. 8. Temporary Assignment To Perform Duties Of Absent Employees (Acting Pay) a. When an employee holding a permanent position is absent from duty for any cause (e.g., vacation, sick, holiday, CTO, injury leave, military leave, leave of absence without pay and training), the appointing authority shall, if possible, temporarily assign to one or more employees in the same or higher class work of the absent employee that cannot be deferred until the absent employee’s return. When such assignment is not practical, the appointing authority may temporarily assign another employee in the same department or office holding a permanent position in a lower class to perform the duties of the absent employee. The employee so assigned shall be entitled to receive compensation attached to the higher position at the step closest to but not less than 3½% above the employee’s current step placement, if the employee’s class specifications do not require that the employee perform said duties in the absence of the regularly assigned employee and if the employee meets the conditions provided in this Section. This pay is pensionable under the City of Fresno Retirement System. b. After any such employee has completed forty (40) hours of service in a higher class, the employee shall be paid the rate of pay attached to the higher class when assigned Acting for full days or shifts. An MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 33 employee who has held permanent status in the higher class prior to an Acting assignment shall not be required to complete the qualifying period of service set forth above, and shall be paid * * * the rate of pay * * * attached to the higher class when assigned Acting for full days or shifts. Employees shall not be assigned duties of higher classification for periods of less than full days or shifts. c. Before ordering any such assignment to a higher class for which entitlement to qualifying service credit or a higher rate of pay is sought, or promptly after such an assignment if ordered under emergency conditions, the appointing authority shall execute, and file with the Chief Administrative Officer or designee for their approval, a written statement of such assignment setting forth: (1) the assigned employee's name and permanent class, and; (2) the class and position to which they have been assigned, and; (3) the period for which the assignment or extension is to be or has been made, and; (4) the certification of the appointing authority that the assigned employee will perform, during the entire period of such assignment, substantially the full range of the duties and responsibilities of the higher class, and; (5) certifying the duties and responsibilities of the position of the absent employee are of such nature that they cannot be held over until the absent employee returns to duty. No assignment under this section shall be considered for qualifying service credit or any higher rate of pay unless such statement has been filed, and approved by the Chief Administrative Officer or designee, as provided herein. d. Acting List – Employees who meet the minimum qualifications for a higher level * * * classification may volunteer for Acting. Annually, by May 1 of each year, management will invite employees to MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 34 volunteer for Acting assignments. The posted notice inviting employees to volunteer for Acting assignments will identify the title and minimum qualifications of the classification in addition to any special requirements in a particular work unit or section. Departments may consider work habits, attendance and other considerations when placing employees on the qualifying list. Employees who no longer meet the criteria established by the department may be removed from the list at any time. Departments may also add the names of volunteers throughout the year. (1) Temporary assignments described herein shall first be offered to the most senior and qualified employee from the Acting List noted in paragraph c. above and each successive most senior and qualified employee working on the same shift, schedule, crew, and/or section within a division until such temporary assignment is filled. Each such additional temporary assignment opportunity shall be offered on a rotating basis by implementing the Acting List from paragraph c. above. (2) The duration of the temporary assignments described herein and assigned according to this provision (MOU Article VII, Section F., Subsection 8.) shall be for the duration of the absence of the employee for which the temporary assignment is being made. e. In the computation of qualifying service rendered, or the amount of the higher pay to which an employee may be entitled, on an Acting assignment, only full days or shifts of actual duty shall be included, and part days or shifts shall not be combined to make full days or shifts. Time on leave occurring during any assignment shall not be included in any such computation. f. When an Acting assignment is deemed appropriate and necessary, it shall first be offered to the most senior and qualified employee from the Acting List noted in paragraph c. above and each successive most senior and qualified employee working on the same shift, schedule, crew, and/or section within a division until such temporary assignment is filled. Each such additional temporary assignment opportunity shall be offered on a rotating basis by implementing the Acting List from paragraph c. above. g. If an employee on an Acting assignment goes on leave and the department wishes to continue an Acting assignment, the next most senior employee shall be assigned. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 35 h. When an Acting assignment is expected to last for one month or more, management may rotate the Acting assignment among employees on the Acting list in order to allow more employees to attain Acting experience. Any rotation will be done in accordance with sub-section e. and sub-section f. above, and, to the extent it is practical to do so, shall be done in equal time periods for each employee in the rotation. 9. Temporary Assignment Pay Depending on the assignment, the temporary assignment pay prescribed herein may be prorated for the time so assigned and worked. Temporary assignment pay shall not be applied when an employee is on a leave of absence for any reason (e.g., vacation, sick, holiday, CTO, injury leave, military leave, and leave of absence without pay). This pay is pensionable under the City of Fresno Retirement System. a. Each Maintenance and Construction Worker in the Street Maintenance Division assigned to operate a street sweeper as part of a street maintenance project, and who possesses the appropriate valid California Driver’s License, shall be paid for that time at the lowest step in the Street Sweeper Operator * * * salary range which is at least five percent (5%) above the employee’s base rate of pay as a Maintenance and Construction Worker. Each Maintenance and Construction Worker assigned * * * in the Street Maintenance Division * * * assigned to the Concrete Crew or the milling * * * and paving machine as an assistant to the operator of said machinery shall be paid five percent (5%) above the employee’s base rate of pay while so assigned. b. Employees who perform pesticide/herbicide spray function for right- of-way, landscape maintenance, or aquatic areas shall receive an additional five percent (5%) of their base hourly rate of pay for the actual time spent applying pesticide/herbicide if they possess a valid Qualified Applicator Certificate issued by the Department of Pesticide Regulation. The City shall pay certificate renewal and maintenance fees. c. Each Parks Maintenance Worker I/II regularly assigned on a full- time, year-round basis to irrigation work shall receive an additional five * * * percent (5%) of their base hourly rate of pay for each full pay period while so assigned. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 36 d. Each Utility Leadworker assigned to * * * Graffiti * * * Abatement, shall be paid two * * * percent (2%) above their base rate of pay while so assigned. 10. Bilingual Certification Program a. The bilingual certification program consists of a City administered examination process whereby employees may apply for a bilingual examination, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. b. Bilingual certification examinations will be conducted on an as needed basis. Examination applications will be available at the Personnel Services Department and City department personnel units. Effective upon approval of this MOU, in order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. Employees who fail to recertify will no longer receive bilingual premium pay. c. This bilingual certification program is not subject to the grievance or appeal process. d. Department directors or their designees, shall annually designate those positions or assignments for which bilingual skills are desired. This may result in the loss of bilingual designation and pay for those positions or assignments not selected. e. Bilingual certification examinations are conducted for languages as outlined in the Salary Resolution. f. The bilingual premium pay rate for certified permanent employees is one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified. This pay is pensionable under the City of Fresno Retirement System. g. Certified employees may interpret/translate for departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need, and has obtained approval from the certified employee’s supervisor. h. Certified employees shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary action. Certified employees may be assigned to any incident or investigation requiring their bilingual skills, and may be required to prepare written reports related to the incident or investigation. The objective of this MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 37 policy will be to utilize department resources in the most efficient way possible. i. Except in the event of an emergency as determined by management, bilingual employees who are not certified shall not be required to interpret/translate. G. HEALTH AND WELFARE 1. Health Insurance - City Health Plan - Employee Options a. The City and the Union agree that the Fresno City Employees Health and Welfare Trust (“Trust”) has the authority to determine the health insurance benefits that will be provided to City employees. The City's sole obligation for an employee’s health insurance shall be to * * * provide a set percentage of the total premium for such benefits to be contributed to the Trust by the City per employee on behalf of employees represented by the Union. * * * The City contribution of the total premium shall be seventy percent (70%) and the employee share of the total premium shall be thirty (30%). Employees may opt to contribute the employee share through payroll deductions to make up the difference between the total premium and the City contribution to receive the maximum benefit coverage provided under the Trust, opt not to contribute the employee share and accept a reduced coverage option, or opt out of the City’s Health and Welfare plan pursuant to Article VII, Section G, subsection 2 below. b. Should any other represented bargaining unit in the City negotiate a successor MOU, or extend the period of an MOU, or have terms imposed resulting in a greater contribution by the City, upon the Union’s request, the City will match that benefit. c. The City will meet with Local 39 and other City bargaining units to discuss an alternative health care plan and/or to modify the Health and Welfare Trust agreement, provided that no changes will be made unless all represented bargaining units agree. * * * 2. Other Insurance Contribution (Opt Out Benefit) a. With proof of other insurance, employees may opt out of enrolling in the City’s Health and Welfare plan if enrolled in a health plan outside of the City, such as a spousal plan. The City shall contribute up to three hundred dollars ($300) per month for each employee electing not to enroll * * * in the City’s Health and Welfare MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 38 plan * * *. The City contribution shall not exceed the health premium the employee is paying. b. Eligible employees (i.e., with proof of other insurance) may enroll in * * * the City’s Health and Welfare plan upon: (1) employment with the City; (2) within thirty (30) days of a qualifying event; or, (3) during the open enrollment period for the Health Plan. c. On an annual basis during the month of November, employees electing to opt out of the City’s Health and Welfare Plan * * * will be required to submit proof of other insurance to the Personnel Services Department. * * * If * * * other insurance is discontinued for any reason at any point, the employee must notify the Personnel Services Department immediately. If other insurance is discontinued or the employee does not provide proof of other health insurance annually during the month of November, the employee will automatically be enrolled in the City’s Health and Welfare Plan and will not be eligible to opt out of the City’s Health and Welfare Plan during the respective plan year unless they have a qualifying event and submit proof of other insurance within thirty (30) days of the qualifying event (including, but not limited to, birth or adoption of child, marriage and/or divorce, or loss of other coverage). Otherwise, the employee may opt out during the open enrollment period for the Health and Welfare Plan with acceptable proof of other insurance. d. Acceptable proof of other health insurance will be * * * presenting documentation showing proof of other insurance contribution amount and presenting a current insurance identification card bearing the employee’s name or proof of the employee’s eligibility from the insurance provider. In both cases, acceptable proof of other health insurance for purposes of this provision must include the City employee’s name. H. LEAVES 1. Holidays a. Except as may be modified in this Section, Holidays shall be governed by FMC Section 3-116: MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 39 • January 1 • The third Monday in January • The third Monday in February • The last Monday in May • July 4 • The first Monday in September • November 11 • Thanksgiving Day in November • The Friday after Thanksgiving Day in November • December 25 • Employee's Birthday • Two (2) Personal Business Days (8 hrs. credited to holiday balance on the first month after Council approval of this MOU and thereafter 8 hours on July 1 and 8 hours on January 1 of each year.) • Any day or part of a day declared by the Council, by ordinance or resolution, to be a holiday. b. If January 1st, July 4th, November 11th, or December 25th falls upon a Sunday, the Monday following will be observed as the holiday, in lieu of Sunday. For employees who are regularly scheduled to work on Sunday, the holiday shall be observed on Sunday for purposes of compensation pursuant to subsection c. below. Except as expressly stated otherwise in this Section, employees will be required to work their regular schedule on a holiday unless they have an approved leave of absence. c. All employees will receive eight hours compensation for the above holidays with the following exceptions: (1) For work performed on a holiday which is a scheduled work day, an employee shall receive the employee’s regular salary (i.e., base pay rate) for the hours worked on that day, and will be credited with hours equivalent to the amount of hours worked (up to eight hours) of holiday leave. If the employee worked less than eight hours, the balance of the holiday hours will be paid. Employees on a 4/10 work schedule, who work ten (10) hours on a holiday, which is a scheduled workday, shall receive the employee’s regular salary (i.e., base pay rate) for the hours worked on that day, and will be credited with eight hours of holiday leave. If the employee worked less than ten hours, the employee will be credited with hours equivalent to the amount of hours worked (up to eight hours) of holiday leave. The balance of the holiday hours will be paid up to eight hours. The employee may elect to take an additional two hours from MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 40 a leave bank other than sick leave, or may elect to receive 2 hours of leave without pay (LWOP). (2) When a holiday falls on a regularly scheduled day off, employees will be credited with eight hours of holiday. (3) In addition to the holiday credit in Subsection (2), above, employees who are called in or scheduled to work a holiday, which is their regularly scheduled day off, will be compensated at time and one-half for a minimum of two hours, or for actual hours worked, whichever is higher. (4) Employees who are absent from duty on leave without pay or suspension without pay at the end of the employee’s shift before the recognized holiday will not receive compensation for the holiday, unless they actually work the holiday. This Subsection shall not apply to employees who are on leave without pay as a result of the unavailability of work. d. Effective May 19, 2014 employees’ holiday leave balances over forty-eight (48) hours were * * * placed in a non-accruing “special holiday leave bank.” e. Employees may cash out up to forty-eight (48) hours of leave from the special holiday leave bank each fiscal year. f. The maximum holiday leave accrual is forty-eight (48) hours. Any regular holiday leave accrued may be cashed out at any time. Any holiday leave accrued above forty-eight (48) hours will be automatically cashed out. g. Any balances of holiday leave or in the special holiday leave bank shall be paid to the employee upon separation from City service. h. Holiday leave from either holiday bank may be taken in increments of less than 8 hours. i. Employees of the Solid Waste Management Division will not be required to work on Thanksgiving, Christmas, or New Year’s Day. 2. Sick Leave a. Sick leave may be taken for absences from duty * * * in accordance with FMC Section 3-107. [§§ deleted] MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 41 b. Sick Leave Accrual - Employees shall accrue sick leave at the rate of eight (8) hours for each completed calendar month of employment. c. Administrative Order * * * 2-20, Sick Leave Policy, shall not apply to members of this Unit. Instead, Attendance Policy, Addendum I incorporated into this MOU shall apply, as well as the FMC, City administrative orders, policies, procedures, rules and regulations concerning leave usage and administration. In the event of any conflict, the provisions of Addendum I, Attendance Policy, shall apply. d. Upon retirement, Sick Leave * * * may be credited to an account for the employee under the City’s Health Reimbursement Arrangement in accordance with * * * Section J., below. e. Sick Leave Under Labor Code Section 233 - All employees will be allowed to use up to * * * half of their annual Sick Leave accrual per fiscal year for Protected Sick Leave in accordance with California Labor Code Section 233. * * * Protected Sick Leave, as described above, may be used under the following circumstances, and may be designated as protected time pursuant to state law at the employee’s discretion: • Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee. • Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child(a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis – this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild; or, MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 42 • For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). Any leave taken under these provisions which would also apply to other Sick Leave provisions (e.g., Protected Sick Leave and/or family and medical leave) would also count toward those provisions. f. Employees who terminate City employment and return within one year of such termination will be entitled to reinstatement of their sick leave balances at the time of termination from City employment, up to a total of 48 hours. 3. Supplemental Sick Leave On July 1, 2023, and each July thereafter of each fiscal year, employees in this Unit shall accrue Supplemental Sick Leave with an accrual limit of forty (40) hours per fiscal year and up to a total lifetime maximum of eighty (80) hours. Employees who have earned eighty (80) hours or more of Supplemental Sick Leave shall retain those hours but shall not accrue any additional Supplemental Sick Leave time. However, if an employee is absent from work on a leave without pay status on July 1st, the additional forty (40) hours shall be prorated and received upon the employee’s return to work. This Supplemental Sick Leave accrual may only be utilized if the employee has exhausted all other Sick Leave accruals, or as Protected Sick Leave as set forth in Article VII, Section H, Subsection 2.e. above. Upon separation from City service the accrued hours will be: 1. Placed in a Health Reimbursement Arrangement (HRA) in accordance with Article VII, Section J; or, 2. Cashed out at retirement or upon separation from the City if not eligible for participation in the HRA. Accruals shall be prorated for employees hired after July 1st. In the event the employee transfers to another unit, the accrued hours shall remain in the Supplemental Sick Leave Accrual Bank until retirement or separation from City service, at which time the employee may elect one of the options above. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 43 4. Vacation Leave Employees accrue vacation leave hours for each completed calendar month of employment as reflected in the table below. Employees with less than 10 years of continuous employment are allowed to accrue 340 hours of vacation leave, * * * employees with 10 years or more of continuous employment but less than 20 years of continuous employment are allowed to accrue 420 hours of vacation leave, and employees with 20 or more years of continuous employment are allowed to accrue 480 hours of vacation leave. Years of Continuous Employment Accrual Rate (hrs./mo.) Less than 5 8 More than 5 but less than 8 10 More than 8 but less than 14 11.33 More than 14 but less than 20 13 More than 20 15 Employees are encouraged to utilize earned leave for vacation purposes on a scheduled basis. If on October 31 of each year, an employee has a balance of two hundred forty (240) or more hours of vacation, the employee may in November of that year request a cash payment of up to forty (40) hours of any vacation accrual that employee has acquired prior to the December payroll period. An employee who, in accordance with the Attendance Policy attached to this Memorandum of Understanding as Addendum I, has incurred anything greater than the 4th incident at the point in time in which the cash out is available is ineligible to receive a cash out. 5. Fatigue Fatigue Time is allowed to afford an employee the opportunity to rest because: 1. The employee has been required to work in excess of four hours of overtime. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 44 AND 2. The overtime was completed with less than eight hours before the start of the employee’s next regularly scheduled shift. Fatigue Time allows an employee at least eight hours in which to rest before being required to report to the regularly scheduled shift. On those occasions where a situation does not lend itself to the above policy, Fatigue Time will be considered by the Department Director or designee upon recommendation from the employee’s supervisor. In recognition of the above, if an employee who is authorized Fatigue Time, time such time shall be deducted from the employee’s Compensatory Time Off, Vacation bank or Sick Leave, whichever the employee chooses, with no penalty to the employee. If the employee does not have enough hours in their Compensatory Time Off, Vacation bank or Sick Leave to pay for sleep time, the employee may take the time as unpaid, with no penalty to the employee. [§ deleted] I. STATE DISABILITY INSURANCE (SDI)/PAID FAMILY LEAVE (PFL) 1. Employees who are members of this Unit have been enrolled in the * * * SDI/PFL * * * coverage plan pursuant to an Agreement dated by the parties on May 7, 2007 2. Employees shall file claims in the same manner as required under the SDI/PFL Plan. 3. The City shall maintain SDI/PFL through employee payroll deductions to be funded by employee contributions. 4. All employees with an approved SDI/* * *PFL* * * claim must notify the City within fourteen (14) calendar days of the claim date and fill out a form made available by the City indicating whether or not the employee desires to integrate leave with the claim. Extensions beyond fourteen (14) calendar days due to exigent circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis by the Director of Personnel Services or designee. Eligible Employees who are absent from duty and are receiving SDI/PFL benefits who are eligible to use Sick Leave, Vacation Leave, Holiday Leave, Compensatory Time Off or other available leave banks the employee is MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 45 authorized to use, shall be eligible to integrate a portion of their individual leave balances with SDI/PFL benefits as noted below. Integrating Sick Leave balances is defined as the SDI/PFL benefit and the monetary value of the employee’s leave balances added together to provide a bi-weekly net income which shall be no more than 100 percent of the employee’s normal biweekly gross wages (excluding overtime pay) immediately prior to the start of the disability period. Integrating leave balances with SDI/PFL benefits will continue only if leave balances are available and the employee remains eligible to receive SDI/PFL benefits. 5. An employee who has elected to integrate leave balances will be considered to be in paid status for the purpose of accumulation of leave and other benefits. An employee electing to integrate must first use available Sick Leave before integrating other eligible leave banks. * * * If the employee chooses not to integrate leave or has no available balances, then the employee will be in a Leave Without Pay (LWOP) status. 6. An employee who is receiving SDI/PFL who has exhausted all other leave balances and has received donated time in accordance with City policies, may use donated time in conjunction with SDI/PFL benefits. Use of donated time shall be in accordance with the provisions of this section. 7. Employees who elect to integrate must provide Payroll with a copy of the Notice of Computation from the State of California Employment Development Department (EDD) within fourteen (14) calendar days of the issue date, and are required to authorize EDD to share benefit computations with the City when filing the initial claim form(s). Extension beyond fourteen (14) calendar days due to exigent circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis by the Director of Personnel Services or designee. [§ deleted] If an employee does not provide information on SDI/PFL benefits within fourteen (14) calendar days of the issue date of the Notice of Computation, no integration will occur. Integration will not be provided for any period before the City receives notification of SDI/PFL benefits, including retroactively, and the employee provides signed notification that the employee wants to integrate, unless exigent circumstances apply. 8. Initiating integration of accrued leave with SDI/PFL benefits shall be subject to the following conditions: MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 46 a. Any period of absence during which an employee is receiving SDI/PFL benefits but is not * * * integrating leave shall be deemed a leave of absence without pay. b. Service credits toward seniority, step increase eligibility, and probation periods shall be in accordance with the MOU and City policies/procedures. c. If an employee exhausts all available leave balances but continues receiving SDI benefits, the City’s compensation shall cease. d. The City shall continue contributions toward the employee’s health and welfare benefits and retirement contributions in accordance with established laws and practices during the pay periods that include leave payments by the City. The employee shall be responsible for payment of premiums required to maintain health and welfare benefits when City contributions cease in accordance with established laws, policies and practices. e. Eligible permanent part-time and permanent intermittent employees shall be included in this program on a pro-rata basis. 9. If elected as described above, integration will end upon notification from the employee that SDI/PFL benefits have terminated; the employee exhausts all leave balances and/or donated time resulting in LWOP status; the employee’s return to work; or, the employee’s separation from City employment, whichever comes first in time. 10. In the event the City determines that legislative, administrative, or judicial determinations cause changes which in any way restricts, reduces, or prohibits any provision of this Agreement, the parties shall immediately meet to discuss necessary amendments and/or modifications. J. HEALTH REIMBURSEMENT ARRANGEMENT (HRA) The City currently maintains a Health Reimbursement Arrangement (HRA) that qualifies as a "health reimbursement arrangement" as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRA’s. The City agrees to maintain the HRA such that it will continue to qualify as a health reimbursement arrangement for the term of the MOU. At service retirement, or at a disability retirement * * * if the employee is otherwise eligible for service retirement, employees who have used eighty (80) hours or less of sick leave and/or vacation leave used for sick time (excluding only hours used for bereavement leave and/or statutorily protected leaves such as workers’ compensation leave, Protected Sick Leave, Family & Medical Leave Act, and MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 47 California Family Rights Act Leave) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used solely to pay premiums for medical insurance (including COBRA premiums) and qualified medical expenses as defined in Internal Revenue Code Section 213(d), and further detailed in Internal Revenue Service Publication 502. The "value" of the account shall be determined as follows: • The number of accumulated sick leave hours in excess of 240 hours at the time of retirement multiplied by 80% of the employee’s then current hourly base rate of pay. • The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the * * * Salary Resolution, multiplied by twelve (12) months then divided by 2,080 hours. At the City’s option, the HRA accounts shall be book accounts only – no actual trust account shall be established for any employee. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City’s Investment Portfolio (provided that such yield is positive). The HRA accounts shall be used pursuant to the City of Fresno Retiree HRA Plan Document * * *. Once a participant’s account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant’s spouse, and the participant’s dependents die before the participant’s account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, employees shall not be allowed to cash out any accumulated or accrued sick leave at retirement. K. UNIFORMS, SAFETY SHOES, AND PRESCRIPTION SAFETY GLASSES 1. Uniforms The system for providing and maintaining uniforms for all employees in this Unit, where applicable, shall be maintained for the duration of this Agreement. The cost of the uniforms shall be shared by the City and employees as specified in Administrative Order 3-6. 2. Safety Shoes * * * Safety shoes for employees in Unit 1 shall be governed by the City of Fresno Illness and Injury Prevention Program (IIPP) and shall meet the Cal OSHA General Industry Safety Order Foot Protection standards outlined in Title 8, Section 3385. * * * The City will provide a voucher for employees in this Unit who are authorized or required to wear safety shoes MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 48 for two hundred fifty dollars ($250) for the purchase of safety shoes, or the value of one (1) pair of approved shoes, whichever is less. * * * Employees in classes and assignments who are required to wear Electrical Hazard rated or Chemical-Resistant safety shoes may be issued * * * a voucher of up to three hundred dollars ($300) for the purchase of one (1) pair of safety shoes per voucher. In either event, the employee shall pay any cost in excess of the amount of the voucher. Employees provided with safety shoes, which shall be used for the express purpose of City business, may request a voucher for replacement safety shoes when the safety shoes are no longer serviceable as verified by the supervisor. When the employee obtains new safety shoes, the safety shoes that are no longer serviceable shall be turned in to the employee’s immediate supervisor. 3. Prescription Safety Glasses Employees who are required to wear prescription glasses and are required to wear protective eyewear in the performance of job duties pursuant to the City of Fresno IIPP shall be reimbursed for the purchase of prescription safety glasses up to one hundred twenty-five dollars ($125) annually. Employees requesting reimbursement for the purchase of prescription safety glasses must complete a Travel and Expense Reimbursement form provided by the Finance Department, obtain signature of the appointing authority or designee, attach proof of payment of prescription safety glasses, and submit the form to their department within ten (10) calendar days of incurring the cost. L. PARKING RATES Parking rates for employees in the downtown area will be $15.00 per month for general parking and $20.00 per month for an Official Vehicle Permit, as referenced in the Administrative Orders, which from time to time may be amended. M. WORKERS’ COMPENSATION 1. Notwithstanding the provisions of the FMC Section 3-118, an employee who suffers or has suffered an injury in the course and scope of City employment shall receive 66.67% of average weekly earnings in the fifty-two (52) weeks prior to the injury from the City, beginning on the fourth day of such absence, unless hospitalized on the first day for at least 24 hours, or unless the absence exceeds 14 days, in which case, the employee shall receive the pay provided in this Section from the first day. Except as modified herein, the provisions of FMC Section 3-118 shall apply. Should the State MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 49 mandated workers’ compensation rate of payment be adjusted, the City and the Union will have a limited reopener to adjust the rate accordingly. 2. In the event City pay is not provided during the first three days of absence due to such injury, the employee may, at the employee’s option, take sick leave for that period. N. HOURS OF WORK AND SCHEDULES 1. General a. The workweek for the City begins on Monday at 12:01 a.m. and ends the following Sunday at midnight. The workday starts at 12:01 a.m., and ends 24-hours later at midnight. The standard/normal workweek work schedule is a 5/8 consisting of five-(5) days of eight-(8) hours each, excluding a meal period. b. Work schedules (includes days off and meal periods) are established by individual departments/divisions, solely at management’s discretion, based upon the need to provide service to the public, other City departments, and/or other operational efficiency requirements. If requested by either party, the City and the Union agree to meet and consult prior to implementation of new work schedules. c. Employees shall receive a one (1) hour or a one-half (½) hour meal period, without pay, each day and a fifteen (15) minute paid rest period during the first half of the workday and a second fifteen (15) minute paid rest period during the second half of the workday. Meal periods and rest periods are scheduled by departments/divisions according to the needs of the department/division. If an employee is required to work during the employee’s meal period, with the approval of the employee's supervisor, and if no alternate meal period is taken, said time shall be compensated at the applicable hourly rate of pay if the time worked exceeds that of the employee’s normal schedule/shift. The City retains the exclusive right to control the use of City-paid break periods, and exclusive control of the use of City vehicles at all times. d. Employees whose duties require it shall be allowed a reasonable amount of time for a personal clean-up period prior to the end of each work shift. e. With 72-hours’ notice to affected employees, departments/divisions may temporarily modify an employee’s regular schedule to address special service needs, employee training and/or cross-training, and MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 50 backlog and/or workload concerns. Said temporary modification shall not result in the loss of night shift premium pay. 2. Daylight Savings Hours At the Union’s request, the City agrees to meet and confer regarding changes in working hours during daylight savings time. Any employee regularly scheduled to work, and who does work a shift during which a change from Pacific Standard time to Pacific Daylight time, or vice versa, occurs, will be paid for actual hours worked at the applicable hourly rate. 3. Alternate Work Schedules a. Department directors or designees shall be solely responsible for determining and designating divisions/units/sections/specific job classes within their respective departments that may implement variations to the standard/normal work schedule. A minimum of 30 calendar-days written notice shall be provided to affected employees, the Labor Relations Division and Local 39. b. Alternative work schedules may be necessary in order to provide minimum staffing, and/or based upon the service needs of the public/other City departments, and/or other operational efficiency requirements. It is expressly understood that position assignments, by classification, staffing levels, work schedules, meal periods, and days off are determined solely by management, and are subject to change based on, and including but not limited to, varying workload, the additional of authorized staffing, and department operational and service needs. (1) If established, employees shall select a 5/8 or 4/10 work schedule according to department/division selection processes. Absent sufficient selections, management will assign employees to a 5/8 or 4/10 work schedule, or combination thereof. (2) Except for emergencies, employees working a 4/10 schedule, or who have days off other than Saturday and Sunday, shall schedule all medically-based appointments on off duty time. c. The hours for employees working a 5/8 shall consist of five (5) eight hour days with two (2) consecutive days off * * *. The hours for employees working a 4/10 shall consist of four (4) ten hour days with three (3) days off, of which two (2) of the days off will be consecutive. Scheduling of days off shall be determined by management. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 51 d. Departments/divisions may discontinue alternative work schedules at any time if it is determined by management that they detrimentally effect operations and services. Thirty (30) days advance notice shall be given in writing to affected employees, the Labor Relations Division and Local 39. The decision to discontinue alternative work schedules is not appealable or grievable. If departments/divisions discontinue alternative work schedules established under this Subsection, employees will revert to 5/8 standard/normal work schedules as determined by management. e. Except as detailed in the paragraph below, applicable Unit Agreement provisions, Salary Resolution, FMC, and Administrative Orders concerning alternative work schedule (i.e., 4/10) limitations on overtime, holidays, leave accrual and usage, sick leave accrual and usage, and night shift premium pay shall govern. An employee on a 4/10 work schedule who is off on a holiday, which is a regularly scheduled workday, shall receive eight (8) hours pay for the holiday, and may elect to take two (2) hours vacation, holiday, or CTO for a full ten (10) hours pay, or may elect to receive two (2) hours leave without pay (LWOP). Absent an employee request or election, division payroll will deduct the two (2) hours from available vacation, holiday, or CTO balances prior to any deductions for LWOP. O. PERSONNEL MATTERS 1. Personnel Files a. The * * * Personnel Services Department, under the direction of the Director of Personnel Services, shall maintain the official personnel file for each employee. Each employee may review, or authorize in writing its review by a designated representative, subject to reasonable rules and regulations, and receive a copy of all material placed in either the employee’s official file or departmental file. If an employee disagrees with the content of a document placed in either file, it shall be the right of the employee to submit a response to the Director of Personnel Services to be attached to the document in question and included in the appropriate file. Personnel files are considered confidential and access is limited. b. Documents, including performance evaluations, retained in the employee’s departmental file shall be forwarded to the employee’s new department if the employee transfers, promotes, or demotes. The file should be forwarded to Human Resources when the employee leaves City service. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 52 c. Inquiries regarding employment references shall be administered in accordance with existing City policies. 2. Employee Performance Evaluations a. Each City department shall have the right to conduct employee performance appraisals on a department-wide basis for all employees at the discretion of the appointing authority. b. Employees on probation shall receive performance evaluations every three (3) months during the probationary period. c. Permanent employees shall receive performance evaluations at least once each year, normally near the employee’s anniversary date. d. Prior to modifying the Employee Performance Evaluation form (Local 39, Unit 1), * * * Labor Relations will notice Local 39 with an opportunity to meet and discuss the proposed evaluation form with the Union. * * * e. An employee who disagrees with a performance evaluation may within fourteen (14) calendar days from the date of the performance evaluation: (1) Write a rebuttal statement for attachment to the performance evaluation form; and/or (2) Request further review with the supervisor of the reviewer, but in no case higher than the department head or designee. f. Requests for review of employee performance evaluations are not subject to the grievance procedure. g. It is understood that evaluations for non-probationary employees are not to take the place of disciplinary/corrective actions as outlined in Administrative Order 2-14. 3. Transfer Requests Transfers shall be governed by appropriate provisions of the FMC, including, but not limited to, Sections 3-261, 3-262, and 3-274. 4. Flexible Staffing MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 53 [§§ deleted] * * * Flexible staffing will be in accordance with * * * Administrative Order * * * 2-10 * * *. * * * Flexible staffing is used to designate classes in a promotional series in which both the entry and journey level classes are assigned the same kinds of duties, the difference being the range of duties performed, the level of skill required, and the amount of supervision received. Flexible staffing allows departments to hire at the lower level class in the series, provide on-the-job training, and to promote to the next higher level in the series once the experience requirements have been met, the full range of duties are being satisfactorily performed and upon recommendation by the Appointing Authority (i.e., Department Director). 5. Suspension of Competition Suspension of Competition shall be in accordance with FMC Section 3-268. * * * [§ deleted] 6. Layoffs The department director, with the approval of the City Manager's Office, may reduce the number of employees in the department to address budget concerns or a decrease in the workload, by laying off employees in any job classification in which the department director determines a reduction is necessary. This Section does not apply to temporary layoffs because of inclement weather or lack of work. a. Layoffs will occur in the following order: (1) Temporary Employees (2) Provisional/Limited Employees (3) Probationary Employees (4) Permanent Intermittent Employees (5) Permanent Part-Time Employees (6) Permanent Full-Time Employees b. Seniority - When the layoff must be of one or more employees in the same job classification, the layoff shall be done by reverse seniority (i.e., last hired, first laid off, within that job classification). MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 54 For the purposes of layoff, seniority in job classification is defined as continuous time in service in the job classification. An employee accrues seniority from the time the employee is appointed to a position in the job class. In the event of a tie, rank on the City-wide employment list for the classification will be used to break the tie. In the event there is still a tie, total continuous time as a permanent City employee will be used to break the tie. In the event there is still a tie, a mutually agreed random method will be used to break the tie. If a random method is used, affected employees will be offered an opportunity to observe. If the employee cannot attend the scheduled time or refuses to attend, the tie breaker will proceed as scheduled. c. Transfer and\or Demotion (Bumping) (1) An employee subject to layoff shall be transferred to a vacant position in the same job classification in another department if such a vacancy exists. In the event no vacancies in that job classification exist, an employee subject to layoff in one department who has greater seniority than one or more employees in the same job classification in another department shall be transferred to the position held by the least senior employee in such classification, and the least senior employee shall be subject to layoff ("bumped"). This provision shall be subject to a limited reopener in the event that FMC Section 3-291 is modified in regard to department and/or City-wide layoffs. (2) In the event an employee subject to layoff does not qualify for a transfer pursuant to Subsection c.(1) above, and the employee has previous service as a permanent employee in a lower job classification, and the employee’s employment by the City has been continuous, the department director shall demote the employee subject to layoff to a position in that lower class. Layoffs that may become necessary due to demotions or transfers pursuant to this Subsection c. shall be governed by the same regulations herein. This provision shall be subject to a limited reopener in the event that FMC Section 391 is modified in regard to department and/or City-wide layoffs. (3) In the event an employee is demoted to a lower classification pursuant to Subsection c.(2) above, that employee shall have all time in classification the employee is being demoted from and all time in the classification the employee is returning to counted towards seniority in the lower classification. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 55 (4) A permanent non-probationary employee transferred or demoted pursuant to the provisions of Subsection c. (except Subsection c.(5) below) shall not be required to serve a probationary period in the employee’s new job classification. A probationary employee transferred or demoted pursuant to FMC Section 3-291 shall serve the probationary period, subject to the same conditions of probation, as a new employee appointed to the job classification from an eligible list. (5) Any employee subject to layoff who does not qualify for a transfer pursuant to Subsections c.(1) or (2) above may submit a written request to the Director of Personnel Services to be considered for a transfer to any vacant position in a job classification for which the employee meets the minimum qualifications (as determined by the Director of Personnel Services), provided that such job classification has an equivalent or lower salary range (i.e., the E step of the pay range is not more than two percent (2%) higher than the E step of the employee's current pay range). The employee may be transferred to the vacant position with the approval of the director of the department where the vacancy exists. Employees transferred under this Subsection will be required to serve the probationary period for the new job classification. FMC Section 3-249 provides that an employee may file a written request for the review of the decision by the Director of Personnel Services that the employee does not meet the minimum qualifications of the position to which the employee has requested a transfer. (6) Employees assigned to another department or division will be subject to the seniority rules of the department/division for purposes of shift, vacation and days on and off. d. Reinstatement List - Any employee holding an appointment in a permanent position who, for reasons of economy, lack of work, budget cuts, or departmental reorganization, has been laid off, transferred or demoted from that position, shall be entitled to be placed on a reinstatement list for the job classification from which they were laid off, transferred or demoted. In the event two or more employees are laid off, transferred or demoted from the same job classification, their placement on the reinstatement list shall be determined by their comparative seniority within that job classification. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 56 (1) As provided in FMC 3-250 and 3-252 (a)(1), an individual on the reinstatement list shall have priority over candidates on an eligible list for vacancies in the job classification from which the employee was laid off, transferred or demoted. An individual's name will remain on the reinstatement list for a period of two (2) years following the effective date of the layoff, transfer or demotion or two (2) refusals of a vacant position in the classification. (2) An individual, whose name has remained on a reinstatement list continuously for more than two (2) years without reinstatement, shall no longer have priority over candidates on an eligible list, and shall no longer have any right to reinstatement in any position in the job classification for which the reinstatement list was established. e. Reinstatement - Upon reinstatement from a reinstatement list, as provided in Subsections d. and (1) above, an employee shall receive full credit for all of the employee’s service with the City as it relates to salary and vacation accrual, and shall be credited with all unused sick leave hours the employee had at the time of separation from City service. (1) Any employee, who did not complete the probationary period, and achieve permanent status prior to placement on the reinstatement list, shall serve a full probationary period commencing from the date of the employee's permanent appointment from the reinstatement list. (2) Upon reinstatement from a reinstatement list an employee will resume membership in the Fresno Employees' Retirement System, and receive service credit for all City service, provided that the employee was vested in the Retirement System and did not withdraw contributions to the System at the time of the layoff, or repays previous contributions pursuant to FMC Section 3-534. An employee who elects to not repay previous contributions, or who was not vested in the System at the time of the layoff, shall receive service credit for only that service subsequent to reinstatement for the purposes of retirement benefit calculations. 7. Seniority This seniority Subsection shall apply to work shift selection and vacation scheduling for permanent employees in the absence of clearly established departmental policies, practices, or procedures. This Subsection shall not MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 57 preclude any department from establishing policies, practices, or procedures on seniority as applied to work shift and vacation scheduling. In the absence of a department policy, practice, or procedure, the following shall be used to determine seniority. a. Seniority shall be defined as seniority in a class based on an employee's length of continuous service as a permanent employee in their present class. Seniority shall not be applied to temporary, provisional or acting status employees. Permanent employees in temporary, provisional, or acting positions will continue to accrue seniority as if they were in their regular permanent position. b. Continuous service shall include all time in the employee's present class * * * and shall not include any time spent under suspension from duty, demotion to another class, * * * on any leave of absence without pay as defined in FMC Section 3-104, or separation from City service. A military leave of absence shall not be considered a break in service. 8. In Lieu Suspension for Disciplinary Action By mutual agreement between the department director or designee and the employee, an employee suspended from duty without pay may forfeit accumulated holiday, CTO, and/or vacation credits equal to the number of hours of suspension in lieu of suspension. If the suspension is reduced or reversed at the conclusion of the appeal process, the City shall reinstate the forfeited credits. The provisions of this Subsection shall not be subject to the grievance procedure. 9. Labor-Management Committees (LMC’s) The City and Union acknowledge the importance of the development, implementation, and maintenance of LMC’s in divisions throughout the City. The parties agree to foster and provide guidance for the establishment and ongoing maintenance of LMC’s. The parties understand and agree that LMC’s do not have the authority to "meet and confer" regarding issues that are within the mandatory scope of bargaining. The Subsections below shall serve as minimum guidelines for LMC’s throughout the City. a. LMC’s shall be responsible for determining committee composition. However, LMC’s may be composed, at a minimum, of the Assistant Department Director, a representative selected by the Business Agent for Local 39, the division manager, two supervisory/management members, two Unit members, and one MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 58 member to function as the LMC’s secretary/record keeper. LMC’s shall meet regularly, but no less than once per month. LMC members shall be given forty-eight (48) hour notice for nonemergency meetings that are not part of the regular/routine LMC meeting schedule. b. LMC’s shall be responsible for establishing, publishing and communicating, including any amendments thereto, LMC procedural, committee composition, and subcommittee guidelines to their division staff. The primary purpose of LMC’s is to discuss and evaluate matters and concerns pertinent to the applicable division and/or the division’s employees. In addition, LMC’s understand that safety issues and concerns, including topics for tailgate meetings as well as changes in work rules, will be referred to the divisional safety committee. 10. Contracting Out The City retains the right to contract out any services performed by members of this Unit. The City agrees to notify the Union when considering contracting out of services normally performed by members of this Unit which do not directly affect or displace members of the Unit due to growth or expansion. a. The City shall notify the Union of its intent to request proposals for the contracting out of City services when those services are currently being performed by employees of this Unit. This notification will occur thirty (30) * * * calendar days before the request for proposals is issued. The Union agrees that the City needs to be competitive with the private sector. Both parties acknowledge that members of the Unit have valuable experience and expertise in the provision of municipal services and in that regard are desirous of including Unit members in preparing and reviewing service delivery options and cost comparisons in an effort to enhance the City's ability to be competitive with the private sector in all areas to which Unit members are assigned. In the event the award of services to third parties results in the layoff of employees of this Unit, the parties shall meet and confer on the impact of such a decision. b. The City agrees that before layoffs become necessary, it will use due diligence to accommodate employees displaced as a result of Council’s decision to contract out any of the services enumerated above. c. The City shall take all reasonable action to avoid layoff of employees providing the services to be contracted out, which action may include MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 59 but is not limited to, holding vacant positions in classes to which employees might be transferred, notifying employees subject to layoff of examinations being conducted by the City for placement of employees in positions for which they are qualified and administering noncompetitive, qualifying examinations to employees for positions to which they are eligible to transfer. [§§ deleted] 11. Americans with Disabilities Act (ADA), Family Medical Leave Act, California Family Rights Act (CFRA), Occupational Safety and Health Act (OSHA/Cal OSHA) and Workplace Violence The requirements mandated by these statutes have been established in City policies (Administrative Order manual and Injury and Illness Prevention Program handbook). 12. Probationary Period Except for those entry level classifications which do not achieve permanent status, all classifications in Unit 1, represented by Local 39 are subject to a probationary period of twelve months. Employees in flexibly staffed classes * * * shall serve * * * twelve months of probation * * * unless otherwise noted in the Salary Resolution. P. JURY DUTY AND COURT APPEARANCES 1. Jury Duty An employee who is assigned to a work schedule outside of the regular business hours of Monday through Friday 8:00 a.m. to 5:00 p.m. * * *, and who is required to attend any court in response to a summons for jury duty or while serving on a jury will be reassigned to a * * * Monday through Friday 8:00 a.m. to 5:00 p.m. * * * work schedule for the required time in jury duty, and night shift premium pay shall not be discontinued during the period of reassignment. * * * Within one-half (1/2) hour of release from jury duty, or as soon as possible thereafter, the employee shall notify their supervisor of their approximate return to work time. Employees are required to report to work during regular business hours preceding and immediately following jury duty and reasonable travel time unless prior authorization has been obtained from the employee’s supervisor which may include using applicable and available leave time and/or Leave Without Pay if no applicable and available leave balances exist. If an employee is dismissed from jury duty during the week, the department shall have the discretion to place the employee back in their regular work schedule for the MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 60 duration of the week, provided it does not result in overtime. All employees shall receive their regular wages or salary during the time they are required to be absent from the duties of their position to attend any court in response to a summons for jury duty or while serving on a jury, but shall pay over to the City any fees, including mileage allowances, received for such attendance or service. 2. Court Appearances The following rules shall apply to court appearances. a. If an employee receives a departmental notice or subpoena requiring a court appearance on the employee's regularly scheduled day off, or on vacation, or on a day off on compensatory time off which has been approved prior to notice and/or the employee's receipt of a departmental notice of subpoena, the employee shall have the option of: (1) standing by at home, when legally permitted, or, (2) appearing at the court, with a minimum of three (3) hours pay at one and one-half (1 ½) times the base rate of pay. During this three (3) hour period, if the employee is not required to appear in court, the employee may, at the option of the department, be required to perform duties as assigned. The employee shall be released from duty when the subpoena or notice is cancelled or the court releases the employee. b. If an employee receives a departmental notice or subpoena requiring a court appearance on a regular day of work which falls outside of assigned work hours, the employee shall have the option of: (1) standing by at home, when legally permitted, or (2) appearing at the court, with a minimum of two (2) hours pay, at one and one-half (1 ½) times the rate of pay. During this two (2) hour period, if the employee is not required to appear in court, the employee may, at the option of the department, be required to perform duties as assigned. (3) If the court appearance starts within one-half (½) hour immediately following assigned work hours, the employee shall receive a one (1) hour minimum. If the court appearance falls during assigned work hours and continues beyond the end of the shift, the employee shall be paid at the applicable hourly rate for the actual time spent in court. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 61 c. The provisions of Subsection 2., above shall apply to employees who are required to appear in any judicial or administrative proceeding as a witness pursuant to subpoena, court order, or by request of the District Attorney. Section O. of this Agreement shall apply to all judicial proceedings (civil, criminal, or administrative) and Civil Service proceedings in which an employee's presence is ordered, directed, or requested by the City because of the employee’s employment. d. Where an employee's appearance extends beyond the applicable two (2) or three (3) hour minimum, the employee shall be paid the employee’s base hourly rate of pay. e. Any employee regularly scheduled to a work schedule other than Monday through Friday may have their schedule changed to Monday through Friday until the employee’s court appearance obligations are completed. Q. SPECIAL RULES FOR THE SOLID WASTE MANAGEMENT DIVISION 1. Residential Solid Waste Work a. Residential Solid Waste work is performed by assigned routes, the actual work upon which may vary according to the amounts of material placed out for collection by the customers, and is not fully subject to work planning. The work includes such collection and varied duties including, but not limited to, the collection of special pickups, skips, disposal of the day’s collected material at disposal site, return and check-in at the dispatch office, and participation in any necessary briefing or training sessions. b. During the week of Thanksgiving, routes for Thursday and Friday will be shifted to Friday and Saturday. Drivers, who complete their assigned route in less than ten hours on Saturday of Thanksgiving week, will be paid for a full shift at one and one-half times the hourly rate. Drivers who do not work full ten-hour shifts on the Tuesday and Wednesday of Thanksgiving week due to unscheduled absences will not be eligible to work on Saturday. c. On those weeks when Christmas Day and New Year’s Day fall on a regularly scheduled week day, the routes scheduled on Christmas and New Year’s Day and the routes after these holidays will be shifted by one day, to include Saturday. Drivers who complete their assigned route in less than ten hours on these assigned Saturdays of the weeks of Christmas and New Year’s Day, will be paid for a full MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 62 shift at one and one half times the hourly rate. Drivers who do not work full ten-hour shifts any day of the week of Christmas Day (December 25) due to unscheduled absences will not be eligible to work on the Saturday after Christmas. Drivers who do not work full ten-hour shifts the week of New Year’s Day (January 1) due to unscheduled absences will not be eligible to work the Saturday after New Year’s Day. 2. Routes and Quality Control Route perimeters shall be structured and restructured at the discretion of the City; however, the City will include division employees in the deliberations prior to implementing any changes. Both parties acknowledge that division employees have valuable experience and expertise in the provision of municipal services, and in that regard employees are expected to be active participants in preparing and reviewing service delivery options for their routes in an effort to enhance the City’s ability to be competitive with the private sector. Employees affected as a result of route perimeter restructuring shall not have the right to bump other permanently assigned employees. The City shall have the right to take necessary steps to ensure sound quality control. 3. Vacation Selection Selection of vacation shall be on the basis of date-of-hire seniority in the Solid Waste Management Division (SWMD). 4. Route Assignment Selection The following route assignment selection process applies to employees occupying the classes of Sanitation Operator. a. General - All employees selecting/bidding route assignments must be qualified to drive the assigned vehicle. It is the responsibility of all employees to possess and maintain a valid California Driver’s License (CDL) and Medical Certificate, and to inform SWMD of any change or incident with the potential for change to the employee’s CDL status. Failure to possess and maintain a valid license or certificate shall result in the employee being placed on a leave without pay status, and subject to possible corrective action up to and including termination for failure to qualify for the position. (1) “Floaters” are Sanitation Operators who do not have a permanent route. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 63 (2) Within six months of Council approval of the MOU, the City and Local 39 will meet to discuss possible adjustments of green waste routes based on seasonal workload variations. Route assignments may be modified if the parties reach mutual agreement. b. Open Permanent Routes - Permanent routes are considered open for selection/bidding when new routes are added or vacancies occur (due to movement to another permanent route, separation from City service, promotion, etc.). (1) Selection/bidding of open permanent routes shall be on the basis of seniority, by class. (2) Open permanent routes that do not get selected/bid for will be assigned by management to the least senior Sanitation Operator that is available. Once Sanitation Operators are awarded their selection/bid, or are assigned by management they shall not be eligible to select/bid for six (6) months for other open permanent routes that may become available. c. Nonpermanent Routes - Nonpermanent routes occur when a permanently assigned Sanitation Operator is absent from duty for any reason (e.g., days off, vacation, sick, injury, leave without pay, etc.). There are two types of nonpermanent routes (i.e., short term and long term). (1) General - The following applications apply to short term and long term selection processes. (a) The SWMD may assign employees to specific routes when no other qualified employee is available. If an employee so assigned is pulled from a route the employee selected/bid on and was awarded, then after the assignment is completed the employee will be allowed to go back to the route the employee was pulled from. (b) Employees must remain on the nonpermanent long- term route until the return of the permanently assigned employee, or until quarterly rebidding occurs on the first working day of January, April, July, and October. (2) Short Term Routes - This is a nonpermanent route situation of 40 hours or less, and the following assignment selection MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 64 process applies to floater employees occupying the class of Sanitation Operator. (a) Short term route assignments shall be assigned by management to the least senior Sanitation Operator. (3) Long Term Routes - This is a nonpermanent route situation of more than 40 hours, and the following assignment selection process applies to floater employees. (a) Selection/bidding of long term routes shall be on the basis of seniority, by class. (b) Long term routes that do not get selected/bid for will be assigned by management to the least senior Sanitation Operator that is available. 5. Drivers assigned to the Residential Waste division who are not available for their primary duties of driving a waste collection vehicle for a period of sixty (60) calendar days or more (as verified by documentation, such as a doctor’s note or other leave of absence form) when bidding for vacations and routes is in process (i.e., at the time of bidding), will not be allowed to participate in the bid. The sixty (60) calendar days calculation will start on the first day the Driver is stated to be unavailable to perform their primary duties of driving a waste collection vehicle, and end on the day the Driver is expected to return to perform their primary duties of driving a waste collection vehicle. All Drivers will be notified of the bid date at least two (2) weeks before vacation and route assignments are declared open for bidding. If and when a Driver returns to perform their primary duties of driving a waste collection vehicle, the Driver will be assigned as a floater and also allowed to bid on any unassigned routes. The Driver will be eligible to bid at the next scheduled bid as long as the Driver is not again unavailable for their primary duties of driving a waste collection vehicle for a period of sixty (60) calendar days or more. 6. These rules may be modified by mutual agreement of the parties during the term of the Agreement. R. WASTEWATER MANAGEMENT DIVISION 1. Except for permanent employees occupying the classes of Wastewater Treatment Plant Operator-in-Training, Wastewater Treatment Plant MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 65 Technician, and Wastewater Treatment Plant Specialist, seniority shall be defined as seniority in a class based on an employee's length of continuous service as a permanent employee in the employee's present class. a. Seniority shall not be applied to temporary or provisional/acting status employees. b. Continuous service shall include all time in the employee's present class. Continuous service shall not include any time spent under suspension from duty, demotion/transfer to another class, or on any leave of absence without pay as defined in applicable sections of the FMC. A military leave of absence shall not be considered a break in service. c. In the event seniority is equal, seniority shall be determined based upon the employee's standing on the eligible list for that class as prepared by the Personnel Services Department. In the event seniority is equal based on appointment to a journey level class (e.g., for a flexibly staffed series), seniority shall first be determined based upon the employee's appointment date to the entry level class. In the event the appointment date to the entry level class is also equal, seniority shall be determined by the employee's standing on the eligible list for the entry level class. d. It is expressly understood that shift assignments and staffing levels are determined by management, and are subject to change based on varying workload, the addition of authorized staffing, and operational and service needs. Such decisions shall not be appealable or grievable. 2. For permanent employees occupying the classes of Wastewater Treatment Plant Operator-in-Training, Wastewater Treatment Plant Technician, and Wastewater Treatment Plant Specialist, seniority shall be defined as seniority in this class series based on an employee's length of continuous service as an employee in the class series (i.e., date-of-hire in the series). Wastewater Treatment Plant Operator-in-Training shall not exercise seniority rights (i.e. shift bidding) until permanent status is achieved by being promoted. a. Seniority shall not be applied to temporary or provisional/acting status employees. b. Continuous service shall include all time in the class series. Continuous service shall not include any time spent under suspension from duty, demotion/transfer to another class outside of the series, or on any leave of absence without pay as defined in MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 66 applicable sections of the FMC. A military leave of absence shall not be considered a break in service. c. In the event seniority is equal, seniority shall be determined based upon each employee's standing on the eligible list for initial date-of- hire into the series as prepared by the Personnel Services Department. d. It is expressly understood that shift position assignments by classification and staffing levels are determined by management, and are subject to change based on varying workload, the addition or reduction in authorized staffing, and operational and service needs. Management may assign any employee occupying the class of Wastewater Treatment Plant Operator-in-Training to a particular shift or stall, move stalls to different shifts, and change the days off for stalls. In the event management determines fixed shift schedules detrimentally impact operational and service needs, management may discontinue fixed shift schedules with thirty (30) days advance written notice to the affected employees, and the Labor Relations Division. The decision to discontinue fixed shift schedules is not appealable or grievable. (1) If management discontinues fixed shift schedules, schedules shall revert to rotation through day, swing and graveyard shifts which were in existence prior to the establishment of fixed schedules. S. CLASSIFICATION AND COMPENSATION STUDY The City hereby agrees to conduct a comprehensive classification and compensation study, including but not limited to salaries, premium and certification pays, and classification structure regarding classes represented by Local 39, following recommendations to be issued by a subcommittee. The subcommittee shall be comprised of two (2) representatives from Local 39, one (1) representative from the City negotiating team, and one (1) representative from the City’s Personnel Services Department Classification and Compensation Division to identify the initial framework. The parties intend for the subcommittee to commence meetings by March 2023. The City will implement up to $2.9 million dollars in compensation adjustments based on the results identified by the classification and compensation study and mutually agreed upon and accepted by both parties and shall be implemented effective no later than December 30, 2024. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 67 ARTICLE VIII FEDERAL DRUG POLICY (FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT) Policy 1. A policy which summarizes the federal regulations required by the Federal Omnibus Transportation Employee Testing Act is distributed to all affected employees during training and orientation. 2. The parties have agreed that the Medical Review Officer (MRO) and the Substance Abuse Professional (SAP) will be those designated by the Risk Manager and that employees referred to these services as a result of the application of this policy will be tracked separately and the charges for services provided by the referred MRO and/or SAP billed directly to the City through the Risk/Safety Manager. The Risk/Safety Manager will be responsible for receiving all information related to the implementation of this policy and directing the applicable disciplinary action in coordination with the Director of Personnel Services or designee. 3. An observer not subject to random testing under this policy, designated by one of the affected labor organizations, will be invited by the Manager of the Risk/Safety Division to be present at the time the random list is generated. 4. Any disciplinary action taken by the City as a result of this policy will be subject to the applicable provisions of current MOU’s, Administrative Orders, and FMC concerning representation and hearing appeals process. Among the factors to be considered in determining the appropriate disciplinary action include the level of the offense, the nature and requirements of the work, length of employment, current job performance, and history of past disciplinary action. Pursuant to the provisions of FMC-3-605 (a)(5), the City reserves the exclusive right to determine the level of disciplinary action, utilizing the following guidelines: a. An employee who registers an alcohol breath level between .02 and .039 as a result of a random test will be immediately removed from the safety sensitive position for a period of eight (8) hours Federal Transit Administration (FTA) or twenty-four (24) hours Federal Motor Carrier Safety Administration (FMCSA) and placed on administrative leave with pay for the duration of the affected scheduled shift. An employee thus removed, may be subject to appropriate disciplinary action up to and including discharge for each such offense. b. An employee who registers an alcohol breath level of .04 or greater, or is determined to have a positive drug test as a result of reasonable suspicion, random selection, or post accident testing, may be referred to a SAP for MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 68 evaluation. Any employee permitted to undergo rehabilitation treatment as a condition of continued employment, must complete the treatment modality/program recommended by the SAP prior to resuming a safety sensitive function and participate in any follow-up protocol recommended by the SAP. The period of absence to complete the rehabilitation program will be charged to any available sick leave, vacation, or leave without pay, at the employee’s option. It is the employee’s responsibility to authorize and direct the SAP/MRO to keep the City informed of the progress of treatment. An employee who fails to inform the City concerning the status of treatment, refuses to undergo recommended treatment, does not complete the recommended program and follow-up protocol, or refuses to return to work after being released from rehabilitation treatment, will be subject to disciplinary action up to and including discharge. c. An employee who registers an alcohol breath level of .04 or greater, or is determined to have a positive drug test as a result of reasonable cause, post accident testing, mandatory follow-up testing, or refuses to submit to a drug or alcohol test, may be subject to disciplinary action up to and including discharge. Procedure for Random Testing [§§ deleted] The procedure for random testing is outlined in the City of Fresno Controlled Substances and Alcohol Testing Policy. * * * Reopener If the City proposes to change the corresponding City-wide random drug and alcohol testing policy, the parties agree to a limited reopener on the MOU policy agreement between the City and the Union. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 69 ARTICLE IX HEADINGS, SAVING CLAUSE AND FULL UNDERSTANDING A. HEADINGS Agreement article, provision, and paragraph headings (includes exhibits, addendums, attachments, agreements and side letters) contained herein are solely for the purpose of convenience, and shall not affect the construction or interpretation of any of the language of this agreement. B. SAVING CLAUSE In the event any article, section, or portion of this Agreement should be held invalid and unenforceable in any court of competent jurisdiction, such decision shall apply only to the specific article, section, or portion thereof specified in the court's decision, and upon issuance of such a decision, the City and the Union agree immediately to meet and confer upon a substitute for the invalidated article, section, or portion thereof. C. FULL UNDERSTANDING It is intended that this Agreement sets forth the full and entire understanding of the parties, and any previous understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety. With respect to agreements, any not attached to this Agreement are hereby terminated in their entirety. Agreements attached to this Agreement shall continue in force subject to the terms contained therein, or in the absence of specified terms the agreements shall terminate upon the expiration of this Agreement. Any agreements entered into during the term of this Agreement shall continue in force subject to the terms and conditions set forth in each agreement. Further, neither party shall be bound by any promise or assurance that is not explicitly covered in this Agreement, or in an agreement signed by both parties. MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 70 ARTICLE X TERMINATION This Agreement shall be in full force and effect from January 2, 2023 to June 15, 2025 subject to the Sections (A., B., and C. below). The only term set forth in this Agreement that is retroactive is the base salary increase. A. This Agreement shall become effective only after ratification by the members of this Unit, followed by City Council approval and the expiration of the waiting period for the Mayor’s action provided in Charter Sections 605 and 609, and after all parties named on the signature page of this MOU have signed the MOU, and shall remain in full force and effect through June 15, 2025. B. During the life of this Agreement, should either party desire to modify its terms or to meet and confer as to matters within the scope of representation not addressed in this Agreement, such party shall request in writing to meet and confer on the item, which item shall be specified in writing. C. During the life of this Agreement, either party may refuse any request to meet and confer without explanation if the item is directly considered and specifically addressed herein or if the specific item was included in a written proposal from the party making the request during the meet and confer process which led to this Agreement. D. REOPENERS In the event the City proposes revisions to the Fresno Municipal Code which relate to mandatory subjects of bargaining during the term of this MOU, the parties agree to engage in the meet and confer process in accordance with the law. [§§ deleted] MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 71 IN WITNESS WHEREOF, the parties hereto have set their hands this day of ___________________, 20 . FOR THE INTERNATIONAL UNION OF FOR THE CITY OF FRESNO: OPERATING ENGINEERS, STATIONARY ENGINEERS, LOCAL 39: BART FLORENCE Business Manager/Secretary TJ MILLER Chief Negotiator JEFF GLADIEUX President STEPHANIE HERNANDEZ Principal Labor Relations Analyst BRANDY JOHNSON Director of Public Employees YER TAYLOR Senior Human Resources/Risk Analyst TERRI HAUSCHEL Business Representative/Chief Negotiator STEPHANIE FOGLIO Senior Human Resources/Risk Analyst ROSEMARY AGUINALDO Shop Steward KEVIN DALE Legal Advisor JOSE AMELY Shop Steward DAVID FLORES Shop Steward NATHANAEL LOPEZ Shop Steward BRIAN NUNN Shop Steward DANIEL RUIZ Shop Steward BENJAMIN SANCHEZ Shop Steward APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY: __________________________ Supervising Deputy City Attorney MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 72 EXHIBITS EXHIBIT I Salaries Effective January 2, 2023 CLASS TITLE A B C D E Airports Building Maintenance Technician 3966 4166 4373 4591 4820 Airports Operations Leadworker 4633 4864 5108 5364 5632 Airports Operations Specialist 4212 4421 4642 4874 5117 Automotive Parts Leadworker 4212 4421 4642 4874 5117 Automotive Parts Specialist 3827 4019 4218 4431 4651 Aviation Mechanic I 5138 5397 5663 5949 6245 Aviation Mechanic II 5653 5934 6231 6544 6869 Aviation Mechanic Leadworker 6218 6528 6854 7196 7557 Body & Fender Repairer 5138 5397 5663 5949 6245 Body & Fender Repairer Leadworker 5653 5934 6231 6544 6869 Body & Fender Repairer Trainee 4632 4863 5107 5363 5630 Brake & Front End Specialist 5653 5934 6231 6544 6869 Bus Air Conditioning Mechanic 5138 5397 5663 5949 6245 Bus Air Conditioning Mechanic Leadworker 5653 5934 6231 6544 6869 Bus Air Conditioning Mechanic Trainee 4632 4863 5107 5363 5630 Bus Equipment Attendant Leadworker 4212 4421 4642 4874 5117 Bus Mechanic I 4632 4863 5107 5363 5713 Bus Mechanic II 5138 5397 5663 5949 6245 Bus Mechanic Leadworker 5653 5934 6231 6544 6869 Collection System Maintenance Specialist 4685 4919 5165 5422 5693 Collection System Maintenance Technician 4260 4472 4696 4929 5176 Combination Welder 5138 5397 5663 5949 6245 Combination Welder Leadworker 5653 5934 6231 6544 6869 Communications Technician I 4606 4837 5077 5331 5598 Communications Technician II 5077 5331 5598 5877 6171 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 73 EXHIBIT I Salaries Effective January 2, 2023 CLASS TITLE A B C D E Cross Connection Control Specialist 4922 5169 5426 5696 5980 Custodian 3145 3302 3467 3639 3821 Electronic Equipment Installer 3736 3922 4119 4324 4541 Equipment Service Worker I 3827 4019 4218 4431 4651 Equipment Service Worker II 4212 4421 4642 4874 5117 Fire Equipment Mechanic I 4632 4863 5107 5363 5630 Fire Equipment Mechanic II 5138 5397 5663 5949 6245 Fire Equipment Mechanic Leadworker 5653 5934 6231 6544 6869 Graffiti Abatement Technician 3776 3965 4166 4373 4591 Heavy Equipment Mechanic I 4632 4863 5107 5363 5630 Heavy Equipment Mechanic II 5138 5397 5663 5949 6245 Heavy Equipment Mechanic Leadworker 5653 5934 6231 6544 6869 Heavy Equipment Operator 4779 5020 5269 5534 5808 Instrumentation Specialist 5411 5683 5967 6265 6577 Instrumentation Technician 4922 5169 5426 5696 5980 Irrigation Specialist 4157 4365 4582 4811 5050 Laborer 3191 3338 3490 3650 3821 Light Equipment Mechanic I 4632 4863 5107 5363 5630 Light Equipment Mechanic II 5138 5397 5663 5949 6245 Light Equipment Mechanic Leadworker 5653 5934 6231 6544 6869 Light Equipment Operator 4212 4421 4642 4874 5117 Locksmith 3852 4044 4245 4457 4680 Maintenance & Construction Worker 3827 4019 4218 4431 4651 Maintenance & Operations Assistant 3191 3338 3490 3650 3821 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 74 EXHIBIT I Salaries Effective January 2, 2023 CLASS TITLE A B C D E Maintenance Carpenter I 4239 4450 4673 4905 5150 Maintenance Carpenter II 4675 4909 5154 5410 5682 Park Equipment Mechanic I 3827 4019 4218 4431 4651 Park Equipment Mechanic II 4212 4421 4642 4874 5117 Park Equipment Mechanic Leadworker 4632 4863 5107 5363 5630 Parking Meter Attendant I 3459 3632 3815 4004 4205 Parking Meter Attendant II 3807 3997 4195 4405 4626 Parking Meter Attendant III 4186 4394 4614 4846 5086 Parks Maintenance Leadworker 4157 4365 4582 4811 5050 Parks Maintenance Worker I 3145 3302 3467 3639 3821 Parks Maintenance Worker II 3778 3966 4166 4373 4591 Power Generation Operator/Mechanic 5703 5986 6287 6599 6929 Property Maintenance Leadworker 4247 4458 4682 4917 5162 Property Maintenance Worker 3966 4166 4375 4592 4820 Roofer 3852 4043 4246 4457 4680 Sanitation Operator 4212 4421 4642 4874 5117 Senior Collection System Maintenance Specialist 5153 5409 5681 5964 6262 Senior Communications Technician 5601 5880 6175 6482 6807 Senior Custodian 3459 3632 3815 4004 4205 Senior Heavy Equipment Operator 5883 6177 6485 6810 7151 Senior Sanitation Operator 4779 5020 5269 5534 5808 Senior Wastewater Mechanical Specialist 5183 5443 5714 6001 6299 Senior Wastewater Treatment Plant Operator 6020 6323 6638 6969 7318 Senior Water Distribution/Production Operator 6020 6323 6638 6969 7318 Senior Water Treatment Plant Operator 6531 6857 7200 7561 7939 Solid Waste Safety & Training Specialist 4559 4781 5018 5262 5519 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 75 EXHIBIT I Salaries Effective January 2, 2023 CLASS TITLE A B C D E Street Maintenance Leadworker 4316 4530 4756 4995 5243 Street Sweeper Lead Operator 4632 4863 5107 5363 5630 Street Sweeper Operator 4212 4421 4642 4874 5117 Tire Maintenance & Repair Technician 4212 4421 4642 4874 5117 Tire Maintenance Worker 3827 4019 4218 4431 4651 Traffic Maintenance Leadworker 4316 4530 4756 4995 5243 Traffic Maintenance Worker I 3558 3736 3922 4119 4324 Traffic Maintenance Worker II 3913 4108 4315 4529 4754 Tree Trimmer Leadworker 4282 4495 4721 4958 5206 Utility Leadworker 4157 4365 4582 4811 5050 Waste Container Maintenance Worker 3459 3632 3815 4004 4205 Wastewater Distributor Technician 3872 4065 4269 4481 4705 Wastewater Mechanical Specialist 4922 5169 5426 5696 5980 Wastewater Mechanical Technician 4476 4699 4932 5179 5438 Wastewater Treatment Plant Operator-In- Training 3872 4065 4269 4481 4705 Wastewater Treatment Plant Specialist 5183 5443 5714 6001 6299 Wastewater Treatment Plant Technician 4922 5169 5426 5696 5980 Water Distribution/Production Specialist 4922 5169 5426 5696 5980 Water Distribution/Production Technician 4476 4699 4932 5179 5438 Water Maintenance Mechanic Specialist 4922 5169 5426 5696 5980 Water System Trainee 3191 3338 3490 3650 3821 Water Treatment Plant Operator 5308 5574 5853 6145 6452 Water Treatment Plant Operator-In-Training 3872 4065 4269 4481 4705 Water Maintenance Mechanic Technician 4476 4699 4932 5179 5438 Water Quality Specialist 4922 5169 5426 5696 5980 Water Quality Technician 4476 4699 4932 5179 5438 Welder 4632 4863 5107 5363 5630 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 76 EXHIBIT II Salaries Effective June 19, 2023 CLASS TITLE A B C D E Airports Building Maintenance Technician 4085 4291 4505 4729 4965 Airports Operations Leadworker 4772 5010 5262 5525 5801 Airports Operations Specialist 4339 4554 4782 5021 5271 Automotive Parts Leadworker 4339 4554 4782 5021 5271 Automotive Parts Specialist 3942 4140 4345 4564 4791 Aviation Mechanic I 5293 5559 5833 6128 6433 Aviation Mechanic II 5823 6113 6418 6741 7076 Aviation Mechanic Leadworker 6405 6724 7060 7412 7784 Body & Fender Repairer 5293 5559 5833 6128 6433 Body & Fender Repairer Leadworker 5823 6113 6418 6741 7076 Body & Fender Repairer Trainee 4771 5009 5261 5524 5799 Brake & Front End Specialist 5823 6113 6418 6741 7076 Bus Air Conditioning Mechanic 5293 5559 5833 6128 6433 Bus Air Conditioning Mechanic Leadworker 5823 6113 6418 6741 7076 Bus Air Conditioning Mechanic Trainee 4771 5009 5261 5524 5799 Bus Equipment Attendant Leadworker 4339 4554 4782 5021 5271 Bus Mechanic I 4771 5009 5261 5524 5885 Bus Mechanic II 5293 5559 5833 6128 6433 Bus Mechanic Leadworker 5823 6113 6418 6741 7076 Collection System Maintenance Specialist 4826 5067 5320 5585 5864 Collection System Maintenance Technician 4388 4607 4837 5077 5332 Combination Welder 5293 5559 5833 6128 6433 Combination Welder Leadworker 5823 6113 6418 6741 7076 Communications Technician I 4745 4983 5230 5491 5766 Communications Technician II 5230 5491 5766 6054 6357 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 77 EXHIBIT II Salaries Effective June 19, 2023 CLASS TITLE A B C D E Cross Connection Control Specialist 5070 5325 5589 5867 6160 Custodian 3240 3402 3572 3749 3936 Electronic Equipment Installer 3849 4040 4243 4454 4678 Equipment Service Worker I 3942 4140 4345 4564 4791 Equipment Service Worker II 4339 4554 4782 5021 5271 Fire Equipment Mechanic I 4771 5009 5261 5524 5799 Fire Equipment Mechanic II 5293 5559 5833 6128 6433 Fire Equipment Mechanic Leadworker 5823 6113 6418 6741 7076 Graffiti Abatement Technician 3890 4084 4291 4505 4729 Heavy Equipment Mechanic I 4771 5009 5261 5524 5799 Heavy Equipment Mechanic II 5293 5559 5833 6128 6433 Heavy Equipment Mechanic Leadworker 5823 6113 6418 6741 7076 Heavy Equipment Operator 4923 5171 5428 5701 5983 Instrumentation Specialist 5574 5854 6147 6453 6775 Instrumentation Technician 5070 5325 5589 5867 6160 Irrigation Specialist 4282 4496 4720 4956 5202 Laborer 3287 3439 3595 3760 3936 Light Equipment Mechanic I 4771 5009 5261 5524 5799 Light Equipment Mechanic II 5293 5559 5833 6128 6433 Light Equipment Mechanic Leadworker 5823 6113 6418 6741 7076 Light Equipment Operator 4339 4554 4782 5021 5271 Locksmith 3968 4166 4373 4591 4821 Maintenance & Construction Worker 3942 4140 4345 4564 4791 Maintenance & Operations Assistant 3287 3439 3595 3760 3936 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 78 EXHIBIT II Salaries Effective June 19, 2023 CLASS TITLE A B C D E Maintenance Carpenter I 4367 4584 4814 5053 5305 Maintenance Carpenter II 4816 5057 5309 5573 5853 Park Equipment Mechanic I 3942 4140 4345 4564 4791 Park Equipment Mechanic II 4339 4554 4782 5021 5271 Park Equipment Mechanic Leadworker 4771 5009 5261 5524 5799 Parking Meter Attendant I 3563 3741 3930 4125 4332 Parking Meter Attendant II 3922 4117 4321 4538 4765 Parking Meter Attendant III 4312 4526 4753 4992 5239 Parks Maintenance Leadworker 4282 4496 4720 4956 5202 Parks Maintenance Worker I 3240 3402 3572 3749 3936 Parks Maintenance Worker II 3892 4085 4291 4505 4729 Power Generation Operator/Mechanic 5875 6166 6476 6797 7137 Property Maintenance Leadworker 4375 4592 4823 5065 5317 Property Maintenance Worker 4085 4291 4507 4730 4965 Roofer 3968 4165 4374 4591 4821 Sanitation Operator 4339 4554 4782 5021 5271 Senior Collection System Maintenance Specialist 5308 5572 5852 6143 6450 Senior Communications Technician 5770 6057 6361 6677 7012 Senior Custodian 3563 3741 3930 4125 4332 Senior Heavy Equipment Operator 6060 6363 6680 7015 7366 Senior Sanitation Operator 4923 5171 5428 5701 5983 Senior Wastewater Mechanical Specialist 5339 5607 5886 6182 6488 Senior Wastewater Treatment Plant Operator 6201 6513 6838 7179 7538 Senior Water Distribution/Production Operator 6201 6513 6838 7179 7538 Senior Water Treatment Plant Operator 6727 7063 7416 7788 8178 Solid Waste Safety & Training Specialist 4696 4925 5169 5420 5685 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 79 EXHIBIT II Salaries Effective June 19, 2023 CLASS TITLE A B C D E Street Maintenance Leadworker 4446 4666 4899 5145 5401 Street Sweeper Lead Operator 4771 5009 5261 5524 5799 Street Sweeper Operator 4339 4554 4782 5021 5271 Tire Maintenance & Repair Technician 4339 4554 4782 5021 5271 Tire Maintenance Worker 3942 4140 4345 4564 4791 Traffic Maintenance Leadworker 4446 4666 4899 5145 5401 Traffic Maintenance Worker I 3665 3849 4040 4243 4454 Traffic Maintenance Worker II 4031 4232 4445 4665 4897 Tree Trimmer Leadworker 4411 4630 4863 5107 5363 Utility Leadworker 4282 4496 4720 4956 5202 Waste Container Maintenance Worker 3563 3741 3930 4125 4332 Wastewater Distributor Technician 3989 4187 4398 4616 4847 Wastewater Mechanical Specialist 5070 5325 5589 5867 6160 Wastewater Mechanical Technician 4611 4840 5080 5335 5602 Wastewater Treatment Plant Operator-In- Training 3989 4187 4398 4616 4847 Wastewater Treatment Plant Specialist 5339 5607 5886 6182 6488 Wastewater Treatment Plant Technician 5070 5325 5589 5867 6160 Water Distribution/Production Specialist 5070 5325 5589 5867 6160 Water Distribution/Production Technician 4611 4840 5080 5335 5602 Water Maintenance Mechanic Specialist 5070 5325 5589 5867 6160 Water System Trainee 3287 3439 3595 3760 3936 Water Treatment Plant Operator 5468 5742 6029 6330 6646 Water Treatment Plant Operator-In-Training 3989 4187 4398 4616 4847 Water Maintenance Mechanic Technician 4611 4840 5080 5335 5602 Water Quality Specialist 5070 5325 5589 5867 6160 Water Quality Technician 4611 4840 5080 5335 5602 Welder 4771 5009 5261 5524 5799 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 80 EXHIBIT III Salaries Effective December 18, 2023 CLASS TITLE A B C D E Airports Building Maintenance Technician 4126 4334 4551 4777 5015 Airports Operations Leadworker 4820 5061 5315 5581 5860 Airports Operations Specialist 4383 4600 4830 5072 5324 Automotive Parts Leadworker 4383 4600 4830 5072 5324 Automotive Parts Specialist 3982 4182 4389 4610 4839 Aviation Mechanic I 5346 5615 5892 6190 6498 Aviation Mechanic II 5882 6175 6483 6809 7147 Aviation Mechanic Leadworker 6470 6792 7131 7487 7862 Body & Fender Repairer 5346 5615 5892 6190 6498 Body & Fender Repairer Leadworker 5882 6175 6483 6809 7147 Body & Fender Repairer Trainee 4819 5060 5314 5580 5857 Brake & Front End Specialist 5882 6175 6483 6809 7147 Bus Air Conditioning Mechanic 5346 5615 5892 6190 6498 Bus Air Conditioning Mechanic Leadworker 5882 6175 6483 6809 7147 Bus Air Conditioning Mechanic Trainee 4819 5060 5314 5580 5857 Bus Equipment Attendant Leadworker 4383 4600 4830 5072 5324 Bus Mechanic I 4819 5060 5314 5580 5944 Bus Mechanic II 5346 5615 5892 6190 6498 Bus Mechanic Leadworker 5882 6175 6483 6809 7147 Collection System Maintenance Specialist 4875 5118 5374 5641 5923 Collection System Maintenance Technician 4432 4654 4886 5128 5386 Combination Welder 5346 5615 5892 6190 6498 Combination Welder Leadworker 5882 6175 6483 6809 7147 Communications Technician I 4793 5033 5283 5546 5824 Communications Technician II 5283 5546 5824 6115 6421 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 81 EXHIBIT III Salaries Effective December 18, 2023 CLASS TITLE A B C D E Cross Connection Control Specialist 5121 5379 5645 5926 6222 Custodian 3273 3437 3608 3787 3976 Electronic Equipment Installer 3888 4081 4286 4499 4725 Equipment Service Worker I 3982 4182 4389 4610 4839 Equipment Service Worker II 4383 4600 4830 5072 5324 Fire Equipment Mechanic I 4819 5060 5314 5580 5857 Fire Equipment Mechanic II 5346 5615 5892 6190 6498 Fire Equipment Mechanic Leadworker 5882 6175 6483 6809 7147 Graffiti Abatement Technician 3929 4125 4334 4551 4777 Heavy Equipment Mechanic I 4819 5060 5314 5580 5857 Heavy Equipment Mechanic II 5346 5615 5892 6190 6498 Heavy Equipment Mechanic Leadworker 5882 6175 6483 6809 7147 Heavy Equipment Operator 4973 5223 5483 5759 6043 Instrumentation Specialist 5630 5913 6209 6518 6843 Instrumentation Technician 5121 5379 5645 5926 6222 Irrigation Specialist 4325 4541 4768 5006 5255 Laborer 3320 3474 3631 3798 3976 Light Equipment Mechanic I 4819 5060 5314 5580 5857 Light Equipment Mechanic II 5346 5615 5892 6190 6498 Light Equipment Mechanic Leadworker 5882 6175 6483 6809 7147 Light Equipment Operator 4383 4600 4830 5072 5324 Locksmith 4008 4208 4417 4637 4870 Maintenance & Construction Worker 3982 4182 4389 4610 4839 Maintenance & Operations Assistant 3320 3474 3631 3798 3976 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 82 EXHIBIT III Salaries Effective December 18, 2023 CLASS TITLE A B C D E Maintenance Carpenter I 4411 4630 4863 5104 5359 Maintenance Carpenter II 4865 5108 5363 5629 5912 Park Equipment Mechanic I 3982 4182 4389 4610 4839 Park Equipment Mechanic II 4383 4600 4830 5072 5324 Park Equipment Mechanic Leadworker 4819 5060 5314 5580 5857 Parking Meter Attendant I 3599 3779 3970 4167 4376 Parking Meter Attendant II 3962 4159 4365 4584 4813 Parking Meter Attendant III 4356 4572 4801 5042 5292 Parks Maintenance Leadworker 4325 4541 4768 5006 5255 Parks Maintenance Worker I 3273 3437 3608 3787 3976 Parks Maintenance Worker II 3931 4126 4334 4551 4777 Power Generation Operator/Mechanic 5934 6228 6541 6865 7209 Property Maintenance Leadworker 4419 4638 4872 5116 5371 Property Maintenance Worker 4126 4334 4553 4778 5015 Roofer 4008 4207 4418 4637 4870 Sanitation Operator 4383 4600 4830 5072 5324 Senior Collection System Maintenance Specialist 5362 5628 5911 6205 6515 Senior Communications Technician 5828 6118 6425 6744 7083 Senior Custodian 3599 3779 3970 4167 4376 Senior Heavy Equipment Operator 6121 6427 6747 7086 7440 Senior Sanitation Operator 4973 5223 5483 5759 6043 Senior Wastewater Mechanical Specialist 5393 5664 5945 6244 6553 Senior Wastewater Treatment Plant Operator 6264 6579 6907 7251 7614 Senior Water Distribution/Production Operator 6264 6579 6907 7251 7614 Senior Water Treatment Plant Operator 6795 7134 7491 7866 8260 Solid Waste Safety & Training Specialist 4743 4975 5221 5475 5742 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 83 EXHIBIT III Salaries Effective December 18, 2023 CLASS TITLE A B C D E Street Maintenance Leadworker 4491 4713 4948 5197 5456 Street Sweeper Lead Operator 4819 5060 5314 5580 5857 Street Sweeper Operator 4383 4600 4830 5072 5324 Tire Maintenance & Repair Technician 4383 4600 4830 5072 5324 Tire Maintenance Worker 3982 4182 4389 4610 4839 Traffic Maintenance Leadworker 4491 4713 4948 5197 5456 Traffic Maintenance Worker I 3702 3888 4081 4286 4499 Traffic Maintenance Worker II 4072 4275 4490 4712 4946 Tree Trimmer Leadworker 4456 4677 4912 5159 5417 Utility Leadworker 4325 4541 4768 5006 5255 Waste Container Maintenance Worker 3599 3779 3970 4167 4376 Wastewater Distributor Technician 4029 4229 4442 4663 4896 Wastewater Mechanical Specialist 5121 5379 5645 5926 6222 Wastewater Mechanical Technician 4658 4889 5131 5389 5659 Wastewater Treatment Plant Operator-In- Training 4029 4229 4442 4663 4896 Wastewater Treatment Plant Specialist 5393 5664 5945 6244 6553 Wastewater Treatment Plant Technician 5121 5379 5645 5926 6222 Water Distribution/Production Specialist 5121 5379 5645 5926 6222 Water Distribution/Production Technician 4658 4889 5131 5389 5659 Water Maintenance Mechanic Specialist 5121 5379 5645 5926 6222 Water System Trainee 3320 3474 3631 3798 3976 Water Treatment Plant Operator 5523 5800 6090 6394 6713 Water Treatment Plant Operator-In-Training 4029 4229 4442 4663 4896 Water Maintenance Mechanic Technician 4658 4889 5131 5389 5659 Water Quality Specialist 5121 5379 5645 5926 6222 Water Quality Technician 4658 4889 5131 5389 5659 Welder 4819 5060 5314 5580 5857 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 84 EXHIBIT IV Salaries Effective June 17, 2024 CLASS TITLE A B C D E Airports Building Maintenance Technician 4250 4465 4688 4921 5166 Airports Operations Leadworker 4965 5213 5475 5749 6036 Airports Operations Specialist 4515 4738 4975 5225 5484 Automotive Parts Leadworker 4515 4738 4975 5225 5484 Automotive Parts Specialist 4102 4308 4521 4749 4985 Aviation Mechanic I 5507 5784 6069 6376 6693 Aviation Mechanic II 6059 6361 6678 7014 7362 Aviation Mechanic Leadworker 6665 6996 7345 7712 8098 Body & Fender Repairer 5507 5784 6069 6376 6693 Body & Fender Repairer Leadworker 6059 6361 6678 7014 7362 Body & Fender Repairer Trainee 4964 5212 5474 5748 6033 Brake & Front End Specialist 6059 6361 6678 7014 7362 Bus Air Conditioning Mechanic 5507 5784 6069 6376 6693 Bus Air Conditioning Mechanic Leadworker 6059 6361 6678 7014 7362 Bus Air Conditioning Mechanic Trainee 4964 5212 5474 5748 6033 Bus Equipment Attendant Leadworker 4515 4738 4975 5225 5484 Bus Mechanic I 4964 5212 5474 5748 6123 Bus Mechanic II 5507 5784 6069 6376 6693 Bus Mechanic Leadworker 6059 6361 6678 7014 7362 Collection System Maintenance Specialist 5022 5272 5536 5811 6101 Collection System Maintenance Technician 4565 4794 5033 5282 5548 Combination Welder 5507 5784 6069 6376 6693 Combination Welder Leadworker 6059 6361 6678 7014 7362 Communications Technician I 4937 5184 5442 5713 5999 Communications Technician II 5442 5713 5999 6299 6614 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 85 EXHIBIT IV Salaries Effective June 17, 2024 CLASS TITLE A B C D E Cross Connection Control Specialist 5275 5541 5815 6104 6409 Custodian 3372 3541 3717 3901 4096 Electronic Equipment Installer 4005 4204 4415 4634 4867 Equipment Service Worker I 4102 4308 4521 4749 4985 Equipment Service Worker II 4515 4738 4975 5225 5484 Fire Equipment Mechanic I 4964 5212 5474 5748 6033 Fire Equipment Mechanic II 5507 5784 6069 6376 6693 Fire Equipment Mechanic Leadworker 6059 6361 6678 7014 7362 Graffiti Abatement Technician 4047 4249 4465 4688 4921 Heavy Equipment Mechanic I 4964 5212 5474 5748 6033 Heavy Equipment Mechanic II 5507 5784 6069 6376 6693 Heavy Equipment Mechanic Leadworker 6059 6361 6678 7014 7362 Heavy Equipment Operator 5123 5380 5648 5932 6225 Instrumentation Specialist 5799 6091 6396 6714 7049 Instrumentation Technician 5275 5541 5815 6104 6409 Irrigation Specialist 4455 4678 4912 5157 5413 Laborer 3420 3579 3740 3912 4096 Light Equipment Mechanic I 4964 5212 5474 5748 6033 Light Equipment Mechanic II 5507 5784 6069 6376 6693 Light Equipment Mechanic Leadworker 6059 6361 6678 7014 7362 Light Equipment Operator 4515 4738 4975 5225 5484 Locksmith 4129 4335 4550 4777 5017 Maintenance & Construction Worker 4102 4308 4521 4749 4985 Maintenance & Operations Assistant 3420 3579 3740 3912 4096 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 86 EXHIBIT IV Salaries Effective June 17, 2024 CLASS TITLE A B C D E Maintenance Carpenter I 4544 4769 5009 5258 5520 Maintenance Carpenter II 5011 5262 5524 5798 6090 Park Equipment Mechanic I 4102 4308 4521 4749 4985 Park Equipment Mechanic II 4515 4738 4975 5225 5484 Park Equipment Mechanic Leadworker 4964 5212 5474 5748 6033 Parking Meter Attendant I 3707 3893 4090 4293 4508 Parking Meter Attendant II 4081 4284 4496 4722 4958 Parking Meter Attendant III 4487 4710 4946 5194 5451 Parks Maintenance Leadworker 4455 4678 4912 5157 5413 Parks Maintenance Worker I 3372 3541 3717 3901 4096 Parks Maintenance Worker II 4049 4250 4465 4688 4921 Power Generation Operator/Mechanic 6113 6415 6738 7071 7426 Property Maintenance Leadworker 4552 4778 5019 5270 5533 Property Maintenance Worker 4250 4465 4690 4922 5166 Roofer 4129 4334 4551 4777 5017 Sanitation Operator 4515 4738 4975 5225 5484 Senior Collection System Maintenance Specialist 5523 5797 6089 6392 6711 Senior Communications Technician 6003 6302 6618 6947 7296 Senior Custodian 3707 3893 4090 4293 4508 Senior Heavy Equipment Operator 6305 6620 6950 7299 7664 Senior Sanitation Operator 5123 5380 5648 5932 6225 Senior Wastewater Mechanical Specialist 5555 5834 6124 6432 6750 Senior Wastewater Treatment Plant Operator 6452 6777 7115 7469 7843 Senior Water Distribution/Production Operator 6452 6777 7115 7469 7843 Senior Water Treatment Plant Operator 6999 7349 7716 8102 8508 Solid Waste Safety & Training Specialist 4886 5125 5378 5640 5915 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 87 EXHIBIT IV Salaries Effective June 17, 2024 CLASS TITLE A B C D E Street Maintenance Leadworker 4626 4855 5097 5353 5620 Street Sweeper Lead Operator 4964 5212 5474 5748 6033 Street Sweeper Operator 4515 4738 4975 5225 5484 Tire Maintenance & Repair Technician 4515 4738 4975 5225 5484 Tire Maintenance Worker 4102 4308 4521 4749 4985 Traffic Maintenance Leadworker 4626 4855 5097 5353 5620 Traffic Maintenance Worker I 3814 4005 4204 4415 4634 Traffic Maintenance Worker II 4195 4404 4625 4854 5095 Tree Trimmer Leadworker 4590 4818 5060 5314 5580 Utility Leadworker 4455 4678 4912 5157 5413 Waste Container Maintenance Worker 3707 3893 4090 4293 4508 Wastewater Distributor Technician 4150 4356 4576 4803 5043 Wastewater Mechanical Specialist 5275 5541 5815 6104 6409 Wastewater Mechanical Technician 4798 5036 5285 5551 5829 Wastewater Treatment Plant Operator-In- Training 4150 4356 4576 4803 5043 Wastewater Treatment Plant Specialist 5555 5834 6124 6432 6750 Wastewater Treatment Plant Technician 5275 5541 5815 6104 6409 Water Distribution/Production Specialist 5275 5541 5815 6104 6409 Water Distribution/Production Technician 4798 5036 5285 5551 5829 Water Maintenance Mechanic Specialist 5275 5541 5815 6104 6409 Water System Trainee 3420 3579 3740 3912 4096 Water Treatment Plant Operator 5689 5974 6273 6586 6915 Water Treatment Plant Operator-In-Training 4150 4356 4576 4803 5043 Water Maintenance Mechanic Technician 4798 5036 5285 5551 5829 Water Quality Specialist 5275 5541 5815 6104 6409 Water Quality Technician 4798 5036 5285 5551 5829 Welder 4964 5212 5474 5748 6033 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 88 EXHIBIT V Salaries Effective December 30, 2024 CLASS TITLE A B C D E Airports Building Maintenance Technician 4335 4555 4782 5020 5270 Airports Operations Leadworker 5065 5318 5585 5864 6157 Airports Operations Specialist 4606 4833 5075 5330 5594 Automotive Parts Leadworker 4606 4833 5075 5330 5594 Automotive Parts Specialist 4185 4395 4612 4844 5085 Aviation Mechanic I 5618 5900 6191 6504 6827 Aviation Mechanic II 6181 6489 6812 7155 7510 Aviation Mechanic Leadworker 6799 7136 7492 7867 8260 Body & Fender Repairer 5618 5900 6191 6504 6827 Body & Fender Repairer Leadworker 6181 6489 6812 7155 7510 Body & Fender Repairer Trainee 5064 5317 5584 5863 6154 Brake & Front End Specialist 6181 6489 6812 7155 7510 Bus Air Conditioning Mechanic 5618 5900 6191 6504 6827 Bus Air Conditioning Mechanic Leadworker 6181 6489 6812 7155 7510 Bus Air Conditioning Mechanic Trainee 5064 5317 5584 5863 6154 Bus Equipment Attendant Leadworker 4606 4833 5075 5330 5594 Bus Mechanic I 5064 5317 5584 5863 6246 Bus Mechanic II 5618 5900 6191 6504 6827 Bus Mechanic Leadworker 6181 6489 6812 7155 7510 Collection System Maintenance Specialist 5123 5378 5647 5928 6224 Collection System Maintenance Technician 4657 4890 5134 5388 5659 Combination Welder 5618 5900 6191 6504 6827 Combination Welder Leadworker 6181 6489 6812 7155 7510 Communications Technician I 5036 5288 5551 5828 6119 Communications Technician II 5551 5828 6119 6425 6747 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 89 EXHIBIT V Salaries Effective December 30, 2024 CLASS TITLE A B C D E Cross Connection Control Specialist 5381 5652 5932 6227 6538 Custodian 3440 3612 3792 3980 4178 Electronic Equipment Installer 4086 4289 4504 4727 4965 Equipment Service Worker I 4185 4395 4612 4844 5085 Equipment Service Worker II 4606 4833 5075 5330 5594 Fire Equipment Mechanic I 5064 5317 5584 5863 6154 Fire Equipment Mechanic II 5618 5900 6191 6504 6827 Fire Equipment Mechanic Leadworker 6181 6489 6812 7155 7510 Graffiti Abatement Technician 4128 4334 4555 4782 5020 Heavy Equipment Mechanic I 5064 5317 5584 5863 6154 Heavy Equipment Mechanic II 5618 5900 6191 6504 6827 Heavy Equipment Mechanic Leadworker 6181 6489 6812 7155 7510 Heavy Equipment Operator 5226 5488 5761 6051 6350 Instrumentation Specialist 5915 6213 6524 6849 7190 Instrumentation Technician 5381 5652 5932 6227 6538 Irrigation Specialist 4545 4772 5011 5261 5522 Laborer 3489 3651 3815 3991 4178 Light Equipment Mechanic I 5064 5317 5584 5863 6154 Light Equipment Mechanic II 5618 5900 6191 6504 6827 Light Equipment Mechanic Leadworker 6181 6489 6812 7155 7510 Light Equipment Operator 4606 4833 5075 5330 5594 Locksmith 4212 4422 4641 4873 5118 Maintenance & Construction Worker 4185 4395 4612 4844 5085 Maintenance & Operations Assistant 3489 3651 3815 3991 4178 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 90 EXHIBIT V Salaries Effective December 30, 2024 CLASS TITLE A B C D E Maintenance Carpenter I 4635 4865 5110 5364 5631 Maintenance Carpenter II 5112 5368 5635 5914 6212 Park Equipment Mechanic I 4185 4395 4612 4844 5085 Park Equipment Mechanic II 4606 4833 5075 5330 5594 Park Equipment Mechanic Leadworker 5064 5317 5584 5863 6154 Parking Meter Attendant I 3782 3971 4172 4379 4599 Parking Meter Attendant II 4163 4370 4586 4817 5058 Parking Meter Attendant III 4577 4805 5045 5298 5561 Parks Maintenance Leadworker 4545 4772 5011 5261 5522 Parks Maintenance Worker I 3440 3612 3792 3980 4178 Parks Maintenance Worker II 4130 4335 4555 4782 5020 Power Generation Operator/Mechanic 6236 6544 6873 7213 7575 Property Maintenance Leadworker 4644 4874 5120 5376 5644 Property Maintenance Worker 4335 4555 4784 5021 5270 Roofer 4212 4421 4643 4873 5118 Sanitation Operator 4606 4833 5075 5330 5594 Senior Collection System Maintenance Specialist 5634 5913 6211 6520 6846 Senior Communications Technician 6124 6429 6751 7086 7442 Senior Custodian 3782 3971 4172 4379 4599 Senior Heavy Equipment Operator 6432 6753 7089 7445 7818 Senior Sanitation Operator 5226 5488 5761 6051 6350 Senior Wastewater Mechanical Specialist 5667 5951 6247 6561 6885 Senior Wastewater Treatment Plant Operator 6582 6913 7258 7619 8000 Senior Water Distribution/Production Operator 6582 6913 7258 7619 8000 Senior Water Treatment Plant Operator 7139 7496 7871 8265 8679 Solid Waste Safety & Training Specialist 4984 5228 5486 5753 6034 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 91 EXHIBIT V Salaries Effective December 30, 2024 CLASS TITLE A B C D E Street Maintenance Leadworker 4719 4953 5199 5461 5733 Street Sweeper Lead Operator 5064 5317 5584 5863 6154 Street Sweeper Operator 4606 4833 5075 5330 5594 Tire Maintenance & Repair Technician 4606 4833 5075 5330 5594 Tire Maintenance Worker 4185 4395 4612 4844 5085 Traffic Maintenance Leadworker 4719 4953 5199 5461 5733 Traffic Maintenance Worker I 3891 4086 4289 4504 4727 Traffic Maintenance Worker II 4279 4493 4718 4952 5197 Tree Trimmer Leadworker 4682 4915 5162 5421 5692 Utility Leadworker 4545 4772 5011 5261 5522 Waste Container Maintenance Worker 3782 3971 4172 4379 4599 Wastewater Distributor Technician 4233 4444 4668 4900 5144 Wastewater Mechanical Specialist 5381 5652 5932 6227 6538 Wastewater Mechanical Technician 4894 5137 5391 5663 5946 Wastewater Treatment Plant Operator-In- Training 4233 4444 4668 4900 5144 Wastewater Treatment Plant Specialist 5667 5951 6247 6561 6885 Wastewater Treatment Plant Technician 5381 5652 5932 6227 6538 Water Distribution/Production Specialist 5381 5652 5932 6227 6538 Water Distribution/Production Technician 4894 5137 5391 5663 5946 Water Maintenance Mechanic Specialist 5381 5652 5932 6227 6538 Water System Trainee 3489 3651 3815 3991 4178 Water Treatment Plant Operator 5803 6094 6399 6718 7054 Water Treatment Plant Operator-In-Training 4233 4444 4668 4900 5144 Water Maintenance Mechanic Technician 4894 5137 5391 5663 5946 Water Quality Specialist 5381 5652 5932 6227 6538 Water Quality Technician 4894 5137 5391 5663 5946 Welder 5064 5317 5584 5863 6154 Attendance Policy – Unit 1, Represented by Local 39 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 92 Page 1 of 4 Attendance Policy – Unit 1, Represented by Local 39 PURPOSE To establish an attendance policy for employees in Unit 1, represented by Local 39. POLICY & PROCEDURES 1. This policy is to be construed on a rolling 12-month period following the effective date. A primary requirement for continued employment is regular attendance. While the City recognizes some absences may be unavoidable, City departments and the employees have an obligation to the public that demands regular and prompt attendance. 2. Although it is recognized that excessive absenteeism is a proper reason for corrective/disciplinary action, up to and including termination of employment, it is the policy of the City to identify problem areas by keeping proper records, exploring avenues of available assistance, and encouraging compliance with attendance standards. 3. This attendance policy was developed to establish uniform guidelines to further efforts to provide service to the public, and is designed to be a no-fault program. The pervasive problems stemming from inordinate absences are the focus of this policy, not the nature of the absences. 4. Authorized leaves (i.e., union business, bereavement leave, disciplinary suspensions, approved leaves of absence, and hearing and court appearances by subpoena) and statutorily protected leaves (e.g., Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), military leave, workers’ compensation leave, and Protected Sick Leave are outside the scope of this attendance policy and shall not be considered an incident. 5. In the event of a serious illness or injury to the employee requiring the employee’s absence during a future period of time, or a serious illness or injury to the employee’s spouse, dependent minor children, or parents requiring the employee’s absence during a future period of time, the applicable City department, the employee and the Union may agree to a plan for the employee’s absence(s) over a specified period of time. If such plan is agreed upon, absences under such plan shall not be subject to this policy. 6. Employees who are eligible to use Sick Leave for an absence may use other available leave once Sick Leave is exhausted. Attendance Policy – Unit 1, Represented by Local 39 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 93 Page 2 of 4 DEFINITIONS AND RULES - SECTION I: 1. Absences * * * An absence or absenteeism is defined as any failure to * * * report to or remain at work as scheduled regardless of the reason. * * * [§ deleted] (a) A day or days of continuous absence due to illness shall be considered one incident. (b) Employees who are absent for an indefinite period due to illness or injury must * * * inform their supervisor * * * of their absence at the onset of the absence prior to the start of their scheduled shift in accordance with subsection (e) below, and inform their supervisor of their anticipated return date. The employee will not be required to call in daily from the onset of their absence until their anticipated return date. An employee may be required to provide a medical professional’s verification to return to work after the use of greater than forty (40) hours of consecutive leave used for the absence in a seven (7) calendar day period. * * * (c) Any employee who is absent from work will be charged with an incident under this policy with exception to authorized leaves and statutorily protected leaves pursuant to Policy & Procedures subsection 4 above. (d) Any employee who fails to remain at work as scheduled will be charged with an incident of absence under this policy with exception to authorized leaves and statutorily protected leaves pursuant to Policy & Procedures subsection 4 above. (e) Employees who are unable to report to work must notify their manager or designee in advance of their scheduled start time. Employees who fail to provide advanced notification of an absence may be subject to corrective/disciplinary action. This provision shall not preclude any department or division from establishing policies or procedures regarding employee notification of an absence or tardy including, but not limited to, the time in which employees must provide advanced notification, subject to meet and confer with Labor Relations and the Union. Attendance Policy – Unit 1, Represented by Local 39 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 94 Page 3 of 4 (f) Any employee who does not report to work and does not notify their manager or designee of the absence will be considered absent without leave and may be subject to disciplinary action as provided in the applicable provisions of the Fresno Municipal Code, as the same may be amended from time-to-time. (g) These provisions shall not preclude any department or division from establishing policies or procedures regarding absences, including, but not limited to the time in which employees must provide advanced notification, subject to meet and confer with Labor Relations and the Union. 2. Tardies An employee is tardy if they report to work after their scheduled start time. Departments and/or divisions may establish policies or procedures which provide specific guidance on the timing which constitutes a tardy based on operational need. Grace periods or report to work time ranges are at the discretion of management. (a) Excessive tardiness is defined as three (3) or more tardies during one (1) calendar month. (b) Employees who accrue three (3) tardies during one (1) calendar month shall receive one (1) incident. Employee’s shall receive one (1) incident for each subsequent tardy during the calendar month. (c) Employees who are going to be tardy must notify their manager or designee that they will be tardy in advance of their scheduled start time and provide the time they anticipate they will report to work. Employees who fail to provide advanced notification of a tardy may be subject to corrective/disciplinary action. (d) Employees who are tardy and report to work by their anticipated report time will receive one (1) tardy. Employees who do not report to work by their anticipated report time will receive a second tardy. (e) The City reserves the right to require an employee to report to work for the balance of the day on which tardiness occurs. Failure by the employee to report to or remain at work for the balance of the day as directed by a supervisor may be cause for disciplinary action. (f) Employees may use applicable leave balances or Leave Without Pay to cover work time missed due to the tardy. Attendance Policy – Unit 1, Represented by Local 39 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 95 Page 4 of 4 (g) These provisions shall not preclude any department or division from establishing policies or procedures regarding tardies that are not addressed in these provisions, including, but not limited to the time in which employees must provide advanced notification, subject to meet and confer with Labor Relations and the Union. [§§ deleted] CORRECTIVE/DISCIPLINE ACTIONS - SECTION II: 1. Excessive absenteeism by an employee shall subject said employee(s) to corrective/disciplinary action. Excessive absenteeism for purposes of this policy shall be defined as four (4) or more occurrences (i.e., incident) of absence within any consecutive 12-month period beginning with the effective date of this policy. The 12-month period referred to in this policy shall mean a “rolling” 12-month period. 2. The corrective/disciplinary actions under this policy are noted in the table below. Incident Level 4th Verbal Warning 5th Letter of Understanding 6th Written Reprimand 7th 2 Working Days Suspension 8th 5 Working Days Suspension 9th 10 Working Days Suspension 10th Termination The City reserves the right to deviate from this table of progressive corrective/disciplinary actions under mitigating circumstances as approved by the appointing authority, or when there is a pattern of excessive absenteeism indicating abuse of time off. An example of a mitigating circumstance is a case where an employee with an otherwise exemplary prior history of good attendance (three [3] to five [5] years) experiences an unexpected problem, which causes inordinate temporary absenteeism. 3. An employee who has no additional incidents for 90 calendar days after receipt of an incident shall have their number of incidents reduced by one (1). The employee must have no additional incidents for an additional 30 calendar days before an additional incident is removed. If an employee receives an incident before an additional 30 calendar days has Attendance Policy – Unit 1, Represented by Local 39 MOU – City of Fresno/Local 39: 1/2/2023 – 6/15/2025 Page 96 passed, then no incident will be removed until 90 calendar days after the last incident. The incident to be removed shall be the oldest in the rolling 12-month review period. Summary Analysis of MOU Unit 01 Local 39 General Fund - Budget Cash Basis FY 2024 FY 2024 FY 2025 Total FY 2026 FY 2027 FY 2028 Notes 1 3% Wage Increase - Retro 1/2/2023 (FY 2023)216,030 144,416 360,446 144,416 144,416 144,416 2 3% Wage Increase - Effective 6/19/2023 148,497 148,497 296,995 148,497 148,497 148,497 3 1% Wage Increase - Effective 12/18/2023 23,725 51,404 75,129 51,404 51,404 51,404 4 Bilingual Pay 10,788 10,788 21,576 10,788 10,788 10,788 5 PGOM D2 Certificate Pay 0 0 0 0 0 0 6 HART 16,224 16,224 32,448 16,224 16,224 16,224 7 Surface Water Treatment Facility Rollup 0 0 0 0 0 0 8 CDL/Crane Operator 0 0 0 0 0 0 9 WasteWater Treatment Plant Pay 0 0 0 0 0 0 10 Safety Shoes & Glasses 4,261 4,261 8,522 4,261 4,261 4,261 11 Standby 1,632 1,632 3,264 1,632 1,632 1,632 12 Standby Mileage 0 0 0 0 0 0 13 PM Hours 3,276 3,276 6,552 3,276 3,276 3,276 0 Subtotal 424,433 380,498 804,931 380,498 380,498 380,498 FY 2025 FY 2024 FY 2025 Total FY 2026 FY 2027 FY 2028 3% Wage Increase - Effective 6/17/2024 0 153,575 153,575 153,575 153,575 153,575 2% Wage Increase - Effective 12/30/2024 0 48,756 48,756 105,639 105,639 105,639 Subtotal 0 202,332 202,332 259,214 259,214 259,214 Total MOU costs (savings)424,433 582,830 1,007,263 639,712 639,712 639,712 Summary Analysis of MOU Unit 01 Local 39 All Funds - Budget Cash Basis FY 2024 FY 2024 FY 2025 Total FY 2026 FY 2027 FY 2028 Notes 1 3% Wage Increase - Retro 1/2/2023 (FY 2023)2,481,468 1,658,857 4,140,326 1,658,857 1,658,857 1,658,857 2 3% Wage Increase - Effective 6/19/2023 1,706,966 1,706,966 3,413,933 1,706,966 1,706,966 1,706,966 3 1% Wage Increase - Effective 12/18/2023 272,105 589,561 861,667 589,561 589,561 589,561 4 Bilingual Pay 83,398 83,398 166,796 83,398 83,398 83,398 5 PGOM D2 Certificate Pay 5,390 5,390 10,780 5,390 5,390 5,390 6 HART 20,547 20,547 41,094 20,547 20,547 20,547 7 Surface Water Treatment Facility Rollup 111,464 116,965 228,429 116,965 116,965 116,965 8 CDL/Crane Operator 12,249 12,249 24,498 12,249 12,249 12,249 9 WasteWater Treatment Plant Pay 196,885 0 196,885 0 0 0 10 Safety Shoes & Glasses 45,729 45,729 91,458 45,729 45,729 45,729 11 Standby 78,872 78,872 157,744 78,872 78,872 78,872 12 Standby Mileage 32,585 32,585 65,169 32,585 32,585 32,585 13 PM Hours 73,611 73,611 147,222 73,611 73,611 73,611 Subtotal 5,121,269 4,424,730 9,546,000 4,424,730 4,424,730 4,424,730 FY 2025 FY 2024 FY 2025 Total FY 2026 FY 2027 FY 2028 3% Wage Increase - Effective 6/19/2023 0 1,775,654 1,775,654 1,775,654 1,775,654 1,775,654 1% Wage Increase - Effective 12/18/2023 0 563,441 563,441 1,220,788 1,220,788 1,220,788 Subtotal 0 2,339,095 2,339,095 2,996,442 2,996,442 2,996,442 Total MOU costs (savings)5,121,269 6,763,825 11,885,095 7,421,173 7,421,173 7,421,173 Summary Analysis of MOU Unit 01 Local 39 Budget Cash Basis Impacts Impacts Impacts FY 2024 FY 2025 Total FY 2026 FY 2027 FY 2028 Future No.Total Salary 12 Month Days Avg Per Adjusted Cost Cost MOU Cost Cost Cost Deferred Liab. Employees per Month 3% Increase Retro Employee Retro Cost (Savings)(Savings)Cost/(Savings)(Savings)(Savings)(Savings)Cost/(Savings) FY 2024 1 3% Wage Increase - Retroactively Effective 1/2/2023 (FY 2023) Local 39 Total Budgeted Positions - General Fund 93 411,119 144,416 181 770 71,614 Local 39 Total Budgeted Positions - All Funds 847 4,725,822 1,658,857 181 971 822,611 Local 39 Total Budgeted Positions - All 847 4,725,822 1,658,857 181 971 822,611 2,481,468 1,658,857 4,140,326 1,658,857 1,658,857 1,658,857 2 3% Wage Increase - Effective 6/19/2023 No.Avg Salary Total Salary 12 Month Avg Per Total Employees per Month per Month 3% Increase Employee Cost Local 39 Total Budgeted Positions - General Fund 93 4,554 423,494 148,497 1,597 148,497 Local 39 Total Budgeted Positions - All Funds 847 5,747 4,868,069 1,706,966 2,015 1,706,966 Local 39 Total Budgeted Positions - All 847 5,747 4,868,069 1,706,966 2,015 1,706,966 1,706,966 1,706,966 3,413,933 1,706,966 1,706,966 1,706,966 3 1% Wage Increase - Effective 12/18/2023 No.Avg Salary Total Salary 12 Month Avg Per Total Employees per Month per Month 1% Increase Employee Cost Local 39 Total Budgeted Positions - General Fund 93 4,600 427,778 51,404 553 51,404 Local 39 Total Budgeted Positions - All Funds 847 5,805 4,917,199 589,561 696 589,561 Local 39 Total Budgeted Positions - All 847 5,805 4,917,199 589,561 696 589,561 272,105 589,561 861,667 589,561 589,561 589,561 4 Bilingual Pay No.Cert Pay Cert Pay Inc Increase Avg per Total Employees per Month per Month per Month Employee Cost Local 39 Total Budgeted Positions - General Fund 20 50 50 899 539 10,788 Local 39 Total Budgeted Positions - All Funds 123 50 50 6,950 678 83,398 Local 39 Total Budgeted Positions - All 123 50 50 6,950 678 83,398 83,398 83,398 166,796 83,398 83,398 83,398 5 PGOM D2 Certificate Pay No.Cost Cert Pay Inc Increase Avg per Total Employees per Month per Month per Month Employee Cost Local 39 Total Budgeted Positions - General Fund 0 0 100 0 0 0 Local 39 Total Budgeted Positions - All Funds 4 0 100 449 1,348 5,390 Local 39 Total Budgeted Positions - All 4 0 5,390 5,390 5,390 10,780 5,390 5,390 5,390 3 of 6 Summary Analysis of MOU Unit 01 Local 39 Budget Cash Basis Impacts Impacts Impacts FY 2024 FY 2025 Total FY 2026 FY 2027 FY 2028 Future No.Total Salary 12 Month Days Avg Per Adjusted Cost Cost MOU Cost Cost Cost Deferred Liab. Employees per Month 3% Increase Retro Employee Retro Cost (Savings)(Savings)Cost/(Savings)(Savings)(Savings)(Savings)Cost/(Savings) 6 HART No.Cost Cert Pay Inc Increase Avg Per Total Employees per Month per Month per Month Employee Cost Local 39 Total Budgeted Positions - General Fund 12 0 100 1,352 1,352 16,224 Local 39 Total Budgeted Positions - All Funds 20 0 100 1,712 1,027 20,547 Local 39 Total Budgeted Positions - All 20 0 100 1,712 1,027 20,547 20,547 20,547 41,094 20,547 20,547 20,547 7 Surface Water Treatment Facility Rollup No.Avg Salary Total Salary 12 Month Avg Per Total Employees per Month per Month Avg Increase Employee Cost Local 39 Total Budgeted Positions - General Fund 0 0 0 0 0 0 Local 39 Total Budgeted Positions - All Funds 17 8,318 141,411 9,747 6,880 116,965 Local 39 Total Budgeted Positions - All 17 8,318 141,411 9,747 6,880 116,965 111,464 116,965 228,429 116,965 116,965 116,965 8 CDL/Crane Operator No.Cost Cert Pay Inc Increase Avg Per Total Employees per Month per Month per Month Employee Cost Local 39 Total Budgeted Positions - General Fund 0 0 0 0 0 0 Local 39 Total Budgeted Positions - All Funds 9 0 100 1,021 1,361 12,249 Local 39 Total Budgeted Positions - All 9 0 100 1,021 1,361 12,249 12,249 12,249 24,498 12,249 12,249 12,249 9 WasteWater Treatment Plant Pay No.Avg Total Employees per Employee Cost Local 39 Total Budgeted Positions - General Fund 0 0 0 Local 39 Total Budgeted Positions - All Funds 25 7,875 196,885 Local 39 Total Budgeted Positions - All 196,885 196,885 0 196,885 0 0 0 10 Safety Shoes & Glasses No.Cost Safety Shoes Safety Glasses Avg Per Total Employees per Month Increase Increase Employee Cost Local 39 Total Budgeted Positions - General Fund 93 17,044 50 125 46 4,261 Local 39 Total Budgeted Positions - All Funds 847 173,733 50 125 54 45,729 Local 39 Total Budgeted Positions - All 45,729 45,729 45,729 91,458 45,729 45,729 45,729 4 of 6 Summary Analysis of MOU Unit 01 Local 39 Budget Cash Basis Impacts Impacts Impacts FY 2024 FY 2025 Total FY 2026 FY 2027 FY 2028 Future No.Total Salary 12 Month Days Avg Per Adjusted Cost Cost MOU Cost Cost Cost Deferred Liab. Employees per Month 3% Increase Retro Employee Retro Cost (Savings)(Savings)Cost/(Savings)(Savings)(Savings)(Savings)Cost/(Savings) 11 Standby No.Cost Premium Pay In Increase Avg Per Total Employees per Month per Month per Month Employee Cost Local 39 Total Budgeted Positions - General Fund 2 1.65 1.90 136 816 1,632 Local 39 Total Budgeted Positions - All Funds 113 1.65 1.90 6,573 698 78,872 Local 39 Total Budgeted Positions - All 78,872 78,872 78,872 157,744 78,872 78,872 78,872 12 Standby Mileage Total Miles Mileage Total Mileage 3 Year Total Callbacks Roundtrip Reimbursemen per Callback Cost Cost Local 39 Total Budgeted Positions - General Fund Local 39 Total Budgeted Positions - All Funds 5,013 30 0.65 19.50 97,754 32585 Local 39 Total Budgeted Positions - All 32,585 32,585 32,585 65,169 32,585 32,585 32,585 13 PM Hours No.Cost Evening Inc Night Inc Avg Per Total Employees per Month per Month per Month Employee Cost Local 39 Total Budgeted Positions - General Fund 10 12,320 0.20 0.55 328 3,276 Local 39 Total Budgeted Positions - All Funds 165 310,060 0.20 0.55 446 73,611 Local 39 Total Budgeted Positions - All 73,611 73,611 73,611 147,222 73,611 73,611 73,611 FY 2025 14 3% Wage Increase - Effective 6/17/2024 No.Avg Salary Total Salary 12 Month Avg Per Total Employees per Month per Month 3% Increase Employee Cost Local 39 Total Budgeted Positions - General Fund 93 4,737 440,576 153,575 1,651 153,575 Local 39 Total Budgeted Positions - All Funds 847 5,980 5,065,170 1,775,654 2,096 1,775,654 Local 39 Total Budgeted Positions - All 847 5,980 5,065,170 1,775,654 2,096 1,775,654 0 1,775,654 1,775,654 1,775,654 1,775,654 1,775,654 15 2% Wage Increase - Effective 12/30/2024 No.Avg Salary Total Salary 12 Month Avg Per Total Employees per Month per Month 2% Increase Employee Cost Local 39 Total Budgeted Positions - General Fund 93 4,832 449,379 105,639 1,136 105,639 Local 39 Total Budgeted Positions - All Funds 847 6,100 5,166,903 1,220,788 1,441 1,220,788 Local 39 Total Budgeted Positions - All 847 6,100 5,166,903 1,220,788 1,441 1,220,788 0 563,441 563,441 1,220,788 1,220,788 1,220,788 5 of 6 Summary Analysis of MOU Unit 01 Local 39 Budget Cash Basis Impacts Impacts Impacts FY 2024 FY 2025 Total FY 2026 FY 2027 FY 2028 Future No.Total Salary 12 Month Days Avg Per Adjusted Cost Cost MOU Cost Cost Cost Deferred Liab. Employees per Month 3% Increase Retro Employee Retro Cost (Savings)(Savings)Cost/(Savings)(Savings)(Savings)(Savings)Cost/(Savings) 16 HRA Benefit Expansion No.Avg Value Total Employees Per Employee Cost Local 39 Total Budgeted Positions - General Fund 0 0 Local 39 Total Budgeted Positions - All Funds 65 337 21,910 Local 39 Total Budgeted Positions - All 21,910 21,910 17 Supplemental Sick Avg Term Average Total Employees per Employee Cost Local 39 Total Budgeted Positions - General Fund 30,032 Local 39 Total Budgeted Positions - All Funds 58 5,944 344,732 Local 39 Total Budgeted Positions - All 344,732 344,732 18 Vacation No.Avg Total Employees per Employee Cost Local 39 Total Budgeted Positions - General Fund 20 4,179 30,905 1,754 35,084 Local 39 Total Budgeted Positions - All Funds 245 51,307 548,428 2,448 599,735 Local 39 Total Budgeted Positions - All 599,735 599,735 Total MOU costs (savings)5,121,269 6,763,825 11,885,095 7,421,173 7,421,173 7,421,173 966,377 Increase Max Accrual Limit Increase Max Acc & Rate 6 of 6 SEE APPENDIX FOR FOOTNOTES Page 1.1 EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective January 2, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 3966 3850 4166 4044 4373 4245 4591 4457 48204 679 Airports Operations Leadworker 310010 12 4633 4498 4864 4722 5108 4959 5364 5207 56325 467 Airports Operations Specialist 310012 12 4212 4089 4421 4292 4642 4506 4874 4732 51174 967 Automotive Parts Leadworker 145006 12 4212 4089 4421 4292 4642 4506 4874 4732 51174 967 Automotive Parts Specialist 145005 12 3827 3715 4019 3901 4218 4095 4431 4301 46514 515 Aviation Mechanic I 4100394 124 5138 4988 5397 5239 5663 5498 5949 5775 62456 063 Aviation Mechanic II 4100404 124 5653 5488 5934 5761 6231 6049 6544 6353 68696 668 Aviation Mechanic Leadworker 410041 12 6218 6036 6528 6337 6854 6654 7196 6986 75577 336 Body & Fender Repairer 320036 12 5138 4988 5397 5239 5663 5498 5949 5775 62456 063 Body & Fender Repairer Leadworker 320037 12 5653 5488 5934 5761 6231 6049 6544 6353 68696 668 Body & Fender Repairer Trainee 3200357 67 4632 4497 4863 4721 5107 4958 5363 5206 56305 466 Brake & Front End Specialist 710085 12 5653 5488 5934 5761 6231 6049 6544 6353 68696 668 Bus Air Conditioning Mechanic 320031 12 5138 4988 5397 5239 5663 5498 5949 5775 62456 063 Bus Air Conditioning Mechanic Leadworker 320032 12 5653 5488 5934 5761 6231 6049 6544 6353 68696 668 Bus Air Conditioning Mechanic Trainee 3200307 67 4632 4497 4863 4721 5107 4958 5363 5206 56305 466 Bus Equipment Attendant Leadworker 320040 12 4212 4089 4421 4292 4642 4506 4874 4732 51174 967 Bus Mechanic I 3200204 124 4632 4497 4863 4721 5107 4958 5363 5206 57135 546 Bus Mechanic II 3200214 124 5138 4988 5397 5239 5663 5498 5949 5775 62456 063 SEE APPENDIX FOR FOOTNOTES Page 1.1 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original Bus Mechanic Leadworker 320022 12 5653 5488 5934 5761 6231 6049 6544 6353 68696 668 Collection System Maintenance Specialist 630002 12 4685 4548 4919 4775 5165 5014 5422 5264 56935 527 Collection System Maintenance Technician 630001 12 4260 4135 4472 4341 4696 4559 4929 4785 51765 025 Combination Welder 710067 12 5138 4988 5397 5239 5663 5498 5949 5775 62456 063 Combination Welder Leadworker 710066 12 5653 5488 5934 5761 6231 6049 6544 6353 68696 668 Communications Technician I 710050 12 4606 4471 4837 4696 5077 4929 5331 5175 55985 434 Communications Technician II 710051 12 5077 4929 5331 5175 5598 5434 5877 5705 61715 991 SEE APPENDIX FOR FOOTNOTES Page 1.2 EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective January 2, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Specialist 610040 12 4922 4778 5169 5018 5426 5267 5696 5530 59805 805 Custodian 810001 12 3145 3053 3302 3205 3467 3366 3639 3533 38213 709 Electronic Equipment Installer 710060 12 3736 3627 3922 3807 4119 3999 4324 4198 45414 408 Equipment Service Worker I 710075 12 3827 3715 4019 3901 4218 4095 4431 4301 46514 515 Equipment Service Worker II 710076 12 4212 4089 4421 4292 4642 4506 4874 4732 51174 967 Fire Equipment Mechanic I 4200107 67 4632 4497 4863 4721 5107 4958 5363 5206 56305 466 Fire Equipment Mechanic II 420011 12 5138 4988 5397 5239 5663 5498 5949 5775 62456 063 Fire Equipment Mechanic Leadworker 420012 12 5653 5488 5934 5761 6231 6049 6544 6353 68696 668 Graffiti Abatement Technician 710009 12 3776 3666 3965 3849 4166 4044 4373 4245 45914 457 Heavy Equipment Mechanic I 7101004 124 4632 4497 4863 4721 5107 4958 5363 5206 56305 466 Heavy Equipment Mechanic II 7101014 124 5138 4988 5397 5239 5663 5498 5949 5775 62456 063 Heavy Equipment Mechanic Leadworker 710102 12 5653 5488 5934 5761 6231 6049 6544 6353 68696 668 Heavy Equipment Operator 710025 12 4779 4639 5020 4873 5269 5115 5534 5372 58085 638 Instrumentation Specialist 620025 12 5411 5253 5683 5517 5967 5793 6265 6082 65776 385 Instrumentation Technician 620026 12 4922 4778 5169 5018 5426 5267 5696 5530 59805 805 Irrigation Specialist 510005 12 4157 4035 4365 4237 4582 4448 4811 4670 50504 902 Laborer 710005 12 3191 3098 3338 3240 3490 3388 3650 3543 38213 709 SEE APPENDIX FOR FOOTNOTES Page 1.2 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the jou rney level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original Light Equipment Mechanic I 7100954 124 4632 4497 4863 4721 5107 4958 5363 5206 56305 466 Light Equipment Mechanic II 7100964 124 5138 4988 5397 5239 5663 5498 5949 5775 62456 063 Light Equipment Mechanic Leadworker 710097 12 5653 5488 5934 5761 6231 6049 6544 6353 68696 668 Light Equipment Operator 710020 12 4212 4089 4421 4292 4642 4506 4874 4732 51174 967 Locksmith 810015 12 3852 3739 4044 3926 4245 4121 4457 4327 46804 543 Maintenance & Construction Worker 710015 12 3827 3715 4019 3901 4218 4095 4431 4301 46514 515 Maintenance & Operations Assistant 710001 12 3191 3098 3338 3240 3490 3388 3650 3543 38213 709 SEE APPENDIX FOR FOOTNOTES Page 1.3 EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective January 2, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 4239 4115 4450 4320 4673 4536 4905 4762 5150 5000 Maintenance Carpenter II 810021 12 4675 4538 4909 4766 5154 5003 5410 5252 5682 5516 Park Equipment Mechanic I*** 7101094 124 3827 3715 4019 3901 4218 4095 4431 4301 4651 4515 Park Equipment Mechanic II 710110 12 4212 4089 4421 4292 4642 4506 4874 4732 5117 4967 Park Equipment Mechanic Leadworker 710111 12 4632 4497 4863 4721 5107 4958 5363 5206 5630 5466 Parking Meter Attendant I 7101254 124 3459 3358 3632 3526 3815 3703 4004 3887 4205 4082 Parking Meter Attendant II 7101264 124 3807 3696 3997 3880 4195 4072 4405 4276 4626 4491 Parking Meter Attendant III 710127 12 4186 4064 4394 4266 4614 4479 4846 4704 5086 4937 Parks Maintenance Leadworker 510003 12 4157 4035 4365 4237 4582 4448 4811 4670 5050 4902 Parks Maintenance Worker I 510001 12 3145 3053 3302 3205 3467 3366 3639 3533 3821 3709 Parks Maintenance Worker II 510002 12 3778 3667 3966 3850 4166 4044 4373 4245 4591 4457 Power Generation Operator/Mechanic 620055 12 5703 5536 5986 5811 6287 6103 6599 6406 6929 6727 Property Maintenance Leadworker 810007 12 4247 4123 4458 4328 4682 4545 4917 4773 5162 5011 Property Maintenance Worker 810006 12 3966 3850 4166 4044 4375 4247 4592 4458 4820 4679 Roofer 810010 12 3852 3739 4043 3925 4246 4122 4457 4327 4680 4543 Sanitation Operator 640021 12 4212 4089 4421 4292 4642 4506 4874 4732 5117 4967 Senior Collection System Maintenance Specialist 630004 12 5153 5002 5409 5251 5681 5515 5964 5790 6262 6079 Senior Communications Technician 710052 12 5601 5437 5880 5708 6175 5995 6482 6293 6807 6608 Senior Custodian 810002 12 3459 3358 3632 3526 3815 3703 4004 3887 4205 4082 SEE APPENDIX FOR FOOTNOTES Page 1.3 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary per iod at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. *** Effective 4/24/2023, by the Thirteenth Amendment to the Salary Resolution 2022-152. 6/29/2023 Fifteenth Amendment Supersedes Original Senior Heavy Equipment Operator 710026 12 5883 5711 6177 5997 6485 6296 6810 6611 7151 6942 Senior Sanitation Operator 640022 12 4779 4639 5020 4873 5269 5115 5534 5372 5808 5638 Senior Wastewater Mechanical Specialist 620062 12 5183 5032 5443 5284 5714 5547 6001 5826 6299 6115 Senior Wastewater Treatment Plant Operator 620043 12 6020 5844 6323 6138 6638 6444 6969 6766 7318 7104 Senior Water Distribution/Production Operator 610030 12 6020 5844 6323 6138 6638 6444 6969 6766 7318 7104 Senior Water Treatment Plant Operator 610039 12 6531 5965 6857 6263 7200 6576 7561 6905 7939 7249 Solid Waste Safety & Training Specialist 640005 12 4559 4426 4781 4641 5018 4871 5262 5108 5519 5358 SEE APPENDIX FOR FOOTNOTES Page 1.4 EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective January 2, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 4316 4190 4530 4398 4756 4617 4995 4849 52435 090 Street Sweeper Lead Operator 710036 12 4632 4497 4863 4721 5107 4958 5363 5206 56305 466 Street Sweeper Operator 710035 12 4212 4089 4421 4292 4642 4506 4874 4732 51174 967 Tire Maintenance & Repair Technician 710081 12 4212 4089 4421 4292 4642 4506 4874 4732 51174 967 Tire Maintenance Worker 710080 12 3827 3715 4019 3901 4218 4095 4431 4301 46514 515 Traffic Maintenance Leadworker 710046 12 4316 4190 4530 4398 4756 4617 4995 4849 52435 090 Traffic Maintenance Worker I 7100444 124 3558 3454 3736 3627 3922 3807 4119 3999 43244 198 Traffic Maintenance Worker II 7100454 124 3913 3799 4108 3988 4315 4189 4529 4397 47544 615 Tree Trimmer Leadworker 510010 12 4282 4157 4495 4364 4721 4583 4958 4813 52065 054 Utility Leadworker 710010 12 4157 4035 4365 4237 4582 4448 4811 4670 50504 902 Waste Container Maintenance Worker 640010 12 3459 3358 3632 3526 3815 3703 4004 3887 42054 082 Wastewater Distributor Technician 620050 12 3872 3759 4065 3946 4269 4144 4481 4350 47054 567 Wastewater Mechanical Specialist 620061 12 4922 4778 5169 5018 5426 5267 5696 5530 59805 805 Wastewater Mechanical Technician 620060 12 4476 4345 4699 4562 4932 4788 5179 5028 54385 279 Wastewater Treatment Plant Operator-In- Training 6200401 - 3872 3759 4065 3946 4269 4144 4481 4350 47054 567 Wastewater Treatment Plant Specialist 6200425 125 5183 5032 5443 5284 5714 5547 6001 5826 62996 115 Wastewater Treatment Plant Technician 6200415 125 4922 4778 5169 5018 5426 5267 5696 5530 59805 805 Water Distribution/Production Specialist 610029 12 4922 4778 5169 5018 5426 5267 5696 5530 59805 805 Water Distribution/Production Technician 610028 12 4476 4345 4699 4562 4932 4788 5179 5028 54385 279 SEE APPENDIX FOR FOOTNOTES Page 1.4 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6/29/2023 Fifteenth Amendment Supersedes Original Water Maintenance Mechanic Specialist 610032 12 4922 4778 5169 5018 5426 5267 5696 5530 59805 805 Water System Trainee 6100231 - 3191 3098 3338 3240 3490 3388 3650 3543 38213 709 Water Treatment Plant Operator 610042 12 5308 4778 5574 5018 5853 5267 6145 5530 64525 805 Water Treatment Plant Operator-In-Training 6100411 - 3872 3759 4065 3946 4269 4144 4481 4350 47054 567 Water Maintenance Mechanic Technician 610031 12 4476 4345 4699 4562 4932 4788 5179 5028 54385 279 Water Quality Specialist 610034 12 4922 4778 5169 5018 5426 5267 5696 5530 59805 805 Water Quality Technician 610033 12 4476 4345 4699 4562 4932 4788 5179 5028 54385 279 Welder 710065 12 4632 4497 4863 4721 5107 4958 5363 5206 56305 466 SEE APPENDIX FOR FOOTNOTES Page 1.5 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 4085 4291 4505 4729 4965 Airports Operations Leadworker 310010 12 4772 5010 5262 5525 5801 Airports Operations Specialist 310012 12 4339 4554 4782 5021 5271 Automotive Parts Leadworker 145006 12 4339 4554 4782 5021 5271 Automotive Parts Specialist 145005 12 3942 4140 4345 4564 4791 Aviation Mechanic I 4100394 124 5293 5559 5833 6128 6433 Aviation Mechanic II 4100404 124 5823 6113 6418 6741 7076 Aviation Mechanic Leadworker 410041 12 6405 6724 7060 7412 7784 Body & Fender Repairer 320036 12 5293 5559 5833 6128 6433 Body & Fender Repairer Leadworker 320037 12 5823 6113 6418 6741 7076 Body & Fender Repairer Trainee 3200357 67 4771 5009 5261 5524 5799 Brake & Front End Specialist 710085 12 5823 6113 6418 6741 7076 Bus Air Conditioning Mechanic 320031 12 5293 5559 5833 6128 6433 Bus Air Conditioning Mechanic Leadworker 320032 12 5823 6113 6418 6741 7076 Bus Air Conditioning Mechanic Trainee 3200307 67 4771 5009 5261 5524 5799 Bus Equipment Attendant Leadworker 320040 12 4339 4554 4782 5021 5271 Bus Mechanic I 3200204 124 4771 5009 5261 5524 5885 Bus Mechanic II 3200214 124 5293 5559 5833 6128 6433 Bus Mechanic Leadworker 320022 12 5823 6113 6418 6741 7076 Collection System Maintenance Specialist 630002 12 4826 5067 5320 5585 5864 Collection System Maintenance Technician 630001 12 4388 4607 4837 5077 5332 Combination Welder 710067 12 5293 5559 5833 6128 6433 Combination Welder Leadworker 710066 12 5823 6113 6418 6741 7076 Communications Technician I 710050 12 4745 4983 5230 5491 5766 Communications Technician II 710051 12 5230 5491 5766 6054 6357 SEE APPENDIX FOR FOOTNOTES Page 1.6 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Specialist 610040 12 5070 5325 5589 5867 6160 Custodian 810001 12 3240 3402 3572 3749 3936 Electronic Equipment Installer 710060 12 3849 4040 4243 4454 4678 Equipment Service Worker I 710075 12 3942 4140 4345 4564 4791 Equipment Service Worker II 710076 12 4339 4554 4782 5021 5271 Fire Equipment Mechanic I 4200107 67 4771 5009 5261 5524 5799 Fire Equipment Mechanic II 420011 12 5293 5559 5833 6128 6433 Fire Equipment Mechanic Leadworker 420012 12 5823 6113 6418 6741 7076 Graffiti Abatement Technician 710009 12 3890 4084 4291 4505 4729 Heavy Equipment Mechanic I 7101004 124 4771 5009 5261 5524 5799 Heavy Equipment Mechanic II 7101014 124 5293 5559 5833 6128 6433 Heavy Equipment Mechanic Leadworker 710102 12 5823 6113 6418 6741 7076 Heavy Equipment Operator 710025 12 4923 5171 5428 5701 5983 Instrumentation Specialist 620025 12 5574 5854 6147 6453 6775 Instrumentation Technician 620026 12 5070 5325 5589 5867 6160 Irrigation Specialist 510005 12 4282 4496 4720 4956 5202 Laborer 710005 12 3287 3439 3595 3760 3936 Light Equipment Mechanic I 7100954 124 4771 5009 5261 5524 5799 Light Equipment Mechanic II 7100964 124 5293 5559 5833 6128 6433 Light Equipment Mechanic Leadworker 710097 12 5823 6113 6418 6741 7076 Light Equipment Operator 710020 12 4339 4554 4782 5021 5271 Locksmith 810015 12 3968 4166 4373 4591 4821 Maintenance & Construction Worker 710015 12 3942 4140 4345 4564 4791 Maintenance & Operations Assistant 710001 12 3287 3439 3595 3760 3936 SEE APPENDIX FOR FOOTNOTES Page 1.7 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 4367 4584 4814 5053 5305 Maintenance Carpenter II 810021 12 4816 5057 5309 5573 5853 Park Equipment Mechanic I 7101094 124 3942 4140 4345 4564 4791 Park Equipment Mechanic II 710110 12 4339 4554 4782 5021 5271 Park Equipment Mechanic Leadworker 710111 12 4771 5009 5261 5524 5799 Parking Meter Attendant I 7101254 124 3563 3741 3930 4125 4332 Parking Meter Attendant II 7101264 124 3922 4117 4321 4538 4765 Parking Meter Attendant III 710127 12 4312 4526 4753 4992 5239 Parks Maintenance Leadworker 510003 12 4282 4496 4720 4956 5202 Parks Maintenance Worker I 510001 12 3240 3402 3572 3749 3936 Parks Maintenance Worker II 510002 12 3892 4085 4291 4505 4729 Power Generation Operator/Mechanic 620055 12 5875 6166 6476 6797 7137 Property Maintenance Leadworker 810007 12 4375 4592 4823 5065 5317 Property Maintenance Worker 810006 12 4085 4291 4507 4730 4965 Roofer 810010 12 3968 4165 4374 4591 4821 Sanitation Operator 640021 12 4339 4554 4782 5021 5271 Senior Collection System Maintenance Specialist 630004 12 5308 5572 5852 6143 6450 Senior Communications Technician 710052 12 5770 6057 6361 6677 7012 Senior Custodian 810002 12 3563 3741 3930 4125 4332 Senior Heavy Equipment Operator 710026 12 6060 6363 6680 7015 7366 Senior Sanitation Operator 640022 12 4923 5171 5428 5701 5983 Senior Wastewater Mechanical Specialist 620062 12 5339 5607 5886 6182 6488 Senior Wastewater Treatment Plant Operator 620043 12 6201 6513 6838 7179 7538 Senior Water Distribution/Production Operator 610030 12 6201 6513 6838 7179 7538 Senior Water Treatment Plant Operator 610039 12 6727 7063 7416 7788 8178 Solid Waste Safety & Training Specialist 640005 12 4696 4925 5169 5420 5685 SEE APPENDIX FOR FOOTNOTES Page 1.8 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6/29/2023 Fifteenth Amendment EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 4446 4666 4899 5145 5401 Street Sweeper Lead Operator 710036 12 4771 5009 5261 5524 5799 Street Sweeper Operator 710035 12 4339 4554 4782 5021 5271 Tire Maintenance & Repair Technician 710081 12 4339 4554 4782 5021 5271 Tire Maintenance Worker 710080 12 3942 4140 4345 4564 4791 Traffic Maintenance Leadworker 710046 12 4446 4666 4899 5145 5401 Traffic Maintenance Worker I 7100444 124 3665 3849 4040 4243 4454 Traffic Maintenance Worker II 7100454 124 4031 4232 4445 4665 4897 Tree Trimmer Leadworker 510010 12 4411 4630 4863 5107 5363 Utility Leadworker 710010 12 4282 4496 4720 4956 5202 Waste Container Maintenance Worker 640010 12 3563 3741 3930 4125 4332 Wastewater Distributor Technician 620050 12 3989 4187 4398 4616 4847 Wastewater Mechanical Specialist 620061 12 5070 5325 5589 5867 6160 Wastewater Mechanical Technician 620060 12 4611 4840 5080 5335 5602 Wastewater Treatment Plant Operator-In- Training 6200401 - 3989 4187 4398 4616 4847 Wastewater Treatment Plant Specialist 6200425 125 5339 5607 5886 6182 6488 Wastewater Treatment Plant Technician 6200415 125 5070 5325 5589 5867 6160 Water Distribution/Production Specialist 610029 12 5070 5325 5589 5867 6160 Water Distribution/Production Technician 610028 12 4611 4840 5080 5335 5602 Water Maintenance Mechanic Specialist 610032 12 5070 5325 5589 5867 6160 Water System Trainee 6100231 - 3287 3439 3595 3760 3936 Water Treatment Plant Operator 610042 12 5468 5742 6029 6330 6646 Water Treatment Plant Operator-In-Training 6100411 - 3989 4187 4398 4616 4847 Water Maintenance Mechanic Technician 610031 12 4611 4840 5080 5335 5602 Water Quality Specialist 610034 12 5070 5325 5589 5867 6160 Water Quality Technician 610033 12 4611 4840 5080 5335 5602 Welder 710065 12 4771 5009 5261 5524 5799 SEE APPENDIX FOR FOOTNOTES Page 1.9 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 18, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 4126 4334 4551 4777 5015 Airports Operations Leadworker 310010 12 4820 5061 5315 5581 5860 Airports Operations Specialist 310012 12 4383 4600 4830 5072 5324 Automotive Parts Leadworker 145006 12 4383 4600 4830 5072 5324 Automotive Parts Specialist 145005 12 3982 4182 4389 4610 4839 Aviation Mechanic I 4100394 124 5346 5615 5892 6190 6498 Aviation Mechanic II 4100404 124 5882 6175 6483 6809 7147 Aviation Mechanic Leadworker 410041 12 6470 6792 7131 7487 7862 Body & Fender Repairer 320036 12 5346 5615 5892 6190 6498 Body & Fender Repairer Leadworker 320037 12 5882 6175 6483 6809 7147 Body & Fender Repairer Trainee 3200357 67 4819 5060 5314 5580 5857 Brake & Front End Specialist 710085 12 5882 6175 6483 6809 7147 Bus Air Conditioning Mechanic 320031 12 5346 5615 5892 6190 6498 Bus Air Conditioning Mechanic Leadworker 320032 12 5882 6175 6483 6809 7147 Bus Air Conditioning Mechanic Trainee 3200307 67 4819 5060 5314 5580 5857 Bus Equipment Attendant Leadworker 320040 12 4383 4600 4830 5072 5324 Bus Mechanic I 3200204 124 4819 5060 5314 5580 5944 Bus Mechanic II 3200214 124 5346 5615 5892 6190 6498 Bus Mechanic Leadworker 320022 12 5882 6175 6483 6809 7147 Collection System Maintenance Specialist 630002 12 4875 5118 5374 5641 5923 Collection System Maintenance Technician 630001 12 4432 4654 4886 5128 5386 Combination Welder 710067 12 5346 5615 5892 6190 6498 Combination Welder Leadworker 710066 12 5882 6175 6483 6809 7147 Communications Technician I 710050 12 4793 5033 5283 5546 5824 Communications Technician II 710051 12 5283 5546 5824 6115 6421 SEE APPENDIX FOR FOOTNOTES Page 1.10 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 18, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Specialist 610040 12 5121 5379 5645 5926 6222 Custodian 810001 12 3273 3437 3608 3787 3976 Electronic Equipment Installer 710060 12 3888 4081 4286 4499 4725 Equipment Service Worker I 710075 12 3982 4182 4389 4610 4839 Equipment Service Worker II 710076 12 4383 4600 4830 5072 5324 Fire Equipment Mechanic I 4200107 67 4819 5060 5314 5580 5857 Fire Equipment Mechanic II 420011 12 5346 5615 5892 6190 6498 Fire Equipment Mechanic Leadworker 420012 12 5882 6175 6483 6809 7147 Graffiti Abatement Technician 710009 12 3929 4125 4334 4551 4777 Heavy Equipment Mechanic I 7101004 124 4819 5060 5314 5580 5857 Heavy Equipment Mechanic II 7101014 124 5346 5615 5892 6190 6498 Heavy Equipment Mechanic Leadworker 710102 12 5882 6175 6483 6809 7147 Heavy Equipment Operator 710025 12 4973 5223 5483 5759 6043 Instrumentation Specialist 620025 12 5630 5913 6209 6518 6843 Instrumentation Technician 620026 12 5121 5379 5645 5926 6222 Irrigation Specialist 510005 12 4325 4541 4768 5006 5255 Laborer 710005 12 3320 3474 3631 3798 3976 Light Equipment Mechanic I 7100954 124 4819 5060 5314 5580 5857 Light Equipment Mechanic II 7100964 124 5346 5615 5892 6190 6498 Light Equipment Mechanic Leadworker 710097 12 5882 6175 6483 6809 7147 Light Equipment Operator 710020 12 4383 4600 4830 5072 5324 Locksmith 810015 12 4008 4208 4417 4637 4870 Maintenance & Construction Worker 710015 12 3982 4182 4389 4610 4839 Maintenance & Operations Assistant 710001 12 3320 3474 3631 3798 3976 SEE APPENDIX FOR FOOTNOTES Page 1.11 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary per iod at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 18, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 4411 4630 4863 5104 5359 Maintenance Carpenter II 810021 12 4865 5108 5363 5629 5912 Park Equipment Mechanic I 7101094 124 3982 4182 4389 4610 4839 Park Equipment Mechanic II 710110 12 4383 4600 4830 5072 5324 Park Equipment Mechanic Leadworker 710111 12 4819 5060 5314 5580 5857 Parking Meter Attendant I 7101254 124 3599 3779 3970 4167 4376 Parking Meter Attendant II 7101264 124 3962 4159 4365 4584 4813 Parking Meter Attendant III 710127 12 4356 4572 4801 5042 5292 Parks Maintenance Leadworker 510003 12 4325 4541 4768 5006 5255 Parks Maintenance Worker I 510001 12 3273 3437 3608 3787 3976 Parks Maintenance Worker II 510002 12 3931 4126 4334 4551 4777 Power Generation Operator/Mechanic 620055 12 5934 6228 6541 6865 7209 Property Maintenance Leadworker 810007 12 4419 4638 4872 5116 5371 Property Maintenance Worker 810006 12 4126 4334 4553 4778 5015 Roofer 810010 12 4008 4207 4418 4637 4870 Sanitation Operator 640021 12 4383 4600 4830 5072 5324 Senior Collection System Maintenance Specialist 630004 12 5362 5628 5911 6205 6515 Senior Communications Technician 710052 12 5828 6118 6425 6744 7083 Senior Custodian 810002 12 3599 3779 3970 4167 4376 Senior Heavy Equipment Operator 710026 12 6121 6427 6747 7086 7440 Senior Sanitation Operator 640022 12 4973 5223 5483 5759 6043 Senior Wastewater Mechanical Specialist 620062 12 5393 5664 5945 6244 6553 Senior Wastewater Treatment Plant Operator 620043 12 6264 6579 6907 7251 7614 Senior Water Distribution/Production Operator 610030 12 6264 6579 6907 7251 7614 Senior Water Treatment Plant Operator 610039 12 6795 7134 7491 7866 8260 Solid Waste Safety & Training Specialist 640005 12 4743 4975 5221 5475 5742 SEE APPENDIX FOR FOOTNOTES Page 1.12 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 18, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 4491 4713 4948 5197 5456 Street Sweeper Lead Operator 710036 12 4819 5060 5314 5580 5857 Street Sweeper Operator 710035 12 4383 4600 4830 5072 5324 Tire Maintenance & Repair Technician 710081 12 4383 4600 4830 5072 5324 Tire Maintenance Worker 710080 12 3982 4182 4389 4610 4839 Traffic Maintenance Leadworker 710046 12 4491 4713 4948 5197 5456 Traffic Maintenance Worker I 7100444 124 3702 3888 4081 4286 4499 Traffic Maintenance Worker II 7100454 124 4072 4275 4490 4712 4946 Tree Trimmer Leadworker 510010 12 4456 4677 4912 5159 5417 Utility Leadworker 710010 12 4325 4541 4768 5006 5255 Waste Container Maintenance Worker 640010 12 3599 3779 3970 4167 4376 Wastewater Distributor Technician 620050 12 4029 4229 4442 4663 4896 Wastewater Mechanical Specialist 620061 12 5121 5379 5645 5926 6222 Wastewater Mechanical Technician 620060 12 4658 4889 5131 5389 5659 Wastewater Treatment Plant Operator-In- Training 6200401 - 4029 4229 4442 4663 4896 Wastewater Treatment Plant Specialist 6200425 125 5393 5664 5945 6244 6553 Wastewater Treatment Plant Technician 6200415 125 5121 5379 5645 5926 6222 Water Distribution/Production Specialist 610029 12 5121 5379 5645 5926 6222 Water Distribution/Production Technician 610028 12 4658 4889 5131 5389 5659 Water Maintenance Mechanic Specialist 610032 12 5121 5379 5645 5926 6222 Water System Trainee 6100231 - 3320 3474 3631 3798 3976 Water Treatment Plant Operator 610042 12 5523 5800 6090 6394 6713 Water Treatment Plant Operator-In-Training 6100411 - 4029 4229 4442 4663 4896 Water Maintenance Mechanic Technician 610031 12 4658 4889 5131 5389 5659 Water Quality Specialist 610034 12 5121 5379 5645 5926 6222 Water Quality Technician 610033 12 4658 4889 5131 5389 5659 Welder 710065 12 4819 5060 5314 5580 5857 SEE APPENDIX FOR FOOTNOTES Page 1.13 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary per iod at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective June 17, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 4250 4465 4688 4921 5166 Airports Operations Leadworker 310010 12 4965 5213 5475 5749 6036 Airports Operations Specialist 310012 12 4515 4738 4975 5225 5484 Automotive Parts Leadworker 145006 12 4515 4738 4975 5225 5484 Automotive Parts Specialist 145005 12 4102 4308 4521 4749 4985 Aviation Mechanic I 4100394 124 5507 5784 6069 6376 6693 Aviation Mechanic II 4100404 124 6059 6361 6678 7014 7362 Aviation Mechanic Leadworker 410041 12 6665 6996 7345 7712 8098 Body & Fender Repairer 320036 12 5507 5784 6069 6376 6693 Body & Fender Repairer Leadworker 320037 12 6059 6361 6678 7014 7362 Body & Fender Repairer Trainee 3200357 67 4964 5212 5474 5748 6033 Brake & Front End Specialist 710085 12 6059 6361 6678 7014 7362 Bus Air Conditioning Mechanic 320031 12 5507 5784 6069 6376 6693 Bus Air Conditioning Mechanic Leadworker 320032 12 6059 6361 6678 7014 7362 Bus Air Conditioning Mechanic Trainee 3200307 67 4964 5212 5474 5748 6033 Bus Equipment Attendant Leadworker 320040 12 4515 4738 4975 5225 5484 Bus Mechanic I 3200204 124 4964 5212 5474 5748 6123 Bus Mechanic II 3200214 124 5507 5784 6069 6376 6693 Bus Mechanic Leadworker 320022 12 6059 6361 6678 7014 7362 Collection System Maintenance Specialist 630002 12 5022 5272 5536 5811 6101 Collection System Maintenance Technician 630001 12 4565 4794 5033 5282 5548 Combination Welder 710067 12 5507 5784 6069 6376 6693 Combination Welder Leadworker 710066 12 6059 6361 6678 7014 7362 Communications Technician I 710050 12 4937 5184 5442 5713 5999 Communications Technician II 710051 12 5442 5713 5999 6299 6614 SEE APPENDIX FOR FOOTNOTES Page 1.14 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective June 17, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Specialist 610040 12 5275 5541 5815 6104 6409 Custodian 810001 12 3372 3541 3717 3901 4096 Electronic Equipment Installer 710060 12 4005 4204 4415 4634 4867 Equipment Service Worker I 710075 12 4102 4308 4521 4749 4985 Equipment Service Worker II 710076 12 4515 4738 4975 5225 5484 Fire Equipment Mechanic I 4200107 67 4964 5212 5474 5748 6033 Fire Equipment Mechanic II 420011 12 5507 5784 6069 6376 6693 Fire Equipment Mechanic Leadworker 420012 12 6059 6361 6678 7014 7362 Graffiti Abatement Technician 710009 12 4047 4249 4465 4688 4921 Heavy Equipment Mechanic I 7101004 124 4964 5212 5474 5748 6033 Heavy Equipment Mechanic II 7101014 124 5507 5784 6069 6376 6693 Heavy Equipment Mechanic Leadworker 710102 12 6059 6361 6678 7014 7362 Heavy Equipment Operator 710025 12 5123 5380 5648 5932 6225 Instrumentation Specialist 620025 12 5799 6091 6396 6714 7049 Instrumentation Technician 620026 12 5275 5541 5815 6104 6409 Irrigation Specialist 510005 12 4455 4678 4912 5157 5413 Laborer 710005 12 3420 3579 3740 3912 4096 Light Equipment Mechanic I 7100954 124 4964 5212 5474 5748 6033 Light Equipment Mechanic II 7100964 124 5507 5784 6069 6376 6693 Light Equipment Mechanic Leadworker 710097 12 6059 6361 6678 7014 7362 Light Equipment Operator 710020 12 4515 4738 4975 5225 5484 Locksmith 810015 12 4129 4335 4550 4777 5017 Maintenance & Construction Worker 710015 12 4102 4308 4521 4749 4985 Maintenance & Operations Assistant 710001 12 3420 3579 3740 3912 4096 SEE APPENDIX FOR FOOTNOTES Page 1.15 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary per iod at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective June 17, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 4544 4769 5009 5258 5520 Maintenance Carpenter II 810021 12 5011 5262 5524 5798 6090 Park Equipment Mechanic I 7101094 124 4102 4308 4521 4749 4985 Park Equipment Mechanic II 710110 12 4515 4738 4975 5225 5484 Park Equipment Mechanic Leadworker 710111 12 4964 5212 5474 5748 6033 Parking Meter Attendant I 7101254 124 3707 3893 4090 4293 4508 Parking Meter Attendant II 7101264 124 4081 4284 4496 4722 4958 Parking Meter Attendant III 710127 12 4487 4710 4946 5194 5451 Parks Maintenance Leadworker 510003 12 4455 4678 4912 5157 5413 Parks Maintenance Worker I 510001 12 3372 3541 3717 3901 4096 Parks Maintenance Worker II 510002 12 4049 4250 4465 4688 4921 Power Generation Operator/Mechanic 620055 12 6113 6415 6738 7071 7426 Property Maintenance Leadworker 810007 12 4552 4778 5019 5270 5533 Property Maintenance Worker 810006 12 4250 4465 4690 4922 5166 Roofer 810010 12 4129 4334 4551 4777 5017 Sanitation Operator 640021 12 4515 4738 4975 5225 5484 Senior Collection System Maintenance Specialist 630004 12 5523 5797 6089 6392 6711 Senior Communications Technician 710052 12 6003 6302 6618 6947 7296 Senior Custodian 810002 12 3707 3893 4090 4293 4508 Senior Heavy Equipment Operator 710026 12 6305 6620 6950 7299 7664 Senior Sanitation Operator 640022 12 5123 5380 5648 5932 6225 Senior Wastewater Mechanical Specialist 620062 12 5555 5834 6124 6432 6750 Senior Wastewater Treatment Plant Operator 620043 12 6452 6777 7115 7469 7843 Senior Water Distribution/Production Operator 610030 12 6452 6777 7115 7469 7843 Senior Water Treatment Plant Operator 610039 12 6999 7349 7716 8102 8508 Solid Waste Safety & Training Specialist 640005 12 4886 5125 5378 5640 5915 SEE APPENDIX FOR FOOTNOTES Page 1.16 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective June 17, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 4626 4855 5097 5353 5620 Street Sweeper Lead Operator 710036 12 4964 5212 5474 5748 6033 Street Sweeper Operator 710035 12 4515 4738 4975 5225 5484 Tire Maintenance & Repair Technician 710081 12 4515 4738 4975 5225 5484 Tire Maintenance Worker 710080 12 4102 4308 4521 4749 4985 Traffic Maintenance Leadworker 710046 12 4626 4855 5097 5353 5620 Traffic Maintenance Worker I 7100444 124 3814 4005 4204 4415 4634 Traffic Maintenance Worker II 7100454 124 4195 4404 4625 4854 5095 Tree Trimmer Leadworker 510010 12 4590 4818 5060 5314 5580 Utility Leadworker 710010 12 4455 4678 4912 5157 5413 Waste Container Maintenance Worker 640010 12 3707 3893 4090 4293 4508 Wastewater Distributor Technician 620050 12 4150 4356 4576 4803 5043 Wastewater Mechanical Specialist 620061 12 5275 5541 5815 6104 6409 Wastewater Mechanical Technician 620060 12 4798 5036 5285 5551 5829 Wastewater Treatment Plant Operator-In- Training 6200401 - 4150 4356 4576 4803 5043 Wastewater Treatment Plant Specialist 6200425 125 5555 5834 6124 6432 6750 Wastewater Treatment Plant Technician 6200415 125 5275 5541 5815 6104 6409 Water Distribution/Production Specialist 610029 12 5275 5541 5815 6104 6409 Water Distribution/Production Technician 610028 12 4798 5036 5285 5551 5829 Water Maintenance Mechanic Specialist 610032 12 5275 5541 5815 6104 6409 Water System Trainee 6100231 - 3420 3579 3740 3912 4096 Water Treatment Plant Operator 610042 12 5689 5974 6273 6586 6915 Water Treatment Plant Operator-In-Training 6100411 - 4150 4356 4576 4803 5043 Water Maintenance Mechanic Technician 610031 12 4798 5036 5285 5551 5829 Water Quality Specialist 610034 12 5275 5541 5815 6104 6409 Water Quality Technician 610033 12 4798 5036 5285 5551 5829 Welder 710065 12 4964 5212 5474 5748 6033 SEE APPENDIX FOR FOOTNOTES Page 1.17 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary per iod at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 30, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 4335 4555 4782 5020 5270 Airports Operations Leadworker 310010 12 5065 5318 5585 5864 6157 Airports Operations Specialist 310012 12 4606 4833 5075 5330 5594 Automotive Parts Leadworker 145006 12 4606 4833 5075 5330 5594 Automotive Parts Specialist 145005 12 4185 4395 4612 4844 5085 Aviation Mechanic I 4100394 124 5618 5900 6191 6504 6827 Aviation Mechanic II 4100404 124 6181 6489 6812 7155 7510 Aviation Mechanic Leadworker 410041 12 6799 7136 7492 7867 8260 Body & Fender Repairer 320036 12 5618 5900 6191 6504 6827 Body & Fender Repairer Leadworker 320037 12 6181 6489 6812 7155 7510 Body & Fender Repairer Trainee 3200357 67 5064 5317 5584 5863 6154 Brake & Front End Specialist 710085 12 6181 6489 6812 7155 7510 Bus Air Conditioning Mechanic 320031 12 5618 5900 6191 6504 6827 Bus Air Conditioning Mechanic Leadworker 320032 12 6181 6489 6812 7155 7510 Bus Air Conditioning Mechanic Trainee 3200307 67 5064 5317 5584 5863 6154 Bus Equipment Attendant Leadworker 320040 12 4606 4833 5075 5330 5594 Bus Mechanic I 3200204 124 5064 5317 5584 5863 6246 Bus Mechanic II 3200214 124 5618 5900 6191 6504 6827 Bus Mechanic Leadworker 320022 12 6181 6489 6812 7155 7510 Collection System Maintenance Specialist 630002 12 5123 5378 5647 5928 6224 Collection System Maintenance Technician 630001 12 4657 4890 5134 5388 5659 Combination Welder 710067 12 5618 5900 6191 6504 6827 Combination Welder Leadworker 710066 12 6181 6489 6812 7155 7510 Communications Technician I 710050 12 5036 5288 5551 5828 6119 Communications Technician II 710051 12 5551 5828 6119 6425 6747 SEE APPENDIX FOR FOOTNOTES Page 1.18 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 30, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Specialist 610040 12 5381 5652 5932 6227 6538 Custodian 810001 12 3440 3612 3792 3980 4178 Electronic Equipment Installer 710060 12 4086 4289 4504 4727 4965 Equipment Service Worker I 710075 12 4185 4395 4612 4844 5085 Equipment Service Worker II 710076 12 4606 4833 5075 5330 5594 Fire Equipment Mechanic I 4200107 67 5064 5317 5584 5863 6154 Fire Equipment Mechanic II 420011 12 5618 5900 6191 6504 6827 Fire Equipment Mechanic Leadworker 420012 12 6181 6489 6812 7155 7510 Graffiti Abatement Technician 710009 12 4128 4334 4555 4782 5020 Heavy Equipment Mechanic I 7101004 124 5064 5317 5584 5863 6154 Heavy Equipment Mechanic II 7101014 124 5618 5900 6191 6504 6827 Heavy Equipment Mechanic Leadworker 710102 12 6181 6489 6812 7155 7510 Heavy Equipment Operator 710025 12 5226 5488 5761 6051 6350 Instrumentation Specialist 620025 12 5915 6213 6524 6849 7190 Instrumentation Technician 620026 12 5381 5652 5932 6227 6538 Irrigation Specialist 510005 12 4545 4772 5011 5261 5522 Laborer 710005 12 3489 3651 3815 3991 4178 Light Equipment Mechanic I 7100954 124 5064 5317 5584 5863 6154 Light Equipment Mechanic II 7100964 124 5618 5900 6191 6504 6827 Light Equipment Mechanic Leadworker 710097 12 6181 6489 6812 7155 7510 Light Equipment Operator 710020 12 4606 4833 5075 5330 5594 Locksmith 810015 12 4212 4422 4641 4873 5118 Maintenance & Construction Worker 710015 12 4185 4395 4612 4844 5085 Maintenance & Operations Assistant 710001 12 3489 3651 3815 3991 4178 SEE APPENDIX FOR FOOTNOTES Page 1.19 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary per iod at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 30, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 4635 4865 5110 5364 5631 Maintenance Carpenter II 810021 12 5112 5368 5635 5914 6212 Park Equipment Mechanic I 7101094 124 4185 4395 4612 4844 5085 Park Equipment Mechanic II 710110 12 4606 4833 5075 5330 5594 Park Equipment Mechanic Leadworker 710111 12 5064 5317 5584 5863 6154 Parking Meter Attendant I 7101254 124 3782 3971 4172 4379 4599 Parking Meter Attendant II 7101264 124 4163 4370 4586 4817 5058 Parking Meter Attendant III 710127 12 4577 4805 5045 5298 5561 Parks Maintenance Leadworker 510003 12 4545 4772 5011 5261 5522 Parks Maintenance Worker I 510001 12 3440 3612 3792 3980 4178 Parks Maintenance Worker II 510002 12 4130 4335 4555 4782 5020 Power Generation Operator/Mechanic 620055 12 6236 6544 6873 7213 7575 Property Maintenance Leadworker 810007 12 4644 4874 5120 5376 5644 Property Maintenance Worker 810006 12 4335 4555 4784 5021 5270 Roofer 810010 12 4212 4421 4643 4873 5118 Sanitation Operator 640021 12 4606 4833 5075 5330 5594 Senior Collection System Maintenance Specialist 630004 12 5634 5913 6211 6520 6846 Senior Communications Technician 710052 12 6124 6429 6751 7086 7442 Senior Custodian 810002 12 3782 3971 4172 4379 4599 Senior Heavy Equipment Operator 710026 12 6432 6753 7089 7445 7818 Senior Sanitation Operator 640022 12 5226 5488 5761 6051 6350 Senior Wastewater Mechanical Specialist 620062 12 5667 5951 6247 6561 6885 Senior Wastewater Treatment Plant Operator 620043 12 6582 6913 7258 7619 8000 Senior Water Distribution/Production Operator 610030 12 6582 6913 7258 7619 8000 Senior Water Treatment Plant Operator 610039 12 7139 7496 7871 8265 8679 Solid Waste Safety & Training Specialist 640005 12 4984 5228 5486 5753 6034 SEE APPENDIX FOR FOOTNOTES Page 1.20 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 30, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 4719 4953 5199 5461 5733 Street Sweeper Lead Operator 710036 12 5064 5317 5584 5863 6154 Street Sweeper Operator 710035 12 4606 4833 5075 5330 5594 Tire Maintenance & Repair Technician 710081 12 4606 4833 5075 5330 5594 Tire Maintenance Worker 710080 12 4185 4395 4612 4844 5085 Traffic Maintenance Leadworker 710046 12 4719 4953 5199 5461 5733 Traffic Maintenance Worker I 7100444 124 3891 4086 4289 4504 4727 Traffic Maintenance Worker II 7100454 124 4279 4493 4718 4952 5197 Tree Trimmer Leadworker 510010 12 4682 4915 5162 5421 5692 Utility Leadworker 710010 12 4545 4772 5011 5261 5522 Waste Container Maintenance Worker 640010 12 3782 3971 4172 4379 4599 Wastewater Distributor Technician 620050 12 4233 4444 4668 4900 5144 Wastewater Mechanical Specialist 620061 12 5381 5652 5932 6227 6538 Wastewater Mechanical Technician 620060 12 4894 5137 5391 5663 5946 Wastewater Treatment Plant Operator-In- Training 6200401 - 4233 4444 4668 4900 5144 Wastewater Treatment Plant Specialist 6200425 125 5667 5951 6247 6561 6885 Wastewater Treatment Plant Technician 6200415 125 5381 5652 5932 6227 6538 Water Distribution/Production Specialist 610029 12 5381 5652 5932 6227 6538 Water Distribution/Production Technician 610028 12 4894 5137 5391 5663 5946 Water Maintenance Mechanic Specialist 610032 12 5381 5652 5932 6227 6538 Water System Trainee 6100231 - 3489 3651 3815 3991 4178 Water Treatment Plant Operator 610042 12 5803 6094 6399 6718 7054 Water Treatment Plant Operator-In-Training 6100411 - 4233 4444 4668 4900 5144 Water Maintenance Mechanic Technician 610031 12 4894 5137 5391 5663 5946 Water Quality Specialist 610034 12 5381 5652 5932 6227 6538 Water Quality Technician 610033 12 4894 5137 5391 5663 5946 Welder 710065 12 5064 5317 5584 5863 6154 SEE APPENDIX FOR FOOTNOTES Page 1.1 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective January 2, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 3966 4166 4373 4591 4820 Airports Operations Leadworker 310010 12 4633 4864 5108 5364 5632 Airports Operations Specialist 310012 12 4212 4421 4642 4874 5117 Automotive Parts Leadworker 145006 12 4212 4421 4642 4874 5117 Automotive Parts Specialist 145005 12 3827 4019 4218 4431 4651 Aviation Mechanic I 4100394 124 5138 5397 5663 5949 6245 Aviation Mechanic II 4100404 124 5653 5934 6231 6544 6869 Aviation Mechanic Leadworker 410041 12 6218 6528 6854 7196 7557 Body & Fender Repairer 320036 12 5138 5397 5663 5949 6245 Body & Fender Repairer Leadworker 320037 12 5653 5934 6231 6544 6869 Body & Fender Repairer Trainee 3200357 67 4632 4863 5107 5363 5630 Brake & Front End Specialist 710085 12 5653 5934 6231 6544 6869 Bus Air Conditioning Mechanic 320031 12 5138 5397 5663 5949 6245 Bus Air Conditioning Mechanic Leadworker 320032 12 5653 5934 6231 6544 6869 Bus Air Conditioning Mechanic Trainee 3200307 67 4632 4863 5107 5363 5630 Bus Equipment Attendant Leadworker 320040 12 4212 4421 4642 4874 5117 Bus Mechanic I 3200204 124 4632 4863 5107 5363 5713 Bus Mechanic II 3200214 124 5138 5397 5663 5949 6245 Bus Mechanic Leadworker 320022 12 5653 5934 6231 6544 6869 Collection System Maintenance Specialist 630002 12 4685 4919 5165 5422 5693 Collection System Maintenance Technician 630001 12 4260 4472 4696 4929 5176 Combination Welder 710067 12 5138 5397 5663 5949 6245 Combination Welder Leadworker 710066 12 5653 5934 6231 6544 6869 Communications Technician I 710050 12 4606 4837 5077 5331 5598 Communications Technician II 710051 12 5077 5331 5598 5877 6171 SEE APPENDIX FOR FOOTNOTES Page 1.2 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective January 2, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Specialist 610040 12 4922 5169 5426 5696 5980 Custodian 810001 12 3145 3302 3467 3639 3821 Electronic Equipment Installer 710060 12 3736 3922 4119 4324 4541 Equipment Service Worker I 710075 12 3827 4019 4218 4431 4651 Equipment Service Worker II 710076 12 4212 4421 4642 4874 5117 Fire Equipment Mechanic I 4200107 67 4632 4863 5107 5363 5630 Fire Equipment Mechanic II 420011 12 5138 5397 5663 5949 6245 Fire Equipment Mechanic Leadworker 420012 12 5653 5934 6231 6544 6869 Graffiti Abatement Technician 710009 12 3776 3965 4166 4373 4591 Heavy Equipment Mechanic I 7101004 124 4632 4863 5107 5363 5630 Heavy Equipment Mechanic II 7101014 124 5138 5397 5663 5949 6245 Heavy Equipment Mechanic Leadworker 710102 12 5653 5934 6231 6544 6869 Heavy Equipment Operator 710025 12 4779 5020 5269 5534 5808 Instrumentation Specialist 620025 12 5411 5683 5967 6265 6577 Instrumentation Technician 620026 12 4922 5169 5426 5696 5980 Irrigation Specialist 510005 12 4157 4365 4582 4811 5050 Laborer 710005 12 3191 3338 3490 3650 3821 Light Equipment Mechanic I 7100954 124 4632 4863 5107 5363 5630 Light Equipment Mechanic II 7100964 124 5138 5397 5663 5949 6245 Light Equipment Mechanic Leadworker 710097 12 5653 5934 6231 6544 6869 Light Equipment Operator 710020 12 4212 4421 4642 4874 5117 Locksmith 810015 12 3852 4044 4245 4457 4680 Maintenance & Construction Worker 710015 12 3827 4019 4218 4431 4651 Maintenance & Operations Assistant 710001 12 3191 3338 3490 3650 3821 SEE APPENDIX FOR FOOTNOTES Page 1.3 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. *** Effective 4/24/2023, by the Thirteenth Amendment to the Salary Resolution 2022-152. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective January 2, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 4239 4450 4673 4905 5150 Maintenance Carpenter II 810021 12 4675 4909 5154 5410 5682 Park Equipment Mechanic I 7101094 124 3827 4019 4218 4431 4651 Park Equipment Mechanic II 710110 12 4212 4421 4642 4874 5117 Park Equipment Mechanic Leadworker 710111 12 4632 4863 5107 5363 5630 Parking Meter Attendant I 7101254 124 3459 3632 3815 4004 4205 Parking Meter Attendant II 7101264 124 3807 3997 4195 4405 4626 Parking Meter Attendant III 710127 12 4186 4394 4614 4846 5086 Parks Maintenance Leadworker 510003 12 4157 4365 4582 4811 5050 Parks Maintenance Worker I 510001 12 3145 3302 3467 3639 3821 Parks Maintenance Worker II 510002 12 3778 3966 4166 4373 4591 Power Generation Operator/Mechanic 620055 12 5703 5986 6287 6599 6929 Property Maintenance Leadworker 810007 12 4247 4458 4682 4917 5162 Property Maintenance Worker 810006 12 3966 4166 4375 4592 4820 Roofer 810010 12 3852 4043 4246 4457 4680 Sanitation Operator 640021 12 4212 4421 4642 4874 5117 Senior Collection System Maintenance Specialist 630004 12 5153 5409 5681 5964 6262 Senior Communications Technician 710052 12 5601 5880 6175 6482 6807 Senior Custodian 810002 12 3459 3632 3815 4004 4205 Senior Heavy Equipment Operator 710026 12 5883 6177 6485 6810 7151 Senior Sanitation Operator 640022 12 4779 5020 5269 5534 5808 Senior Wastewater Mechanical Specialist 620062 12 5183 5443 5714 6001 6299 Senior Wastewater Treatment Plant Operator 620043 12 6020 6323 6638 6969 7318 Senior Water Distribution/Production Operator 610030 12 6020 6323 6638 6969 7318 Senior Water Treatment Plant Operator 610039 12 6531 6857 7200 7561 7939 Solid Waste Safety & Training Specialist 640005 12 4559 4781 5018 5262 5519 SEE APPENDIX FOR FOOTNOTES Page 1.4 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective January 2, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 4316 4530 4756 4995 5243 Street Sweeper Lead Operator 710036 12 4632 4863 5107 5363 5630 Street Sweeper Operator 710035 12 4212 4421 4642 4874 5117 Tire Maintenance & Repair Technician 710081 12 4212 4421 4642 4874 5117 Tire Maintenance Worker 710080 12 3827 4019 4218 4431 4651 Traffic Maintenance Leadworker 710046 12 4316 4530 4756 4995 5243 Traffic Maintenance Worker I 7100444 124 3558 3736 3922 4119 4324 Traffic Maintenance Worker II 7100454 124 3913 4108 4315 4529 4754 Tree Trimmer Leadworker 510010 12 4282 4495 4721 4958 5206 Utility Leadworker 710010 12 4157 4365 4582 4811 5050 Waste Container Maintenance Worker 640010 12 3459 3632 3815 4004 4205 Wastewater Distributor Technician 620050 12 3872 4065 4269 4481 4705 Wastewater Mechanical Specialist 620061 12 4922 5169 5426 5696 5980 Wastewater Mechanical Technician 620060 12 4476 4699 4932 5179 5438 Wastewater Treatment Plant Operator-In- Training 6200401 - 3872 4065 4269 4481 4705 Wastewater Treatment Plant Specialist 6200425 125 5183 5443 5714 6001 6299 Wastewater Treatment Plant Technician 6200415 125 4922 5169 5426 5696 5980 Water Distribution/Production Specialist 610029 12 4922 5169 5426 5696 5980 Water Distribution/Production Technician 610028 12 4476 4699 4932 5179 5438 Water Maintenance Mechanic Specialist 610032 12 4922 5169 5426 5696 5980 Water System Trainee 6100231 - 3191 3338 3490 3650 3821 Water Treatment Plant Operator 610042 12 5308 5574 5853 6145 6452 Water Treatment Plant Operator-In-Training 6100411 - 3872 4065 4269 4481 4705 Water Maintenance Mechanic Technician 610031 12 4476 4699 4932 5179 5438 Water Quality Specialist 610034 12 4922 5169 5426 5696 5980 Water Quality Technician 610033 12 4476 4699 4932 5179 5438 Welder 710065 12 4632 4863 5107 5363 5630 SEE APPENDIX FOR FOOTNOTES Page 1.5 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 4085 4291 4505 4729 4965 Airports Operations Leadworker 310010 12 4772 5010 5262 5525 5801 Airports Operations Specialist 310012 12 4339 4554 4782 5021 5271 Automotive Parts Leadworker 145006 12 4339 4554 4782 5021 5271 Automotive Parts Specialist 145005 12 3942 4140 4345 4564 4791 Aviation Mechanic I 4100394 124 5293 5559 5833 6128 6433 Aviation Mechanic II 4100404 124 5823 6113 6418 6741 7076 Aviation Mechanic Leadworker 410041 12 6405 6724 7060 7412 7784 Body & Fender Repairer 320036 12 5293 5559 5833 6128 6433 Body & Fender Repairer Leadworker 320037 12 5823 6113 6418 6741 7076 Body & Fender Repairer Trainee 3200357 67 4771 5009 5261 5524 5799 Brake & Front End Specialist 710085 12 5823 6113 6418 6741 7076 Bus Air Conditioning Mechanic 320031 12 5293 5559 5833 6128 6433 Bus Air Conditioning Mechanic Leadworker 320032 12 5823 6113 6418 6741 7076 Bus Air Conditioning Mechanic Trainee 3200307 67 4771 5009 5261 5524 5799 Bus Equipment Attendant Leadworker 320040 12 4339 4554 4782 5021 5271 Bus Mechanic I 3200204 124 4771 5009 5261 5524 5885 Bus Mechanic II 3200214 124 5293 5559 5833 6128 6433 Bus Mechanic Leadworker 320022 12 5823 6113 6418 6741 7076 Collection System Maintenance Specialist 630002 12 4826 5067 5320 5585 5864 Collection System Maintenance Technician 630001 12 4388 4607 4837 5077 5332 Combination Welder 710067 12 5293 5559 5833 6128 6433 Combination Welder Leadworker 710066 12 5823 6113 6418 6741 7076 Communications Technician I 710050 12 4745 4983 5230 5491 5766 Communications Technician II 710051 12 5230 5491 5766 6054 6357 SEE APPENDIX FOR FOOTNOTES Page 1.6 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Specialist 610040 12 5070 5325 5589 5867 6160 Custodian 810001 12 3240 3402 3572 3749 3936 Electronic Equipment Installer 710060 12 3849 4040 4243 4454 4678 Equipment Service Worker I 710075 12 3942 4140 4345 4564 4791 Equipment Service Worker II 710076 12 4339 4554 4782 5021 5271 Fire Equipment Mechanic I 4200107 67 4771 5009 5261 5524 5799 Fire Equipment Mechanic II 420011 12 5293 5559 5833 6128 6433 Fire Equipment Mechanic Leadworker 420012 12 5823 6113 6418 6741 7076 Graffiti Abatement Technician 710009 12 3890 4084 4291 4505 4729 Heavy Equipment Mechanic I 7101004 124 4771 5009 5261 5524 5799 Heavy Equipment Mechanic II 7101014 124 5293 5559 5833 6128 6433 Heavy Equipment Mechanic Leadworker 710102 12 5823 6113 6418 6741 7076 Heavy Equipment Operator 710025 12 4923 5171 5428 5701 5983 Instrumentation Specialist 620025 12 5574 5854 6147 6453 6775 Instrumentation Technician 620026 12 5070 5325 5589 5867 6160 Irrigation Specialist 510005 12 4282 4496 4720 4956 5202 Laborer 710005 12 3287 3439 3595 3760 3936 Light Equipment Mechanic I 7100954 124 4771 5009 5261 5524 5799 Light Equipment Mechanic II 7100964 124 5293 5559 5833 6128 6433 Light Equipment Mechanic Leadworker 710097 12 5823 6113 6418 6741 7076 Light Equipment Operator 710020 12 4339 4554 4782 5021 5271 Locksmith 810015 12 3968 4166 4373 4591 4821 Maintenance & Construction Worker 710015 12 3942 4140 4345 4564 4791 Maintenance & Operations Assistant 710001 12 3287 3439 3595 3760 3936 SEE APPENDIX FOR FOOTNOTES Page 1.7 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 4367 4584 4814 5053 5305 Maintenance Carpenter II 810021 12 4816 5057 5309 5573 5853 Park Equipment Mechanic I 7101094 124 3942 4140 4345 4564 4791 Park Equipment Mechanic II 710110 12 4339 4554 4782 5021 5271 Park Equipment Mechanic Leadworker 710111 12 4771 5009 5261 5524 5799 Parking Meter Attendant I 7101254 124 3563 3741 3930 4125 4332 Parking Meter Attendant II 7101264 124 3922 4117 4321 4538 4765 Parking Meter Attendant III 710127 12 4312 4526 4753 4992 5239 Parks Maintenance Leadworker 510003 12 4282 4496 4720 4956 5202 Parks Maintenance Worker I 510001 12 3240 3402 3572 3749 3936 Parks Maintenance Worker II 510002 12 3892 4085 4291 4505 4729 Power Generation Operator/Mechanic 620055 12 5875 6166 6476 6797 7137 Property Maintenance Leadworker 810007 12 4375 4592 4823 5065 5317 Property Maintenance Worker 810006 12 4085 4291 4507 4730 4965 Roofer 810010 12 3968 4165 4374 4591 4821 Sanitation Operator 640021 12 4339 4554 4782 5021 5271 Senior Collection System Maintenance Specialist 630004 12 5308 5572 5852 6143 6450 Senior Communications Technician 710052 12 5770 6057 6361 6677 7012 Senior Custodian 810002 12 3563 3741 3930 4125 4332 Senior Heavy Equipment Operator 710026 12 6060 6363 6680 7015 7366 Senior Sanitation Operator 640022 12 4923 5171 5428 5701 5983 Senior Wastewater Mechanical Specialist 620062 12 5339 5607 5886 6182 6488 Senior Wastewater Treatment Plant Operator 620043 12 6201 6513 6838 7179 7538 Senior Water Distribution/Production Operator 610030 12 6201 6513 6838 7179 7538 Senior Water Treatment Plant Operator 610039 12 6727 7063 7416 7788 8178 Solid Waste Safety & Training Specialist 640005 12 4696 4925 5169 5420 5685 SEE APPENDIX FOR FOOTNOTES Page 1.8 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), retroactively effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 4446 4666 4899 5145 5401 Street Sweeper Lead Operator 710036 12 4771 5009 5261 5524 5799 Street Sweeper Operator 710035 12 4339 4554 4782 5021 5271 Tire Maintenance & Repair Technician 710081 12 4339 4554 4782 5021 5271 Tire Maintenance Worker 710080 12 3942 4140 4345 4564 4791 Traffic Maintenance Leadworker 710046 12 4446 4666 4899 5145 5401 Traffic Maintenance Worker I 7100444 124 3665 3849 4040 4243 4454 Traffic Maintenance Worker II 7100454 124 4031 4232 4445 4665 4897 Tree Trimmer Leadworker 510010 12 4411 4630 4863 5107 5363 Utility Leadworker 710010 12 4282 4496 4720 4956 5202 Waste Container Maintenance Worker 640010 12 3563 3741 3930 4125 4332 Wastewater Distributor Technician 620050 12 3989 4187 4398 4616 4847 Wastewater Mechanical Specialist 620061 12 5070 5325 5589 5867 6160 Wastewater Mechanical Technician 620060 12 4611 4840 5080 5335 5602 Wastewater Treatment Plant Operator-In- Training 6200401 - 3989 4187 4398 4616 4847 Wastewater Treatment Plant Specialist 6200425 125 5339 5607 5886 6182 6488 Wastewater Treatment Plant Technician 6200415 125 5070 5325 5589 5867 6160 Water Distribution/Production Specialist 610029 12 5070 5325 5589 5867 6160 Water Distribution/Production Technician 610028 12 4611 4840 5080 5335 5602 Water Maintenance Mechanic Specialist 610032 12 5070 5325 5589 5867 6160 Water System Trainee 6100231 - 3287 3439 3595 3760 3936 Water Treatment Plant Operator 610042 12 5468 5742 6029 6330 6646 Water Treatment Plant Operator-In-Training 6100411 - 3989 4187 4398 4616 4847 Water Maintenance Mechanic Technician 610031 12 4611 4840 5080 5335 5602 Water Quality Specialist 610034 12 5070 5325 5589 5867 6160 Water Quality Technician 610033 12 4611 4840 5080 5335 5602 Welder 710065 12 4771 5009 5261 5524 5799 SEE APPENDIX FOR FOOTNOTES Page 1.9 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 18, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 4126 4334 4551 4777 5015 Airports Operations Leadworker 310010 12 4820 5061 5315 5581 5860 Airports Operations Specialist 310012 12 4383 4600 4830 5072 5324 Automotive Parts Leadworker 145006 12 4383 4600 4830 5072 5324 Automotive Parts Specialist 145005 12 3982 4182 4389 4610 4839 Aviation Mechanic I 4100394 124 5346 5615 5892 6190 6498 Aviation Mechanic II 4100404 124 5882 6175 6483 6809 7147 Aviation Mechanic Leadworker 410041 12 6470 6792 7131 7487 7862 Body & Fender Repairer 320036 12 5346 5615 5892 6190 6498 Body & Fender Repairer Leadworker 320037 12 5882 6175 6483 6809 7147 Body & Fender Repairer Trainee 3200357 67 4819 5060 5314 5580 5857 Brake & Front End Specialist 710085 12 5882 6175 6483 6809 7147 Bus Air Conditioning Mechanic 320031 12 5346 5615 5892 6190 6498 Bus Air Conditioning Mechanic Leadworker 320032 12 5882 6175 6483 6809 7147 Bus Air Conditioning Mechanic Trainee 3200307 67 4819 5060 5314 5580 5857 Bus Equipment Attendant Leadworker 320040 12 4383 4600 4830 5072 5324 Bus Mechanic I 3200204 124 4819 5060 5314 5580 5944 Bus Mechanic II 3200214 124 5346 5615 5892 6190 6498 Bus Mechanic Leadworker 320022 12 5882 6175 6483 6809 7147 Collection System Maintenance Specialist 630002 12 4875 5118 5374 5641 5923 Collection System Maintenance Technician 630001 12 4432 4654 4886 5128 5386 Combination Welder 710067 12 5346 5615 5892 6190 6498 Combination Welder Leadworker 710066 12 5882 6175 6483 6809 7147 Communications Technician I 710050 12 4793 5033 5283 5546 5824 Communications Technician II 710051 12 5283 5546 5824 6115 6421 SEE APPENDIX FOR FOOTNOTES Page 1.10 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 18, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Specialist 610040 12 5121 5379 5645 5926 6222 Custodian 810001 12 3273 3437 3608 3787 3976 Electronic Equipment Installer 710060 12 3888 4081 4286 4499 4725 Equipment Service Worker I 710075 12 3982 4182 4389 4610 4839 Equipment Service Worker II 710076 12 4383 4600 4830 5072 5324 Fire Equipment Mechanic I 4200107 67 4819 5060 5314 5580 5857 Fire Equipment Mechanic II 420011 12 5346 5615 5892 6190 6498 Fire Equipment Mechanic Leadworker 420012 12 5882 6175 6483 6809 7147 Graffiti Abatement Technician 710009 12 3929 4125 4334 4551 4777 Heavy Equipment Mechanic I 7101004 124 4819 5060 5314 5580 5857 Heavy Equipment Mechanic II 7101014 124 5346 5615 5892 6190 6498 Heavy Equipment Mechanic Leadworker 710102 12 5882 6175 6483 6809 7147 Heavy Equipment Operator 710025 12 4973 5223 5483 5759 6043 Instrumentation Specialist 620025 12 5630 5913 6209 6518 6843 Instrumentation Technician 620026 12 5121 5379 5645 5926 6222 Irrigation Specialist 510005 12 4325 4541 4768 5006 5255 Laborer 710005 12 3320 3474 3631 3798 3976 Light Equipment Mechanic I 7100954 124 4819 5060 5314 5580 5857 Light Equipment Mechanic II 7100964 124 5346 5615 5892 6190 6498 Light Equipment Mechanic Leadworker 710097 12 5882 6175 6483 6809 7147 Light Equipment Operator 710020 12 4383 4600 4830 5072 5324 Locksmith 810015 12 4008 4208 4417 4637 4870 Maintenance & Construction Worker 710015 12 3982 4182 4389 4610 4839 Maintenance & Operations Assistant 710001 12 3320 3474 3631 3798 3976 SEE APPENDIX FOR FOOTNOTES Page 1.11 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 18, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 4411 4630 4863 5104 5359 Maintenance Carpenter II 810021 12 4865 5108 5363 5629 5912 Park Equipment Mechanic I 7101094 124 3982 4182 4389 4610 4839 Park Equipment Mechanic II 710110 12 4383 4600 4830 5072 5324 Park Equipment Mechanic Leadworker 710111 12 4819 5060 5314 5580 5857 Parking Meter Attendant I 7101254 124 3599 3779 3970 4167 4376 Parking Meter Attendant II 7101264 124 3962 4159 4365 4584 4813 Parking Meter Attendant III 710127 12 4356 4572 4801 5042 5292 Parks Maintenance Leadworker 510003 12 4325 4541 4768 5006 5255 Parks Maintenance Worker I 510001 12 3273 3437 3608 3787 3976 Parks Maintenance Worker II 510002 12 3931 4126 4334 4551 4777 Power Generation Operator/Mechanic 620055 12 5934 6228 6541 6865 7209 Property Maintenance Leadworker 810007 12 4419 4638 4872 5116 5371 Property Maintenance Worker 810006 12 4126 4334 4553 4778 5015 Roofer 810010 12 4008 4207 4418 4637 4870 Sanitation Operator 640021 12 4383 4600 4830 5072 5324 Senior Collection System Maintenance Specialist 630004 12 5362 5628 5911 6205 6515 Senior Communications Technician 710052 12 5828 6118 6425 6744 7083 Senior Custodian 810002 12 3599 3779 3970 4167 4376 Senior Heavy Equipment Operator 710026 12 6121 6427 6747 7086 7440 Senior Sanitation Operator 640022 12 4973 5223 5483 5759 6043 Senior Wastewater Mechanical Specialist 620062 12 5393 5664 5945 6244 6553 Senior Wastewater Treatment Plant Operator 620043 12 6264 6579 6907 7251 7614 Senior Water Distribution/Production Operator 610030 12 6264 6579 6907 7251 7614 Senior Water Treatment Plant Operator 610039 12 6795 7134 7491 7866 8260 Solid Waste Safety & Training Specialist 640005 12 4743 4975 5221 5475 5742 SEE APPENDIX FOR FOOTNOTES Page 1.12 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 18, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 4491 4713 4948 5197 5456 Street Sweeper Lead Operator 710036 12 4819 5060 5314 5580 5857 Street Sweeper Operator 710035 12 4383 4600 4830 5072 5324 Tire Maintenance & Repair Technician 710081 12 4383 4600 4830 5072 5324 Tire Maintenance Worker 710080 12 3982 4182 4389 4610 4839 Traffic Maintenance Leadworker 710046 12 4491 4713 4948 5197 5456 Traffic Maintenance Worker I 7100444 124 3702 3888 4081 4286 4499 Traffic Maintenance Worker II 7100454 124 4072 4275 4490 4712 4946 Tree Trimmer Leadworker 510010 12 4456 4677 4912 5159 5417 Utility Leadworker 710010 12 4325 4541 4768 5006 5255 Waste Container Maintenance Worker 640010 12 3599 3779 3970 4167 4376 Wastewater Distributor Technician 620050 12 4029 4229 4442 4663 4896 Wastewater Mechanical Specialist 620061 12 5121 5379 5645 5926 6222 Wastewater Mechanical Technician 620060 12 4658 4889 5131 5389 5659 Wastewater Treatment Plant Operator-In- Training 6200401 - 4029 4229 4442 4663 4896 Wastewater Treatment Plant Specialist 6200425 125 5393 5664 5945 6244 6553 Wastewater Treatment Plant Technician 6200415 125 5121 5379 5645 5926 6222 Water Distribution/Production Specialist 610029 12 5121 5379 5645 5926 6222 Water Distribution/Production Technician 610028 12 4658 4889 5131 5389 5659 Water Maintenance Mechanic Specialist 610032 12 5121 5379 5645 5926 6222 Water System Trainee 6100231 - 3320 3474 3631 3798 3976 Water Treatment Plant Operator 610042 12 5523 5800 6090 6394 6713 Water Treatment Plant Operator-In-Training 6100411 - 4029 4229 4442 4663 4896 Water Maintenance Mechanic Technician 610031 12 4658 4889 5131 5389 5659 Water Quality Specialist 610034 12 5121 5379 5645 5926 6222 Water Quality Technician 610033 12 4658 4889 5131 5389 5659 Welder 710065 12 4819 5060 5314 5580 5857 SEE APPENDIX FOR FOOTNOTES Page 1.13 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective June 17, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 4250 4465 4688 4921 5166 Airports Operations Leadworker 310010 12 4965 5213 5475 5749 6036 Airports Operations Specialist 310012 12 4515 4738 4975 5225 5484 Automotive Parts Leadworker 145006 12 4515 4738 4975 5225 5484 Automotive Parts Specialist 145005 12 4102 4308 4521 4749 4985 Aviation Mechanic I 4100394 124 5507 5784 6069 6376 6693 Aviation Mechanic II 4100404 124 6059 6361 6678 7014 7362 Aviation Mechanic Leadworker 410041 12 6665 6996 7345 7712 8098 Body & Fender Repairer 320036 12 5507 5784 6069 6376 6693 Body & Fender Repairer Leadworker 320037 12 6059 6361 6678 7014 7362 Body & Fender Repairer Trainee 3200357 67 4964 5212 5474 5748 6033 Brake & Front End Specialist 710085 12 6059 6361 6678 7014 7362 Bus Air Conditioning Mechanic 320031 12 5507 5784 6069 6376 6693 Bus Air Conditioning Mechanic Leadworker 320032 12 6059 6361 6678 7014 7362 Bus Air Conditioning Mechanic Trainee 3200307 67 4964 5212 5474 5748 6033 Bus Equipment Attendant Leadworker 320040 12 4515 4738 4975 5225 5484 Bus Mechanic I 3200204 124 4964 5212 5474 5748 6123 Bus Mechanic II 3200214 124 5507 5784 6069 6376 6693 Bus Mechanic Leadworker 320022 12 6059 6361 6678 7014 7362 Collection System Maintenance Specialist 630002 12 5022 5272 5536 5811 6101 Collection System Maintenance Technician 630001 12 4565 4794 5033 5282 5548 Combination Welder 710067 12 5507 5784 6069 6376 6693 Combination Welder Leadworker 710066 12 6059 6361 6678 7014 7362 Communications Technician I 710050 12 4937 5184 5442 5713 5999 Communications Technician II 710051 12 5442 5713 5999 6299 6614 SEE APPENDIX FOR FOOTNOTES Page 1.14 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective June 17, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Specialist 610040 12 5275 5541 5815 6104 6409 Custodian 810001 12 3372 3541 3717 3901 4096 Electronic Equipment Installer 710060 12 4005 4204 4415 4634 4867 Equipment Service Worker I 710075 12 4102 4308 4521 4749 4985 Equipment Service Worker II 710076 12 4515 4738 4975 5225 5484 Fire Equipment Mechanic I 4200107 67 4964 5212 5474 5748 6033 Fire Equipment Mechanic II 420011 12 5507 5784 6069 6376 6693 Fire Equipment Mechanic Leadworker 420012 12 6059 6361 6678 7014 7362 Graffiti Abatement Technician 710009 12 4047 4249 4465 4688 4921 Heavy Equipment Mechanic I 7101004 124 4964 5212 5474 5748 6033 Heavy Equipment Mechanic II 7101014 124 5507 5784 6069 6376 6693 Heavy Equipment Mechanic Leadworker 710102 12 6059 6361 6678 7014 7362 Heavy Equipment Operator 710025 12 5123 5380 5648 5932 6225 Instrumentation Specialist 620025 12 5799 6091 6396 6714 7049 Instrumentation Technician 620026 12 5275 5541 5815 6104 6409 Irrigation Specialist 510005 12 4455 4678 4912 5157 5413 Laborer 710005 12 3420 3579 3740 3912 4096 Light Equipment Mechanic I 7100954 124 4964 5212 5474 5748 6033 Light Equipment Mechanic II 7100964 124 5507 5784 6069 6376 6693 Light Equipment Mechanic Leadworker 710097 12 6059 6361 6678 7014 7362 Light Equipment Operator 710020 12 4515 4738 4975 5225 5484 Locksmith 810015 12 4129 4335 4550 4777 5017 Maintenance & Construction Worker 710015 12 4102 4308 4521 4749 4985 Maintenance & Operations Assistant 710001 12 3420 3579 3740 3912 4096 SEE APPENDIX FOR FOOTNOTES Page 1.15 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective June 17, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 4544 4769 5009 5258 5520 Maintenance Carpenter II 810021 12 5011 5262 5524 5798 6090 Park Equipment Mechanic I 7101094 124 4102 4308 4521 4749 4985 Park Equipment Mechanic II 710110 12 4515 4738 4975 5225 5484 Park Equipment Mechanic Leadworker 710111 12 4964 5212 5474 5748 6033 Parking Meter Attendant I 7101254 124 3707 3893 4090 4293 4508 Parking Meter Attendant II 7101264 124 4081 4284 4496 4722 4958 Parking Meter Attendant III 710127 12 4487 4710 4946 5194 5451 Parks Maintenance Leadworker 510003 12 4455 4678 4912 5157 5413 Parks Maintenance Worker I 510001 12 3372 3541 3717 3901 4096 Parks Maintenance Worker II 510002 12 4049 4250 4465 4688 4921 Power Generation Operator/Mechanic 620055 12 6113 6415 6738 7071 7426 Property Maintenance Leadworker 810007 12 4552 4778 5019 5270 5533 Property Maintenance Worker 810006 12 4250 4465 4690 4922 5166 Roofer 810010 12 4129 4334 4551 4777 5017 Sanitation Operator 640021 12 4515 4738 4975 5225 5484 Senior Collection System Maintenance Specialist 630004 12 5523 5797 6089 6392 6711 Senior Communications Technician 710052 12 6003 6302 6618 6947 7296 Senior Custodian 810002 12 3707 3893 4090 4293 4508 Senior Heavy Equipment Operator 710026 12 6305 6620 6950 7299 7664 Senior Sanitation Operator 640022 12 5123 5380 5648 5932 6225 Senior Wastewater Mechanical Specialist 620062 12 5555 5834 6124 6432 6750 Senior Wastewater Treatment Plant Operator 620043 12 6452 6777 7115 7469 7843 Senior Water Distribution/Production Operator 610030 12 6452 6777 7115 7469 7843 Senior Water Treatment Plant Operator 610039 12 6999 7349 7716 8102 8508 Solid Waste Safety & Training Specialist 640005 12 4886 5125 5378 5640 5915 SEE APPENDIX FOR FOOTNOTES Page 1.16 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective June 17, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 4626 4855 5097 5353 5620 Street Sweeper Lead Operator 710036 12 4964 5212 5474 5748 6033 Street Sweeper Operator 710035 12 4515 4738 4975 5225 5484 Tire Maintenance & Repair Technician 710081 12 4515 4738 4975 5225 5484 Tire Maintenance Worker 710080 12 4102 4308 4521 4749 4985 Traffic Maintenance Leadworker 710046 12 4626 4855 5097 5353 5620 Traffic Maintenance Worker I 7100444 124 3814 4005 4204 4415 4634 Traffic Maintenance Worker II 7100454 124 4195 4404 4625 4854 5095 Tree Trimmer Leadworker 510010 12 4590 4818 5060 5314 5580 Utility Leadworker 710010 12 4455 4678 4912 5157 5413 Waste Container Maintenance Worker 640010 12 3707 3893 4090 4293 4508 Wastewater Distributor Technician 620050 12 4150 4356 4576 4803 5043 Wastewater Mechanical Specialist 620061 12 5275 5541 5815 6104 6409 Wastewater Mechanical Technician 620060 12 4798 5036 5285 5551 5829 Wastewater Treatment Plant Operator-In- Training 6200401 - 4150 4356 4576 4803 5043 Wastewater Treatment Plant Specialist 6200425 125 5555 5834 6124 6432 6750 Wastewater Treatment Plant Technician 6200415 125 5275 5541 5815 6104 6409 Water Distribution/Production Specialist 610029 12 5275 5541 5815 6104 6409 Water Distribution/Production Technician 610028 12 4798 5036 5285 5551 5829 Water Maintenance Mechanic Specialist 610032 12 5275 5541 5815 6104 6409 Water System Trainee 6100231 - 3420 3579 3740 3912 4096 Water Treatment Plant Operator 610042 12 5689 5974 6273 6586 6915 Water Treatment Plant Operator-In-Training 6100411 - 4150 4356 4576 4803 5043 Water Maintenance Mechanic Technician 610031 12 4798 5036 5285 5551 5829 Water Quality Specialist 610034 12 5275 5541 5815 6104 6409 Water Quality Technician 610033 12 4798 5036 5285 5551 5829 Welder 710065 12 4964 5212 5474 5748 6033 SEE APPENDIX FOR FOOTNOTES Page 1.17 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 30, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 4335 4555 4782 5020 5270 Airports Operations Leadworker 310010 12 5065 5318 5585 5864 6157 Airports Operations Specialist 310012 12 4606 4833 5075 5330 5594 Automotive Parts Leadworker 145006 12 4606 4833 5075 5330 5594 Automotive Parts Specialist 145005 12 4185 4395 4612 4844 5085 Aviation Mechanic I 4100394 124 5618 5900 6191 6504 6827 Aviation Mechanic II 4100404 124 6181 6489 6812 7155 7510 Aviation Mechanic Leadworker 410041 12 6799 7136 7492 7867 8260 Body & Fender Repairer 320036 12 5618 5900 6191 6504 6827 Body & Fender Repairer Leadworker 320037 12 6181 6489 6812 7155 7510 Body & Fender Repairer Trainee 3200357 67 5064 5317 5584 5863 6154 Brake & Front End Specialist 710085 12 6181 6489 6812 7155 7510 Bus Air Conditioning Mechanic 320031 12 5618 5900 6191 6504 6827 Bus Air Conditioning Mechanic Leadworker 320032 12 6181 6489 6812 7155 7510 Bus Air Conditioning Mechanic Trainee 3200307 67 5064 5317 5584 5863 6154 Bus Equipment Attendant Leadworker 320040 12 4606 4833 5075 5330 5594 Bus Mechanic I 3200204 124 5064 5317 5584 5863 6246 Bus Mechanic II 3200214 124 5618 5900 6191 6504 6827 Bus Mechanic Leadworker 320022 12 6181 6489 6812 7155 7510 Collection System Maintenance Specialist 630002 12 5123 5378 5647 5928 6224 Collection System Maintenance Technician 630001 12 4657 4890 5134 5388 5659 Combination Welder 710067 12 5618 5900 6191 6504 6827 Combination Welder Leadworker 710066 12 6181 6489 6812 7155 7510 Communications Technician I 710050 12 5036 5288 5551 5828 6119 Communications Technician II 710051 12 5551 5828 6119 6425 6747 SEE APPENDIX FOR FOOTNOTES Page 1.18 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 30, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Specialist 610040 12 5381 5652 5932 6227 6538 Custodian 810001 12 3440 3612 3792 3980 4178 Electronic Equipment Installer 710060 12 4086 4289 4504 4727 4965 Equipment Service Worker I 710075 12 4185 4395 4612 4844 5085 Equipment Service Worker II 710076 12 4606 4833 5075 5330 5594 Fire Equipment Mechanic I 4200107 67 5064 5317 5584 5863 6154 Fire Equipment Mechanic II 420011 12 5618 5900 6191 6504 6827 Fire Equipment Mechanic Leadworker 420012 12 6181 6489 6812 7155 7510 Graffiti Abatement Technician 710009 12 4128 4334 4555 4782 5020 Heavy Equipment Mechanic I 7101004 124 5064 5317 5584 5863 6154 Heavy Equipment Mechanic II 7101014 124 5618 5900 6191 6504 6827 Heavy Equipment Mechanic Leadworker 710102 12 6181 6489 6812 7155 7510 Heavy Equipment Operator 710025 12 5226 5488 5761 6051 6350 Instrumentation Specialist 620025 12 5915 6213 6524 6849 7190 Instrumentation Technician 620026 12 5381 5652 5932 6227 6538 Irrigation Specialist 510005 12 4545 4772 5011 5261 5522 Laborer 710005 12 3489 3651 3815 3991 4178 Light Equipment Mechanic I 7100954 124 5064 5317 5584 5863 6154 Light Equipment Mechanic II 7100964 124 5618 5900 6191 6504 6827 Light Equipment Mechanic Leadworker 710097 12 6181 6489 6812 7155 7510 Light Equipment Operator 710020 12 4606 4833 5075 5330 5594 Locksmith 810015 12 4212 4422 4641 4873 5118 Maintenance & Construction Worker 710015 12 4185 4395 4612 4844 5085 Maintenance & Operations Assistant 710001 12 3489 3651 3815 3991 4178 SEE APPENDIX FOR FOOTNOTES Page 1.19 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 30, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 4635 4865 5110 5364 5631 Maintenance Carpenter II 810021 12 5112 5368 5635 5914 6212 Park Equipment Mechanic I 7101094 124 4185 4395 4612 4844 5085 Park Equipment Mechanic II 710110 12 4606 4833 5075 5330 5594 Park Equipment Mechanic Leadworker 710111 12 5064 5317 5584 5863 6154 Parking Meter Attendant I 7101254 124 3782 3971 4172 4379 4599 Parking Meter Attendant II 7101264 124 4163 4370 4586 4817 5058 Parking Meter Attendant III 710127 12 4577 4805 5045 5298 5561 Parks Maintenance Leadworker 510003 12 4545 4772 5011 5261 5522 Parks Maintenance Worker I 510001 12 3440 3612 3792 3980 4178 Parks Maintenance Worker II 510002 12 4130 4335 4555 4782 5020 Power Generation Operator/Mechanic 620055 12 6236 6544 6873 7213 7575 Property Maintenance Leadworker 810007 12 4644 4874 5120 5376 5644 Property Maintenance Worker 810006 12 4335 4555 4784 5021 5270 Roofer 810010 12 4212 4421 4643 4873 5118 Sanitation Operator 640021 12 4606 4833 5075 5330 5594 Senior Collection System Maintenance Specialist 630004 12 5634 5913 6211 6520 6846 Senior Communications Technician 710052 12 6124 6429 6751 7086 7442 Senior Custodian 810002 12 3782 3971 4172 4379 4599 Senior Heavy Equipment Operator 710026 12 6432 6753 7089 7445 7818 Senior Sanitation Operator 640022 12 5226 5488 5761 6051 6350 Senior Wastewater Mechanical Specialist 620062 12 5667 5951 6247 6561 6885 Senior Wastewater Treatment Plant Operator 620043 12 6582 6913 7258 7619 8000 Senior Water Distribution/Production Operator 610030 12 6582 6913 7258 7619 8000 Senior Water Treatment Plant Operator 610039 12 7139 7496 7871 8265 8679 Solid Waste Safety & Training Specialist 640005 12 4984 5228 5486 5753 6034 SEE APPENDIX FOR FOOTNOTES Page 1.20 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6/29/2023 Fifteenth Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective December 30, 2024 CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 4719 4953 5199 5461 5733 Street Sweeper Lead Operator 710036 12 5064 5317 5584 5863 6154 Street Sweeper Operator 710035 12 4606 4833 5075 5330 5594 Tire Maintenance & Repair Technician 710081 12 4606 4833 5075 5330 5594 Tire Maintenance Worker 710080 12 4185 4395 4612 4844 5085 Traffic Maintenance Leadworker 710046 12 4719 4953 5199 5461 5733 Traffic Maintenance Worker I 7100444 124 3891 4086 4289 4504 4727 Traffic Maintenance Worker II 7100454 124 4279 4493 4718 4952 5197 Tree Trimmer Leadworker 510010 12 4682 4915 5162 5421 5692 Utility Leadworker 710010 12 4545 4772 5011 5261 5522 Waste Container Maintenance Worker 640010 12 3782 3971 4172 4379 4599 Wastewater Distributor Technician 620050 12 4233 4444 4668 4900 5144 Wastewater Mechanical Specialist 620061 12 5381 5652 5932 6227 6538 Wastewater Mechanical Technician 620060 12 4894 5137 5391 5663 5946 Wastewater Treatment Plant Operator-In- Training 6200401 - 4233 4444 4668 4900 5144 Wastewater Treatment Plant Specialist 6200425 125 5667 5951 6247 6561 6885 Wastewater Treatment Plant Technician 6200415 125 5381 5652 5932 6227 6538 Water Distribution/Production Specialist 610029 12 5381 5652 5932 6227 6538 Water Distribution/Production Technician 610028 12 4894 5137 5391 5663 5946 Water Maintenance Mechanic Specialist 610032 12 5381 5652 5932 6227 6538 Water System Trainee 6100231 - 3489 3651 3815 3991 4178 Water Treatment Plant Operator 610042 12 5803 6094 6399 6718 7054 Water Treatment Plant Operator-In-Training 6100411 - 4233 4444 4668 4900 5144 Water Maintenance Mechanic Technician 610031 12 4894 5137 5391 5663 5946 Water Quality Specialist 610034 12 5381 5652 5932 6227 6538 Water Quality Technician 610033 12 4894 5137 5391 5663 5946 Welder 710065 12 5064 5317 5584 5863 6154 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1004 Agenda Date:6/29/2023 Agenda #: 1.-K. REPORT TO THE CITY COUNCIL FROM:AARON A. AGUIRRE, Director Parks, After School, Recreation and Community Services Department BY:JENNIFER SOLIZ, Senior Management Analyst Parks, After School, Recreation and Community Services Department SUBJECT Actions pertaining to Community Gardens: 1. Award a two-year professional services agreement in an amount not to exceed $40,000 per year to Fresno Metropolitan “Metro” Ministry for Community Garden Liaison services at three City of Fresno community gardens with the option of two, one-year extensions. (Council Districts 3 and 5) 2. Authorize the City Manager or designee to execute all related documents. RECOMMENDATION Staff recommends that Council award a two-year contract in the amount not to exceed $40,000 per year to Fresno Metro Ministry for community garden liaison services at three community gardens with the option of two, one-year extensions. Staff also recommend that Council authorize the City Manager or designee to execute all related documents. EXECUTIVE SUMMARY The City of Fresno PARCS Department solicited proposals through the competitive request for proposals (RFP) process for community garden liaison services. Staff recommend Council award a two-year professional services agreement with the option of two, one-year extensions, in an amount not to exceed $40,000 per year to Fresno Metro Ministry for Community Garden Liaison services. BACKGROUND The City of Fresno PARCS Department currently has three active community garden facilities open to residents; South Peach Community Garden, the Al Radka Community Garden and the Lowell Community Garden. Combined, these gardens offer 183 garden plots on approximately 4.34 acres. According to the Parks Master Plan (2017), the goal of community gardens is to provide ornamental vegetation, produce locally grown food, and create community gathering spaces. On April 5, 2023, the PARCS department released an RFP for community garden liaison services through Planet Bids. The RFP was open for 24 days and received one bidder, Fresno Metro Ministry. City of Fresno Printed on 7/18/2023Page 1 of 2 powered by Legistar™ 6/29/2023 MA/NE 7-0 APPROVED ON CONSENT File #:ID 23-1004 Agenda Date:6/29/2023 Agenda #: 1.-K. through Planet Bids.The RFP was open for 24 days and received one bidder,Fresno Metro Ministry. The evaluation committee consisting of four PARCS staff convened on May 8,2023,to evaluate the proposal.The evaluation committee determined that Fresno Metro Ministry demonstrated relevant experience with community garden liaison services,including 15 years of experience working with over 200 community gardeners.Fresno Metro Ministry’s proposal demonstrated an ability to provide services in multiple languages and presented plans to engage gardeners to build gardening skill and a sense of community.The scoring committee recommended awarding a two-year agreement with option of two,one-year extensions to Fresno Metro Ministry for community garden liaison services in amount not to exceed $40,000 per year. Staff recommends that the Council award a two-year contract in the amount not to exceed $40,000 per year to Fresno Metro Ministry for community garden liaison services at three community gardens with the option of two,one-year extensions.Staff also recommend that the Council authorize the City Manager or designee to execute all related documents. ENVIRONMENTAL FINDINGS This item is not considered a project for the purposes of CEQA. LOCAL PREFERENCE Fresno Metro Ministry is located in the City of Fresno. FISCAL IMPACT The PARCS Department has appropriated funding for Community Garden Liaison services into the FY23 and FY24 budgets Attachments: Request for Proposals Community Liaison Services Agreement City of Fresno Printed on 7/18/2023Page 2 of 2 powered by Legistar™ REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES COMMUNITY GARDEN LIAISON PROPOSAL NUMBER: 12302452 PROPOSAL SUBMISSION DEADLINE: Prior to 3:00pm on April 28, 2023 PROPOSAL CONTACT: Jennifer Soliz Parks, After School, Recreation & Community Services Department Email: Jennifer.Soliz@fresno.gov Phone: (559) 621-2955 Fax: (559) 457-1455 Contents I. OVERVIEW ........................................................................................................................................ 3 II. SCOPE OF SERVICES ......................................................................................................................... 5 III. BUDGET AND TERMS ....................................................................................................................... 6 IV. SUBMITTAL INSTRUCTIONS AND PROPOSAL REQUIREMENTS ........................................................ 6 V. SCHEDULE ........................................................................................................................................ 7 VI. SELECTION PROCESS ........................................................................................................................ 7 VII. QUESTIONS, CLARIFICATIONS, AND CONCERNS .............................................................................. 8 VIII. LOCAL PREFERENCE ......................................................................................................................... 8 IX. GENERAL INFORMATION ................................................................................................................. 9 A. DEBARMENT ...................................................................................................................................... 9 B. REGULATED COMMUNICATIONS ...................................................................................................... 9 X. AGREEMENT DOCUMENTS ............................................................................................................ 10 XI. APPENDICES ................................................................................................................................... 10 CITY OF FRESNO REQUEST FOR PROPOSALS (RFP) THE CITY OF FRESNO IS INVITING QUALIFIED, MULTI-DISCIPLINARY CONSULTANTS TO SUBMIT PROPOSALS TO SERVE AS A COMMUNITY GARDEN LIAISON WITHIN CITY OF FRESNO PARKS AND/OR COMMUNITY CENTERS I. OVERVIEW The City of Fresno (City) is seeking proposals from qualified, multi-disciplinary consultants to serve as a Community Garden Liaison within City of Fresno parks and/or community centers. Fresno (pop. 537,100) is located on 115 square miles in the lush San Joaquin Valley in the heart of California, mid-way between San Francisco and Los Angeles. Fresno is the state’s fifth largest city and the San Joaquin Valley’s largest metropolitan city. The population of Fresno County is over one million residents . Fresno is a rapidly growing community within a world-renowned agricultural setting, featuring a culturally diverse population. Farming and agriculture are deeply rooted in Fresno’s economy and culture. According to the Parks Master Plan, the goal of community garden s are to provide ornamental vegetation, produce locally grown food, and create community gathering spaces. Community gardens also improve air quality, improve water quality, reduce the heat island effect, reduce flooding and sewer overflow, create wildlife and pollinator habitats, provide recreation opportunities and create community social spaces. There are currently three community garden locations open to Fresno residents . The Peach and Butler Community Garden is approximately 2.5 acres and is located in Southeast Fresno. This location has 96 garden plots with additional Hmong collaborative farm rows. There is currently a waitlist of 77 community members at this location. Al Radka Community Garden is approximately 1.14 acres and is located in East Fresno on Belmont and Fowler Ave. This location has 55 garden plots and currently has a waitlist of 38 community members. Lowell Community Garden is approximately 0.60 acres and is located on Belmont Ave and Poplar Ave. This location has 32 garden plots with a waitlist of 13 community members. II. SCOPE OF SERVICES/SPECIFICATIONS The scope of services for the Community Garden Liaison is to manage multiple community garden locations within City of Fresno Parks and/or Community Centers. Tasks include but are not limited to: 1. Gardener selection and completion of sign-up agreements. Agreements must include risk language and must be reviewed by the City. 2. Establish and maintain an equitable gardener selection process, including waitlist procedures, rules related to plot use and site use. 3. Monitor and enforce rules related to plot use. 4. Maintain hours of operations of the sites. 5. Require and enforce drip irrigation and water wise practices. 6. Manage green waste and refuse through composting and proper disposal. 7. Collect and manage rent according to the City of Fresno Master Fee Schedule. Proceeds from rent monies collected shall be accumulated and invested back into the community garden twice per year. Eligible uses will be approved by the City and receipts must be submitted to the City. 8. Assume responsibility for the security of individual plots and any storage facilities. Coordinate with City of Fresno as needed to identify security solutions. 9. Visit community gardens on a regular basis to conduct garden inspections and log findings. 10. Organize and promote bi-monthly meetings for each existing garden site for members who are renting plots. 11. Host annual meetings with neighborhoods located within 1-mile of the community garden site to invite participation in community gardening, as well as discuss any impacts or concerns. 12. Must be able to encumber the cost of community meetings. 13. All communication material must be made available in English, Hmong, Punjabi, and Spanish. 14. Adhere to reporting requirements which include quarterly reporting and invoicing for services provided. Quarterly reports shall include the following information: a. Total number of garden plots at each location including number of garden plots rented, number of plots available for rent, and number of plots fallow due to need for repairs. b. Total number of people on waiting lists at each location. c. Photos from each garden highlighting what is being grown. d. A description of training, supplies or materials provided. e. A summary of any challenges or recurring issues. f. Other data that illustrates outcomes, success stories and impacts of community garden operations: for example, pounds of compost, pounds of food grown, etc. g. Reports should be submitted electronically to: PARCSContracts@Fresno.gov 15. Meet with the City at least twice per year to provide an update on the gardens. 16. Communicate with City of Fresno PARCS staff to report maintenance n eeds by utilizing FresGo and “311”. 17. Maintain all records. Copies of applications and other records shall be available to the City upon request and retained for three (3) years after the conclusion of the contract. The City will provide the following assistance: 1. Prepare garden locations, including but not limited to, ground preparation, soil testing as warranted, work necessary to bring water to each plot, fencing and permit costs prior to gardeners’ possession. 2. Provide an assessment of existing ADA conditions and include required ADA improvements in the PARCS Department’s ADA Transition and Capital Improvement Plans. 3. Pay utilities including water utilized for drip irrigating each garden site. 4. Notice and promote community garden plots, as needed, in conjunction with selected consultant. 5. Repair and replace raised beds and irrigation as determined necessary. 6. Provide trash and green waste receptacles. 7. Provide a point of contact for each garden site. III. BUDGET AND TERMS The RFP service request is for a two (2) year contract with the option of two (2) one (1) year extensions. The total budget is $40,000 per year. IV. SUBMITTAL INSTRUCTIONS AND PROPOSAL REQUIREMENTS Proposals shall be submitted electronically only via Planet Bids. Proposals will be accepted by the City until 3:00 P.M. on April 28, 2023. Proposals may be submitted via the City’s web site: www.fresno.gov, Doing Business (at the top of the screen), Bid Opportunities. All Responses received after this deadline will not be considered. Responses shall be submitted in 8½” X 11” inch format. Proposals shall not exceed 20 pages. Proposals should include the following: 1. Title page including project name and consultants contact information (not included in page maximum). 2. Summary of experience and performance on similar projects, including at least three references. 3. Resumes for the Project Manager, key support staff, and subconsultants including education, relevant past project experience, any applicable licensing and certifications, and a description of their assignment on this project. 4. Provide audited and certified financial statements for your organization’s last three years of operations. 5. Please list the languages your organization can provide written and verbal communication in. Note, translation and interpretation can be included in the budget request as an eligible expense. 6. Describe your organization’s past experience in working with public entities, including cooperative efforts and results. Also include experience in community outreach and the efforts and strategies applied. 7. Describe how you will complete the scope of work. 8. Describe the proposed approach to managing community gardens. Include examples of procedures and policies, innovative maintenance ideas, and community outreach strategies. 9. Prepare a line-item budget to support your proposed scope of work using the budget template attached in Appendix A (not included in page maximum). 10. Proposal must be signed by an official authorized to enter into a contractual agreement on behalf of the organization. V. SCHEDULE The tentative schedule for engaging the Respondent(s) is as follows: • RFQ Responses due to City by 3:00 pm on April 28, 2023 • Invitations to Interview – Week of May 15, 2023 (if needed) All dates are subject to change, Respondent(s) will be notified via email of any schedule changes. VI. SELECTION PROCESS RFP Responses will be evaluated by a Review Committee (Committee). Following the evaluation of the responses, the Committee may elect to interview some or all the Respondents or may otherwise seek clarification or amplification of the material submitted or may reject all responses. The Committee reserves the right to hold interviews or select a preferred response without interviews. The recommendation for selection will be made based on criteria related to demonstrated qualifications, ability to meet the scope of work requirements, outreach strategies and goals, capacity to perform the proposed scope within the timeframe, and any other factors, whether quantifiable or not. The Committee reserves the right to reject all responses; or to waive minor irregularities. The Committee will make its recommendation to the City. The City reserves the right to make the selection of a Respondent based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the Respondent to perform the services set forth herein. The City may enter into negotiations with one or more Respondents concurrently. The City has no obligation to enter into an agreement with any party as a result of their response to this offering. This RFP does not commit the City to enter into a contract or to pay any costs incurred in the preparation of the RFP. The City of Fresno reserves the right to accept or reje ct any RFP's, and to negotiate with any qualified Respondent, or to cancel in part or in its entirety this solicitation for RFP's. VII. QUESTIONS, CLARIFICATIONS, AND CONCERNS The scope of services/specifications describing this project have been carefully prepared. Any questions or concerns relating to the scope of services/specifications shall be directed in writing to the designated Proposal Contact (see cover page) and may be submitted electronically by utilizing the Question and Answers field on Planet Bids. Questions will be accepted only up to five (5) working days prior to the proposal date to allow the City, if necessary, to issue an addendum to all proposers stating revisions, deletions, or additions to be made to the Specifications as a result of any questions. If questions arise after the deadline, please contact the designated Proposal Contact, but the City will not guarantee a response. The City will not be responsible for verbal responses made by parties other than the designee. VIII. LOCAL PREFERENCE Fresno Municipal Code Section 4-109, LOCAL PREFERENCE IN CONTRACTING FOR SERVICES, provides for a local preference. Portions pertinent to this Contract are paraphrased as follows: Except for those contracts funded by the federal or state government when such funding would be jeopardized because of this preference, the City of Fresno shall, in contracting for consulting services, give a primary preference to local firms, when such firms have the necessary qualifications, experience and expertise to complete the project being proposed, as determined by the City. A secondary preference shall be given to non-local firms which form an association for pecuniary profit with local firms for the project, wherein the benefit to the local firm(s) is an amount greater than 15% of the total contract price. The Respondent shall certify, under penalty of perjury, that the Respondent qualifies as a local firm. The preference is waived if the certification does not appear on the proposal. "Local firm" shall mean a firm with a fixed primary or branch office within a twenty-five mile radius of Fresno City Hall, located at 2600 Fresno Street in the City of Fresno, and a majority of the work on the project will be performed by employees who are permanently assigned to such office prior to the city requesting proposals for the project and whose regular duties would include local work on other than City projects. Respondent shall submit the form CERTIFICATION FOR LOCAL PREFERENCE with their proposal if they seek the benefit of local preference. IX. GENERAL INFORMATION The Proposals received shall become the property of the City of Fresno and are subject to public disclosure. Those parts of a Proposal which are defined by the Proposer as business or trade secrets as that term is defined in California Civil Code, Section 3426.1, and are reasonably marked "Trade Secrets", "Confidential", or "Proprietary", and placed in a separate envelope shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most or all of their Proposal as exempt from disclosure may be deemed non-responsive. Upon City's acceptance of a Proposal, the successful Proposer will be required to execute and return a City Standard Consulting Agreement without changes (a copy of which is provided as Appendix B) and all certificates of insurance within ten (10) calendar days from the date of Notice of Award issued by the City. Should the successful Proposer fail or refuse to execute the Agreement or provide the additionally required instruments and documentation, the City reserves the right to accept the proposal of the Proposer offering the next best value to the City. The City of Fresno reserves the right to establish a competitive range and/or reject any and all Proposals. A. DEBARMENT A Bidder may be debarred from bidding or proposing upon or being awarded any contract with the City, or from being a subcontractor or supplier at any tier upon such contract, in accordance with the procedures in Fresno Municipal Code Section 4 -104 adopted by Council on May 17, 2018. The initial period of any such debarment shall not be less than one year and may be permanent depending on the violation. A Bidder may request a hearing, in accordance with Fresno Municipal Code Section 4-104, upon receipt of a notice of proposed debarment from the City Manager or designee. A copy of the ordinance may be obtained from the City Clerk’s Office, 2600 Fresno Street, Fresno, California 93721. B. REGULATED COMMUNICATIONS The Regulated Communications in City Procurement Process Ordinance (Article 6, Chapter 4 of the Fresno Municipal Code) became effective April 29, 2004. With certain specified exceptions, the Ordinance provides that no Respondent, Bidder, Proposer (as the case may be) shall initiate, engage in, or continue any communication to or with any City elected official concerning or touching upon any matter which is the subject of this competitive procurement process. Any Respondent, Bidder, Proposer, or elected official (as the case may be) who initiates, engages in, continues in, or receives any regulated communication shall file the written disclosure required by the Regulated Communications in City Procurement Process Ordinance. Any Respondent, Bidder, or Proposer violating the Regulated Communications in City Procurement Process Ordinance may be disqualified from participating in this procurement process and/or determined to be non-responsible. Additionally, the City may set aside the award of a contract, prior to its execution, to a party found to have violated the Ordinance. Note: The full text of Fresno Municipal Code, Chapter 4, Article 6 may be viewed on the City’s website at, http://www.fresno.gov. Under Departments, Finance, Municipal Code, or view the Fresno Municipal Code directly at: https://library.municode.com/ca/fresno/codes/code_of_ordinances X. AGREEMENT DOCUMENTS The City will be utilizing a standard city agreement (Appendix B). XI. APPENDICES Appendix A – Budget Template Appendix B – Standard Service Provider Agreement including insurance requirements and conflict of interest form APPENDIX A BUDGET TEMPLATE City of Fresno Community Garden Liaison Proposed Project Budget Template Name of Organization: __________________________________________ A. Proposed Operational Expense Breakdown: Includes expenses for outreach and marketing materials for community outreach events such as interpretation, translation, flyers, etc. Overhead shall not exceed 10 percent of contract total. Detailed itemization and receipts required. $ (Example) interpretation for 12 community meetings per year $2,400.00 (Example) flyers for community meetings $100.00 TOTAL PART A. PROPOSED OPERATIONAL EXPENSES $ B. Proposed Staff Costs: Includes staff who will work on the project, their costs with hourly rates required to complete project and details about work performed. Staff Member & Work Performed Hourly Rate Hours (Example) Name, CFO, manage financials and reporting $30 312 $9,360.00 (Example) Name, Program Manager $22 520 $11,440.00 TOTAL of PART B. PROPOSED STAFF COSTS $ C. Travel Expenses: Mileage must use the federal standard mileage rate of $0.625 per mile Detailed itemization required. (Example) Round-trip mileage from address A to address B. 16 miles (one -way) x $0.625 $20.00 TOTAL PART C. TRAVEL EXPENSES $ TOTAL AMOUNT REQUESTED $ APPENDIX B STANDARD SERVICE PROVIDER AGREEMENT ALL-B GSP Agt Not to Exceed (03-2023) -1- SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT (Agreement) is made and entered into, effective on ______________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and [Service Provider NAME], [Legal Identity] (Service Provider). RECITALS WHEREAS, City desires to obtain [Kind of Service] services for [Describe Project] (Project); and WHEREAS, Service Provider is engaged in the business of furnishing such services as a [Service Provider's Industry] and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Service Provider acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107; and WHEREAS, this Agreement will be administered for City by its [SELECT TITLE] (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. Service Provider 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. 2. Term of Agreement and Time for Performance . This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through [End Date], subject to any earlier termination in accordance with this Agreement. The services of Service Provider as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3. Compensation. (a) Service Provider’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement and shall not exceed $[Fee Amount], paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A. Such fee includes all expenses incurred by Service Provider in performance of the services. (b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business. City shall not be obligated to reimburse any expense for which it has not ALL-B GSP Agt Not to Exceed (03-2023) -2- 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 increas e 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 Service Provider’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. Service Provider 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 City to Service Provider upon the earlier of: (i) Service Provider’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Service Provider; (ii) seven calendar days’ prior written notice with or without cause by City to Service Provider; (iii) 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, Service Provider 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 Service Provider that are owned by City. Subject to the terms of this Agreement, Service Provider shall be paid compensation for services satisfactorily performed prior to the effective date of termination. Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider, 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 City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. ALL-B GSP Agt Not to Exceed (03-2023) -3- (e) Service Provider shall provide City with adequate written assurances of future performance, upon Administrator’s request, in the event Service Provider fails to comply with any terms or conditions of this Agreement. (f) Service Provider shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Service Provider and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Service Provider 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 prompt ly 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 Service Provider pursuant to this Agreement shall not be made available to any individual or organization by Service Provider without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Service Provider 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 propri etary 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. All Confidential Information shall be and remain confidential and proprietary in City. (b) Any and all writings and documents prepared or provided by Service Provider 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. Service Provider shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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. Level of Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Service Provider represents to City that Service Provider and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Service Provider and its subcontractors, if any, to do and perform such services in a skillful manner and Service Provider agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance ALL-B GSP Agt Not to Exceed (03-2023) -4- of such services by City shall not operate as a release of Service Provider or any subcontractors from said industry and professional standards. 7. Indemnification. To the furthest extent allowed by law, Service Provider 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), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Service Provider, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, Service Provider 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 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 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, Service Provider 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 Service Provider 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 Service Provider 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 ALL-B GSP Agt Not to Exceed (03-2023) -5- commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Service Provider shall not be deemed to release or diminish the liability of Service Provider, 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 Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Service Provider, its principals, officers, agents, employees, or persons under the supervision of Service Provider, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) Upon request of City, Service Provider shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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 Service Provider and City prior to the commencement of any services by the subcontractor. Service Provider and any subcontractor/sub- consultant shall establish additional insured status for 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 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to City’s execution of this Agreement, Service Provider 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, Service Provider shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Service Provider in such statement. (b) Service Provider 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 ALL-B GSP Agt Not to Exceed (03-2023) -6- and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Service Provider shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Service Provider and the respective subcontractor(s) are in full compliance with all laws and regulations. Service Provider 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, Service Provider shall immediately notify City of these facts in writing. (c) In performing the work or services to be provided hereunder, Service Provider 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) Service Provider 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) Service Provider 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 . Notwithstanding any approval given by the City Manager under this provision, Service Provider shall remain responsible for complying with Section 9(a), above. (f) If Service Provider should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Service Provider shall include the provisions of this Section 9 in each su bcontract 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 Service Provider 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, Service Provider at its sole cost and expense shall: (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. ALL-B GSP Agt Not to Exceed (03-2023) -7- (c) Cooperate with and demonstrate to the satisfaction of 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 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 Service Provider’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law . In addition, all books, documents, papers, and records of Service Provider pertaining to the Project 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 Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by City, Service Provider shall have provided evidence to City that Service Provider is licensed to perform the services called for by this Agreement (or that no license is required). If Service Provider should subcontract all or any portion of the work or services to be performed under this Agreement, Service Provider shall require each subcontractor to provide evidence to 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, Service Provider 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, Service Provider agrees as follows: (a) Service Provider 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 ALL-B GSP Agt Not to Exceed (03-2023) -8- under any program or activity made possible by or resulting from this Agreement. (b) Service Provider 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. Service Provider 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 Service Provider’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 . Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) Service Provider will, in all solicitations or advertisements for employees placed by or on behalf of Service Provider 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) Service Provider 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 Service Provider’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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, Service Provider is acting solely as an independent contractor. Neither Service Provider, 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 Service Provider shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Service Provider is performing its obligations in accordance with the terms and conditions thereof. ALL-B GSP Agt Not to Exceed (03-2023) -9- (b) This Agreement does not evidence a partnership or joint venture between Service Provider and City. Service Provider shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Service Provider shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, Service Provider and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. Service Provider 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, Service Provider shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Service Provider’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, Service Provider may be providing services to others unrelated to City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mai l, 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 wri tten 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 Service Provider and there shall be no assignment by Service Provider of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Service Provider, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. ALL-B GSP Agt Not to Exceed (03-2023) -10- (b) Service Provider hereby agrees not to assign the payment of any monies due Service Provider 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 Service Provider directly to Service Provider. 17. Compliance With Law. In providing the services required under this Agreement, Service Provider shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction . Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. 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. 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 th is 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 ALL-B GSP Agt Not to Exceed (03-2023) -11- 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 City and Service Provider. 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 delegat ion of authority must be expressly included in the Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] ALL-B GSP Agt Not to Exceed (03-2023) -12- 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: [Name], [Title] [Department] APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Date Addresses: City: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] Phone: (559) [#] E-mail: [E-mail address] [Service Provider Name], [Legal Identity] 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) Service Provider: [Service Provider Name] Attention: [Name], [Title] [Street Address] [City, State Zip] Phone: [area code and #] E-mail: [E-mail address] Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form ALL-B GSP Agt Not to Exceed (03-2023) Page 1 of 1 EXHIBIT A SCOPE OF SERVICES Service Agreement between City of Fresno and [Service Provider Name] [Project Title] [Insert Scope] ALL-B GSP Agt Not to Exceed (03-2023) Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Service Agreement between City of Fresno (City) and [Service Provider Name] (Service Provider) [Project Title] MINIMUM SCOPE OF INSURANCE (a) 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 ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. MINIMUM LIMITS OF INSURANCE SERVICE PROVIDER, or any party the SERVICE PROVIDER subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named 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, ALL-B GSP Agt Not to Exceed (03-2023) Page 2 of 4 (iv) $2,000,000 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. 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. UMBRELLA OR EXCESS INSURANCE In the event SERVICE PROVIDER 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 SERVICE PROVIDER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SERVICE PRO VIDER 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 his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or (ii) SERVICE PROVIDER shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self -insured retentions. ALL-B GSP Agt Not to Exceed (03-2023) Page 3 of 4 OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. SERVICE PROVIDER shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, SERVICE PROVIDER’S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any in surance or self- insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of SERVICE PROVIDER’S insurance and shall not contribute with it. SERVICE PROVIDER 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: SERVICE PROVIDER and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. SERVICE PROVIDER 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, SERVICE PROVIDER 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, SERVICE PROVIDER 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. ALL-B GSP Agt Not to Exceed (03-2023) Page 4 of 4 Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense c osts, 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 SERVICE PROVIDER shall not be deemed to release or diminish the liability of SERVICE PROVIDER, 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 SERVICE PROVIDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SERVICE PROVIDER, its principals, officers, agents, employees, persons under the supervision of SERVICE PROVIDER, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE SERVICE PROVIDER shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, SERVICE PROVIDER shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS If SERVICE PROVIDER should subcontract all or any portion of the services to be performed under this Agreement, SERVICE PROVIDER shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and SERVICE PROVIDER shall ensure that CITY, its officers, officials, employees, agents and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with SERVICE PROVIDER and CITY prior to the commencement of any work by the subcontractor. ALL-B GSP Agt Not to Exceed (03-2023) Page 1 of 1 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST [Project Title] 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 ALL-B GSP Agt Not to Exceed (03-2023) -1- SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT (Agreement) is made and entered into, effective on ______________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and Fresno Metropolitan “Metro” Ministry, a non-profit corporation (Service Provider). RECITALS WHEREAS, City desires to obtain Community Garden Liaison services for Community Gardens located at Parks, After School, Recreation and Community Service Department facilities (Project); and WHEREAS, Service Provider is engaged in the business of furnishing such services as a non-profit organization and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Service Provider acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107; and WHEREAS, this Agreement will be administered for the City by its PARCS Director (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. Service Provider 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. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through June 30, 2025, subject to any earlier termination in accordance with this Agreement. The City may, at its sole discretion, extend the term of the agreement for two (2), one-year terms. Any extensions shall be provided through written amendment, duly executed by both parties. The services of Service Provider as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3. Compensation. (a) Service Provider’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement and shall not exceed $40,000 per year, paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A. Such fee includes DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -2- all actual expenses incurred by Service Provider in performance of the services and shall be made on a reimbursement basis. (b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business. 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 Service Provider’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. Service Provider 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 City to Service Provider upon the earlier of: (i) Service Provider’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Service Provider; (ii) seven calendar days’ prior written notice with or without cause by City to Service Provider; (iii) 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, Service Provider 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 Service Provider that are owned by City. Subject to the terms of this Agreement, Service Provider shall be paid compensation for services satisfactorily performed prior to the effective date of termination. Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider, 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 DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -3- 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 City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) Service Provider shall provide City with adequate written assurances of future performance, upon Administrator’s request, in the event Service Provider fails to comply with any terms or conditions of this Agreement. (f) Service Provider shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Service Provider and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Service Provider 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 Service Provider pursuant to this Agreement shall not be made available to any individual or organization by Service Provider without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Service Provider 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. All Confidential Information shall be and remain confidential and proprietary in City. (b) Any and all writings and documents prepared or provided by Service Provider 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. Service Provider shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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. Level of Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Service Provider represents to City that Service DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -4- Provider and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Service Provider and its subcontractors, if any, to do and perform such services in a skillful manner and Service Provider agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by City shall not operate as a release of Service Provider or any subcontractors from said industry and professional standards. 7. Indemnification. To the furthest extent allowed by law, Service Provider 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), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Service Provider, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, Service Provider 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 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 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, Service Provider 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 Service Provider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -5- 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 Service Provider of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Service Provider shall not be deemed to release or diminish the liability of Service Provider, 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 Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Service Provider, its principals, officers, agents, employees, or persons under the supervision of Service Provider, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) Upon request of City, Service Provider shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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 Service Provider and City prior to the commencement of any services by the subcontractor. Service Provider and any subcontractor/sub- consultant shall establish additional insured status for 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 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to City’s execution of this Agreement, Service Provider 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, Service Provider shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Service Provider in such statement. DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -6- (b) Service Provider 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 time, upon written request of City, Service Provider shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Service Provider and the respective subcontractor(s) are in full compliance with all laws and regulations. Service Provider 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, Service Provider shall immediately notify City of these facts in writing. (c) In performing the work or services to be provided hereunder, Service Provider 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) Service Provider 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) Service Provider 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. Notwithstanding any approval given by the City Manager under this provision, Service Provider shall remain responsible for complying with Section 9(a), above. (f) If Service Provider should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Service Provider 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 Service Provider 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, Service Provider at its sole cost and expense shall: (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 DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -7- 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 paragraph (a) above and the ongoing maintenance thereof. 11. 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 Service Provider’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Service Provider pertaining to the Project 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 Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by City, Service Provider shall have provided evidence to City that Service Provider is licensed to perform the services called for by this Agreement (or that no license is required). If Service Provider should subcontract all or any portion of the work or services to be performed under this Agreement, Service Provider shall require each subcontractor to provide evidence to 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, Service Provider 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, Service Provider agrees as follows: DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -8- (a) Service Provider 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) Service Provider 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. Service Provider 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 Service Provider’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. Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) Service Provider will, in all solicitations or advertisements for employees placed by or on behalf of Service Provider 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) Service Provider 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 Service Provider’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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, Service Provider is acting solely as an independent contractor. Neither Service Provider, nor DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -9- 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 Service Provider shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Service Provider is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between Service Provider and City. Service Provider shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Service Provider shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, Service Provider and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. Service Provider 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, Service Provider shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Service Provider’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, Service Provider may be providing services to others unrelated to City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. 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. DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -10- 16. Assignment. (a) This Agreement is personal to Service Provider and there shall be no assignment by Service Provider of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Service Provider, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) Service Provider hereby agrees not to assign the payment of any monies due Service Provider 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 Service Provider directly to Service Provider. 17. Compliance With Law. In providing the services required under this Agreement, Service Provider shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. 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. 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, DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -11- 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 City and Service Provider. 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.] DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -12- 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: Angela M. Karst Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Date Addresses: City: City of Fresno Attention: Aaron A. Aguirre, Director 1515 E. Divisadero Avenue Fresno, CA 93721 Phone: (559) 621-7529 E-mail: Aaron.Aguirre@fresno.gov Fresno Metropolitan “Metro” Ministry, a non-profit organization 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) Service Provider: Fresno Metropolitan “Metro” Ministry Attention: Emogene Nelson, Executive Director 3845 N Clark St Suite 101 Fresno, CA 93726 Phone: (559) 485-1416 E-mail: Emogene@fresnometmin.org Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20C Emogene Nelson Executive Director Executive Director Vicki Taylor DocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -13- EXHIBIT A SCOPE OF SERVICES Service Agreement between City of Fresno and Fresno Metro Ministry for Community Garden Liaison Services The scope of services for the Community Garden Liaison is to manage multiple community garden locations within City of Fresno Parks and/or Community Centers. A. Community Garden Liaison tasks include but are not limited to: 1. Gardener selection and completion of sign-up agreements. Agreements must include risk language and must be reviewed by the City. 2. Establish and maintain an equitable gardener selection process, including waitlist procedures, rules related to plot use and site use. 3. Monitor and enforce rules related to plot use. 4. Maintain hours of operations of the sites. 5. Require and enforce drip irrigation and water wise practices. 6. Manage green waste and refuse through composting and proper disposal. 7. Collect and manage rent according to the City of Fresno Master Fee Schedule. Proceeds from rent monies collected shall be accumulated and invested back into the community garden twice per year. Eligible uses will be approved by the City and receipts must be submitted to the City. 8. Assume responsibility for the security of individual plots and any storage facilities. Coordinate with City of Fresno as needed to identify security solutions. 9. Visit community gardens on a regular basis to conduct garden inspections and log findings. 10. Organize and promote bi-annual meetings for each existing garden site for members who are renting plots. 11. Host annual meetings with neighborhoods located within 1-mile of the community garden site to invite participation in community gardening, as well as discuss any impacts or concerns. 12. Must be able to encumber the cost of community meetings. 13. All communication material must be made available in English, Hmong, Punjabi, and Spanish. 14. Adhere to reporting requirements which include quarterly reporting and invoicing for services provided. Quarterly reports shall include the following information: a. Total number of garden plots at each location including number of garden plots rented, number of plots available for rent, and number of plots fallow due to need for repairs. b. Total number of people on waiting lists at each location. c. Photos from each garden highlighting what is being grown. d. A description of training, supplies or materials provided. DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -14- e. A summary of any challenges or recurring issues. f. Other data that illustrates outcomes, success stories and impacts of community garden operations: for example, pounds of compost, pounds of food grown, etc. g. Reports should be submitted electronically to: PARCSContracts@Fresno.gov 15. Meet with the City at least twice per year to provide an update on the gardens. 16. Communicate with City of Fresno PARCS staff to report maintenance needs by utilizing FresGo and “311.” 17. Maintain all records. Copies of applications and other records shall be available to the City upon request and retained for three (3) years after the conclusion of the contract. Fresno Metro Ministries shall provide these services in accordance with the methods presented in the project proposal. Fresno Metro Ministry is a 501(c)3 Community Benefiting Organization that has been engaging gardeners in community gardens for over 15 years and has been conducting community outreach and engagement for over 50 years. Fresno Metro has over 14 years of experience working with the City of Fresno’s PARCS Department in managing 3 of their community gardens, Al Radka, Lowell and Peach Garden. We have been successful in managing these garden spaces, which includes hosting yearly meetings, events and workshops across all three gardens while also conducting regular garden checks to ensure all gardeners and garden plots are active and tended to. We have compiled a waitlist of over 140 community residents interested in community gardening and onboard them as plots become available. Our outreach strategies to fill our garden spaces include canvassing within the zip code of our garden before opening it up to other community members in the surrounding areas. Fresno Metro has been in collaboration with Fresno Housing Authority over the past 3 years to develop and manage their community garden and urban farm which sit on 7.5 acres. Currently, this site provides community members with over 94 garden plots to grow fresh and healthy foods along with providing 4 urban farmland spaces to develop their farming businesses. After many months of careful planning, community input sessions and multiple presentations, we have begun our food forest project on this site. We have planted over 200 fruit-bearing trees and brushes with the help of community members all across the county. Prior to breaking ground for the community garden development with Fresno Housing Authority, we conducted door-to-door canvassing and held input sessions in the neighborhoods in the zip code where the garden is located for the Experience with Public Entities and Community Outreach DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -15- development of the site. We also hosted multiple community events, workshops and presentations to ensure we were including the community in the development of this community space. Fresno Metro also has many years of working with other public entities such as Fresno Unified School District and Central Unified School District with our food recovery program that combats food waste and increases food access as we with 40 receiving partners that redistribute the food we collect. With these two school districts, we work closely with over 80 schools in collecting edible food before it goes to waste. Metro’s Food Policy Network currently collaborates with over 30 public entities that are currently working on changing Fresno County’s food system and policies. Community outreach strategies that we’ve done in the past have consisted of going door- to-door knocking to pass out fliers on workshops, events, or volunteer days that we have at our garden sites to community members that live within a mile radius. We have also done monthly newsletters and social media posts and followed up via phone calls for community members who have expressed interest in attending. Below are the different ways the Fresno Metro Ministry intends to complete the Scope of Work for this project: 1. Gardener selection completion of sign-up agreements. Agreements must include risk language and must be reviewed by the City. 2. Establish and maintain an equitable gardener selection process, including waitlist procedures, rules related to plot use and site use. 3. Maintain hours of operations of the sites. When establishing a new garden, Fresno Metro ensures an equitable gardener selection process by conducting multilingual outreach to community members near the site to populate it initially. This includes conducting door-to-door canvassing, attending local tabling events, conducting presentations with local community groups, and conducting focus groups. Once all garden plots at a site have been rented, a waitlist is established which takes into account the person’s name and contact information. When someone is interested in joining the site, they are added to the bottom of the waitlist and informed of their number on the waitlist. They are also informed that they must regularly update their contact information with us so we can contact them when a garden plot is open. When a garden plot is open, the person on the top of the waitlist is contacted, informed about the open garden plot opening and an appointment to look at the open garden plot is booked. If the phone number is disconnected or we are not able to get a hold of the waitlisted person after 3 weeks, the opportunity to rent the garden plot is given to the next person on the waitlist. Once the person on the waitlist has had the opportunity to look at the garden plot and would like to rent the plot, we go over the garden agreement (see attachment #7) and have them sign it. Implementation of Scope of Work DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -16- Garden agreements will be made available in Spanish, English, Hmong and Punjabi. At the time of sign-up, they also pay the $35.00 garden plot fee and the $5.00 application fee (see attachment #7 for terms of payment, site use, plot use, and hours of operation). New gardeners are also given a tour of the site and are given the codes to the entrance gates and storage area (if applicable). Copies of signed gardener agreements and payment receipts can be made to the City of Fresno upon request and will be filed for 3 years after the conclusion of the contract. Gardener Agreement - See Attachment #7 4. Monitor and enforce rules related to plot use. 5. Require and enforce drip irrigation and waterwise practices. 6. Manage green waste and refuse through composting and proper disposal. 7. Visit community gardens on a regular basis to conduct garden inspections and log findings. 8. Communicate with City of Fresno PARCS staff to report maintenance needs by utilizing FresGo and “311.” Fresno Metro Ministry will conduct bi-weekly garden checkups to each garden to ensure each site is being maintained, gardeners are following site rules and agreements, and to report any infrastructure repairs needed to the City of Fresno utilizing the FresGo app or by calling 311. Gardeners that are not utilizing drip irrigation, flooding, not disposing of waste properly or not following any other items on the agreement will be contacted with a reminder of the agreement and given a verbal warning. Gardeners will also be instructed to report any issues occurring on site to the main site contact to ensure the site remains a safe and comfortable space for all gardeners. Gardeners will also be engaged in conducting site cleanups during bi-monthly gardeners’ meetings as needed to ensure the site remains clean and free of trash. Depending on the site infrastructure and space, gardens will either utilize composting methods or green waste bins to dispose of green waste. 9. Collect and manage rent according to the City of Fresno Master Fee Schedule. Proceeds from rent monies collected shall be accumulated and invested back into the community garden twice per year. Eligible uses will be approved by the City and receipts must be submitted to the City. Fresno Metro Ministry will collect plot rental fees and administrative fees on a yearly basis at the time of assigning a gardener their plot and every year thereafter. A $35.00 yearly garden plot fee ($3.00 per month, $1 discount for paying for the whole year) and a $5.00 administrative fee will be collected per the City of Fresno Master Fee Schedule. Metro will manage fees through a gardener database to track fees collected and garden payment due dates. When the contract is awarded, Fresno Metro Ministry will compile a list of proposed items that garden plot fees could be used for. Once the City of Fresno provides clearance on proposed items, Fresno Metro will host an input session twice a year during bi-monthly gardener meetings to collect input from gardeners on items they would like to see purchased from the City of Fresno approved purchasing list. Any additional items requested will be presented to the City of Fresno for approval. Fees acquired and receipts of items purchased will be submitted quarterly to the city along with the quarterly progress reports and invoices. DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -17- 10. Assume responsibility for the security of individual plots and any storage facilities. Coordinate with the City of Fresno as needed to identify security solutions. Aside from the Gardener Agreement which lists gardener expectations for their own and other’s plots, Fresno Metro Ministry will provide gardeners with the contact information of the Fresno Metro office and the site contact to report any security issues that may arise. Fresno Metro staff will contact the proper authorities and/or the City of Fresno’s primary contact with any immediate concerns. Fresno Metro will also track and report on any security issues that occurred in the quarterly reports. For sites that have storage facilities, Fresno Metro will create multilingual signage on storage facility doors reminding gardeners to lock up the storage facility, which will be locked with a number lock. Fresno Metro will engage gardeners in cleaning, organizing and maintaining the storage facility during bi-monthly gardener meetings as needed. 11. Organize and promote bi-monthly meetings for each existing garden site for members who are renting plots. 12. All communication material must be made available in English, Hmong, Punjabi, and Spanish. Once awarded the contract, Metro will set dates and times for 6 bi-monthly gardener meetings at each site for the year. Metro will create multilingual flyers with meeting dates, will mail the flyers to each gardener and will post the meeting dates on bulletin boards at each site. As the meeting dates approach, Metro staff will give gardeners a reminder call to ensure gardener participation. Meeting will be multilingual as needed. During these meetings, we will discuss garden agreements, take garden payments, conduct site cleanups, maintain storage areas, gather input on plot usage fees and facilitate activities to foster community building within gardeners. Metro will track gardener participation through a sign-in sheet, flyers and an agenda of discussed topics and activities. Metro will share participation and outcomes of meetings through the quarterly reports. 13. Host annual meetings with neighborhoods located within 1-mile of the community garden site to invite participation in community gardening, as well as discuss any impacts or concerns. 14. Must be able to encumber the cost of community meetings. 15. All communication material must be made available in English, Hmong, Punjabi, and Spanish. Metro will conduct an annual meeting at each site geared towards residents living within 1-mile of the garden site to facilitate neighbor participation in the garden and discuss any concerns. In order to reach residents living near the site, Metro staff will create a multilingual invitational flier to distribute to residents in homes and apartments within a 1- mile radius surrounding the garden. Metro will then host a multilingual meeting (English, Spanish, Hmong and Punjabi) utilizing our interpretation equipment to ensure participants receive simultaneous translation. The meeting will consist of a garden tour, education on cultural foods being grown on site, information on how to sign up to the garden, how to get involved in garden related projects and events in Fresno, and a Q&A session to gather any feedback and address any concerns community members may have regarding the garden being in their community. DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -18- Metro will track outreach activities through outreach logs and copies of flyers. Metro will track community member participation by having a sign-in sheet and keeping an agenda of discussed topics. Metro will share participation, outreach activities and outcomes of the meetings through the quarterly reports. 16. Adhere to reporting requirements which include quarterly reporting and invoicing for services provided. 17. Meet with the City at least twice per year to provide an update on the gardens. 18. Maintain all records. Copies of applications and other records shall be available to the City upon request and retained for three (3) years after the conclusion of the contract. In order to be able to provide thorough and accurate quarterly reports, Metro staff will manage a gardener database with gardener information, number of rented and unrented plots and fees collected. Metro will gather information on garden plots, waitlist, pictures of the sites, recaps of training, and challenges to include in reports. Any participation and outcomes collected from bi-monthly meetings, annual meetings, and outreach efforts will also be included in this report. Any signed agreements will be filed and stored for up to 3 years after the conclusion of the contract and can be made available to the City of Fresno upon request. Metro will also track, file and provide receipts and expense reports for purchases made during the quarterly period. Metro will work with the City of Fresno primary contact to schedule the meetings with the City and provide updates on the gardens. 1. Describe the proposed approach to managing community gardens. Include examples of procedures and policies, innovative maintenance ideas, and community outreach strategies. Fresno Metro Ministry will incorporate the approach that it uses with all of its community gardens, which includes a large part of the activities requested in the Scope of Work. This includes conducting regular garden checkups, working with gardeners on the development of the site, hosting community meetings and putting on community events. Metro will also occasionally host educational workshops, volunteer days and site tours depending on regional events, partnerships and opportunities that might be occurring at each site. Our strategies on maintaining and managing community gardens are heavily centered around community engagement, engaging community members in the development of the sites throughout the whole process. As mentioned in the scope of work, Metro will conduct biweekly garden checkups to ensure that all gardeners renting plots are active at the site and are following all established garden agreements from both the City of Fresno along with Fresno Metro. During our garden checks, we keep documentation of gardener successes and garden agreement violations that need to be addressed. We address these violations by conducting gardener checkups, which entails calling gardeners and inquiring about their wellbeing, providing reminders about the agreements, and checking in with them to see if they need further coaching or support. Understanding the importance of relationship Approach to Managing Community Gardens DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -19- building and making community within the garden space and with the gardeners and having a constant presence allows us to better support the gardeners and the sites for success. As we conduct our garden checks, this gives us opportunities to have dialogues regularly and provide support for gardeners and the development of their plots. If gardeners are violating any gardener agreements and not being responsive, we begin our corrective actions plan to ensure that they are following the agreements they signed up for. Below is our corrective plan, which is also listed in the gardener agreements. In the event there is a violation: You will receive one (1) verbal warning from Metro 1. If there is no correction, you will receive a written notice within two (2) weeks. 2. If there is no correction after the written notice, you will receive a written notice informing you that you have lost the use of your plot. In addition, you may not apply for a new plot for a period of one (1) year and the acceptance of your application will be at the sole discretion of Metro. We use this approach in extreme cases but have discovered that a simple phone call conversation resolves the violation. During these phone calls, Metro offers support and understands a gardener's personal situation that is causing them to neglect certain rules. Many times, illness and family situations cause obstacles. All gardeners that Metro oversees including the gardeners at these sites are educated to practice climate-conscious gardening and farming techniques. These practices include using dripline irrigation in the garden plots for wise water practices. Flooding is not permitted and will call for immediate corrective action. In the case that gardeners are not familiar with the practice, we will assist in teaching and setting up drip irrigation and provide a list of stores the gardeners can visit to purchase drip lines to use in their garden plots. Gardeners are also not allowed to utilize harmful chemical pesticides and will be taught to implement integrated pest management techniques to deter pests, create habitats for beneficial insects and improve their plants' resiliency. Metro utilizes many approaches for its community outreach strategies depending on the intended outcome, goal or target audience. For this specific project, we will conduct community engagement through flier distribution for residents living near the site, phone call reminders, and send mail to current gardeners. Other strategies of outreach that might be utilized for events, workshops and volunteer recruitment will be social media posts, group presentations and project partner outreach. We will also provide opportunities for local residents to get involved in the management and engagement of the sites by partnering with organizations that provide paid opportunities for students and young adults to intern with an organization and get involved in community garden work. DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -20- Attachment #7 [Insert Garden Name] Garden Agreement 1. Fresno Metro Ministry is the manager of the garden site and has sole authority from the City of Fresno to assign garden plots, establish and enforce rules for the use of the site, and resolve conflicts. 2. Upon signing this Agreement, the gardener will pay a Thirty Six Dollar ($35.00) plot fee and a Five Dollar ($5.00) administrative fee, which will be paid annually. Plot fees will be reinvested into the community garden. All fees are non-refundable. 3. Bi-monthly gardener meetings will be held to conduct site cleanups, collect garden payments, encourage gardener engagement and receive input on the investment of site fees. Gardeners are required to attend at least 1 meeting a year. 4. Once assigned a plot, the gardener will cultivate and plant it within three (3) weeks. If at any time the plot appears inactive for more than three (3) weeks, the gardener will be contacted, and a notice may be given if it remains vacant for an excessive amount of time. 5. Garden Site RULES: ● The gardens shall only be tended between dawn and dusk. ● Do not share the garden code. ● Do not drink alcoholic beverages or use drugs while in the garden. 6. Garden Plot Usage Agreements: ● Plots must be kept at the original size. ● Drip irrigation must be used to water garden plots. Flood irrigation is NOT allowed. ● Treat fellow gardeners with respect and dignity. ● Prevent any damage to the garden or plots by guests, children or pets. ● Do not take any plants, vegetables or any other item from another gardener’s plot without the permission of the gardener. ● Keep surrounding pathways and plots clean and free of weeds, pests, and disease. ● Remove trash and place it in the appropriate bins. ● Do not plant any illegal plants, such as marijuana and opium poppies. ● Do not use ANY chemical pesticides at the garden (ask if you are not sure). DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) -21- In the event there is a violation: a. You will receive one (1) verbal warning from Metro. b. If there is no correction, you will receive a written notice within two (2) weeks. c. If there is no correction after the written notice, you will receive a written notice informing you that you have lost the use of your plot. 1 4/27/23 DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 d. In addition, you may not apply for a new plot for a period of one (1) year and the acceptance of your application will be at the sole discretion of Metro. 7. Gardeners will have access to their plot for one (1) year with the opportunity to re-register for the same plot at the end of that year. The number of plots allowed per person may be limited based on demand. If the number of plots allowed per person is reduced, the gardener will be given the opportunity to garden the plot until their contract year ends. 8. Fresno Metro Ministry and Gardener shall endeavor to resolve any dispute informally between them. Any controversy or claim arising out of this Agreement, or the breach thereof, shall be settled by arbitration of the dispute before an independent arbitrator. The Parties mutually select an independent arbitrator or panel of arbitrators from Judicial Arbitration and Mediation Services, Inc. (“JAMS”), or another entity mutually agreed to in writing by the Parties. In the event a panel of arbitrators is selected, each Party shall select one member, and shall mutually agree on a third member of the panel. Any arbitration shall occur in Fresno County, California. (Insert City of Fresno Release, Waiver and Indemnity Agreement) I have read, understand, and agree to the conditions of this Agreement and to all attachments, including the City of Fresno Release, Waiver and Indemnity Agreement. If I do not follow this Agreement or policies established by Metro, I may lose my plot. Metro alone will decide if any violation has occurred. (Signature of Gardener) (Date) (Signature of Metro Employee) (Date) Gardener Information Name (print): Address: Telephone: (Day) (Evening) Emergency Contact Information: Name: (Relationship) Telephone: (Day) (Evening) 2 4/27/23 DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 B. Schedule of Fees DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 C. Schedule of Fees (con’t) DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 D. The City will provide the following assistance: 1. Prepare garden locations, including but not limited to, ground preparation, soil testing as warranted, work necessary to bring water to each plot, fencing and permit costs prior to gardeners’ possession. 2. Provide an assessment of existing ADA conditions and include required ADA improvements in the PARCS Department’s ADA Transition and Capital Improvement Plans. 3. Pay utilities including water utilized for drip irrigating each garden site. 4. Notice and promote community garden plots, as needed, in conjunction with selected consultant. 5. Repair and replace raised beds and irrigation as determined necessary. 6. Provide trash and green waste receptacles. 7. Provide a point of contact for each garden site. 8. Provide contact information for residents located within 1 mile of each site to conduct outreach for annual neighborhood meetings. DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 EXHIBIT B INSURANCE REQUIREMENTS Service Agreement between City of Fresno (City) and Fresno Metro Ministry (Service Provider) for Community Garden Liaison Services MINIMUM SCOPE OF INSURANCE (a) 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 ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. MINIMUM LIMITS OF INSURANCE SERVICE PROVIDER, or any party the SERVICE PROVIDER subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named 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; DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 (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. 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. UMBRELLA OR EXCESS INSURANCE In the event SERVICE PROVIDER 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 SERVICE PROVIDER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SERVICE PROVIDER 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 his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or (ii) SERVICE PROVIDER shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. SERVICE PROVIDER shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, SERVICE PROVIDER’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 SERVICE PROVIDER’S insurance and shall not contribute with it. SERVICE PROVIDER 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: SERVICE PROVIDER and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. SERVICE PROVIDER 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, SERVICE PROVIDER 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, SERVICE PROVIDER 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. DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 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 fact that insurance is obtained by SERVICE PROVIDER shall not be deemed to release or diminish the liability of SERVICE PROVIDER, 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 SERVICE PROVIDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SERVICE PROVIDER, its principals, officers, agents, employees, persons under the supervision of SERVICE PROVIDER, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE SERVICE PROVIDER shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, SERVICE PROVIDER shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS If SERVICE PROVIDER should subcontract all or any portion of the services to be performed under this Agreement, SERVICE PROVIDER shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and SERVICE PROVIDER shall ensure that CITY, its officers, officials, employees, agents and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with SERVICE PROVIDER and CITY prior to the commencement of any work by the subcontractor. DocuSign Envelope ID: 25797DA9-F0C9-437E-A7DB-D6506D0DD20CDocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 ALL-B GSP Agt Not to Exceed (03-2023) Page 1 of 1 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Community Garden Liaison Services 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: 25797DA9-F0C9-437E-A7DB-D6506D0DD20C Emogene Nelson Fresno Metro Ministry Fresno, CA 93726 6/15/2023 . 3845 N. Clark St. STE# 101 DocuSign Envelope ID: BBDB8DEA-763A-4404-AEA3-DCBA31922B31 X X X X X X City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-909 Agenda Date:6/29/2023 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:JILLIAN GAYTAN, Sr Management Analyst Homeless Services Division SUBJECT Approve agreement with Marjaree Mason Center to operate as a homeless family emergency shelter for a total award amount of $110,167.00. RECOMMENDATION Staff recommends the City Council approve the Homeless Housing, Assistance, and Prevention (HHAP) agreement with Marjaree Mason Center (MMC) to operate as a homeless family emergency shelter and authorize the City Manager to sign all implementing agreements. EXECUTIVE SUMMARY The City of Fresno (City) is seeking to award funding for emergency shelter operations and service coordination as part of the HHAP program requirements. Staff issued a Notice of Funding Availability (NOFA) on May 9, 2023, and received two responses, both were determined to be qualified and responsive to the NOFA. Based on the evaluation completed by a selection panel, staff recommends awarding MMC a total allocation of $110,167.00 for shelter operations and coordination of services for a one-year agreement. BACKGROUND On August 22, 2019, City Council approved a $118,463.50 agreement with the Marjaree Mason Center using Homeless Emergency Aid Program (HEAP) funds to provide domestic violence shelter and services from September 1, 2019 to June 30, 2021. The services provided include emergency housing and supportive services including food, clothing, case management, counseling, legal assistance, parenting, life skills, support groups, and linkages to housing and job training agencies and programs. It also provided rapid rehousing, housing relocation, and stabilization services. On June 24, 2021, City Council approved a first amendment to the agreement increasing funding by City of Fresno Printed on 7/18/2023Page 1 of 2 powered by Legistar™ MA/NE 7-0 APPROVED ON CONSENT 06/29/2023 File #:ID 23-909 Agenda Date:6/29/2023 Agenda #: 1.-L. On June 24,2021,City Council approved a first amendment to the agreement increasing funding by an additional $118,463.50 in Homeless Housing,Assistance,and Prevention (HHAP)program funds to continue services provided by the Marjaree Mason Center from July 1,2021,through June 30, 2023, for a total contract award of $236,927.00. On May 9,2023,staff issued a NOFA soliciting proposals to provide triage center and/or emergency shelter operations at non-City-owned facilities.The request was to fund small facilities with no more than 25 rooms for a one (1)year Contract with one (1)possible one (1)year extension.MMC responded by the deadline and staff determined their proposal to be complete and responsive.If approved,MMC would utilize HHAP funds to continue to provide small-facility,non-congregate emergency shelter beds to house homeless individuals within the city of Fresno. The proposed HHAP agreement with MMC would result in continued operation of 12 emergency shelter beds for families through June 30, 2024. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference is not applicable because of the use of State funds. FISCAL IMPACT There is no fiscal impact to the City’s general fund because this agreement will be funded through the City’s Homeless Housing, Assistance, and Prevention HHAP allocations from the State of California. Attachment: -Agreement with Marjaree Mason Center City of Fresno Printed on 7/18/2023Page 2 of 2 powered by Legistar™ ALL-B GSP Agt Total Fee (03-2022) -1- SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT is made and entered into, effective on July 1, 2023, by and between the CITY OF FRESNO, a California municipal corporation (City), and Marjaree Mason Center, a California non-profit Corporation (Service Provider). RECITALS WHEREAS, City desires to obtain professional homeless family emergency shelter services at The Marjaree Mason Center located at 1600 M Street (Project); and WHEREAS, Service Provider is engaged in the business of furnishing homeless family emergency shelter services. The agreement will be to operate 12 shelter beds and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Service Provider acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107; and WHEREAS, this Agreement will be administered for City by its Planning Development Director (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. Service Provider 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. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through June 30, 2024, subject to any earlier termination in accordance with this Agreement. The Parties may extend this Agreement for up to one year, subject to a written agreement approved by the City Council. The services of Service Provider as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3. Compensation. (a) Service Provider’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $110,167.00, paid on the basis of the rates set forth herein or in the schedule of fees and expenses contained in Exhibit A. Such fee includes all expenses incurred by Service Provider in performance of the services. (b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business. ALL-B GSP Agt Total Fee (03-2022) -2- 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) Service Provider agrees to render actual monthly income and expense reports relating to the management and operation of the Property in Service Provider’s standard format approved by City on the fifteenth (15th) calendar day after the expiration of each calendar month, and an annual income and expense report in Service Provider’s standard format approved of by City, within forty-five (45) days after the expiration of each calendar year. At City’s election (to be exercised by prior written notice to Service Provider), Service Provider shall deliver, concurrently with the delivery of each monthly income and expense report, copies of checks evidencing payments and collections and supporting invoices, internal allocations, and other back-up data as may be reasonably requested for the expenses and disbursements shown on the previous month’s income expense report. (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 include an adjustment to Service Provider’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. Service Provider 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 City to Service Provider upon the earlier of : (i) Service Provider’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Service Provider; (ii) seven calendar days’ prior written notice with or without cause by City to Service Provider; (iii) 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, Service Provider 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 Service Provider that are owned by City. Subject to the terms of this Agreement, Service Provider shall be paid compensation for services satisfactorily performed prior to the effective date of termination. Service Provider 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 Service Provider 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 ALL-B GSP Agt Total Fee (03-2022) -3- 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 Service Provider, 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 Service Provider, 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 City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) Service Provider shall provide City with adequate written assurances of future performance, upon Administrator’s request, in the event Service Provider fails to comply with any terms or conditions of this Agreement. (f) Service Provider shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Service Provider and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Service Provider 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 Service Provider pursuant to this Agreement shall not be made available to any individual or organization by Service Provider without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Service Provider 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. All Confidential Information shall be and remain confidential and proprietary in City. (b) Any and all writings and documents prepared or provided by Service Provider 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. Service Provider shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. ALL-B GSP Agt Total Fee (03-2022) -4- (c) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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. Level of Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Service Provider represents to City that Service Provider and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Service Provider and its subcontractors, if any, to do and perform such services in a skillful manner and Service Provider agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by City shall not operate as a release of Service Provider or any subcontractors from said industry and professional standards. 7. Indemnification. To the furthest extent allowed by law, Service Provider 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), 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 Service Provider, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, Service Provider 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 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 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. ALL-B GSP Agt Total Fee (03-2022) -5- (b) If at any time during the life of the Agreement or any extension, Service Provider 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 Service Provider 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 Service Provider of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Service Provider shall not be deemed to release or diminish the liability of Service Provider, 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 Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Service Provider, its principals, officers, agents, employees, or persons under the supervision of Service Provider, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. 9. Conflict of Interest and Non-Solicitation. (a) Prior to City’s execution of this Agreement, Service Provider 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, Service Provider shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Service Provider in such statement. (b) Service Provider 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 time, upon written request of City, Service Provider shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Service Provider and the respective subcontractor(s) are in full compliance with all laws and regulations. Service Provider shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon ALL-B GSP Agt Total Fee (03-2022) -6- discovery of any facts giving rise to the appearance of a conflict of interest, Service Provider shall immediately notify City of these facts in writing. (c) In performing the work or services to be provided hereunder, Service Provider 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) Service Provider 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) Service Provider 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. Notwithstanding any approval given by the City Manager under this provision, Service Provider shall remain responsible for complying with Section 9(a), above. (f) If Service Provider should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Service Provider 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 Service Provider 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, Service Provider at its sole cost and expense shall: (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 paragraph (i) above and the ongoing maintenance thereof. 11. 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. ALL-B GSP Agt Total Fee (03-2022) -7- (b) Records of Service Provider’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of seven years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Service Provider pertaining to the Project 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 Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by City, Service Provider shall have provided evidence to City that Service Provider is licensed to perform the services called for by this Agreement (or that no license is required). If Service Provider should subcontract all or any portion of the work or services to be performed under this Agreement, Service Provider shall require each subcontractor to provide evidence to 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, Service Provider 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, Service Provider agrees as follows: (a) Service Provider 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) Service Provider 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. Service Provider 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 ALL-B GSP Agt Total Fee (03-2022) -8- 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 Service Provider’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. Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) Service Provider will, in all solicitations or advertisements for employees placed by or on behalf of Service Provider 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) Service Provider 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 Service Provider’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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, Service Provider is acting solely as an independent contractor. Neither Service Provider, 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 Service Provider shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Service Provider is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between Service Provider and City. Service Provider shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Service Provider shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, Service Provider and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. Service Provider shall be solely liable and responsible for all payroll and tax ALL-B GSP Agt Total Fee (03-2022) -9- 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, Service Provider shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Service Provider’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, Service Provider may be providing services to others unrelated to City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. 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 Service Provider and there shall be no assignment by Service Provider of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Service Provider, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) Service Provider hereby agrees not to assign the payment of any monies due Service Provider 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 Service Provider directly to Service Provider. 17. Compliance With Law. In providing the services required under this Agreement, Service Provider 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. ALL-B GSP Agt Total Fee (03-2022) -10- 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. 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. ALL-B GSP Agt Total Fee (03-2022) -11- 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 City and Service Provider. 29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] ALL-B GSP Agt Total Fee (03-2022) -12- 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: Tracy N. Parvanian Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy Addresses: CITY: City of Fresno Attention: Joe Pasillas, Housing and Neighborhood Revitalization Manager 2600 Fresno Street, CH3N Fresno, CA 93721 Phone: (559) 621-8053 FAX: (559) [#] MARJAREE MASON CENTER, A California non-profit corporation 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) Service Provider: Marjaree Mason Center, Inc Attention: Nicole Linder Address: 1600 M Street Fresno CA 93721 Phone: 559-237-4706 Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form #! " ! Page 1 of 11 EXHIBIT A SCOPE OF SERVICES Service Agreement between City of Fresno and Marjaree Mason Center PROGRAM DESCRIPTION Marjaree Mason Center is proposing to set aside two rooms including 12 beds in the Fresno Safe House to provide emergency shelter and critical support services to survivors of domestic violence. Services will be provided by two Residential Advocates who will be assigned to this project and are stationed in the safe house and available to provide 24/7 support. Clients are provided with caring and sensitive support from the moment they make contact with the agency up to the point when they attain a safe exit from the Triage Center. This approach to supporting survivors of domestic violence is essential in their road to recovery and provides vital support while they transition from homelessness to stability. The proposed program design detailed below explains the process, eligibility and prioritization. The Marjaree Mason Center currently operates the emergency shelter and all the staff necessary to provide Triage services, therefore, there is no start-up time required to carry out the requested services. TARGET POPULATIONS Below are eligibility criteria for program services through the Marjaree Mason Center: x Anyone fleeing domestic violence x Victim who is homeless and/or at risk of homelessness, without alternative living resources (known as fleeing domestic violence). x Abuser is a current or ex-intimate partner (include same sex partner). The Marjaree Mason Center’s public administrative building, located at 1600 M Street, is an access point for homeless individuals and families. Individuals and families are often transported to the administration building by law enforcement, dropped off by family or friends or walk in on their own. Referrals from the Fresno Madera Continuum of Care (FMCoC) will also be accepted for assessment. In many cases men, women and children arrive at the Center with little more than the clothes on their backs. Marjaree Mason Center’s Team is available 24 hours a day, 7 days a week to assist clients, facilitate assessments and provide information and referrals for services. MMC practices a “no wrong door” approach to offering services to ensure that everyone who comes to the agency is provided with services that meet their specific needs whether they are fleeing domestic violence or not. Upon arriving at the administrative office, clients are escorted to a comfortable, confidential, and quiet room. Within a couple of minutes, a Crisis Response Team member meets with clients and administers an assessment to determine their level of safety, eligibility for services and prioritization. During the assessment, the client and advocate talk through what brought them to the Center and their current situation. Crisis Page 2 of 11 Response Team Members keep the conversation from feeling like an integration, and rather use a supportive tone of voice. If domestic violence is present, the Crisis Response Team Member asks questions to assess severity and immediate safety needs. These needs vary. Some clients will need safe housing and a restraining order due to ongoing threats and fear and others may need new locks on their house doors and referrals to services. Identifying needs can help advocates make the most appropriate referrals. In addition to the assessment, a domestic violence lethality assessment and Homeless Management Information System (HMIS) application to assess risk and prioritization for homelessness and homicide or severe re-assault. If a client is eligible for program services, they will be referred and transported to our shelter and will complete a VI- SPDAT with a Residential Client Service Advocate within 24 hours of entry. Due to re-traumatization, the Crisis Response Teamwork from a client center approach – taking a non-authoritative approach, allowing clients to lead the discussion, and offering numerous breaks to decompress. On average, crisis assessments take approximately an hour and a half to complete. By the end of the assessment, clients – whether they are fleeing domestic violence or not – will receive information and recommendations for appropriate services and referrals to meet their immediate needs. For those who are not fleeing domestic violence, a Crisis Response Team Member will complete a homeless verification form with the client and connect them to the most appropriate local agencies. With proper releases, Marjaree Mason Center’s Crisis Response Team can personally connect the client over the phone or in-person to these agencies to ensure they receive the best care. COORDINATION OF SERVICES All triage and shelter services will be offered at Marjaree Mason Center’s 137 -bed safe house. In order to protect client safety and confidentiality, the location of the safe house cannot be shared. By California State law, it is a misdemeanor to reveal the location of a domestic violence shelter. The facility used as a triage center is a permanent structure – affixed to the ground and will remain on the land for the foreseeable future. The facility is 10,000+ square feet. The Marjaree Mason Center has control of the building for use as triage shelter. The facility is within walking distance to bus stops, which can quickly transport clients throughout Fresno. Clients are also offered bus passes/bus tokens for public transportation as needed. There are no necessary facility improvements to complete prior to the start of services. Clients have access to a wide variety of services offered within the agency. However, when a client has needs that lie outside of MMC’s scope of work, MMC staff work closely with local agencies to provide a warm hand off for additional support services. This includes obtaining appropriate confidentiality releases, providing supporting information and documentation to the referred to agency and remaining connected to clients while they engage in additional services. DATA COLLECTION The program will be a CES Access Site, creating an opportunity for each person accessing shelter to be entered into CES through the administration of the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT). Page 3 of 11 x Service Provider is required to collect and report client-level data in accordance with Housing and Urban Development (HUD) Office of Special Needs Assistance Programs (SNAPS) Homeless Management Information System (HMIS) Data Standards, to the local HMIS operated by the Housing Authorities of the City and County of Fresno through a Memorandum of Understanding with the Fresno Madera Continuum of Care or comparable databases are required for use by providers of services for victims of domestic violence, as described in the Violence Against Women Act (VAWA). Reporting into the HMIS database or allowed comparable database is a requirement of State funding. Service Provider reporting must be consistent in format and data element structure with the Fresno Housing Authority HMIS Program Policies and Procedures Manual and the HUD HMIS Data Standards and Data Dictionary current at the execution of this Agreement. The comparable database will be maintained by the Service Provider and used to collect data and report on outputs and outcomes as required by HUD. TRIAGE CENTER Marjaree Mason Center will provide 24-hour emergency shelter services to adults experiencing homelessness, as well as their partners and pets, with low-barrier access to individual accommodations with on-site, housing-focused services including diversion, housing placement, connection to community resources, and stabilization of health issues. PROGRAM SERVICES AND DESIGN Marjaree Mason Center will utilize a housing first approach to emergency shelter and providing services to guests. If a family fleeing domestic violence is identified as eligible for supportive housing services, they will be referred and transported to one of Marjaree Mason centers shelters, where they complete a VI=SPDAT with a Residential Client Service Advocate within 24 hours of entry. 12 shelter beds will be provided for those in need of emergency shelter. Immediately upon entering triage services, a client is connected with a case manager. The first case management session occurs within 72 hours of entry to program. Case management consists of five parts: assessment, treatment, planning, linking, advocacy, and monitoring. During the first case management meeting, client needs and barriers to safety and housing are assessed. A case plan with short-and long-term goals is developed – with safe permanent housing being the goal for families. With proper releases, the case manager makes appropriate Marjaree Mason Center and other local referrals. This would include counseling, legal assistance, job training, employment search, health care, etc. Case management sessions occur weekly. Every 30 days, the case plan is re-evaluated and modified by the client and case manager to promote success and progress towards a safe program exit. As the client approaches the maximum length of stay (90 days), the case manager will discuss potential “next steps” to attain a safe exit with the client. With proper releases from the client, the case manager will make referrals and connections on behalf of the client (i.e. housing providers, job Page 4 of 11 training, education, etc.). The case manager will also work with FMCoC Coordinated Entry System to identify available housing and service options for individuals and families. LOW-BARRIER HOUSING Marjaree Mason Center’s services are delivered using a client -centered approach that places client safety as the core focus of client case plans. Services do adhere to low- barrier shelter principles. If there are safety concerns, modifications are made to ensure that the agency provides the best services to victims fleeing domestic violence. The following is a list of policies and procedures that MMC currently uses to adhere to low- barrier best practices: x Pets: The Marjaree Mason Center does not have the capacity to board client’s pets on-site. Instead, we utilize alternative pet boarding options to maintain low-barrier standards; this includes collaborating with local pet service providers such as SHARP, who can provide shelter for pets while clients reside in MMC’s Safe House. The SHARP Network is a program of Central California Animal Disaster Team, which is a collaboration between domestic violence shelters, law enforcement agencies, animal welfare organizations and veterinarians to assist domestic violence clients with temporary housing options and care for their companion. The purpose of these partnerships is to encourage and support domestic violence survivors to leave their abusive relationship, take their pets with them, and obtain help. x Possessions: Many of our clients leave an abusive relationship with little to no more than the clothes on their back. However, the Marjaree Mason Center understands that some clients will bring possessions that they are emotionally attached to or need (i.e., ADA accessible items, medical items, photo albums or family heirlooms, or other personal possessions). Each client is provided with a personal room key to keep all belongings safe. Upon exiting a housing program, personal possessions can be held for up to 72 hours and with appropriate arrangements made, can be held longer than 72 hours (case-by-case basis). x Partners: Due to the nature of intimate partner violence, the Marjaree Mason Center will not simultaneously house survivors and their abusive partner at the same location. However, in the event there is a current non-abusive partner that is at risk, MMC can make exceptions to shelter partners together on a case-by-case basis. The Marjaree Mason Center will connect the survivor’s abusive partner to other services or community resources to promote safety and support, as needed. x Absences: Upon entering any safe housing program, clients provide advocates with an authorized emergency contact person in the event they do not return as scheduled; however, they may choose not to provide an authorized emergency contact. Clients may be absent for a maximum of 72 hours without contact and still retain their spot. Clients are encourage to contact Marjaree Mason Center if they plan to be gone for more than 24 hours. This is purely for safety reasons! If no contact is made with Marjaree Mason Center, advocates will try to call the client or may need to make contact with the authorized emergency contact. If a client is Page 5 of 11 absent for more than 72 hours without contact, they can still reach out to their case manager to be readmitted in the program. x Mental Health: A client’s mental health status does not determine eligibility in programs. In rare situations, if a client has mental health issues that could become dangerous to themselves or others, additional steps are taken to ensure the safety of the client and others. Additional steps can include additional referrals to local mental health service providers. If the client discusses mental health issues with their case manager, they will talk through possible alternatives for treatment. All decisions are made by the client. x Substance Use: Failing a drug test does not exclude a client from being eligible for programs. In rare situations, if a client’s substance use issues demonstrate they are a possible danger to themselves or others, alternative steps are taken to ensure the safety of the client and others. If the client discusses substance use with their case manager, they will talk through possible alternatives for treatment. All decisions are made by the client. Clients are not permitted to use or bring illicit substances in the Safe House; should an incident occur, MMC works directly with the client to resolve the issue; this can include a remedial measures plan. In rare circumstances, clients may be removed from the premises. x Children: MMC allows males and female dependents of adults. There is no age limit for dependents. There have been cases of adult dependents (living with the head of household) receiving shelter because the safety of the entire family is threatened. Each family has their own room with a personal key so they do not need to share personal space with others. x LGBTQ+: MMC offers safe housing services to everyone regardless of gender or sexual orientation. Men, women, trans-men, trans-women and gender non- conforming are housed in the same facility yet have a room to themselves. Clients are not expected to participate in services to maintain eligibility in the program. Case Managers let clients know of all available services at the Marjaree Mason Center as well as services at other local agencies that may fit an individual or family’s needs. Clients are encouraged to utilize services that they feel they will benefit from – however, they are not forced or mandated to participate. All guests will receive the program safety guidelines upon entry and a staff member will go over all policies with them and answer any questions. All reasonable efforts will be made to ensure the safety and security of other guests and staff when admitting guests that are intoxicated or exhibiting symptoms of serious mental illness. Use of harm reduction strategies configured shelter space to accommodate households with different service needs, and provide staff training on serving people using substances and/or with mental illness. People exhibiting behaviors that pose a serious danger to themselves or others may not be admitted. Shelter will be provided regardless of sexual orientation, marital status, or gender identification. The program will be low barrier with no requirements regarding income, sobriety, or compliance with mental health treatment, and minimal rules in place, with the majority of the rules pertaining to safety and security of guests. Guests may be absent for a maximum of seventy-two (72) hours without contact and still retain their spot. Page 6 of 11 Guests will be registered and agree to the services provided. Staff will prescreen guests for potential Diversion services and if deemed eligible, refer immediately to a Diversion program staff. Self-referrals will be accepted, FMCoC CES referrals and where appropriate, Law Enforcement referrals. Clients referred to Marjaree Mason Center by FMCoC CES will be accepted if vacancies are available. Marjaree Mason Center will meet all of the minimum requirements for a Coordinated Entry assessment site, including: 1. Having at least one (1) staff trained authorized to both use HMIS or comparable database as required of State funding and conduct the assessment; 2. Adhering to CES policies and procedures for conducting assessments and communicating about coordinated entry; and 3. Providing referrals to other community services and resources, as appropriate, upon completion of the standardized assessment. Marjaree Mason Center will be staffed 24 hours a day, 7 days a week and will maintain a minimum staffing ratio of 1 staff to 20 guests for daytime hours. Marjaree Mason Center will provide the following services: 1. Emergency Shelter: Marjaree Mason Center will operate 12 emergency shelter beds at a single location for anyone fleeing domestic violence experiencing homelessness in City of Fresno. Basic shelter services provided include meals. The target length of stay will be 90 days, however, due to the housing shortages in the community, Marajaree Mason Center may approve an extension up to 120 days with written notification to the City within seven (7) days of extension approval. 2. Case Management: Marjaree Mason Center will provide intensive case management services that focus on helping participants develop a housing plan and overcome barriers to attaining permanent housing. Participants that have been connected to a permanent housing intervention will be referred to a Bridge Housing program to prepare to enter permanent housing. 3. Housing Search and Placement: Marjaree Mason Center will provide services and activities necessary to assist program participants in locating, obtaining, and retaining safe permanent housing. 4. Diversion Pre-Screening: Marjaree Mason Center will assess all people who are present for homeless services at Marjaree Mason Center for potential Diversion services. 5. Stabilizing Health Intervention: Marjaree Mason Center will provide services for stabilization of client health issues, including substance use and mental health disorders. STAFFING Page 7 of 11 All staff have completed California Certified 40-hour Domestic Violence Counselor Training, as well as various supplemental agency staff trainings and community trainings to enhance service delivery and cultural responsiveness, including Trauma Informed Care training. The Marjaree Mason Center housing program staff have also attended Homeless Management Information System (HMIS) and Vulnerability Index – Service Prioritization Decision Assistance Tool (VI-SPDAT) trainings. Select housing managers are also active in the Fresno/Madera Continuum of Care Coordinated Entry System (CES) committee. In the event that we need to add additional staff, MMC has cross-trained direct services staff so that gaps can be filled as needed. MARJAREE MASON CENTER staffing as follows: 2 FTE Residential Client Services Advocate PERSONNEL DETAIL 2 FTE Residential Client Services Advocate. The Residential Team Member will address client needs at the Emergency Shelter; assessing clients for entrance into the Emergency shelter; assisting clients in adherence to program guidelines; providing peer counseling; working with clients to ensure a safe, secure, healthy shelter environment. MARJAREE MASON CENTER will be staffed 24-hours a day and guests will not be required to leave the facility for any portion of the day. REFERRAL AND ASSESSMENT Referrals will come from self-referrals, the Coordinated Entry System (CES), Fresno Madera Continuum of Care (FMCoD), or law enforcement, with priority given to CES referrals. In the event the number of referrals exceeds the number of available beds, every effort will be made to transport those that cannot be accommodated to another funded triage center or emergency shelter in the community. If there are no other triage center or emergency shelter beds available, referrals will be prioritized similarly to the criteria used by CES. If available, VI-SPDAT score, length of homelessness and any medical condition or equipment requiring immediate access to shelter will all be considered to determine how to prioritize referrals if there are not enough available beds. Anyone who cannot be accommodated will be encouraged to follow up the following day so that it can be determined if Marjaree Mason Center or another community program can provide shelter. Marjaree Mason Center will assess each referral for eligibility upon arrival. The following criteria will be used to determine eligibility for client entry: x All guests must meet the HUD definition of literal homelessness by most recently residing in a place not meant for human habitation. x All guests will receive a pre-screening for diversion services to determine if diversion is a more appropriate intervention. Anyone deemed eligible for diversion services will be immediately referred to the funded Diversion Services provider. Page 8 of 11 x Anyone exhibiting behavior that threatens the safety of themselves or others will not be admitted. In the event that someone is in need of an ambulance or assessment for medical or mental health emergency intervention, Marjaree Mason Center staff will call emergency services on their behalf. x Upon determination of program eligibility, all guests will be registered and will sign a participation agreement that outlines the program policies and their agreement to the services provided by Marjaree Mason Center. x Each guest will be allowed one pet, which will be either housed in a kennel on the property or with them in their room, depending on guest composition at the time. There will be adequate space to accommodate pets either outside or within the facility. PERFORMANCE GOALS/OUTCOMES Marjaree Mason Center is proposing to prevent the harmful effects of homelessness for families fleeing domestic violence by: (1) Identifying safety needs and providing immediate, confidential shelter families fleeing domestic violence, and (2) providing essential supportive services to families affected by domestic violence so they can move towards securing stability and permanent housing. Funding awarded through this program will support two rooms located in Marjaree Mason Center’s Fresno Safe house which will be allocated/designated for this proposed program. 10 families (including 25 adults and children) fleeing domestic violence will be provided crisis support/assessment/coordination, emergency shelter, and supportive services. The following include the proposed outcomes for services through this program during the funding period: x 10 families will complete crisis assessment to access housing and supportive service needs. x 80% of adults and children will be connected to a safe exit from the program (I.e., rental with or without subsidy, permanent shared living arrangement with family or friends, bridge or transitional housing, or other emergency shelter housing programs, drug treatment facility, or psychiatric treatment facility, etc). x 12 individuals (6 Adults and 6 Children) will exit the project to permanent housing. x 7 Adults and children will be referred to local Bridge housing services. x 75% of families will self-report (in exit surveys) that project services met their needs, staff treated them with dignity and respect, and they know more way to plan for their safety/access community resources. x 90% bed occupancy rate; 10 % bed availability rate x Within 90 days of entry, clients will become permanently housed or attain a safe exit. Marjaree Mason Center collects client data using the agency’s secure database Apricot Social Solutions. Once connected to MMC, each client is assigned a unique profile in Apricot where a variety of information is collected including (but not limited to): demographics, service utilization, referrals, assessments and program participation. Staff Page 9 of 11 members collect data using iPads and update client profiles daily. Reports can be easily generated in real time. In order to ensure contract compliance and monitor agency programs, MMC’s Data Analyst routinely pulls and analyzes reports which are disseminated to leaders monthly for review. The reports are then used to determine program successes and identify any gaps that may be present. If gaps are identified, additional information is collected, and programmatic adjustments can be made. Upon exiting the Fresno Safe House program, clients have the opportunity to complete surveys evaluating the services they or their family received. These surveys are regularly reviewed by MMC’s leadership team and are used to measure program effectiveness, make informed programming decisions, and improve project management. OTHER REQUIREMENTS REPORTING x MARJAREE MASON CENTER will provide a client census, including unique client ID, client demographic data, date of program entry and exit, and exit destinations on a monthly basis. x MARJAREE MASON CENTER will provide a cumulative program performance report on a quarterly basis, beginning October 1, 2023. x MARJAREE MASON CENTER will provide a bi-annual report on client housing stability, reflecting whether clients that exited to permanent housing remain housed after 6 months. Data may be drawn from HMIS or collected from the clients directly. MEETINGS Service Provider shall meet with City not less than quarterly to discuss the status of the management, operation, and service coordination of the Property and Project (Meetings). It is agreed that Meetings may be conducted via a digital platform, unless otherwise requested by City. Upon the request of the City and upon reasonable advance written notice, Service Provider shall arrange to meet City and or City’s Representative at the Property. BUDGET DETAILS Marjaree Mason Center Family Services Budget Summary: 100. Salaries $83,062.00 150. Payroll Taxes $ 6,354.00 200. Benefits $ 8,020.00 400. Insurance $ 3,322.00 450. Communication $ 672.00 550. Equipment $ 360.00 650. Program Supplies $ 200.00 850. Utilities $ 1,740.00 900. Maintenance $ 1,200.00 1100. Indirect Costs $ 5,237.00 Grand Total $ 110,167.00 Page 10 of 11 A. Salaries (100) Residential Client Services Advocate: 2 FTE @ $3,460.92/month x 12 months = $83,062 The Residential Team Member will address client needs at the Emergency Shelter; assessing clients for entrance into the Emergency Shelter; assisting clients in adherence to program guidelines; providing peer counseling; working with clients to ensure a safe, secure, healthy shelter environment. Total Salaries: $83,062 B: Payroll Taxes (150) - 7.65% x $83,062 = $6,354 C: Health Insurance (200) – 9.655% x $83,032 = $8,020 Total Salaries and Benefits: $97,436 D. Insurance (0400) – Workers’ compensation Insurance ($83,062 x 4%) $3,322 E. Communication (0450) $672 Partial monthly telephone and internet expenses ($56/month x 12 months) F. Equipment (0550) – Partial Costs of Copiers and Printer Leases for Fresno Shelter. ($30/month x 12 months) $360 H. Program Supplies (0650) Program supplies include cleaning supplies, paper goods, laundry supplies, bedding and personal care items used at the Emergency Safe House. $16.67/month x 12 months. $200 I. Utilities (0850) Monthly utility charges including electricity, gas, water. $145/month x 12 months $ 1,740 J. Maintenance (0900) Minor repairs and maintenance of shelter. $100/month x 12 months $1,200 K. Indirect Costs (1100) Include personnel expenses that do not work directly with clients on a consistent basis. $436.42/month x 12 months (5% of direct costs) $5,237 Page 1 of 5 EXHIBIT B INSURANCE REQUIREMENTS Service Agreement between City of Fresno (City) and TURING POINT OF CENTRAL CALIFORNIA (Service Provider) 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 ISO 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 (Abuse & Molestation) Insurance that insures against liability arising out of the bodily injury, personal injury, and third-party property damage occurring because of the wrongful or negligent acts attributable to the institution. This coverage should protect against a wide range of potential claims, including but not limited to athletics, alcohol, assault, verbal or physical abuse, campus crime, sexual molestation and other sexual misconducts. MINIMUM LIMITS OF INSURANCE SERVICE PROVIDER, or any party the SERVICE PROVIDER subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named 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; Page 2 of 5 (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. 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 (Abuse & Molestation): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event SERVICE PROVIDER 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 SERVICE PROVIDER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SERVICE PROVIDER 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 his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or (ii) SERVICE PROVIDER shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. Page 3 of 5 OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. SERVICE PROVIDER shall establish additional insured status for the City and for all operations by use of ISO Form CG 20 10 04 13 or CG 20 26 04 13 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 04 13 or CG 20 26 04 13. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, SERVICE PROVIDER’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 SERVICE PROVIDER’S insurance and shall not contribute with it. SERVICE PROVIDER 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. 4. 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 is to contain, or be endorsed to contain, the following provision: SERVICE PROVIDER and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Professional Liability (Abuse & Molestration) 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 SERVICE PROVIDER. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 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 SERVICE PROVIDER, Page 4 of 5 SERVICE PROVIDER must purchase “extended reporting” coverage for a minimum of five (5) 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 CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. SERVICE PROVIDER 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, SERVICE PROVIDER 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, SERVICE PROVIDER 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. 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 SERVICE PROVIDER shall not be deemed to release or diminish the liability of SERVICE PROVIDER, 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 SERVICE PROVIDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SERVICE PROVIDER, its principals, officers, agents, employees, persons under the supervision of SERVICE PROVIDER, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE SERVICE PROVIDER shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, SERVICE PROVIDER shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. Page 5 of 5 SUBCONTRACTORS - If SERVICE PROVIDER subcontracts any or all of the services to be performed under this Agreement, SERVICE PROVIDER shall require, at the discretion of the CITY 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 CITY Risk Manager or designee. If no Side Agreement is required, SERVICE PROVIDER will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-286 Agenda Date:6/29/2023 Agenda #: 1.-M. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning & Development Department BY:PHILIP SKEI, Assistant Director Planning & Development Department SUBJECT Actions pertaining to an Amended and Restated Agreement for Option to Purchase 959 N. Parkway Drive (District 3): 1. ***RESOLUTION - Finding good cause and clear and convincing benefit to the public to allow a purchase option on subject property for more than five years without a request for proposal process, allow close of escrow on the subject property to extend beyond 12 months of council approval, and allow the removal of a reverter clause; and finding substantial community benefits to justify a sales price less than fair market value pursuant to Fresno Municipal Code section 4-204 relating to the disposition of real property commonly known as 959 N. Parkway Drive, Fresno, CA (APN 449-324-11) (Requires 5 affirmative votes) (Subject to Mayor’s veto) 2. Approve the Amended and Restated Agreement for Option to Purchase 959 N. Parkway Drive between the City of Fresno and Fresno Housing Authority in the amount of $1,000 RECOMMENDATION Staff recommends City Council approve a resolution finding good cause and clear and convincing benefit to the public to allow a purchase option on subject property for more than five years without a request for proposal process, allow close of escrow on the subject property to extend beyond 12 months of council approval, and allow the removal of a reverter clause; and finding substantial community benefits to justify a sales price less than fair market value pursuant to Fresno Municipal Code section 4-204 relating to the disposition of real property commonly known as 959 N. Parkway Drive; approve the Amended and Restated Agreement for Purchase Option of 959 N. Parkway Drive (Amended and Restated Option Agreement); and authorize the City Manager, or her designee, to sign all documents necessary to effectuate the Amended and Restated Option Agreement. EXECUTIVE SUMMARY Fresno Housing Authority (FHA) entered into a Purchase Agreement with the owner of 959 N. Parkway Drive on February 27, 2021. City Council approved an Assignment of Purchase Agreement with FHA for the City’s acquisition of 959 N. Parkway Drive on December 9, 2021, which included the form of an Agreement for Option to Purchase 959 N. Parkway Drive with FHA (Option Agreement). The Option Agreement presented to Council on December 9, 2021, erroneously included FHA’s City of Fresno Printed on 7/18/2023Page 1 of 3 powered by Legistar™ 6/29/2023 MA/MK 7-0 R. 2023-196 File #:ID 23-286 Agenda Date:6/29/2023 Agenda #: 1.-M. The Option Agreement presented to Council on December 9,2021,erroneously included FHA’s original Purchase Agreement in the amount of $3,234,000 with the former owner as Exhibit B,rather than the intended Agreement for Purchase and Sale in the amount of $1,000,prepared by the City for future use if/when FHA chose to exercise the Option Agreement.The parties are seeking authority to execute and record the Amended and Restated Option Agreement with the revised purchase price of $1,000. The Option Window for FHA to exercise an exclusive option to purchase the Property begins on December 15,2024,which represents three years after the City’s close of escrow on the Property, and expires on December 15,2036,which represents 12 years after the City’s close of escrow on the Property, unless the Option Window is extended by the parties. In order for the Amended and Restated Option Agreement to be legally valid,Council,by a supermajority vote of at least five votes,must approve the Resolution authorizing deviations from FMC section 4-204 pertaining to the disposition of real property.City and FHA shall comply with all applicable requirements of the Surplus Land Act upon FHA’s notice of exercising the Amended and Restated Option Agreement. BACKGROUND FHA entered into an Agreement for the Purchase and Sale of 959 N.Parkway Drive with the property owner on February 27,2021,for the purchase price of $3,234,000,then agreed to assign the Purchase and Sale Agreement to the City.On December 9,2021,Council approved an Assignment of Purchase and Sale Agreement for 959 N.Parkway Drive with the Housing Authority for the acquisition of 959 N.Parkway Drive,in consideration for one dollar ($1.00),and reimbursement expenses in the amount of $29,245,comprised of $20,000 for the initial escrow deposit,and $9,245 in due diligence expenses for an Appraisal Report and Phase 1 Environmental Assessment.Council also approved the form of an Option Agreement conditioned upon FHA’s use of the property for the sole and exclusive purpose of developing permanent affordable and/or mixed-income housing. The terms of the Option Agreement included an Agreement for Purchase and Sale of Real Property attached as an exhibit.In error,the Purchase and Sale Agreement between the Housing Authority and former property owner for the amount of $3,234,000 was attached to the Option Agreement as Exhibit B, rather than staff’s Purchase and Sale Agreement for $1,000. The Amended and Restated Option Agreement correctly represents the City and FHA’s intent for the Option Agreement.If approved by Council,the parties will execute and record the Amended and Restated Option Agreement with the revised purchase price of $1,000.Thereafter,FHA will have until December 15,2036,to exercise the Amended and Restated Option Agreement for the sole and exclusive purpose of developing permanent affordable and/or mixed-income housing. In order for the Amended and Restated Option Agreement to be legally valid,Council,by a supermajority vote of at least five votes,must approve the Resolution authorizing deviations from FMC section 4-204 pertaining to the disposition of real property.City and FHA shall comply with all applicable requirements of the Surplus Land Act upon FHA’s notice of exercising the Amended and Restated Option Agreement.The City Attorney has reviewed and approved the Amended and Restated Option Agreement and Resolution as to form. City of Fresno Printed on 7/18/2023Page 2 of 3 powered by Legistar™ File #:ID 23-286 Agenda Date:6/29/2023 Agenda #: 1.-M. ENVIRONMENTAL FINDINGS Staff previously performed a preliminary environmental assessment of this Project and determined it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301/Class 1 (existing facilities)which exempts projects involving a negligible or no expansion of an existing facility.This exemption applies because this project involves the purchase of Parkway Inn without expansion of the facility.Staff determined under the CEQA Guidelines this project fits within the definition of existing facilities in Section 15301/Class 1, 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 is not applicable because of State funding. FISCAL IMPACT There is no impact on the City’s General Fund as a result of this action. Attachments: -Amended and Restated Option Agreement -Resolution FMC 4-204 City of Fresno Printed on 7/18/2023Page 3 of 3 powered by Legistar™ RESOLUTION NO. ____ _ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, FINDING GOOD CAUSE AND CLEAR AND CONVINCING BENEFIT TO THE PUBLIC TO ALLOW A PURCHASE OPTION ON SUBJECT PROPERTY FOR MORE THAN FIVE YEARS WITHOUT A REQUEST FOR PROPOSAL PROCESS, ALLOW CLOSE OF ESCROW ON THE SUBJECT PROPE RTY TO EXTEND BEYOND 12 MONTHS OF COUNCIL APPROVAL, AND ALLOW THE REMOVAL OF A REVERTER CLAUSE; AND FINDING SUBSTANTIAL COMMUNITY BENEFITS TO JUSTIFY A SALES PRICE LESS THAN FAIR MARKET VALUE PURSUANT TO FRESNO MUNICIPAL CODE SECTION 4- 204 RELATING TO THE DISPOSITION OF REAL PROPERTY COMMONLY KNOWN AS 959 N. PARKWAY DRIVE, FRESNO, CA (APN 449-324-11) WHEREAS, the City of Fresno (City) owns a sixty-five-room facility located at 959 N.Parkway Drive, Fresno, California, (APN 449-324-11) (Subject Property) to be used as emergency temporary housing until it can be disposed of and developed for permanent affordable and/or mixed income housing; and WHEREAS, the City acquired the Subject Property by Assignment of a Purchase and Sale Agreement between the owner and the Fresno Housing Authority (FHA) for a purchase price of $3,234,000 which was later appraised by Gregg J. Palmer of James G. Palmer Appraisals Inc., in May 2021, with a total appraised value of $4,000,000; and WHEREAS, in order to address the City's critical interest in encouraging the development of permanent affordable housing, the City determined Fresno Housing Authority (FHA) would be granted a Purchase Option on the Subject Property in the amount of $1,000 for the sole purpose of developing permanent affordable and/or mixed income housing that may be exercised within a twelve-year period, starting three years 1 of 4 Date Adopted: Date Approved: (f;: Effective Date: City Attorney Approval: 1'I'\ ) Resolution No. ---- after the City's close of escrow on the Subject Property; and WHEREAS, the price is justified and would provide substantial community benefits by the development of additional affordable and/or mixed income housing; and WHEREAS, the City has a significant interest in facilitating affordable and/or mixed income housing developments whenever possible; and WHEREAS, there have been challenges over the years to the community and to the City in revitalizing Parkway Drive; and WHEREAS, FHA is the community's most experienced and highest capacity developer of affordable housing and shares the City's objective to provide affordable housing; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1.The Council hereby makes the following findings to vary from the provisions contained within FMC 4-204 in the event FHA chooses to exercise its Purchase Option. 2.The Council hereby makes findings that there is good cause and clear and convincing benefit to the public to allow FHA's Purchase Option involving the Subject Property for a period exceeding five years without a Request for Proposal process, pursuant to FMC 4-204(a). 3.The Council hereby makes findings that there is good cause and clear and convincing benefit to the public to allow close of escrow on the Option Agreement to extend beyond 12 months from the date of Council approval, pursuant to FMC 4- 204(d)(1 ). 2 of 4 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1011 Agenda Date:6/29/2023 Agenda #: 1.-N. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department PHIL SKEI, Assistant Director Planning and Development Department BY:JILLIAN GAYTAN, Sr Management Analyst Homeless Services Division SUBJECT Approve agreement with Mental Health Systems to operate the Fresno HOME as a low-barrier emergency homeless shelter for a total amount of $1,449,183.89. RECOMMENDATION Staff recommends the City Council approve the Homeless Housing, Assistance, and Prevention (HHAP) agreement with Mental Health Systems (MHS) to operate Fresno HOME as an emergency shelter and authorize the City Manager to sign all implementing agreements. EXECUTIVE SUMMARY The City of Fresno (City) is seeking to award funding for emergency shelter operations and service coordination as part of the HHAP program requirements. Staff issued a Notice of Funding Availability (NOFA) on May 9, 2023 and received two responses, both were determined to be qualified and responsive to the NOFA. Based on the evaluation completed by a selection panel, staff recommends awarding Mental Health Systems a one-year agreement totaling $1,449,183.89 for shelter operations and coordination of services at Fresno HOME. BACKGROUND On June 24, 2021, City Council approved an Emergency Solutions-Coronavirus (ESG-CV) agreement with MHS to operate Fresno HOME as a low-barrier emergency homeless shelter through September 30, 2022 in an amount of $1,620,339.50. The Fresno HOME (formerly The Hacienda) provides 50 additional emergency shelter beds and supportive services. Mental Health System, Inc. provides Triage Center Emergency Shelter services, including 24-hour emergency shelter that offers low-barrier access to dormitory or private accommodations with on-site, housing-focused services including diversion pre-screening, case management, housing search and placement, connection to community resources, and stabilization of health issues. The Triage Center provides a safe, City of Fresno Printed on 7/18/2023Page 1 of 2 powered by Legistar™ 06/29/2023 MA/NE 7-0 APPROVED ON CONSENT File #:ID 23-1011 Agenda Date:6/29/2023 Agenda #: 1.-N. community resources,and stabilization of health issues.The Triage Center provides a safe, supportive environment where residents are provided with wraparound services to obtain permanent housing by rebuilding their support network and addressing the issues that led to homelessness. On September 29,2022,City Council approved an agreement with MHS to continue to operate the Fresno HOME as a low-barrier emergency homeless shelter in the total amount of $981,908.68 using Homeless Housing Assistance and Prevention (HHAP). On May 9,2023,staff issued a NOFA soliciting proposals to provide triage center and/or emergency shelter operations at non-City-owned facilities.The request was to fund small facilities with no more than 25 rooms for a one (1)year Contract with one (1)possible one (1)year extension.MHS responded by the deadline,and staff determined the proposal to be complete and responsive.If approved,MHS would utilize HHAP funds to continue to provide small-facility,non-congregate emergency shelter beds to house homeless individuals within the City of Fresno. The proposed HHAP agreement with Mental Health Services would result in continued homeless shelter operations at the Fresno HOME,providing 50 emergency shelter beds through June 30, 2024. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference is not applicable because of the use of state funds. FISCAL IMPACT There is no fiscal impact to the City’s general fund because this agreement will be funded through the City’s Homeless Housing, Assistance, and Prevention HHAP allocations from the State of California. Attachment: -Agreement with Mental Health Systems City of Fresno Printed on 7/18/2023Page 2 of 2 powered by Legistar™ DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A Tracey McDermott Wendy Broughton Chief Operation Officer Chief Financial Officer DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A 6/13/2023 DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A DocuSign Envelope ID: EA350161-7B67-4782-92FD-B5D692FDC20A Wendy Broughton X X 9465 Farnham St. X X MHS dba TURN BHS X X 6/9/2023 San Diego, CA 92123 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-951 Agenda Date:6/29/2023 Agenda #: 1.-O. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department THROUGH:SOPHIA PAGOULATOS, Planning Manager Planning and Development Department BY: CASEY LAUDERDALE, Supervising Planner Planning and Development Department SUBJECT Approve an amendment to the consultant services agreement with Wallace, Roberts, and Todd, LLC., for professional planning and environmental analysis services related to the update of the Tower District Specific Plan in the amount of $170,590. RECOMMENDATION Staff recommends approval of a first amendment to a consultant services agreement with Wallace, Roberts, and Todd, LLC. (WRT) for professional planning and environmental analysis services related to the update of the Tower District Specific Plan (TDSP). EXECUTIVE SUMMARY On April 28, 2022, the City Council unanimously voted to enter a contract with WRT for services relating to the TDSP update for an amount of $400,000. Through the initial work on the update, additional needed services were identified and require an amendment to the existing contract. These services include the creation of consistent regulations for entertainment uses, an update of Tower design guidelines, analysis of housing capacity impacts, and the production of a comprehensive plan document. BACKGROUND The TDSP was adopted in 1991 after an extensive community-driven process. The plan was created after community members from the Tower District expressed a desire to establish a clear vision for future development in the Tower District. The TDSP was an instrumental planning document when it was created and crafted a clear vision for the neighborhood. The plan area has undergone many changes since its creation, and the community has again expressed the need to recast a vision and City of Fresno Printed on 7/18/2023Page 1 of 3 powered by Legistar™ 6/29/2023 MA/NE 4-0 MA, NE, AP RECUSE APPROVED ON CONSENT File #:ID 23-951 Agenda Date:6/29/2023 Agenda #: 1.-O. set forth clear implementation measures to allow the vision to become a reality. On April 28,2022,the City Council approved a contract with WRT to provide professional planning and environmental analysis services to assist staff in completing the TDSP update. Since that time and through initial work and outreach on the TDSP update,a need for an enhanced scope of services been identified. This enhanced scope will include the following tasks: 1.Tower District Entertainment Regulations:This task is for the creation of consistent regulations for entertainment and late-night uses in the Plan Area.Work performed under this task will include meetings with stakeholders,review of existing rules and case studies leading to recommendations for the most effective mechanism of regulation,pertinent boundaries for application,and draft regulatory language This task also includes relevant environmental evaluation.The completion of this task will help promote a safe and open environment for the Tower District. 2.Tower District Design Standards.This task is to transform the existing Tower District Design Guidelines into objective design standards to ensure compliance with SB 35 and SB 330, which will allow future development to remain consistent with the Tower’s established architecture.Work performed under this task will include review of existing documents, identification of subjective standards and re-writing of such standards to be objective.This will also include updating currently outdated information,such as references to old Zone Districts. The completion of this task will allow for continued application of design review as a tool to help maintain the desirable and walkable character of the Tower District -upholding a core motivation of the original Specific Plan. 3.Housing Crisis Act (SB 330)Analysis.This task is to provide analysis of the Design Standards and Specific Plan Update to ensure that no net housing loss is created through such standards and/or proposed policies and land use designations.Work performed under this task will include review of the standards,policies,and land use map for impacts to housing capacity.Should an impact be found,the consultant will propose solutions to ensure no net loss of housing capacity.The completion of this tasks ensures compliance with State law and the promotion of housing production within the central city limits. 4.Comprehensive Plan Document.This task is to create a unified and singular Specific Plan document,providing a significant upgrade from the current scope of placing the Update as an Appendix to the 1991 Plan document.Work performed under this task will include bringing the Plan into an editing software,creating professional design aesthetics and user-friendly formatting,and production of a redlined version.The completion of this task will make it easier for both members of the public and City staff alike to read,interpret,and apply the tenants of the Plan. Staff recommends approval of this additional scope of services in the amount of $170,590.Execution of this amendment will allow this scope of services to immediately be incorporated into the current and ongoing TDSP update. ENVIRONMENTAL FINDINGS City of Fresno Printed on 7/18/2023Page 2 of 3 powered by Legistar™ File #:ID 23-951 Agenda Date:6/29/2023 Agenda #: 1.-O. This is not a project pursuant to CEQA guidelines Section 15378. LOCAL PREFERENCE Several sub-consultants have a local office and are therefore considered local pursuant to Fresno Municipal Code Section 4-109. FISCAL IMPACT Available funds from the General Fund to be used. ATTACHMENT: Exhibit A - WRT TDSP Consultant Services Agreement - First Amendment City of Fresno Printed on 7/18/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-986 Agenda Date:6/29/2023 Agenda #:1.-P. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department PHIL SKEI, Assistant Director Planning and Development Department BY:ERIKA LOPEZ, Senior Management Analyst Community Development Division SUBJECT ***RESOLUTION - Adopting the 45th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $132,600 in Emergency Solutions Grant-Coronavirus (ESG-CV) (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends the City Council adopt the 45th amendment of the Annual Appropriation Resolution No. 2022-154 appropriating $132,600 in Emergency Solutions Grant-Coronavirus (ESG- CV) EXECUTIVE SUMMARY Approval of the AAR will appropriate $132,600 from Fiscal Year 2020-2021 and Fiscal Year 2021- 2022 ESG-CV Funds (Fund# 2000-2037) to Fiscal Year 2022-2023 (Fund# 2000-2037). Approving this action will allow the City to fund new ESG-CV homeless service projects to protect the health and safety of people experiencing homelessness and reduce the spread of the COVID-19 outbreak. BACKGROUND On June 18, 2020, City Council approved the 49 th amendment to the Annual Appropriation Resolution No. 2019-133 that would appropriate $1,998,334.50 in ESG-CV to an agreement with the County of Fresno Department of Social Services for implementation of the joint COVID-19 homelessness response plan. On October 29, 2020, City Council adopted Resolution No. 2020-286 and approved the submission of Substantial Amendment 2019-05 to the 2019-2020 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) to program $8,845,443 in a second round of ESG-CV funds to prevent, prepare for, and respond to COVID-19. The approval of this substantial amendment funded various activities such as street outreach through an agreement with Kingsview and rapid City of Fresno Printed on 7/18/2023Page 1 of 2 powered by Legistar™ 6/29/2023 MA/NE 7-0 R. 2023-197 APPROVED ON CONSENT File #:ID 23-986 Agenda Date:6/29/2023 Agenda #:1.-P. rehousing through agreements with the Fresno Center and Centro La Familia. On August 18,2022,City Council approved the sixth revision of the ESG-CV activity allocations reprogramming unspent ESG-CV funding from the agreements with the County of Fresno,Kingsview, the Fresno Center,and Centro La Familia to emergency shelter operations at Travel Inn,mobile shower operations, and an extension of the agreement with Poverello House for street outreach. This reprogramming was necessary to ensure the City meets its 100%expenditure deadline of September 30, 2023. On December 15,2022,City Council approved Annual Appropriation Resolution No.2022-154 to appropriate the ESG-CV funds that were approved by City Council on August 18,2022,for emergency shelter,mobile shower,and street outreach activities.Because the funds being reprogrammed were placed on purchase orders in prior fiscal years Council would have to approve an appropriation of funds from the prior fiscal years to the current fiscal year to fund the approved activities. Since then,the City has had ESG-CV agreements that have ended with unspent funding.This has left the City with $132,600 in ESG-CV funds to reprogram.An AAR must once again be completed to allow for the use of the available ESG-CV funds for emergency shelter.The AAR would reappropriate unspent ESG-CV funds on purchase orders from prior fiscal years to fund the current fiscal year’s emergency shelter activities.The amendment to an agreement associated with the emergency shelter activities proposed to receive the funds will go before Council on the same date under a separate agenda item. ENVIRONMENTAL FINDINGS This is not a project for purposes of CEQA pursuant to CEQA guidelines Section 15378.These plans,strategies and studies are Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR Part 58.34(a) and 58.35(b) under HUD NEPA Requirements (24 CFR 58.35 (b) (2) (3)). LOCAL PREFERENCE Local preference is not applicable because of the use of federal funding. FISCAL IMPACT This Resolution will appropriate Fiscal Year 2020-2021 and Fiscal Year 2021-2022 ESG-CV Funds (Fund# 2000-2037) to Fiscal Year 2022-2023 ESG-CV Funds (658004/ 2000-2037/9995). Attachments: ESG-CV Resolution No. 2022-154 City of Fresno Printed on 7/18/2023Page 2 of 2 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 45th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2022-154 TO APPROPRIATE $132,600 IN EMERGENCY SOLUTIONS GRANT- CORONAVIRUS (ESG-CV) 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: PLANNING AND DEVELOPMENT DEPARTMENT ESG-CV $ 132,600 THAT account titles and numbers requiring adjustment by this Resolution are as follows: ESG-CV Revenues: Account String: 2000-2037-9995-000-433104-19-6-0000-0000- $ 132,600 Total Revenues $ 132,600 Appropriations: Account String: 2000-2037-9995-000-658004-19-6-0000-0000- $ 132,600 Total Appropriations $ 132,600 THAT the purpose is to appropriate $132,600 to fund new ESG-CV homeless service projects to protect the health and safety of people experiencing homelessness and reduce the spread of the COVID-19 outbreak. 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 23-987 Agenda Date:6/29/2023 Agenda #: 1.-Q. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department PHIL SKEI, Assistant Director Planning and Development Department BY:ERIKA LOPEZ, Senior Management Analyst Community Development Division SUBJECT Actions pertaining to supplemental Emergency Solutions Grant funding provided by the U.S. Department of Housing and Community Development Office of Community Planning and Development (HUD CPD) to prevent, prepare for, and respond to the Coronavirus: 1. Approve an Amendment to the Emergency Solutions Grant - Coronavirus Agreement with Elevate Community Services to increase the funding by $132,539.21 for a total award of $385,805.42 for emergency shelter within the City of Fresno. 2. Approve the seventh revision of the Emergency Solutions Grant - Coronavirus Activity Allocations to reallocate $132,539.21 to fund emergency shelter operations RECOMMENDATION Staff recommends the City Council approve an amendment to the agreement between the City of Fresno and Elevate Community Services, approve the seventh revision of the Emergency Solutions Grant - Coronavirus (ESG-CV) Activity Allocations, and authorize the City Manager or designee to sign all necessary implementing agreements as approved to form by the City Attorney. EXECUTIVE SUMMARY The City of Fresno (City) is proposing an amendment to the ESG-CV agreement with Elevate Community Services (Elevate) to cover increased costs at Travel Inn and aid in the full expenditure of ESG-CV funds by the September 30, 2023 expenditure deadline. BACKGROUND The Travel Inn consists of 60 rooms and 150 beds and has operated at full capacity since opening in September 2021. Travel Inn operates as a triage emergency congregate shelter which requires extensive supportive services and case management. Travel Inn provides 24-hour staffing, on-site wrap-around services, welcomes individuals with present mental health or addiction issues, and is City of Fresno Printed on 7/18/2023Page 1 of 3 powered by Legistar™ 6/29/2023 MA/NE 7-0 APPROVED ON CONSENT File #:ID 23-987 Agenda Date:6/29/2023 Agenda #: 1.-Q. wrap-around services,welcomes individuals with present mental health or addiction issues,and is the lowest barrier shelter on Parkway Drive. On June 16,2022,City Council approved a Community Development Block Grant-Coronavirus (CDBG-CV)agreement between the City and Elevate for emergency shelter operations and supportive services at Travel Inn through December 31, 2023. On August 18,2022,City Council approved revisions to the ESG-CV Activities,which would reprogram funds for street outreach services,mobile shower operations,and add additional funding for the operations at Travel Inn. On November 17,2022,City Council approved an ESG-CV agreement between the City and Elevate through September 30,2023,to add three case managers to the operations of Travel Inn thereby improving the ratio of case managers to occupants.Since the approval and execution of the ESG-CV agreement between the City and Elevate to increase case managers,179 individuals have been provided emergency shelter and supportive services,with 62 individuals having experienced safe exits while 88 continue to pursue their housing plan at the Travel Inn. The proposed amendment to the agreement would provide an additional $132,539.21 in ESG-CV funds made available from other ESG-CV projects’savings to cover increased operating costs and ensure Elevate can operate Travel Inn at full capacity through December 31,2023.The amendment would not extend the term of the ESG-CV agreement which will expire September 30,2023.If approved,the proposed additional ESG-CV funds will be used to supplement the existing ESG-CV and CDBG-CV agreements for a total funding amount of $2,049,805.42.This funding will be used to cover increased operating costs during the agreement period of July 1,2022 through December 31, 2023 and enable Elevate to operate at full capacity through December 31,2023.Increased costs have resulted from a variety of sources including inconsistent food costs due to food supplier challenges,damage to furniture leading to a greater degree of replacement,documentation costs (i.e.,birth certificate,California ID/driver’s license,social security card,etc.)related to a rising number of clients coming from other cities,and additional clothing and hygiene product expenses resulting from serving more clients. Travel Inn is typically the first shelter people utilize when coming off the streets.As the City’s only congregate shelter,people enter this shelter the least prepared for housing.As those remaining on our streets increasingly exhibit the most acute needs,Travel Inn has seen an increase in occupants who are new to the Coordinated Entry System (CES).Individuals who are new to the triage emergency shelter and to CES require additional direct services expenses,which have exceeded Elevate’s budget,and will result in a budget shortfall prior to the end of the term of their agreement. Elevate has worked to optimize the free resources available in the community,but some of the items needed for occupants cannot be received easily through donations.In recent months there has been a greater need for items that cannot be donated such as undergarments and socks for men and women staying at the triage emergency shelter.A budget was created by Elevate to cover these expenses but the funds were quickly exhausted. The reprogramming of the $132,539.21 in ESG-CV funds to increase funding available for Travel Inn will assist in covering these increased direct services expenses allowing them to operate at full capacity through December 31,2023,and will also aid in the City’s ability to meet the September 30,City of Fresno Printed on 7/18/2023Page 2 of 3 powered by Legistar™ File #:ID 23-987 Agenda Date:6/29/2023 Agenda #: 1.-Q. capacity through December 31,2023,and will also aid in the City’s ability to meet the September 30, 2023, ESG-CV expenditure deadline. ENVIRONMENTAL FINDINGS This is not a project for purposes of CEQA pursuant to CEQA guidelines Section 15378.These plans,strategies and studies are Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR Part 58.34(a) and 58.35(b) under HUD NEPA Requirements (24 CFR 58.35 (b) (2) (3)). LOCAL PREFERENCE Local preference is not applicable because of the use of federal funding. FISCAL IMPACT The agreement will be funded through the City’s ESG-CV allocations. Attachments: 1st Amendment - Travel Inn ESG-CV ESG-CV Activities ESG-CV Agreement- Elevate Travel Inn City of Fresno Printed on 7/18/2023Page 3 of 3 powered by Legistar™ 1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) effective as of September 1, 2022, amends the Agreement (as defined below) entered into between the City of Fresno, a municipal corporation (CITY), and Elevate Community Services, Inc., (SUBRECIPIENT). CITY and the SUBRECIPIENT are collectively referred to as Parties. RECITALS CITY and SUBRECIPIENT entered into an Agreement for the administration of Coronavirus HEARTH Emergency Solutions Grant (HESG or ESG) funds provided to the CITY under Coronavirus Aid, Relief and Economic Security Act (CARES Act) (ESG-CV) for low barrier homeless shelter and triage center services within the City of Fresno for the purpose of protecting the health and safety of people experiencing homelessness and reducing the spread of the COVID-19 outbreak (Agreement); and CITY and the SUBRECIPIENT desire to increase Subrecipient’s compensation and expand the Subrecipient’s scope of work to include direct services to clients in order to meet the needs of homeless individuals impacted by COVID-19; and NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual premises herein contained, and for other good and valuable consideration hereby acknowledge, the Parties agree that the aforesaid Agreement be amended as follows: AMENDMENT 1. Subrecipient’s compensation shall be increased by $132,539.21 for total compensation that shall not exceed $385,805.42 for the period of September 1, 2022, through September 30, 2023. 2. Exhibit B is deleted in its entirety and replaced with the attached Revised Exhibit “B”. 3. The Subrecipient’s services will be expanded to include direct services to clients. 4. Exhibit A is deleted in its entirety and replaced with the attached Revised Exhibit “A”. 5. In the event of any conflict between the body of this Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the Parties, provided for within the body of this Amendment, shall be null and void. 6. Except as otherwise provided herein, the Agreement entered into by CITY and SUBRECIPIENT, dated December 15, 2022, remains in full force and effect. [SIGNATURES APPEAR ON THE NEXT PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, A California municipal corporation By: Georgeanne A. White Date City Manager APPROVED AS TO FORM: Andrew Janz City Attorney By: Tracy N. Parvanian Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Elevate Community Services, Inc. By: Wayne Rutledge, President Addresses: CITY: City of Fresno Attention: Karen Jenks, Housing & Neighborhood Revitalization Manager 2600 Fresno Street, CHN 3065 Fresno, CA 93721 Phone: (559) 621-8064 FAX: Recipient: Elevate Community Service, Inc. Attention: Katie Wilbur Executive Director 255 W. Clinton Ave., Fresno, CA 937405 Fresno CA 93705 Phone: (559) 314-3914 Attachments: 1. Revised Exhibit A – Scope of Services 2. Revised Exhibit B - Budget REVISED EXHIBIT A SCOPE OF SERVICES Agreement Between CITY OF FRESNO and Elevate Community Services, Inc. Project: Low Barrier Triage Center/ Emergency Shelter (Formerly known as the Travel Inn) Scope of Work The SUBRECIPIENT will increase staff with three full time case managers to provide intensive case management services that focus on helping participants develop a housing plan and overcome barriers to attaining permanent housing. Case Mangers will connect participants to support services and benefits necessary to overcome barriers preventing them from obtaining and retaining permanent housing. The SUBRECIPIENT will expand the services provided through this agreement to include direct services to participants which include but are not limited to: • Assisting participants with becoming “document ready” • Meals for participants • Appropriate clothing to protect participants from the weather conditions. • Hygienic products and supplies for participants • Replace and repair of room furnishing prior to new clients receiving a room. • The participant volunteer program Record Retention and Reporting Requirements The SUBRECIPIENT must retain records in accordance 24 CFR Subpart F – Grant Administration, § 576.500, Recordkeeping and Reporting Requirements. HUD requires recipients to report the uses of ESG-CV funding in their Consolidated Annual Performance and Evaluation Report (CAPER) and through submission of project data into the SAGE Homeless Management Information System (HMIS) Repository. Quarterly reporting from the SUBRECIPIENT to the City is mandatory to meet this requirement. The CITY’s quarterly reporting requirements are described within this Agreement and the report form is attached as Exhibit D. Monitoring The SUBRECIPIENT must monitor any and all subawards to subrecipients in accordance with U.S Department of Housing and Urban Development (“HUD”) requirements. The SUBRECIPIENT is further encouraged to use HUD CPD Monitoring Handbook - 6509.2 REV-7, CHG-1. In conducting their monitoring reviews The SUBRECIPIENT acknowledges that the CITY is required to periodically monitor the SUBRECIPIENT’s delivery of the subject ESG-CV funding. The CITY will utilize the guidance in HUD CPD Monitoring Handbook - 6509.2 REV-7, CHG-1 as well as 24 CFR 756, 2 CFR 200 and this Agreement when conducting on-site and desk monitoring reviews. Progressive Expenditure Deadlines and Recapture Provisions To ensure ESG-CV funds are spent quickly on eligible activities to address the public health and economic crises caused by coronavirus, HUD is requiring that the CITY complete eligible reimbursement draw-downs from the U.S. Treasury within 90 days of the last day of the applicable progressive expenditure deadline cycle. To ensure that the CITY meets this HUD requirement, the CITY has set forth a Spending Plan by Progressive Expenditure Deadline, which is included in EXHIBIT C to this AGREEMENT, and a reimbursement request and accomplishment data processing schedule that may be found in TABLE 1 below and more fully described in subsequent narrative. TABLE 1 A. Progressive Expenditure Deadline - Percentage of Grant Award B. Expenditure Cycle Ending: C. Request for Reimbursement Packet and Accomplishment Data Submitted by SUBRECIPIENT to CITY By/Before D. SUBRECIPIENT Reimbursement and Data Packet Deficiencies Cured By/Before: E. CITY Uploads Accomplishment Data into HUD Reporting System By/Before F. CITY Completes HUD IDIS Drawdown By/Before: 20% Dec. 31, 2022 Jan. 31, 2023 Feb. 28, 2023 Jan. 31, 2023 Mar. 15, 2023 80% Jun. 30, 2023 Jul. 31, 2023 Aug. 31, 2023 Jul. 31, 2023 Sept. 15, 2023 100% Sept. 30, 2023 Oct. 31, 2023 Nov. 30, 2023 Oct. 31, 2023 Nov. 15, 2023 Consistent with Table 1 and HUD and CITY requirements, the City will recapture: i) the expenditure shortfall up to 20 percent of the SUBRECIPIENTs total ESG-CV award should the SUBRECIPIENT not request by January 31, 2023 reimbursement for eligible and allowed costs for at least 20% of the ESG-CV award for the expenditure cycle ending December 31, 2022 ii) recapture the expenditure shortfall up to 80 percent of the SUBRECIPIENTs total ESG-CV award should the SUBRECIPIENT not request by July 31, 2023 reimbursement for eligible and allowed costs for at least 80% of expended eligible and allowed costs under the ESG-CV award for the expenditure cycle ending June 30, 2023; iii) recapture the expenditure shortfall up to 100 percent of the SUBRECIPIENTs total ESG-CV award should the SUBRECIPIENT not request by October 31, 2023 reimbursement for eligible and allowed costs for at least 100% of expended eligible and allowed costs under the ESG-CV award for the expenditure cycle ending September 30, 2023. These periods and reimbursement request due dates are summarized in Table 1, Columns A, B, and C, above In the event the CITY determines that a reimbursement request or portions thereof are eligible for reimbursement, but inadequately supported, the CITY may provide the SUBRECIPIENT additional time to correct and cure the reimbursement request defect by providing additional supporting documentation. The period for curing documentation defects for draws in a particular expenditure deadline cycle shall expire on the respective dates provided in Column D of Table 1 in this Exhibit. Shall the defect not be fully cured by the cure expirations date, the costs associated with the defect will be disallowed. In the event the disallowed costs results in the total reimbursement for the expenditure cycle falling short of the amount required for the meeting the cycle’s progressive expenditure deadline amount as provided in EXHIBIT C, the CITY will recapture the amount of the expenditure shortfall for the cycle. Accomplishment data defects must also be cured by the respective dates provided in Column D Table 1 in this Exhibit A. Accomplishment data defects not corrected by the applicable dates may result in the suspension of reimbursement request processing and the making of reimbursement payments until such time as the data defect is cured by the SUBRECIPIENT. In the event that a suspension results in the failure to achieve an expenditure deadline requirement, the CITY will recapture the entire amount associated with the expenditure deadline cycle. Salaries & Wages Fringe Benefits Totals (City of Fresno HUD Funds) Other Federal Funds State Funds Local Govm't Funds Private / Donor Funds Other Funds (specify) Salaries/Wages (Specify each position; add additional rows as needed) Direct Service Personnel:Approved Contract 253,266.21$ Case Manager 60,700.00 9,000.00 69,700.00 69,700.00 Proposed Amendment 132,539.21$ Case Manager 60,700.00 9,000.00 69,700.00 69,700.00 Total 385,805.42$ Case Manager 60,700.00 9,000.00 69,700.00 69,700.00 Case Manager .5 - - [enter position title] - - Administrative Personnel: [enter position title] - - [enter position title] - - [enter position title] - - Independent Contractors / Consultants: [enter position title] - - [enter position title] - - TOTAL PERSONNEL BUDGET $ 182,100.00 $ 27,000.00 $ 209,100.00 $ - $ - $ - $ - $ - $ 209,100.00 Other Direct Costs (Include only costs that are direct; indirect costs are covered under the Indirect Cost Rate) Employee costs 21,142.01 21,142.01 Client Incentives 7,500.00 7,500.00 Document Readiness 5,000.00 5,000.00 Employee Training 5,500.00 5,500.00 Client Food 75,000.00 75,000.00 Client Clothing 5,500.00 5,500.00 Office Supplies 1,990.00 1,990.00 Client Furniture 15,000.19 15,000.19 Client Hygiene 5,000.00 5,000.00 [enter cost category] - TOTAL OTHER DIRECT COSTS $ 141,632.20 $ - $ - $ - $ - $ - $ 141,632.20 INDIRECT COSTS* (Select 1 indirect rate Only) Approved Indirect Cost Rate - De minimus 10 % Rate 35,073.22 35,073.22 TOTAL INDIRECT COST BUDGET $ 35,073.22 $ - $ - $ - $ - $ - $ 35,073.22 TOTAL PROJECT BUDGET $ 182,100.00 $ 27,000.00 $ 385,805.42 $ - $ - $ - $ - $ - $ 385,805.42 REVISED EXHBIT B Please revise this form and annotate budget items as needed All applicants are required to submit a copy of their organization’s operating budget. *An approved indirect cost rate must be applied to the base identified in the agreement with the federal cognizant agency. Per 2 CFR 200.414, any non-federal entity that does not have a current negotiated rate may elect to charge a de minimis rate of 10% of Modified Total Direct Costs (defined in 2 CFR 200.68). CITY OF FRESNO OPERATING BUDGET SUMMARY (non-capital projects) Budgeted Position (Personnel) or Category (Operations) City of Fresno HUD Funds Other Funds for Project Project Totals (All Funds) June 15, 2023 Page 1 of 6 Emergency Solutions Grant – Coronavirus (ESG‐CV) Activities Planning and Development Department Housing and Community Development Division 2600 Fresno Street, Room 3065 Fresno, CA 93721 559‐621‐8300 HCDD@fresno.gov October 29, 2020 Revised February 18, 2021 Revised April 1, 2021 Revised May 19, 2021 Revised June 24, 2021 Revised January 13, 2022 Revised August 11, 2022 Revised June 15, 2023 Purpose of this Document As part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) passed by the U.S. Congress and signed into law by the President on March 27, 2020, the U.S. Department of Housing and Urban Development (HUD) allocated a supplemental ESG allocation for the City to use to prevent, prepare for, and respond to Coronavirus. ESG‐CV funds are not subject to the consultation and citizen participation requirements that otherwise apply to the Emergency Solutions Grants program, including the requirements under 24 CFR 91.100, 91.105, 91.110, and 91.115. However, as required by the CARES Act, each recipient must publish how it has used and will use its allocation, at a minimum, on the Internet at the appropriate government website or through other electronic media. This document is being made available on the website of the City’s Housing and Community Development division to meet this requirement. Emergency Solutions Grant – Coronavirus 1 (ESG‐CV1) June 15, 2023 Page 2 of 6  Funds programmed according to Substantial Amendment 2019‐03 to the 2019‐2020 Annual Action Plan adopted by City Council on June 18, 2020.  Agreement with the County of Fresno for Joint COVID‐19 Homeless Response authorized by City Council on June 18, 2020.  City Council approved Emergency Shelter allocation on August 11, 2022. Table 1: ESG‐CV1 Allocations Organization & Activity Description Amount County of Fresno – Joint COVID‐19 Homeless Response Funds sub‐awarded to the County of Fresno and the Fresno Madera Continuum of Care to focus on the maintenance of COVID‐19 homeless response strategies that include shelter housing and the provision of critical services and supplies. Up to $105,175.50 for administration and compliance. $1,927,094. 55 Program Administration Funds will be used for grant administration to comply with all applicable regulations while expediting the implementation of services and investments to prevent, prepare for, and respond to the coronavirus (COVID‐19). $131,711.70 City of Fresno – Emergency Shelter Operations Emergency Shelter Operations and Supportive Services for 60‐bed site acquired by the City of Fresno $44,703.75 Total ESG‐CV1 $2,103,510 June 15, 2023 Page 3 of 6  Funds programmed according to Substantial Amendment 2019‐05 to the 2019‐2020 Annual Action Plan adopted by City Council on October 29, 2020.  Revised ESG‐CV plan was approved by the City Council on February 18, 2021, allocating the remaining $5,960,899 to the following activities: Deposit Assistance ($500,000); Emergency Shelter Conversion, Rehabilitation, or Operations ($774,099); City of Fresno – Emergency Shelter Operations ($1,388,800); Fresno Housing Authority – Emergency Shelter Operations ($3,298,000).  Revised ESG‐CV plan was approved by the City Council on April 1, 2021, allocating $2,100,000 from the County of Fresno Joint COVID‐19 Homeless Response to the City of Fresno COVID‐19 Emergency Shelter & Street Outreach, Rapid Rehousing, or Homelessness Program.  Revised ESG‐CV plan was approved by the City Council on May 19, 2021, allocating funds to Mental Health Services, Inc. – Emergency Shelter Operations and Services ($1,396,143.46); Kings View Corporation – Street Outreach Services ($159,588.60); and Poverello House – Street Outreach Services ($349,207.65)  Revised ESG‐CV plan was approved by the City council on June 24, 2021, allocating funds to the following: Mental Health Services, Inc. – Emergency Shelter Operations ($1,620,339.50); Kings View Corporation – Street Outreach ($112,073.50); and Poverello House – Street Outreach ($367,587).  Revised ESG‐CV plan was approved by the City Council on January 13, 2022, allocating funds to the following: Fresno Housing Authority – Homeless Management Information System ($56,000); Poverello House Village of Hope I – Shelter Operations ($237,377.28); Elevate Community Services – Temporary Emergency Shelter Operations ($1,256,368.33); UCSF, Fresno – Vaccine Clinic ($438,566); Marjaree Mason Center – Temporary Emergency Shelter Operations and Supportive Services ($300,000).  Additional Emergency Services Operations and Street Outreach activities, and the increase of funding to existing activities, approved by City Council on August 11, 2022.  Additional activities and decreases in funding due to program savings from existing activities, are italicized and highlighted. City Council will consider the updated allocations at its June 15, 2023, meeting. June 15, 2023 Page 4 of 6 Table 2: ESG‐CV2 Allocations Organization & Activity Description Amount Centro La Familia & The Fresno Center Deposit Assistance Programs Funds sub‐awarded to Centro La Familia and The Fresno Center to provide rental application fees, security deposits, last month’s rent, and/or utility deposits eligible under the code of federal regulations for housing stabilization services [24 CFR 576.105(a)(1‐4)] for homeless or homelessness prevention $106,351.70 City of Fresno – Emergency Shelter Operations Emergency Shelter Operations and Supportive Services for 60‐bed site acquired by the City of Fresno $1,363,965.31 Fresno Housing Authority – Emergency Shelter Operations Emergency Shelter Operations and Supportive Services at Fresno Housing Authority (FH) locations operated as emergency shelters: • Days Inn at 1101 N Parkway Drive • Welcome Inn, at 777 N Parkway Drive $2,521,000 Mental Health Services, Inc. Emergency Shelter Operations and Supportive Services for a 50‐bed site. $1,607,345.63 Kings View Corporation Street outreach services to prevent, prepare for, and respond to the Coronavirus. $95,966.33 June 15, 2023 Page 5 of 6 Poverello House Street outreach services to prevent, prepare for, and respond to the Coronavirus. $671,605 Fresno Housing Authority – Homeless Management Information System The Housing Authority of the City of Fresno will provide HMIS services for the purposes of gathering and analyzing community data from various programs, including ESG‐CV. This system will be used to assess the effectiveness of the homeless response system and inform decision making on housing and service needs for individuals/families impacted by COVID‐19 and experiencing homelessness. $56,000 Poverello House Village of Hope I – Shelter Operations Provides funding to operate Village of Hope, a shelter providing temporary housing and services to people experiencing homelessness in the City of Fresno. $228,310.51 Elevate Community Services Temporary emergency shelter operations at the Ambassador Inn and Villa Motel. $1,256,368.33 Marjaree Mason Center – Temporary Emergency Shelter Temporary Emergency Shelter Operations and Supportive Services. $300,000 Gracebound – Mobile Showers Mobile shower facility to provide basic hygiene to people experiencing homelessness who are at risk of being impacted by COVID‐19. $209,979.98 June 15, 2023 Page 6 of 6 Elevate Community Services Increase to agreement to include additional direct services to clients. Inn – Emergency Shelter Operations $132,539.21 City of Fresno – Program Administration Funds will be used for grant administration to comply with all applicable regulations while expediting the implementation of services and investments to prevent, prepare for, and respond to the coronavirus (COVID‐19). $296,011 Total ESG‐CV2 $8,845,443 1 2809494v1 / 18621.0003 BY AND BETWEEN ELEVATE COMMUNITY SERVICES INC. FOR THE ADMINISTRATION OF CORONAVIRUS HEARTH EMERGENCY SOLUTIONS GRANT FUNDS (E-20-MW-06-0001) THIS AGREEMENT is made and entered into effective upon execution by both parties, by and between the CITY OF FRESNO (the CITY), and Elevate Community Services, Inc. (the SUBRECIPIENT), for operation of a low barrier homeless shelter/triage center at 1444 W. White Ave Fresno, CA 93728 . RECITALS WHEREAS, the United States Department of Housing and Urban Development (HUD) has provided an allocation of HEARTH Emergency Solutions Grant (HESG or ESG) funds to the CITY under Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136) to protect the health and safety of people experiencing homelessness and reduce the spread of the COVID-19 outbreak; and WHEREAS, the SUBRECIPIENT will continue operate a low barrier homeless shelter/triage center and provide services at its property located at 1444 W. White Ave Fresno, CA 93728. Through this agreement Travel Inn staff shall be increased by three full time Case Managers for the purpose of improving the ratio of case managers to tenants in order to provide the level of service necessary to protect the health and safety of people experiencing homelessness and reduce the spread of the COVID-19 outbreak; and WHEREAS, the SUBRECIPIENT hereby represents that it desires to and is professionally and legally capable of operating the emergency shelter for and providing services to the homeless persons in manner consistent with HUD and CITY requirements; and WHEREAS, this Agreement will be administered for the City by its City Manager through the Planning and Development Department, Division of Housing and Community Development or other designee of the City Manager. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions and premises hereinafter combined to be kept and performed by the respective Parties, it is mutually agreed as follows: ARTICLE 1 DEFINITIONS. Wherever used in this Agreement or any of the contract documents, the following words shall have the meaning herein given, unless the context requires a different meaning. A. “ACT” – 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant and Consolidated Plan Conforming Amendments Interim Rule, published in the Federal Register on December 5, 2011 (76 Fed. Reg. 75954). B. “Administrator” and “Contract Administrator” shall mean the Manager of the Housing and Community Development Division of the Planning and Development DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 2 2809494v1 / 18621.0003 Department of CITY or other designee of the City Manager. C. “Budget” shall mean SUBRECIPIENT’s Cost Proposal submitted with the Bid Proposal. D. “CARES ACT” shall mean Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136) E. “City Manager” shall mean the City Manager of the CITY. F. “Contract” or “Contract Documents” shall mean and refer to this Agreement including its exhibits. G. “ESG” or “HESG” shall mean the HEARTH Emergency Solutions Grant as set forth in the ACT. H. “ESG-CV” shall mean the Emergency Solutions Grant provisions as set forth in the CARES ACT. I. “Grant Award” shall mean the total of Two Hundred Fifty-Three Thousand Two Hundred Sixty-Six Dollars and Twenty-One Cents (253, 266.21) of HESG or ESG funds awarded by CITY to SUBRECIPIENT as more particularly described in Section 4 of this Agreement. J. “HMIS” means the Homeless Management Information System. HMIS is the information system designated by the local Continuum of Care (CoC) to comply with the requirements of CoC Program interim rule 24 CFR 578. It is a locally-administered data system used to record and analyze client, service, and housing data for individuals and families who are homeless or at risk of homelessness. K. “HUD” shall mean the United States Department of Housing and Urban Development. L. “Program” shall mean services provided under the Federal funding source. M. “Program Component” shall mean the five program components of: Street Outreach, Emergency Shelter, Rapid Rehousing, Homelessness Prevention, and HMIS as more fully described at 24 CFR 576.101 through 576.107. Administration of the Program is an activity and not a Program Component. N. “Program Income” for the specific purpose of this Agreement shall be as defined in the ACT. Unless otherwise provided for in the ACT, Program Income shall include any and all gross income earned by or accruing to SUBRECIPIENT in its performance hereunder provided that the term Program Income does not include rebates, credits, discounts, or refunds realized by SUBRECIPIENT in its performance hereunder. O. “Progressive Expenditure Deadlines” for the specific purpose of this Agreement, the progressive expenditure deadlines are: twenty percent (20%) of the Grant Award must be expended by December 31, 2022; eighty percent (80%) of the Grant Award must be expended by June 30, 2023; and one hundred percent (100%) of the Grant Award must be expended by September 30, 2023. Failure to meet these deadlines will result in the recapture of an amount equal to the difference between the required expenditure by the applicable deadline and the actual expenditure by the applicable deadline. P. “Progressive Reimbursement Request Deadlines” for the specific purpose of this DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 3 2809494v1 / 18621.0003 Agreement, the SUBRECIPIENT requests for reimbursement of eligible ESG-CV expenditures must be made within thirty (30) days of the respective Progressive Expenditure Deadlines. The Progressive Reimbursement Request Deadlines shall occur no later than one (1) month after Progressive Expenditure Deadlines as follows: a request for reimbursement of an amount not less than twenty percent (20%) of the Grant Award’s allowed cost must be made by January 01, 2023; a request for reimbursement of an amount not less than eighty percent (80%) of the Grant Award’s allowed cost must be made by July 31, 2023; and a request for reimbursement of an amount not less than one hundred percent (100%) of the Grant Award’s allowed cost must be made by October 31, 2023. Q. “Project” shall mean the SUBRECIPIENT’S operation of low barrier homeless shelter/triage center at 1444 W. White Ave Fresno, CA 93728, R. “Recapture” shall mean the CITY’s ability to recapture up to twenty percent (20%) of SUBRECIPIENT’s total ESG-CV award if SUBRECIPIENT has not requested reimbursement of twenty percent (20%) of allowed ESG-CV costs through December 31, 2022 by January 31, 2023; recapture up to eighty percent (80%) of SUBRECIPIENT’s total ESG-CV award if SUBRECIPIENT has not requested reimbursement of eighty percent (80%) of allowed ESG-CV costs through June 30, 2023 by July 31, 2023; recapture up to one hundred percent (100%) of SUBRECIPIENT’s total ESG-CV award if SUBRECIPIENT has not requested reimbursement of one hundred percent (100%) of allowed ESG-CV costs through September 30, 2023 by October 31, 2023. S. “Scope of Services or Services” shall mean those services submitted with SUBRECIPIENT’s bid proposal to be offered in fulfillment of the Program and included in Exhibit A. T. “Subaward” shall mean an award of CITY ESG or HESG funds provided by the SUBRECIPIENT to its Subrecipient (2 CFR 200.331) in order to administer all or a portion of SUBRECIPIENT’s Scope of Services. U. “Subcontract” shall mean a SUBRECIPIENT’s agreement, with a vendor or subcontractor, which is selected in accordance with the SUBRECIPIENT’s board- approved procurement policy and Federal procurement and contracting requirements at 2 CFR 200.318 through 200.326. V. “Subrecipient” shall mean an entity that receives a Subaward from the SUBRECIPIENT to carry out a part of the Program, Program Component and/or Project, but shall not include an individual that is a beneficiary of such Program. A Subrecipient may also be a recipient of other grant awards directly from the CITY. 1. Contract Administration. This Agreement including all the Contract Documents shall be administered according to the order of precedence set forth herein for CITY by Administrator who shall be SUBRECIPIENT’s point of contact and to whom SUBRECIPIENT shall report. 2. Scope of Services. SUBRECIPIENT shall provide the Program in conformance with the Contract Documents and perform to the satisfaction of CITY those services set forth in Exhibit A and services necessarily related or incidental thereto even though not expressly set forth therein. 3. Effective Date and Term of Agreement. It is the intent of the Parties that this Agreement be effective upon execution. Due to the urgent need to immediately DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 4 2809494v1 / 18621.0003 protect the health and safety of persons experiencing homelessness and reduce the spread of the COVID-19 outbreak, the CITY will accept SUBRECIPIENT requests for reimbursement for eligible services and related allowed costs incurred on or after September 1, 2022. The period of the homeless shelter/triage center operations and service delivery under this Agreement shall end on September 30, 2023; followed by a thirty (30)-day invoice and data submission period which may be extended an additional thirty (30) days for the SUBRECIPIENT to have the opportunity to correct invoice documentation and accomplishment data errors or deficiencies. The CITY will also conduct it final close-out monitoring by November 30, 2023. 4. Compensation and Method of Payment. CITY shall pay SUBRECIPIENT the aggregate sum not to exceed Two Hundred Fifty-Three Thousand Two Hundred Sixty-Six Dollars and Twenty-One Cents (253,266.21) for satisfactory performance of the services rendered pursuant to this Agreement and as set forth in Exhibit B attached hereto and incorporated herein. Compensation is based on actual expenditures, supported by properly executed payrolls, time records, invoices, contracts, vouchers, orders, or any other accounting documents pertaining in whole or in part to this Agreement and shall be clearly identified and submitted by the SUBRECIPIENT to the CITY with each request for reimbursement. The SUBRECIPIENT’s request for reimbursement shall also be in accordance with the Budget set forth in Exhibit B. It is understood that all expenses incidental to SUBRECIPIENT’s performance of Services under this Agreement shall be borne by the SUBRECIPIENT. If SUBRECIPIENT should fail to comply with any provisions of this Agreement, CITY shall be relieved of its obligation for further compensation after providing SUBRECIPIENT with written notice of non-compliance and a thirty (30)-day opportunity to cure as provided for in Section 8 below. Notwithstanding any payment provisions herein, SUBRECIPIENT’s failure to timely and properly submit required records and reports set forth in this Agreement may be cause for CITY to delay reimbursement payments to SUBRECIPIENT. Payments shall be made by the CITY to SUBRECIPIENT in arrears for Services provided during the preceding month. Such payment by CITY shall be made in the normal course of business, generally within thirty (30) days after the date of receipt by CITY of a correctly completed and supported invoice in accordance with the provisions of this paragraph and shall be for the actual expenditures incurred by SUBRECIPIENT in accordance with Exhibit B. Payments shall be made after receipt and verification of actual expenditures. All invoices are to be submitted CITY at the address given for notices on the signature page hereof or at such address the CITY may from time to time designate by written notice. The Administrator may, in his or her sole discretion, agree in writing to revise the monthly payment schedule upon SUBRECIPIENT’s showing that such will facilitate delivery of the Services; provided, however, that total payments under this Agreement shall not exceed the total amount provided for in this Section 4 and the revision will not adversely impact the Progressive Expenditure Deadlines and result in a return of funds to HUD. a. Any funds paid by CITY hereunder which remain unearned at the expiration or earlier termination of the Agreement shall be, and remain in trust, the property of CITY and shall be remitted to CITY within ten (10) days of expiration or earlier termination of this Agreement. Any interest thereon must be credited to or returned to CITY. All funds advanced pursuant to this Agreement and not expended shall be DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 5 2809494v1 / 18621.0003 returned to CITY. b. CITY will not be obligated to make any payments under this Agreement if the request for payment is received by the CITY more than thirty (30) days after the date of termination of this Agreement or the date of expiration of this Agreement, whichever occurs first. c. SUBRECIPIENT understands and agrees that the availability of ESG-CV Funding hereunder is subject to the control of HUD and should the ESG-CV funding be encumbered, withdrawn, or otherwise made unavailable to CITY whether earned or promised to SUBRECIPIENT and/or should CITY in any fiscal year hereunder fail to appropriate said funds, CITY shall not provide said funds to SUBRECIPIENT unless and until they are made available for payment to CITY by HUD and CITY receives and appropriates said Funds. No other funds owned or controlled by CITY shall be obligated under this Agreement to the project(s). Should sufficient funds not be appropriated, the Services provided may be modified, or this Agreement terminated, at any time by the CITY as provided in section 8 below. d. SUBRECIPIENT shall use the funds provided by CITY solely for the purpose of providing the Services required under Section 2 of this Agreement. 5. Loss of Third-Party Funding. In the event any funding provided by a party other than CITY for the Program or Services being performed by SUBRECIPIENT is suspended, reduced or withdrawn, then Administrator may suspend this Agreement immediately upon its receipt of notice thereof, or terminate this Agreement as provided in Section 8 below. SUBRECIPIENT shall notify CITY in writing within seven (7) days if any of the following events occur: a. Suspension, reduction, or withdrawal of SUBRECIPIENT'S funding by other funding source(s). b. The CITY, in its sole discretion, may stay such suspension of the Agreement for a period not to exceed thirty (30) days to allow SUBRECIPIENT to either (i) submit a new service or funding plan for evaluation by the CITY who may accept or reject in its sole discretion, or (ii) complete an orderly phase out of Services. If the CITY accepts such new service or funding plan, then such plan will be subject to the requirements in Section 13 below. 6. Disposition of Program Income. Absent the CITY’s written consent, any Program Income generated hereunder shall be used to reduce the CITY’s reimbursement obligations hereunder, or in the absence thereof promptly remitted entirely to the CITY. 7. Events of Default. When in the opinion of CITY, there is an occurrence of any one or more of the following provisions it will represent an Event of Default for purposes of this Agreement. a. An illegal or improper use of the federal funds. b. A failure to comply with any term, covenant, or condition of this Agreement. Report(s) are submitted to CITY which are incorrect or incomplete in any material respect. c. The Services required hereunder are incapable of or are improperly being performed by SUBRECIPIENT. DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 6 2809494v1 / 18621.0003 d. Refusal of SUBRECIPIENT to accept change under Section 18 e. SUBRECIPIENT fails to maintain any required insurance. f. There is a loss of third-party funding (see Section 5 above). g. SUBRECIPIENT’s breach of any other material condition, covenant, warranty, promise, or representation contained in this Agreement not otherwise identified within this Section. 8. Termination and Remedies. Upon the occurrence of an Event of Default, CITY shall give written notice to SUBRECIPIENT of the Event of Default by specifying (1) the nature of the event or deficiency giving rise to the default, (2) the action required to cure the deficiency, if, in the sole discretion of CITY, any action to cure is possible, and (3) if the Event of Default is curable, a date, which shall not be less than thirty (30) calendar days from the date of the notice, by which such deficiency must be cured, provided, however that if such failure cannot be remedied in such time, SUBRECIPIENT shall have an additional thirty (30) days to remedy such failure so long as SUBRECIPIENT is diligently and in good faith pursuing such remedy. a. This Agreement shall terminate without further liability of CITY to SUBRECIPIENT upon the earlier of: (i) the happening of an Event of Default by SUBRECIPIENT and a failure to cure said Event of Default within the time specified in the notice of Event of Default; (ii) thirty (30) days prior written notice without cause by either Party; (iii) CITY’S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year during the Term of this Agreement, or insufficient funding for the Services provided by SUBRECIPIENT; or (iv) expiration of this Agreement. b. Immediately upon any termination or expiration of this Agreement, SUBRECIPIENT 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 SUBRECIPIENT that are owned by CITY. Subject to the terms of this Agreement, SUBRECIPIENT shall be paid compensation for Services satisfactorily performed prior to the effective date of termination. SUBRECIPIENT shall not be paid for any work or Services performed or costs incurred which reasonably could have been avoided. c. Upon any breach of this Agreement by SUBRECIPIENT, 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. d. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement or any default which may then exist on the part of SUBRECIPIENT, nor shall such payment impair or prejudice DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 7 2809494v1 / 18621.0003 any remedy available to CITY with respect to the breach or default. e. CITY expressly reserves the right to demand of SUBRECIPIENT the repayment to CITY of any funds disbursed to SUBRECIPIENT under this Agreement which, in the judgment of CITY, were not expended in accordance with the terms of this Agreement, and SUBRECIPIENT agrees to promptly refund or provide written justification of proper use of any such funds within ten (10) days of CITY’S written demand. 9. Level of Skill; Subcontractors. a. SUBRECIPIENT may, at its sole discretion, subcontract any of the services required under this Agreement, in compliance with the terms of this Agreement. It is further mutually understood and agreed by and between the parties hereto that inasmuch as SUBRECIPIENT represents to City that SUBRECIPIENT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of SUBRECIPIENT and its subcontractors, if any, to do and perform such Services in a skillful manner and SUBRECIPIENT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such Services by City shall not operate as a release of SUBRECIPIENT or any subcontractors from said industry and professional standards. b. City reserves the right to hire additional contractors to perform the Services required under this Agreement, and offset any future payment to SUBRECIPIENT accordingly, so long as such hiring and associated offset is memorialized in an Addendum executed by the parties, setting forth the amount of the offset. c. If SUBRECIPIENT subcontracts any or all of the services to be performed under this Agreement where the subcontract is for a total of $250,000 or greater during any calendar year, SUBRECIPIENT shall require, at the discretion of the City 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 City Risk Manager or designee. If no Side Agreement is required, SUBRECIPIENT 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. d. To the full extent required by applicable federal and state law, each party and its contractors and agents shall comply with the Davis-Bacon Act, as amended, California Labor Code Section 1720 et seq., and the regulations adopted pursuant thereto (“Prevailing Wage Laws”), if so required, and shall be solely responsible for carrying out the requirements of such provisions. Each party shall indemnify, defend and hold the other and its elected and appointed officers, officials, employees, agents, consultants, and contractors harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 8 2809494v1 / 18621.0003 may be made by contractors, subcontractors, or third party claimants pursuant to Labor Code sections 1726 and 1781), the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including, but not limited to the Prevailing Wage Laws, or any act or omission of that party related to the payment or requirement of payment of prevailing wages. 10. Indemnification To the furthest extent allowed by law, SUBRECIPIENT 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), 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 SUBRECIPIENT, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If SUBRECIPIENT should subcontract all or any portion of the Services to be performed under this Agreement, SUBRECEPIENT 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. 11. Insurance. The SUBRECIPIENT shall comply with all of the insurance requirements in Exhibit E to this Agreement. 12. On-Site Monitoring. Authorized representatives of HUD and/or the CITY shall have the right to monitor the SUBRECIPIENT’s performance under this Agreement. Such monitoring may include inspection activities, review of records, and attendance at meetings: SUBRECIPIENT shall reasonably make its facilities, books, records, reports, and accounts available for CITY’s inspection in pursuit hereof. This section 12 shall survive termination or expiration of this Agreement. 13. Records, Reports, and Inspection. SUBRECIPIENT shall establish and maintain records in accordance with all requirements prescribed by CITY, HUD, and generally accepted accounting principles, with respect to all matters covered by this Agreement. As applicable, SUBRECIPIENT shall comply with all applicable requirements of CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, including the provision of a single audit (generally applicable where funding from all federal sources in any fiscal year exceeds $750,000), and to such extent shall submit to the CITY any applicable auditor’s reports and audited financial statements no later than three (3) months after the SUBRECIPIENT’s fiscal year end. SUBRECIPIENT shall be responsible for determining the applicability of the foregoing. On a quarterly basis the SUBRECIPIENT shall submit a report utilizing and completing the form attached as EXHIBIT D – ESG Quarterly Report. The report shall be submitted within thirty (30) days of the close of each quarter of the fiscal year for the duration of the Agreement. SUBRECIPIENT shall ensure the ESG grant funds provided by GRANTEE are clearly identified as a subaward and include the following information: DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 9 2809494v1 / 18621.0003 • Subrecipient Name: Elevate Community Services, Inc. • Subrecipient ID (DUNS #):127482537 • Federal Award Identification Number (ESG-CV Grant # E-20-MW-06- 0001) • Federal Award Date: April 02, 2020 • Period of Performance: September 1, 2022- September 30, 2023 • Federal Funds Obligated by this Agreement: Yes • Total Federal Funds Obligated to SUBRECIPIENT: • Total Amount of the Federal Award: • Federal Award project description: • Name of Federal awarding agency: Department of Housing and Urban Development • Name of pass-through entity: City of Fresno, California • Award Official Contact Information: Jennifer Clark, Director, Dept. of Planning and Development, City of Fresno, 2600 Fresno St., Fresno, CA 93721 • CFDA Number: 14.231 • CFDA Name: HEARTH Emergency Solutions Grant • Identification of R&D: No • Indirect cost rate for the Federal award: Up to a di minimus 10% indirect cost rate or a percentage approved by the applicable Federal cognizant agency i. Annually, SUBRECIPIENT shall submit a report on clients served and activities assisted with ESG funds by uploading HMIS data within ten (10) days of receipt of the HUD Sage hyperlink into the Sage HMIS Reporting Repository. ii. SUBRECIPIENT shall maintain all records required by the Federal regulations specified in 24 CFR 576.500. iii. SUBRECIPIENT shall retain such records for a period of years after receipt of the final payment under this Agreement or the earlier termination of this Agreement, whichever occurs later. The records retention period may be extended whenever: a. any litigation, claim, or audit is started before the expiration of the five-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. b. the SUBRECIPIENT is notified in writing by the CITY to extend the retention period. a. SUBRECIPIENT is to prepare written financial statements, and DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 10 2809494v1 / 18621.0003 completed ESG Quarterly Report, each in the form attached hereto as Exhibit D incorporated herein, each covering matters pertaining to the Scope of Services contained in Exhibit A, to be submitted to CITY no later than the thirtieth (30th) of the month following the end of each quarter hereunder for the duration hereof, absent CITY’s prior written consent in cases of unusual circumstances as determined in the sole discretion of the CITY. During the life of this Agreement and for a period of five (5) years after receipt of the final payment under this Agreement or the earlier termination of this Agreement, whichever occurs later, SUBRECIPIENT shall, at any time during normal business hours and as often as CITY and/or HUD or the authorized representative of either CITY or HUD may deem necessary, make available to them or any one of them, within the CITY of Fresno, such statements, records, reports, data and information as they may request pertaining to matters covered by this Agreement and permit them or any one of them to audit and inspect all records, invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to all matters covered by this Agreement. SUBRECIPIENT shall also permit and cooperate with on-site monitoring and personal interviews of participants, SUBRECIPIENT'S staff, and employees by Administrator and other CITY and/or HUD representatives. b. The SUBRECIPIENT is required to participate in the Fresno Madera Continuum of Care (FMCoC). Participation is defined as attendance of the Member or the Alternate Member at a minimum of seventy-five percent (75%) of all FMCoC Director’s meetings. SUBRECIPIENT’s attendance shall be confirmed through the Board-approved minutes of the FMCoC Board of Directors’ meeting. SUBRECIPIENT shall attach the most currently available monthly minutes of the FMCoC are to be attached to the ESG Quarterly Report. c. The SUBRECIPIENT is required to collect and report client-level data in accordance with HUD Office of Special Needs Assistance Programs (SNAPS) HMIS Data Standards, to the local HMIS operated by the Housing Authorities of the City and County of Fresno through a Memorandum of Understanding with the FMCoC or comparable databases are required for use by providers of services for victims of domestic violence, as described in the Violence Against Women Act (VAWA). Reporting into the HMIS database or allowed comparable database is a requirement of ESG funding. SUBRECIPIENT reporting must be consistent in format and data element structure with the Fresno Housing Authority HMIS Program Policies and Procedures Manual and the HUD HMIS Data Standards and Data Dictionary current at the execution of this Agreement. The comparable database will be maintained by the SUBRECIPIENT and used to collect data and report on outputs and outcomes as required by HUD. d. If SUBRECIPIENT provides legal services or domestic violence victim services requiring client-level information to remain confidential, they will be required to establish a comparable client-level database internal to its organization (e.g., no identifying data shared with the HMIS or the CITY and will provide only aggregate data to the CITY as required). SUBRECIPIENT will work with the HMIS System Administrator to determine that the alternative database meets the standards for comparable client- level databases, including compliance with the HMIS Data Standards which are acceptable to HUD and the CITY. DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 11 2809494v1 / 18621.0003 e. All data elements specified above in 12(d) must be recorded for each ESG project in HMIS and the fields needed to correctly generate the performance reports are required to be collected in the comparable database. f. The SUBRECIPIENT is required to provide housing unit and client data to the CITY of Fresno, or designee, to include in the Point in Time survey as administered by the Fresno-Madera Continuum of Care and as required by the HEARTH Act of 2009. This Section 13 shall survive expiration or termination of this Agreement. 14. Subawards. The SUBRECIPIENT shall not enter into an Agreement making a Subaward to a Subrecipient for any work contemplated under the Agreement without first obtaining the CITY’s written approval of the Subaward Agreement. An executed copy of every such Subaward Agreement approved by the Administrator shall be provided to CITY prior to implementation for retention in CITY's files. a. SUBRECIPIENT is responsible to CITY for the proper performance of any subcontract. No such subcontract shall relieve SUBRECIPIENT of its obligations under this Agreement. b. Any subcontract shall be subject to all the terms and conditions of this Agreement. c. No officer or director of SUBRECIPIENT shall have any direct or indirect financial interest in any subcontract made by SUBRECIPIENT or in any loan, purchase of property, or any other arrangement made by SUBRECIPIENT, by whatever name known. 15. Conflict of Interest and Non-Solicitation. a. Prior to CITY’S execution of this Agreement, SUBRECIPIENT shall complete a CITY of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit F. During the term of this Agreement, SUBRECIPIENT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by SUBRECIPIENT in such statement. b. SUBRECIPIENT shall comply, and require its subcontractors to comply, with all applicable 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 time, upon written request of CITY, SUBRECIPIENT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, SUBRECIPIENT and the respective subcontractor(s) are in full compliance with all laws and regulations. SUBRECIPIENT 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, SUBRECIPIENT shall immediately notify CITY of these facts in writing. c. In performing the work or Services to be provided hereunder, SUBRECIPIENT 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, DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 12 2809494v1 / 18621.0003 board, committee, or similar CITY body or within one (1) year of their termination therefrom. This requirement may be waived in writing by the CITY Manager, if no actual or potential conflict is involved. d. SUBRECIPIENT 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. ARTICLE 2 FEDERAL REQUIREMENTS SUBRECIPIENT warrants, covenants, and agrees, for itself and its contractors and subcontractors of all tiers, that it shall comply with all applicable requirements of the Lead- Based Paint Poisoning Prevention Act of 42 U.S.C. 4821 et seq., 24 CFR Part 35 and 24 CFR 982.401(j). In this regard SUBRECIPIENT shall be responsible for all inspection, testing and abatement activities. a. The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations at 24 CFR Part 35. In addition, the following requirements relating to inspection and abatement of defective lead-based paint surfaces must be satisfied: (1) Treatment of defective paint surfaces must be performed before final inspection and approval of the renovation, rehabilitation, or conversion activity under this part; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. b. The SUBRECIPIENT agrees to comply with all applicable requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended and HUD implementing regulation 24 CFR Part 8. c. SUBRECIPIENT agrees to comply with the federal requirements set forth in 24 CFR Part 5, except as explicitly modified below, and use of emergency shelter grant amounts must comply with the following requirements: (a) Nondiscrimination and equal opportunity. The nondiscrimination and equal opportunity requirements at 24 CFR Part 5 are modified as follows: i. Rehabilitation Act requirements. HUD’s regulations at 24 CFR Part 8 implement section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. ii. SUBRECIPIENT shall make known that use of the facilities and Services are available to all on a nondiscriminatory basis. If the procedures that the SUBRECIPIENT intends to use to make known the availability of the facilities and Services are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for such facilities and Services, the SUBRECIPIENT must establish additional procedures that will ensure that such persons are made aware of the facilities and Services. The SUBRECIPIENT must also adopt procedures which will make available to interested persons, information concerning the location of Services and facilities that are accessible to persons with disabilities. iii. The SUBRECIPIENT shall be responsible for complying with the policies, guidelines, and requirements of 24 CFR Part 85 (codified DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 13 2809494v1 / 18621.0003 pursuant to OMB Circular No. A-102) and OMB Circular No. A-87, as they relate to the acceptance and use of ESG funding by CITY, and Nos. A-110 and A-122 as they relate to the acceptance and use of emergency shelter grant amounts by private nonprofit organizations. The SUBRECIPIENT will be responsible for all aspects project contract award and management including the advertising for bids and shall award the contract to the lowest responsible and responsible bidder. The SUBRECIPIENT shall verify with the Labor Relations and Equal Opportunity Division of the HUD Area Office that the low bidder has not been debarred or suspended from participating in federal projects. d. SUBRECIPIENT warrants, covenants, and agrees that it shall perform the Services in a manner that does not engage in inherently religious activities and that does not engage in any prohibited activities described in 24 CFR 576.23. Without limitation, SUBRECIPIENT shall not unlawfully discriminate on the basis of religion and shall not provide religious instruction or counseling, conduct religious services or worship, engage in religious proselytizing, or exert other religious influence in pursuit hereof. Subject to the foregoing, SUBRECIPIENT does not intend to utilize ESG funding to construct, rehabilitate or convert facilities owned primarily by religious organizations or to assist primarily religious organizations in acquiring or leasing facilities to the extent prohibited in 24 CFR 576.23. e. SUBRECIPIENT shall perform the Services in compliance with, and not to cause or permit the Services to be in violation of, any existing or future environmental law, rule, regulation, ordinance, or statute. SUBRECIPIENT agrees that, if CITY has reasonable grounds to suspect any such violation, SUBRECIPIENT shall be entitled to thirty (30) day notice and opportunity to cure such violation. If the suspected violation is not cured, CITY shall have the right to retain an independent consultant to inspect and test the subject facilities for such violation. If a violation is discovered, SUBRECIPIENT shall pay for the cost of the independent consultant. f. The 2 CFR 200 Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards referenced in this Agreement are available at https://ecfr.io/Title-02/pt2.1.200 16. Relocation. a. SUBRECIPIENT shall assure that it has taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of this project and the Services rendered in pursuit thereof. b. A displaced person must be provided relocation assistance at the levels described in, and in accordance with, 49 CFR Part 24, which contains the government-wide regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655). 17. Further Assurances. a. This Agreement, when executed and delivered, shall constitute the legal, valid, and binding obligations of SUBRECIPIENT enforceable against SUBRECIPIENT in accordance with its respective terms, except as such enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium, or other similar laws of general applicability affecting the enforcement of DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 14 2809494v1 / 18621.0003 creditors’ rights generally and (b) the application of general principles of equity without the joiner of any other party. b. SUBRECIPIENT represents and warrants as of the date hereof that SUBRECIPIENT has obtained and, to the best of SUBRECIPIENT’s knowledge, is in compliance with all federal, state, and local governmental reviews, consents, authorizations, approvals, and licenses presently required by law to be obtained by SUBRECIPIENT for the Services as of the date hereof. c. In the performance of this Agreement, SUBRECIPIENT shall promptly and faithfully comply with, conform to, and obey the ACT and all amendments thereto, and shall maintain all facilities hereunder in compliance with building, health, and safety codes. d. SUBRECIPIENT shall be solely responsible and liable for any recapture or repayment obligation imposed by HUD due to any act or omission of SUBRECIPIENT in pursuit hereof. e. SUBRECIPIENT acknowledges that SUBRECIPIENT, not the CITY, is responsible for determining applicability of and compliance with the ACT and all other applicable local, state, and federal laws including, but not limited to, any applicable provisions of the California Labor Code, Public Contract Code, and Government Code. The CITY makes no express or implied representation as to the applicability or inapplicability of any such laws to this Agreement or to the Parties’ respective rights or obligations hereunder including, but not limited to, competitive bidding, prevailing wage subcontractor listing, or similar or different matters. SUBRECIPIENT further acknowledges that the CITY shall not be liable or responsible at law or in equity for any failure by SUBRECIPIENT to comply with any such laws, regardless of whether the CITY knew or should have known of the need for such compliance, or whether the CITY failed to notify SUBRECIPIENT of the need for such compliance. f. SUBRECIPIENT agrees to comply with the CITY’s Fair Employment Practices and shall not employ discriminatory practices in the provision of the Services, employment of personnel, or in any other respect on the basis of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a veteran with disabilities or veteran of the Vietnam era, medical condition, or physical or mental disability. During the performance of this Agreement, SUBRECIPIENT agrees as follows: g. SUBRECIPIENT will comply with all laws and regulations, as applicable. No person in the United States shall, on the grounds of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability 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. SUBRECIPIENT will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, and status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability. DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 15 2809494v1 / 18621.0003 SUBRECIPIENT shall take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. h. SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability. i. SUBRECIPIENT 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 SUBRECIPIENT’s commitment under this Section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ARTICLE 3 GENERAL PROVISIONS 18. Amendment. This Agreement shall not be modified except by written amendment approved by the CITY Council and SUBRECIPIENT’s Board and signed by the Parties. Where it is determined by the Administrator that there is a need to make any change in the Program, Services to be performed, fiscal procedures and system, or the terms and conditions of this Agreement (including, without limitation, any changes necessary to comply with changes in federal, state, or local laws or regulations), refusal by SUBRECIPIENT to accept the change is grounds for termination of this Agreement. Notwithstanding the foregoing, approval of the CITY Council is not required for (i) insubstantial adjustments in line items within the total approved budget, not affecting the total approved budget amount, approved by the Administrator in his/her sole discretion; (ii) insubstantial changes in the nature or scope of services specified in this Agreement approved by the Administrator in his/her sole discretion; and (iii) changes to the insurance requirements specified in Exhibit E approved by CITY’s Risk Manager in his or her sole discretion. 19. Public Information. SUBRECIPIENT shall disclose all of its funding sources to CITY which, thereafter, will be public information. 20. Copyrights/Patents. a. If this Agreement results in a book or other copyrightable material, the author may seek any available copyright protection for the work unless a work for hire. CITY reserves a royalty-free, nonexclusive, irrevocable, and assignable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted. DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 16 2809494v1 / 18621.0003 b. Any discovery or invention arising out of or developed in the course of work aided by this Agreement, shall promptly and fully be reported to CITY for determination by CITY as to whether patent protection on such invention or discovery, including rights thereto under any patent issued thereon (reserved henceforth onto CITY), shall be imposed, and administered, in order to protect the public interest. 21. Political Activity Prohibited. None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any political activity, or to further the election or defeat of any ballot measure or candidate for public office. 22. Lobbying Prohibited. None of the funds provided under this Agreement shall be used for publicity, lobbying or propaganda purposes designed to support or defeat legislation pending before any legislative body. 23. 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. It is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 24. Nondiscrimination. To the extent required by controlling federal, state, and local law, SUBRECIPIENT 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, SUBRECIPIENT agrees as follows: a. SUBRECIPIENT 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. SUBRECIPIENT 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. SUBRECIPIENT 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 SUBRECIPIENT’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. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 17 2809494v1 / 18621.0003 SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of SUBRECIPIENT 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. c. SUBRECIPIENT 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 SUBRECIPIENT’S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 25. Independent Contractor. a. In the furnishing of the services provided for herein, SUBRECIPIENT is acting as an independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venture, 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 SUBRECIPIENT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof. b. This Agreement does not evidence a partnership or joint venture between SUBRECIPIENT and CITY. SUBRECIPIENT shall have no authority to bind CITY absent CITY’S express written consent. Except to the extent otherwise provided in this Agreement, SUBRECIPIENT shall bear its own costs and expenses in pursuit thereof. c. Because of its status as an independent contractor, SUBRECIPIENT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. SUBRECIPIENT shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, SUBRECIPIENT shall be solely responsible and save CITY harmless from all matters relating to payment of SUBRECIPIENT’S employees, including, without limitation, compliance with Social Security withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to CITY or to this Agreement. 26. 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. 27. Binding. Once this Agreement is signed by all parties, it shall be binding DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 18 2809494v1 / 18621.0003 upon, and shall inure to the benefit of, all Parties, and each Parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 28. Assignment. a. This Agreement is personal to SUBRECIPIENT and there shall be no assignment by SUBRECIPIENT of its rights or obligations under this Agreement without the prior written approval of the Administrator. Any attempted assignment by SUBRECIPIENT, its successors or assigns, shall be null and void unless approved in writing by the Administrator. b. SUBRECIPIENT hereby agrees not to assign the payment of any monies due SUBRECIPIENT 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 SUBRECIPIENT directly to SUBRECIPIENT. 29. Compliance with Law. In providing the services required under this Agreement, SUBRECIPIENT 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 life of this Agreement. 30. 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. 31. 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 , California. 32. 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. 33. 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. 34. 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 any Party, but rather by construing the terms in accordance with their generally accepted meaning. 35. 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. DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 19 2809494v1 / 18621.0003 36. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 37. Precedence of Documents. The order of precedence of documents shall be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for this project; (2) Permits from other agencies as may be required by law; (3) Supplemental Agreements or this Agreement the one dated later having precedence over another dated earlier; (4) ESG Policies and Procedures (5) General Conditions. Whenever any conflict appears in any portion of the Contract, it shall be resolved by application of the order of precedence. 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, are null and void. 38. 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. 39. 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. [SIGNATURES APPEAR ON NEXT PAGE] DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 19 2809494v1 / 18621.0003 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, A California municipal corporation By: Georgeanne A. White, City Manager APPROVED AS TO FORM: RINA M. GONZALES Interim City Attorney By: Tracy N. Parvanian Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Elevate Community Services, Inc. A 501 (c) (3) Nonprofit By: Name: Title: By: Name: Title: Addresses: CITY: City of Fresno, Planning and Development, Housing and Community Development Attention: Thomas Morgan, Manager 2600 Fresno Street, CH3N 3065, Fresno CA 93721 Phone: (559) 621-8403 SUBRECIPIENT: Elevate Community Services, Inc. Attention: Katie Wilbur Executive Director 225 W. Clinton Ave, Fresno, CA 93705 Phone: (585) 314-3914 Attachments: 1. Exhibit A – Scope of Services 2. Exhibit B – Budget Summary 3. Exhibit C - Spending Plan 4. Exhibit D – ESG Quarterly Report 5. Exhibit E – Insurance Requirements 6. Exhibit F – No Conflict of Interest Certification Form Wayne RutledgePresident DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 12/14/2022 12/15/2022 12/15/2022 20 2809494v1 / 18621.0003 EXHIBIT A SCOPE OF SERVICES Agreement Between CITY OF FRESNO and Elevate Community Services, Inc. Project: Low Barrier Triage Center/ Emergency Shelter (Formerly known as the Travel Inn) Scope of Work The SUBRECIPIENT will increase staff with three full time case managers to provide intensive case management services that focus on helping participants develop a housing plan and overcome barriers to attaining permanent housing. Case Managers will connect participants to support services and benefits necessary to overcome barriers preventing them from obtaining and retaining permanent housing. Record Retention and Reporting Requirements The SUBRECIPIENT must retain records in accordance 24 CFR Subpart F – Grant Administration, § 576.500, Recordkeeping and Reporting Requirements. HUD requires recipients to report the uses of ESG-CV funding in their Consolidated Annual Performance and Evaluation Report (CAPER) and through submission of project data into the SAGE Homeless Management Information System (HMIS) Repository. Quarterly reporting from the SUBRECIPIENT to the City is mandatory to meet this requirement. The CITY’s quarterly reporting requirements are described within this Agreement and the report form is attached as Exhibit D. Monitoring The SUBRECIPIENT must monitor any and all subawards to subrecipients in accordance with U.S Department of Housing and Urban Development (HUD) requirements. The SUBRECIPIENT is further encouraged to use HUD CPD Monitoring Handbook - 6509.2 REV-7, CHG-1. In conducting their monitoring reviews The SUBRECIPIENT acknowledges that the CITY is required to periodically monitor the SUBRECIPIENT’s delivery of the subject ESG-CV funding. The CITY will utilize the guidance in HUD CPD Monitoring Handbook - 6509.2 REV-7, CHG-1 as well as 24 CFR 756, 2 CFR 200 and this Agreement when conducting on-site and desk monitoring reviews. Progressive Expenditure Deadlines and Recapture Provisions To ensure ESG-CV funds are spent quickly on eligible activities to address the public health and economic crises caused by coronavirus, HUD is requiring that the CITY complete eligible reimbursement draw-downs from the U.S. Treasury within 90 days of the last day of the applicable progressive expenditure deadline cycle. To ensure that the CITY meets this HUD requirement, the CITY has set forth a Spending Plan by Progressive Expenditure Deadline, which is included in EXHIBIT C to this AGREEMENT, and a reimbursement request and accomplishment data processing DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 21 2809494v1 / 18621.0003 schedule that may be found in TABLE 1 below and more fully described in subsequent narrative. TABLE 1 A. Progressive Expenditure Deadline - Percentage of Grant Award B. Expenditure Cycle Ending: C. Request for Reimbursement Packet and Accomplishment Data Submitted by SUBRECIPIENT to CITY By/Before D. SUBRECIPIENT Reimbursement and Data Packet Deficiencies Cured By/Before: E. CITY Uploads Accomplishment Data into HUD Reporting System By/Before F. CITY Completes HUD IDIS Drawdown By/Before: 20% Dec. 31, 2022 Jan. 31, 2023 Feb. 28, 2023 Jan. 31, 2023 Mar. 15, 2023 80% Jun. 30, 2023 Jul. 31, 2023 Aug. 31, 2023 Jul. 31, 2023 Sept. 15, 2023 100% Sept. 30, 2023 Oct. 31, 2023 Nov. 30, 2023 Oct. 31, 2023 Nov. 15, 2023 Consistent with Table 1 and HUD and CITY requirements, the City will recapture: i) the expenditure shortfall up to 20 percent of the SUBRECIPIENTs total ESG-CV award should the SUBRECIPIENT not request by January 31, 2023 reimbursement for eligible and allowed costs for at least 20% of the ESG-CV award for the expenditure cycle ending December 31, 2023 ii) recapture the expenditure shortfall up to 80 percent of the SUBRECIPIENTs total ESG-CV award should the SUBRECIPIENT not request by July 31, 2023 reimbursement for eligible and allowed costs for at least 80% of expended eligible and allowed costs under the ESG-CV award for the expenditure cycle ending June 30, 2023; iii) recapture the expenditure shortfall up to 100 percent of the SUBRECIPIENTs total ESG-CV award should the SUBRECIPIENT not request by October 31, 2023 reimbursement for eligible and allowed costs for at least 100% of expended eligible and allowed costs under the ESG-CV award for the expenditure cycle ending September 30, 2023. These periods and reimbursement request due dates are summarized in Table 1, Columns A, B, and C, above In the event the CITY determines that a reimbursement request or portions thereof are eligible for reimbursement, but inadequately supported, the CITY may provide the SUBRECIPIENT additional time to correct and cure the reimbursement request defect by providing additional supporting documentation. The period for curing documentation defects for draws in a particular expenditure deadline cycle shall expire on the respective dates provided in Column D of Table 1 in this Exhibit. Shall the defect not be fully cured by the cure expirations date, the costs associated with the defect will be disallowed. In the event the disallowed costs results in the total reimbursement for the expenditure cycle falling short of the amount required for the meeting the cycle’s progressive expenditure deadline amount as provided in EXHIBIT C, the CITY will recapture the amount of the expenditure shortfall for the cycle. Accomplishment data defects must also be cured by the respective dates provided in Column D Table 1 in this Exhibit A. Accomplishment data defects not corrected DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 22 2809494v1 / 18621.0003 by the applicable dates may result in the suspension of reimbursement request processing and the making of reimbursement payments until such time as the data defect is cured by the SUBRECIPIENT. In the event that a suspension results in the failure to achieve an expenditure deadline requirement, the CITY will recapture the entire amount associated with the expenditure deadline cycle. DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 2809494v1 / 18621.0003 EXHIBIT B BUDGET SUMMARY Agreement Between CITY OF FRESNO and Elevate Community Services, Inc. Coronavirus Emergency Solutions Grant (ESG-CV) The Project will be funded with ESG-CV, these sources and uses of funds pertain to the ESG-CV funds for this Activity. SOURCE OF CITY FUNDS Program Year (PY) Program Award Amount 2020 HUD ESG-Coronavirus (ESG-CV) $ 253,266.21 2020 TOTAL CITY ESG-CV $ 253,266.21 USE OF CITY ESG FUNDS Use of Funds Amount Implementation of Program Services in accordance with the subject CITY AND SUBRECIPIENT Emergency Shelter Agreement and Scope of Work, EXHIBIT A to this Agreement $253,266.21 TOTAL NOT TO EXCEED $253,266.21 DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 2809494v1 / 18621.0003 EXHIBIT C SPENDING PLAN BY EXPENDITURE DEADLINES AGREEMENT BETWEEN CITY OF FRESNO AND Elevate Community Services, Inc. Expected Invoice Submission by October 31, 2022 for Month Ending: Expected Invoice Submission by November 30, 2022 for Month Ending: Expected Invoice Submission by December 31, 2022 for Month Ending: Expected Invoice Submission by January 31, 2023 for Month Ending: 30-Sep-2022 31-Oct-2022 30-Nov-2022 31-Dec-2022 Intial Award 253,266.21$ Program Expense 16,000$ 19,482$ 19,482$ 19,482$ 35,482$ 16,000.00$ 19,482.02$ 19,482.02$ 19,482.02$ 35,482$ ` Cumulative Expenditure 16,000.00$ 35,482.02$ 54,964.04$ 74,446.06$ 74,446 Cumulative % Expended 6.3%14.0%21.7%29.4%29.4% 50,653 23,793 TOTAL 253,266.21$ Expected Invoice Submission by February 28, 2023 for Month Ending: Expected Invoice Submission by March 31, 2023 for Month Ending: Expected Invoice Submission by April 30, 2023 for Month Ending: Expected Invoice Submission by May 31, 2023 for Month Ending: Expected Invoice Submission by June 30, 2023 for Month Ending: Expected Invoice Submission by July 31, 2023 for Month Ending: 31-Jan-2023 28-Feb-2023 31-Mar-2023 30-Apr-2023 31-May-2023 30-Jun-2023 Program Expense 20,062$ 20,062$ 20,062$ 20,062$ 20,062$ 20,062$ 40,124 20,062.00$ 20,062.00$ 20,062.00$ 20,062.00$ 20,062.00$ 20,062.00$ 40,124$ ` Cumulative Expenditure 94,508.06$ 114,570.06$ 134,632.06$ 154,694.06$ 174,756.06$ 194,818.06$ 233,784 Cumulative % Expended 37.3%45.2%53.2%61.1%69.0%76.9%76.9% 202,613 31,171 Expected Invoice Submission by August 31, 2023 for Month Ending: Expected Invoice Submission by Septeber 30, 2023 for Month Ending: Expected Invoice Submission by Ocotber 31, 2023 for Month Ending: 31-Jul-2023 31-Aug-2023 30-Sep-2023 Program Expense 19,483.00$ 19,483.00$ 19,482.15$ 19,482 19,483.00$ 19,483.00$ 19,482.15$ 19,482$ ` Cumulative Expenditure 214,301.06$ 233,784.06$ 253,266.21$ 253,266.21 Cumulative % Expended 84.6%92.3%100.0%100.0% 253,266.21 100% Cycle Surplus /Deficit 20% Cycle Surplus /Deficit 80% Shortfall 20% Shortfall 100% of Grant 80% of Grant Sum of Invoice Submissions for Meeting 20% Deadline (Sum of Column G thru Column j) Grant Use Award Adjust Award -20% Adjusted Adjust Award -80% Adjusted 100% shortfall Reduction 80% Cycle Surplus /Deficit 20% of Grant Sum of Invoice Submissions for Meeting 80% Deadline (Sum of Column G thru Column L) Sum of Invoice Submissions for Meeting 80% Deadline (Sum of Column G thru Column L) DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 2809494v1 / 18621.0003 EXHIBIT D QUARTERLY REPORT AGREEMENT BETWEEN CITY OF FRESNO AND Elevate Community Services, Inc. Coronavirus Emergency Solutions Grant (ESG-CV) Note: Below are4 snapshots of the 4 Excel worksheets making up the ESG Quarterly Report. Contact Erika Lopez at Erika.Lopez@fresno.gov to receive the Report in Excel. The entire report should be completed and submitted quarterly in Excel to HCDD@fresno.gov with a copy to Erika Lopez Project Sponsor Name :Project Sponsor ID (DUNS #) Federal Award Identification Number (ESG Grant #): E-20-MW-60-0001 Federal Award Date:2-Apr-20 Federal Funds Obligated by This Agreement: Federal Funds Obligated to Project Sponsor:-$ Total Amount of the Federal Award for this Activity Name of Federal Awarding Agency Department of Housing and Urban Development (HUD) Name of Pass-Through Entity:City of Fresno, CA Award Official Contact Person: Erika Lopez, erika.lopez@fresno.gov CDFA Name:Emergency Solutions Grant Program, 14.231 Award Official Address:2600 Fresno St., CHN 3065, Fresno CA 93721 Identification of R & D:None Maximum Indirect Cost Rate for the Federal Award Not to Exceed 10.0% di minimus indirect rate or indirect rate approved by cognizant agency Date of Contract Execution (mm/dd/xx) Accomplishment Year (HUD Program Year)2020 Period of Performance Start Date (mm/dd/xx) Action Plan Year / IDIS Project ID Number 2020/10 Activity ESG-CV Total ESG-CV Funds Expended (PYTD)-$ Percent of ESG Award Expended #DIV/0! Total Funds Expended Indirect Cost (PYTD)-$ Report prepared by:Date report prepared: For City Used Only:IDIS Activity ID #:Reviewed by: Date of review: Activity Accomplishment Narrative: (Maximum 500 characters) Project Description, Goals and Objectives: (Maximum 500 characters) T DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 2809494v1 / 18621.0003 Project Sponsor:0 Activity(s):ES Date of Contract Execution (mm/dd/xxxx)01/00/00 Accomplishment Year (HUD Program Year)2020 Period of Performance Start Date (mm/dd/xxxx)01/00/00 Period of Performance End Date (mm/dd/xxxx)01/00/00 0 0 0 0 0 0 0 0 0 0 0 0 0 Number of Veterans Served Without Children With Children and Adults Total Chronically Homeless Veteran 0 0 0 Non-Chronically Homeless Veteran 0 0 0 0 0 0 0 0 0 0 0 0 Leavers Stayers 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Expenditures Total ESG-CV1 Expended (PYTD)-$ Street Outreach Expenditures -$ Rapid Rehousing Expend.-$ Emergency Shelter Expend.-$ Homeless Prevention Expend -$ Report Prepared by:Date Prepared For City Used Only:IDIS Activity ID #:Reviewed by: Date of review: 366 to 730 days (1-2 Yrs.) 0 to 7 days 8 to 14 days 15 to 21 days 22 to 30 days 31 to 60 days 61 to 90 days 91 to 180 days 181 to 365 days Data Not Collected Total Number of Youth Under Age 25 Number of Parenting Youth Under Age 25 with Children Number of Adult Heads of Household Number of Child and Unknown-Age Heads of Household Other Characteristics of Persons Served Number of Chronically Homeless Persons Referrals participants completed Referrals for Additional Services Number of Referrals to participants Total Number of Persons Served Total Number of Leavers Number of Particpients from Prior Reporting Period Number of Particapants from Prior Report Period Number of Persons Contacted Once Number of Persons 2- 5 Contacts Number of Persons 6-9 Contacts Number of Persons 10 + Contacts Number of Adults (Age 18 or Over) Number of Children (Under Age 18) Number of Persons with Unknown Age Number of Leavers Number of Adult Leavers Number of Adult and Head of Household Leavers Accomplishment Narrative: (Maximum 500 characters) Total Persons Engaged Number of Persons who tested Positive for COVID-19 Number of Persons Engaged Number of Persons Served Number of Persons affected by COVID-19 Number of Partcipants who Exited Program Number of Persons who tested Negative for COVID-19 Total Persons Served Length of Participation Total Veterans Served Total Number of Stayers Number of Partcipants at End of Reporting Period Number of Stayers Number of Adult Stayers Total Persons Tested DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 2809494v1 / 18621.0003 Project Sponsor:0 Activity(s): Date of Contract Execution (mm/dd/xxxx)01/00/00 Accomplishment Year (HUD Program Year)2020 Period of Performance Start Date (mm/dd/xxxx)01/00/00 Period of Performance End Date (mm/dd/xxxx)01/00/00 Expenditures for Homelessness Prevention Project Name: Rental Housing -$ Relocation and Stabilization Services - Financial Assistance -$ Relocation and Stabilization Services - Services -$ Hazard Pay (unique activity) -$ Landlord Incentives (unique activity) -$ Volunteer Incentives (unique activity) -$ Training (unique activity) -$ Subtotal Homelessness Prevention -$ Expenditures for Rapid Rehousing Project Name: Rental Housing -$ Relocation and Stabilization Services - Financial Assistance -$ Relocation and Stabilization Services - Services -$ Hazard Pay (unique activity) -$ Landlord Incentives (unique activity) -$ Volunteer Incentives (unique activity) -$ Training (unique activity) -$ Subtotal Rapid Rehousing -$ Expenditures for Emergency Shelter (Normal) Project Name: Essential Services -$ Operations -$ Renovation -$ Major Rehab -$ Conversion -$ Hazard Pay (unique activity) -$ Volunteer Incentives (unique activity) -$ Training (unique activity) -$ Subtotal Emergency Shelter -$ Expenditures for Temporary Emergency Shelter Project Name: Essential Services -$ Operations -$ Leasing existing real property or temporary structures -$ Acquisition -$ Renovation -$ Hazard Pay (unique activity) -$ Volunteer Incentives (unique activity) -$ Training (unique activity) -$ Other Shelter Costs -$ Subtotal Temporary Emergency Shelter -$ Expenditures for Street Outreach Project Name: Essential Services -$ Hazard Pay (unique activity) -$ Handwashing stations/portable bathrooms (unique activity) -$ Volunteer Incentives (unique activity) -$ Training (unique activity) -$ Subtotal Temporary Emergency Shelter -$ Other ESG-CV Expenditures Project Name: Training (unique activity) -$ HMIS -$ Administration -$ Subtotal Temporary Emergency Shelter -$ Total CV Expenditures -$ ESG-CV DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 2809494v1 / 18621.0003 Project Sponsor:0 Activity:HMIS Date of Contract Execution (mm/dd/xxxx)01/00/00 Accomplishment Year (HUD Program Year)2020 Period of Performance Start Date (mm/dd/xxxx)01/00/00 Period of Performance End Date (mm/dd/xxxx)01/00/00 0 Total ESG Funded Expended by Subrecipient/Contractor (PYTD)-$ Total Funds Expended for HMIS (PYTD)-$ Report prepared by:Date report prepared: For City Used Only:IDIS Activity ID #:Reviewed by: Date of review: Accomplishment Narrative: (Maximum 500 characters) Number of HMIS Entries Made During the Reporting Period DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 2809494v1 / 18621.0003 EXHIBIT E Agreement Between CITY OF FRESNO and Elevate Community Services, Inc. Coronavirus Emergency Solutions Grant (ESG-CV) 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 ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to SUBRECIPIENT’s profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE SUBRECIPIENT, or any party the SUBRECIPIENT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named 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, DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 2809494v1 / 18621.0003 (iv) $2,000,000 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. 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 SUBRECIPIENT 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 SUBRECIPIENT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SUBRECIPIENT 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 CITY, its officers, officials, employees, agents, and volunteers; or (ii) SUBRECIPIENT 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 The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. SUBRECIPIENT shall establish additional insured status for the City and for all operations by use of ISO Form CG 20 26 04 13 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 26 04 13. . DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 2809494v1 / 18621.0003 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, SUBRECIPIENT’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 SUBRECIPIENT’s insurance and shall not contribute with it. SUBRECIPIENT 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: SUBRECIPIENT and its insurer shall waive any right of subrogation against 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 SUBRECIPIENT. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 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 SUBRECIPIENT, SUBRECIPIENT must purchase “extended reporting” coverage for a minimum of five (5) 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 CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. SUBRECIPIENT 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, SUBRECIPIENT 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, SUBRECIPIENT DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 2809494v1 / 18621.0003 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. 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 policies will be twice the above stated limits. The fact that insurance is obtained by SUBRECIPIENT shall not be deemed to release or diminish the liability of SUBRECIPIENT, 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 SUBRECIPIENT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SUBRECIPIENT, its principals, officers, agents, employees, persons under the supervision of SUBRECIPIENT, vendors, suppliers, invitees, consultant, sub-consultant, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If SUBRECIPIENT subcontracts any or all of the services to be performed under this Agreement, SUBRECIPIENT shall require, at the discretion of the CITY 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 CITY Risk Manager or designee. If no Side Agreement is required, SUBRECIPIENT will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE SUBRECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, SUBRECIPIENT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA 2809494v1 / 18621.0003 EXHIBIT F AGREEMENT BETWEEN CITY OF FRESNO AND Elevate Community Services, Inc. Coronavirus Emergency Solutions Grant (ESG-CV) No Conflict of Interest Certification (HUD Programs) Subrecipient or Applicant acknowledges and understands that, under HUD conflict of interest rules at 24 CFR 92.356 (HOME), 24 CFR 570.611 (CDBG), 24 CFR 574.625 (HOPWA), or 24 CFR 576.404 (ESG), and OMB rules at 2 CFR 112 and 2 CFR 318 (C)(1)], an employee, agent, consultant, officer, or elected or appointed official of the subrecipient, applicant or City of Fresno who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG, HOME, ESG or HOPWA funds or who is in a position to participate in a decision making process or gain inside information with regard to these activities (each “Covered Person”), may not obtain a financial interest or benefit from a CDBG, HOME, ESG or HOPWA- assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one (1) year thereafter. (SELECT ONLY THE CERTIFICATION THAT APPLIES TO THIS AGREEMENT OR APPLICATION. DO NOT SIGN BOTH.) ☐ Subrecipient or Applicant hereby certifies that no “covered person” in its agency or corporation is currently a Covered Person and has not been a Covered Person for a period of at least one (1) calendar year prior to the date of this agreement or application. Name Signature Date OR ☐ Subrecipient or Applicant hereby certifies that subrecipient/applicant organization includes a Covered Person as defined above, or because subrecipient/applicant has a family or business relationship with a Covered Person. Name Signature Date Please provide a separate certification for each “covered person” and select the type of covered person. ☐ Employee ☐ Agent ☐ Consultant ☐ Officer ☐ Elected Official ☐ Appointed Official The Covered Person is: ☐ Subrecipient/Applicant “covered person” ☐ Family member-name: (please print clearly) ☐ Business associate-name: (please print clearly) A Covered Person does not automatically disqualify an entity from participating in a HUD assisted program. If a covered person is identified, the Senior Management Analyst or Project Manager will assist you with the additional steps that must be taken before the organization’s agreement or application can be funded. A person may become a “covered person” at any time during the implementation process and this will include beneficiaries receiving assistance provided through this agreement or application who are or have a relationship with a covered person of the applicant or of City of Fresno. A new certification is required each time a covered person is identified. Wayne Rutledge 12/7/22 DocuSign Envelope ID: 45337AC0-6A4F-4586-B8B6-2B699CB00EEA City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1000 Agenda Date:6/29/2023 Agenda #: 1.-R. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:AHMAD ALKHAYYAT, PE, MBA, Assistant Director Department of Public Utilities - Solid Waste Management Division SUBJECT BILL - (for Introduction) - Granting a non-exclusive roll-off franchise for roll-off collection within the City of Fresno to Valley Dumpster Service LLC in preparation for a public hearing on the matter and final vote to approve the non-exclusive franchise on August 10, 2023, at 10:00 a.m. (Citywide). RECOMMENDATION Staff recommends the City Council introduce a Bill which grants a non-exclusive roll-off collection franchise to Valley Dumpsters LLC, in preparation for a public hearing on the matter and final vote to approve the non-exclusive roll-off franchise on August 10, 2023, at 10:00 a.m. EXECUTIVE SUMMARY The City Council approved Resolution of Intention 2023-149 on May 25, 2023. The next step is to introduce an ordinance establishing a Non-Exclusive Roll-Off (NERO) collection franchise system for private haulers under City Charter Article XIII, Section 1300. The most recent application requires City Council approval to be added to the list of franchisees. To meet the granted public hearing date and time of August 10, 2023, at 10:00 a.m., this item cannot be continued to a later City Council meeting date. BACKGROUND On May 25, 2023, staff went to City Council to initiate the first of the three steps to establish non- exclusive roll off collection franchise to Valley dumpster Service LLC. The City Council approved the Resolution of Intention 2023-149 allowing the staff to proceed with the second step of the process and that is the Bill introduction. On July 21, 2011, the City Council adopted an ordinance establishing a NERO collection franchise system to regulate roll-off hauler collection activities. The Solid Waste Management Division (SWMD) currently oversees 26 NERO franchisees. The City accepts new applications from companies for NERO collection service throughout the year and processes renewals from March 1 through April 30. City of Fresno Printed on 7/18/2023Page 1 of 2 powered by Legistar™ 6/29/2023 NEW FILE ID 23-1078 B-22 APPROVED ON CONSENT File #:ID 23-1000 Agenda Date:6/29/2023 Agenda #: 1.-R. NERO collection service throughout the year and processes renewals from March 1 through April 30. The volume of roll-off materials collected is approximately 20-25 percent of the solid waste stream and highly recyclable,therefore the City has implemented the system to comply with current and anticipated State regulations related to the diversion of such materials from landfill diversion. During the NERO application process,the haulers may apply to the City to obtain a NERO franchise. The applicant must describe and provide information,qualifications,type of operations,and other details about the company as requested by the SWMD. The submitted NERO franchise application has been thoroughly reviewed and recommended for approval by City staff. Per City Charter,if NERO collection franchises are to be awarded,City Council must perform an introduction and first reading of an ordinance awarding the franchise.The City Council approved Resolution of Intention 2023-149 on May 25,2023.A public hearing will be held on August 10,2023, for this.At the conclusion of the public hearing,City Council will decide whether to award the franchise. If approved by City Council,the Director of the Department of Public Utilities will execute the agreement with the franchisee,Valley Dumpster Service LLC.The City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)guidelines Section 15378 this item does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented because a Bill for introduction to award a Non-Exclusive Roll- Off Franchise is not an award of a services or construction contract. FISCAL IMPACT In FY24,the City anticipates receiving approximately $1,180,000 (One Million One Hundred Eighty Thousand Dollars) in total annual franchise fees from roll-off haulers. Attachments: Attachment 1 - Resolution of Intention 2023-149 Attachment 2 - Bill Granting NERO - Valley Dumpster Service LLC Attachment 3 - Non-Exclusive franchise Agreement - Valley Dumpster Service LLC Attachment 4 - City of Fresno NERO Application Cover Letter City of Fresno Printed on 7/18/2023Page 2 of 2 powered by Legistar™ 1 of 3 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, WHICH GRANTS TO VALLEY DUMPSTER SERVICE LLC, A NON-EXCLUSIVE FRANCHISE FOR ROLL-OFF COLLECTION SERVICES WITHIN THE CITY OF FRESNO THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. This Ordinance effectuates the terms and conditions set forth in the form of the Franchise Agreements executed by the City and the Contractor(s) Valley Dumpster Service LLC. SECTION 2. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions; and words or phrases not hereinafter in this section defined, but which are defined in any Franchise Document, as herein defined, shall have the same meanings herein, as so defined in such Franchise Documents (unless, in the given instance, the context wherein they are used shall clearly import a different meaning): (a) "Contractor" shall mean Valley Dumpster Service LLC. (b) "Franchise Documents" shall mean and shall include all of the following: (1) Article XIII of the Charter of the City of Fresno. (2) Chapter 6, Article 2, of the Fresno Municipal Code. (3) The Non-Exclusive Franchise Agreements for Roll-Off Collection Services. 2 of 3 (4) The written acceptance of the granting of a Non-Exclusive Franchise to Contractors. (5) Resolution No. _________, Resolution of Intention to grant Franchises to the Contractors. (6) This Ordinance. (7) Any and all documents which are referred to, defined, or described in any of the foregoing as "Franchise Documents." (c) "Franchise Fee" shall mean the fee paid by the Contractors to the City for the privilege to hold the non-exclusive rights granted by the Franchise Agreement and as defined within Section 8.2 of the Non-Exclusive Franchise Agreement. SECTION 3. Non-Exclusive Franchise Authorizing and permitting the Contractors to do all things described by the Franchise Documents is hereby granted to the Contractors. SECTION 4. The terms of the Non-Exclusive Franchise Agreements shall be expressly stated in Attachment A, which is attached hereto and incorporated by reference. SECTION 5. Contractors shall pay to the City all Franchise Fees and other fees that are due and payable pursuant to the Franchise Agreements. SECTION 6. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. 3 of 3 * * * * * * * * * * * * * * 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: Angela M. Karst Date Deputy City Attorney Attachments: Attachment A - Non-Exclusive Franchise Agreement NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF FRESNO AND VALLEY DUMPSTER SERVICE LLC FOR ROLL-OFF COLLECTION SERVICES _______ ,2023 This page intentionally blank Table of Contents RECITALS ....................................................................................................................... 7 ARTICLE DEFINITIONS ................................................................................................... 8 ARTICLE 2 REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR .......... 15 2.1 REPRESENTATIONS AND WARRANTIES .......................................................... 15 ARTICLE 3 TERM OF AGREEMENT ............................................................................... 16 3. 1 EFFECTIVE DATE ................................................................................................ 16 3 .2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT ...................................... 17 3.3 INITIAL TERM ...................................................................................................... 17 3.4 OPTION TO EXTEND ........................................................................................... 17 ARTICLE 4 SCOPE OF AGREEMENT ............................................................................ 18 4.1 SCOPE OF AGREEMENT .................................................................................... 18 4 .2 LIMITATIONS TO SCOPE .................................................................................... 19 4.3 CITY'S RIGHT TO GRANT MULTIPLE NON-EXCLUSIVE AGREEMENTS .......... 20 4.4 CITY'S RIGHT TO EXCLUDE NEWLY ANNEXED TERRITORY FROM SCOPE OF FRANCHISE ................................................................................................... 20 4.5 AGREEMENT CONSISTENT WITH APPLICABLE LAW ...................................... 20 4.6 OWNERSHIP OF MATERIALS ............................................................................. 20 4 .7 NOTIFICATION TO CITY OF NON-FRANCHISED HAULERS ............................. 21 ARTICLE 5 COLLECTION, PROCESSING, AND DISPOSAL SERVICES ...................... 21 5.1 COLLECTION ....................................................................................................... 21 5.2 PROCESSING AND MARKETING SERVICES ..................................................... 21 5.3 DIVERSION REQUIREMENT ............................................................................... 23 5.4 DISPOSAL ............................................................................................................ 23 5.5 BILLING ................................................................................................................ 24 5.6 CUSTOMER SERVICE ......................................................................................... 25 ARTICLE 6 STANDARDS AND REQUIREMENTS FOR SERVICES, EQUIPMENT, AND PERSONNEL ........................................................................................................... 25 6.1 OPERATING DAYS, HOURS, AND SCHEDULES ................................................ 25 6.2 COLLECTION STANDARDS ................................................................................ 25 6.3 VEHICLE REQUIREMENTS ................................................................................. 27 6.4 ROLL-OFF CONTAINER REQUIREMENTS ......................................................... 28 6.5 PERSONNEL ........................................................................................................ 30 6.6 HAZARDOUS WASTE INSPECTION AND HANDLING ........................................ 30 6 .7 NON-DISCRIMINATION ....................................................................................... 32 6.8 COMMUNICATION AND COOPERATION WITH CITY ......................................... 32 ARTICLE 7 RECORD KEEPING AND REPORTING ....................................................... 32 7.1 GENERAL ............................................................................................................ 32 7 .2 RECORDS ............................................................................................................ 33 7.3 GENERAL REPORTING REQUIREMENTS ......................................................... 35 7.4 MONTHLY REPORT ............................................................................................ 35 7.5 AB 939 COUNTY SURCHARGE REPORTING .................................................... 36 ARTICLE 8 FRANCHISE FEES AND OTHER FEES ....................................................... 37 8.1 GENERAL ............................................................................................................ 37 8.2 FRANCHISE FEE ................................................................................................. 37 8.3 OTHER FEES ........................................................................................................ 37 8.4 ADJUSTMENT TO FEES ...................................................................................... 37 8.5 PAYMENT SCHEDULE AND LATE FEES ............................................................ 37 8.6 OVERPAYMENT OF FEES .................................................................................. 38 8. 7 NON-CITY FEES; AB 939 COUNTY SURCHARGE ............................................. 38 ARTICLE 9 CONTRACTOR'S COMPENSATION AND RA TES ...................................... 38 9.1 CONTRACTOR'S COMPENSATION .................................................................... 38 9.2 CITY'S RIGHT TO SET MAXIMUM RATES .......................................................... 38 9.3 CONTRACTOR'S RA TES ..................................................................................... 39 ARTICLE 10 INDEMNITY AND INSURANCE .................................................................. 39 10.1 INDEMNIFICATION .............................................................................................. 39 10.2 INSURANCE ......................................................................................................... 40 ARTICLE 11 DEFAULT AND REMEDIES ........................................................................ 44 11 .1 EVENTS OF DEFAULT ........................................................................................ 44 11.2 RIGHT TO TERMINATE UPON DEFAULT ........................................................... 45 11.3 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE ........................ 45 11.4 LIQUIDATED DAMAGES ...................................................................................... 45 11 .5 DIVERSION NON-PERFORMANCE .................................................................... 47 11.6 CONDITIONS UPON TERMINATION ................................................................... 48 ARTICLE 12 OTHER AGREEMENTS OF THE PARTIES ................................................ 49 12.1 RELATIONSHIP OF PARTIES .............................................................................. 49 12.2 PERMITS AND LICENSES ................................................................................... 49 12.3 COMPLIANCE WITH LAW ........................................................................................ 50 12.4 GOVERNING LAW ............................................................................................... 50 12.5 JURISDICTION ..................................................................................................... 50 12.6 BINDING ON SUCCESSORS ............................................................................... 50 12. 7 ASSIGNMENT ...................................................................................................... 50 12.8 PARTIES IN INTEREST ....................................................................................... 50 12 .9 WAIVER ............................................................................................................... 50 12.10 NOTICE PROCEDURES ...................................................................................... 51 12.11 REPRESENTATIVES OF THE PARTIES ............................................................. 51 12.12 CRIMINAL ACTIVITY OF CONTRACTOR ............................................................ 51 12.13 ACKNOWLEDGMENT OF PUBLIC RESOURCES CODE SECTION 49520 NOTICE ..................................................................................................... 53 ARTICLE 13 MISCELLANEOUS AGREEMENTS ........................................................... 53 13.1 ENTIRE AGREEMENT ......................................................................................... 53 13.2 SECTION HEADINGS .......................................................................................... 53 13.3 REFERENCES TO LAWS .................................................................................... 54 13.4 INTERPRETATION ............................................................................................... 54 13.5 PRONOUNS AND PLURALS; TENSE .................................................................. 54 13.6 TEXT TO CONTROL ............................................................................................. 54 13. 7 AMENDMENT ....................................................................................................... 54 13.8 SEVERABILITY .................................................................................................... 54 13.9 COUNTERPARTS ................................................................................................ 54 13.10 EXHIBITS ............................................................................................................. 54 List of Exhibits A Schedule for Liquidated Damages B Secretary's Certification C Statement of Applicant's Understanding and Representations D Approved Processing and Residue Disposal Facilities This page intentionally blank NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF FRESNO AND VALLEY DUMPSTER SERVICE LLC FOR ROLL-OFF COLLECTION SERVICES This non-exclusive franchise agreement (Agreement) is made and entered into is 27th day of April,2023 by and between the City of Fresno, amunicipal corporation (City), and Valley Dumpster Service LLC (Contractor). RECITALS This Agreement is entered into with reference to the following facts and circumstances: WHEREAS, the Legislature of the State of California (State), by enactment of the California Integrated Waste Management Act of 1989, codified at California Public Resources Code Section 40000 et seq. (Act)), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for Solid Waste Collection within their jurisdiction; and WHEREAS, the State has found and declared the amount of Solid Waste generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of the Act, directed the responsible State agency and all local agencies, to promote Disposal Site Diversion and to maximize the use of feasible Solid Waste reduction, re-use, Recycling, and Composting options in order to reduce the amount of Solid Waste that must be Disposed of in Disposal Sites; and WHEREAS, the Act requires local agencies to divert 75% of discarded materials from landfills; and WHEREAS, the City Council established goals of achieving 75% diversion by 2012 and zero waste status by 2025 on June 26, 2007, and approved a Zero Waste Strategic Action Plan on February 11, 2009; and WHEREAS, the City finds that reusing, Recycling, and Composting Recyclable Materials, Organic Materials, and Construction and Demolition Debris (C&D) is essential to further the City's efforts to reduce Solid Waste Disposal and comply with the Act and the City's zero waste goals; and WHEREAS, pursuant to the powers granted the City as a charter city by Article XI, Section 5(a) of the California Constitution and Article XIII of the Charter of the City of Fresno, the City has determined that the public health, safety, and well-being require a franchise agreement defining non-exclusive rights be awarded to qualified companies to provide for the roll-off container collection of Permitted Materials except for collection of materials City of Fresno Non-Exclusive Roll-Off Agreement Page 7 excluded in the City's Municipal Code, and other services related to meeting requirements of the Act; and WHEREAS, the City requires all haulers providing Roll-Off Collection services for Permitted Materials in the City to obtain a non-exclusive franchise in order to regulate this business, ensure its orderly operation, achieve its diversion goals, and to minimize the potential for adverse effects it may have on the local environment; and WHEREAS, the City Council has determined through an application process that the Contractor, by demonstrated experience, reputation, and capacity, is qualified to provide for the Roll-Off Container Collection of Permitted Materials within the corporate limits of the City and the Transportation of such material to appropriate places of Recycling, Processing, and/or Disposal, and can provide insurance consistent with the City's requirements. The City Council desires that Contractor be engaged to perform such services on the basis set forth in this Agreement; and WHEREAS, Contractor intends to use the City's streets, alleys, other public rights- of way, and infrastructure to provide Roll-Off Collection services to the City's residents and businesses; and WHEREAS, the City intends to receive just and reasonable fees from the Contractor for City's administration of the Agreement and for Contractor's use of the City streets, alleys, other public rights-of-way, and infrastructure which the City may lawfully impose, and the companies are obligated to pay. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained in this Agreement and for other good and valuable consideration, the Parties agree as follows: ARTICLE 1 DEFINITIONS For purposes of this Agreement, unless a different meaning is required, the following words and phrases shall have the following meanings and shall be capitalized throughout this Agreement: A. "Act" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded, and replaced from time to time. B. "Agreement" means this Agreement between the City and Contractor for Roll- Off Container Collection, Processing, and Disposal of Permitted Materials, including all exhibits and attachments, and any future amendments hereto. C. "Applicable Law" means all Federal, State, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirements of any governmental agency having jurisdiction over the Roll-Off Container Collection, Transportation, Recycling, Processing, and Disposal of Permitted City of Fresno Non-Exclusive Roll-Off Agreement PageB Materials that are in force on the Effective Date and as they may be enacted, issued, or amended during the Term of this Agreement. D. "Approved C&D Processing Site" means the Processing Site specified in Exhibit D, which was selected by Contractor and approved by the City. E. "Approved Disposal Site" means a Disposal Site selected by the Contractor or its Subcontractor(s) and approved by the City for Disposal of residue from Approved Processing Site(s). Approved Disposal Site(s) are listed in Exhibit D. F. "Approved Organics Processing Site" means the Processing Site specified in Exhibit D, which was selected by Contractor and approved by the City. G. "Approved Processing Site(s)" means the Approved C&D Processing Site, Approved Organics Processing Site, and/or Approved Recyclables Processing Site. H. "Approved Processor" means the operator of an Approved Processing Site. I. "Approved Recyclables Processing Site" means the Processing Site specified in Exhibit D, which was selected by Contractor and approved by the City. J. "Bin" means a container with capacity of approximately one (1) to eight (8) cubic yards, with a hinged lid, and with wheels, that is typically serviced by a front end-loading Collection vehicle. K. "Business Days" mean days during which City offices are open to do business with the public. L. "Cart" means a plastic container with a hinged lid and wheels that is typically serviced by an automated or semi-automated Collection vehicle. A Cart has capacity of 20, 35, 64, or 96 gallons (or similar volumes). M. "Change in Law" means any of the following events or conditions that have a material and adverse effect on the performance by the Parties of their respective obligations under this Agreement (except for payment obligations): The enactment, adoption, promulgation, issuance, modification, or written change in administrative or judicial interpretation on or after the Effective Date of any Applicable Law; or The order or judgment of any governmental body, on or after the Effective Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the City or of the Contractor, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. N. "City" means the City of Fresno, California, a municipal corporation, and all City of Fresno Non-Exclusive Roll-Off Agreement Page9 the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term. 0. "City's Municipal Code," "Municipal Code" or "FMC" means the Municipal Code of the City of Fresno. P. "Collect" or "Collection" means the act of collecting Permitted Materials and other material at the place of generation in the City. Q. "Commercial" shall mean of, from or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property. R. "Compactor" means a mechanical apparatus that compresses materials into a container, which container may be detachable. For the purposes of this Agreement, Compactors shall include only Compactors with container capacities of ten to fifty cubic yard that are serviced by Roll-Off Collection Trucks. S. "Compost" or "Composting" includes a controlled biological decomposition of Organic Materials yielding a safe and nuisance free Compost Product. T. "Compost Product" means the product resulting from the controlled biological decomposition of Organic Materials that are Source Separated from the Solid Waste stream, or which are separated at a centralized facility. U. "Construction and Demolition Debris (C&D)" means materials resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22 Section 66261.3. This term includes, but is not limited to, asphalt, concrete, cement concrete, brick, lumber, gypsum wallboard, concrete board, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel, as well as vegetative matter resulting from land clearing and landscaping including but not limited to rock, soil, tree stumps, or as otherwise defined by Title 27 Chapter, Article 2, Section 20164. Construction and Demolition Debris excludes putrescible wastes. V. "Contractor" means Valley Dumpster Service LLC, a Sole Proprietorship organized and operating under the laws of the State of California and its officers, directors, employees, agents, companies, and Subcontractors. W. "Contractor Party(ies)" shall mean Contractor, officers, directors, management employees, or fiscal employees (where "management employee" means any employee with direct or indirect responsibility for direction and control over the Contractor's activities under this Agreement and City of Fresno Non-Exclusive Roll-Off Agreement Page 10 "fiscal employee" means an employee with direct or indirect responsibility and control duties relating to financial matters under this Agreement). X. "Criminal Activity" means those activities described in Section 12.12.1. Y. "Customer" means the Person whom Contractor submits billing invoice to and collects payment from for Collection services provided. Z. "Designated Disposal Site" means the American Avenue Landfill at 18950 W American Avenue in Tranquility, California for the purposes of Disposing Solid Waste. AA. "Designated Waste" means non-Hazardous Wastes that may pose special Disposal problems because of its potential to contaminate the environment, and which may be disposed of only in Class II Disposal Sites or Class Ill Disposal Sites pursuant to a variance issued by the California Department of Health Services. BB. "Director" shall mean the Public Utilities Director of the City or an authorized representative of the Public Utilities Director. CC. "Discarded Materials" means Solid Waste, Recyclable Materials, Organic Materials, or C&D placed by a Generator in a receptacle and/or at a location that is designated for Collection pursuant to the City's Municipal Code. DD. "Disposal or Dispose (or variation thereof)" means the final disposition of Solid Waste at a Disposal Site. EE. "Disposal Site" means a facility for ultimate Disposal of Solid Waste. FF. "Diversion" means activities that reduce or eliminate the amount of Solid Waste from Solid Waste Disposal including, but not limited to, Recycling, and Composting. GG. "Drop Box" means an open-top container with capacity from 6 to 50 cubic yards that is used for Collection of Permitted Materials and that is serviced by a Roll-Off Collection Truck. Drop Boxes with capacities of less than 10 cubic yards may only be used for the purposes of Collecting C&D. A Drop Box, which is also known as a roll-off box and/or debris box, is a type of Roll-Off Container. HH. "Effective Date" means the date set forth in the introductory paragraph of this Agreement. II. "Federal" means belonging to or pertaining to the national general government of the United States. JJ. "Food Scraps" means those discarded materials that will decompose and/or putrefy including (i) all kitchen and table food waste, (ii) animal or vegetable City of Fresno Non-Exclusive Roll-Off Agreement Page 11 waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs, (iii) discarded paper that is contaminated with Food Scraps; (iv) fruit waste, grain waste, dairy waste, meat and fish waste; and, (v) non-Recyclable paper or contaminated paper. Food Scraps are a subset of Organic Materials. KK. "Franchise Fee" means the fee paid by Contractor to City for the privilege to hold the non-exclusive rights granted by this Agreement. LL. "Generator" means any Person whose act or process produces Permitted Materials, or whose act first causes Permitted Materials to become subject to regulation. MM. "Green Waste Material" means any materials generated from the maintenance or alteration of public, commercial, or residential landscapes that will decompose and/or putrefy including, but not limited to, yard clippings, grass, leaves, shrub/tree trimmings or prunings (less than 4" in diameter), brush, flowers, weeds, dead plants, small pieces of unpainted and untreated wood, and other types of organic waste. For the purposes of this Agreement, such materials shall be Source Separated and placed by a Generator in a receptacle and/or at a location that is designated for Collection. Green Waste Material is a subset of Organic Materials. NN. "Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State in Health and Safety Code §25110 .02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder. 00. "Holidays" are defined as New Year's Day, Thanksgiving Day, and Christmas Day. PP. "Infectious Waste" means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments, as defined in Health and Safety Code Section 25117.5. QQ. "Liquidated Damages" means the amounts due by Contractor to City for failure to meet specific quantifiable standards of performance as described in Section 11 .4 and Exhibit A. RR. "Organic Materials" means those discarded materials that will decompose and/or putrefy including Green Waste Material and Food Scraps such as, but are not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces, other types City of Fresno Non-Exclusive Roll-Off Agreement Page 12 of organic yard waste, vegetable waste, fruit waste, grain waste, dairy waste, meat waste, fish waste, paper contaminated with Food Scraps, pieces of unpainted and untreated wood, and pieces of unpainted and untreated wallboard. No discarded material shall be considered to be Organic Materials, unless such material is Source Separated from Solid Waste, Recyclable Materials, C&D, or other materials. SS. "Parent Company" refers to a company owning more than 50% of the shares of another company (subsidiary) or a company that has management control over such subsidiary. TT. "Party or Parties" refers to the City and Contractor, individually or together . UU. "Permitted Materials" refers to Solid Waste, Source Separated Recyclable Materials, Source Separated Organic Materials, and C&D. Permitted Materials excludes Source Separated Food Scraps. W. "Person(s)" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of Fresno, and special purpose districts. WW. "Premises" means any land or building in the City where Permitted Materials are generated or accumulated. XX. "Processing" means to prepare, treat, or convert through some special method. YY. "Processing Site" means any plant or site used for sorting, cleansing, treating, or reconstituting Permitted Materials for the purpose of making such material available for reuse. ZZ. "Putrescible Waste" means Solid Wastes originated from living organisms and their metabolic waste products and from petroleum, which contains naturally produced organic compounds and which are biologically decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide and other simpler organic compounds. AAA. "Rates" means the charges and fees Contractor bills and collects from each Customer receiving service pursuant to this Agreement. BBB. "Recyclable Materials" means those Discarded Materials that the City Code permits, directs and/or requires Generators to set out in Recyclables Materials containers for Collection for the purpose of Recycling. No Discarded Materials shall be considered Recyclable Materials unless such material is separated from Solid Waste and Organic Materials. Recyclable Materials shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, City of Fresno Non-Exclusive Roll-Off Agreement Page 13 construction paper, envelopes, legal pad backings, shoe boxes, soap boxes, cereal and other similar food boxes); chipboard; cardboard; paper milk cartons; glass containers of any color (including glass bottles and jars all colors); aluminum cans; fabric softener containers; steel, tin or bi-metal cans; plastic containers (clear or green plastic soda and water bottles, plastic containers and bottles and plastic bags with no. 1, 2 or 3 on the bottom); and food containers from potato salad, pasta salad, whipped cream, etc. CCC. "Recycle or Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying solid waste. DOD. "Residential" shall mean of, from, or pertaining to a single-family Premises, multi-plex, or multi-family Premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, cooperative apartments, and yacht harbors and marinas where residents live aboard boats . EEE. "Roll-Off Container" means a Drop Box or Compactor used for Collection of Permitted Materials and serviced by a Roll-off Collection Truck. Roll-Off Containers with capacities of less than 10 cubic yards may only be used for the purposes of Collecting C&D. FFF. "Roll-Off Collection Truck" means a collection vehicle with a mechanical device such as a winch that pulls or loads a Roll -Off Container onto the truck bed or attached trailer and separately transports each Roll-Off Container to a Disposal Site or Processing Site. GGG. "Solid Waste" means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, §40191 and regulations promulgated thereunder and those Discarded Materials that the City Code requires Generators within the City to set out for Collection . Excluded from the definition of Solid Waste are C&D, Hazardous Waste, Infectious Waste, Designated Waste, Source Separated Recyclable Materials, Source Separated Organic Materials, and radioactive waste . Notwithstanding any provision to the contrary, "Solid Waste" may include de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe collection, recycling , treatment and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code. HHH. "Source Separated" means the segregation, by the Generator, of materials designated for separate Collection for some form of Recycling, Processing, Composting , recovery, orreuse. Ill. "State" means the State of California. JJJ. "Subcontractor" means a party who has entered into a contract, express or implied, with the Contractor for the performance of an act that is necessary for City of Fresno Non-Exclusive Roll-Off Agreement Page 14 the Contractor's fulfillment of its obligations under this Agreement. KKK. "Term" means the Term of this Agreement, including extension periods if granted, as provided for in Article 3. LLL. "Ton" means a unit of measure for weight equivalent to 2,000 standard pounds where each pound contains 16 ounces. MMM. "Tonnage" means the total weight in Tons Collected, Recycled, Composted, Diverted, or Disposed of, as the context requires. NNN. "Transportation" means the act of transporting. ARTICLE 2 REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR 2.1 REPRESENTATIONS AND WARRANTIES The Contractor, by execution of this Agreement, represents and warrants the following to City, for the purpose of inducing City to enter into this Agreement and to consummate the transactions contemplated hereby: A. Corporate Status. Contractor is duly organized, validly existing and in good standing under the laws of the State. It is qualified to transact business in the City and State and has the power to own its properties and to carry on its business as now owned and operated and as required by this Agreement. B. Authorization. Contractor has the authority to enter this Agreement and perform its obligations under this Agreement. The Board of Directors of Contractor (or the shareholders, if necessary), sole proprietor, or partners have taken all actions required by law, its articles of incorporation, its bylaws, or otherwise, to authorize the execution of this Agreement. The Person signing this Agreement on behalf of Contractor represents and warrants that they have authority to do so and the corporate secretary's certificate in Exhibit B confirms this. This Agreement constitutes the legal, valid, and binding obligation of the Contractor. C. Agreement Will Not Cause Breach. To the best of Contractor's knowledge after reasonable investigation, the execution or delivery of this Agreement or the performance by Contractor of its obligations hereunder does not conflict with, violate, or result in a breach: (i) of any law or governmental regulation applicable to Contractor; (ii) any term or condition of any judgment, order, or decree of any court, administrative agency or other governmental authority; or, (iii) any Agreement or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound or constitute a default thereunder. D. No Litigation. To the best of Contractor's knowledge after reasonable investigation, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency, or instrumentality City of Fresno Non-Exclusive Roll-Off Agreement Page 15 decided, pending, or threatened against Contractor wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would: 1. Materially adversely affect the performance by Contractor of its obligations hereunder; 2. Adversely affect the validity or enforceability of this Agreement; or 3. Have a material adverse effect on the financial condition of Contractor, or any surety or entity guaranteeing Contractor's performance under this Agreement. E. No Adverse Judicial Decisions. To the best of Contractor's knowledge after reasonable investigation, there is no judicial decision that would prohibit this Agreement or subject this Agreement to legal challenge. F. No Legal Prohibition. To the best of Contractor's knowledge after reasonable investigation, there is no Applicable Law in effect on the date Contractor signed this Agreement that would prohibit the Contractor's performance of its obligations under this Agreement and the transactions contemplated hereby. G. Contractor's Statements. The Contactor's Application and any other supplementary information submitted to the City, which the City has relied on in entering this Agreement, do not: (i) contain any untrue statement of a material fact, or (ii) omit to state a material fact that is necessary in order to make the statements made, in light of the circumstances in which they were made, not misleading. H. Contractor's Investigation. Contractor has made an independent investigation (satisfactory to it) of the conditions and circumstances surrounding the Agreement and the work to be performed hereunder. Contractor has considered such matters in entering this Agreement to provide services in exchange for the compensation provided for under the terms of this Agreement. I. Ability to Perform. Contractor possesses the business, professional, and technical expertise to Collect, Transport, Recycle, Process, and Dispose Permitted Materials generated in the City. Contractor possesses the equipment, facility(ies), and employee resources required to perform its obligations under thisAgreement. ARTICLE 3 TERM OF AGREEMENT 3.1 EFFECTIVE DATE Contractor may provide the Roll-Off Container Collection, Transportation, Recycling, Processing, Composting, and Disposal services authorized by this Agreement commencing on the Effective Date. City of Fresno Non-Exclusive Roll-Off Agreement Page 16 3.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT The obligation of City to permit this Agreement to become effective and to perform its undertakings provided for in this Agreement is subject to the satisfaction of all the conditions below, each of which may be waived, in written form, in whole or in part by City. A. Accuracy of Representations. The representations and warranties made in Article 2 of this Agreement are true and correct on and as of the Effective Date. B. Absence of Litigation. There is no litigation pending on the Effective Date in any court challenging the award or execution of this Agreement or seeking to restrain or enjoin its performance. C. Furnishings of Insurance. Contractor has furnished evidence of the insurance required by Article 10 that is satisfactory to the City. D. Effectiveness of City Council Action. The City Council action approving this Agreement shall have become effective and all Parties shall have signed the Agreement pursuant to Applicable Law prior to or on the Effective Date, provided that no restraining order of any kind has been issued. 3.3 TERM The Term of this Agreement shall commence on the Effective Date and continue until June 30, 2028. The Term may be extended pursuant to Section 3.4 or terminated early in accordance with Section 11.2. 3.4 OPTION TO EXTEND Subject to City Council approval, the City shall have the option to extend this Agreement for an additional term of up to five years. The City's written notice shall specify the number of years by which it elects to extend the Term of this Agreement and the revised expiration date of the Agreement. Any such extension shall not become effective unless the City agrees to the extension, in writing, at least one hundred fifty calendar days prior to expiration of the Agreement. 3.5 TERMINATION FOR CONVENIENCE A. The City may terminate this Agreement for convenience upon thirty (30) days' written notice. In such event, City shall have no liabilities to the Contractor on the terminated agreement including, but not limited to, liabilities for any loss of revenues or profits or stranded contractors or stranded assets on the terminated Agreement. B. Effect of Termination. The City's termination of this Agreement for convenience shall not preclude City from taking any action in law or equity against Contractor for: a. Improperly submitted claim forms; b. Any failure to perform the work in accordance with the terms of the Agreement; City of Fresno Non-Exclusive Roll-Off Agreement Page 17 c. Any breach of any term or condition of the Agreement; d . Any actions under warranty, express or implied; e. Any claim of professional negligence or; f. Any other matter arising from or related to this Agreement, whether known, knowable, or unknown before, during or after the date of termination. ARTICLE 4 SCOPE OF AGREEMENT 4.1 SCOPE OF AGREEMENT This non-exclusive franchise, granted to Contractor, authorizes Contractor to Collect, Transport, Recycle, Process, Compost, and Dispose of Permitted Materials placed by Residential or Commercial Generators in Roll-Off Containers for Collection, provided that the Customer has voluntarily arranged for Contractor to provide Collection services. The Contractor shall be responsible for the following services: A. Collecting Permitted Materials placed by each Customer in a Roll-Off Container for Collection as requested byCustomer. B. Providing each Customer, upon delivery of Roll-Off Container, a printed list that specifies the materials that cannot be placed in the Roll-Off Container (i.e., Hazardous Wastes) and a list of acceptable Recyclable Materials, Organic Materials, and C&D that may be placed in the Roll-Off Container. C. Transporting Collected Solid Waste to the Designated Disposal Site and transporting other materials to an Approved Processing Site. D. Furnishing all labor, supervision, vehicles, Roll-Off Containers, other equipment, materials, supplies, and all other items and services necessary to perform its obligations under this Agreement. E. Paying all expenses related to provision of services required by this Agreement including, but not limited to, Franchise Fees, taxes, regulatory fees, Collection costs, Transportation costs, Processing costs, Disposal costs, utilities, etc. F. Providing all services required by this Agreement in a thorough and professional manner so that residents, businesses, and the City are provided timely, reliable, courteous, and high-quality service at all times. G. Performing all services in substantial accordance with this Agreement at all times using best industry practice for comparable operations. H. Complying with all Applicable Law. City of Fresno Non-Exclusive Roll-Off Agreement Page 18 I. Performing or providing all other services necessary to fulfill its obligations under this Agreement. J. Diverting a minimum of 75%, or state-mandated diversion percentages, whichever is higher, of the C&D Collected from Disposal. The Diversion rate shall be calculated each month based upon the weights of C&D Collected and Diverted. K. Diverting a minimum of 70% of the Recyclable Materials Collected from Disposal. The Diversion rate shall be calculated each month based upon the weights of Recyclable Materials Collected and Diverted. L. Diverting a minimum of 90% of the Organic Materials Collected from Disposal. The Diversion rate shall be calculated each month based upon the weights of Organic Materials Collected and Diverted. The enumeration and specification of particular aspects of service, labor, or equipment requirements shall not relieve Contractor of the duty of accomplishing all other aspects necessary to fulfill its obligations under this Agreement whether such requirements are enumerated elsewhere in the Agreement or not. 4.2 LIMITATIONS TO SCOPE The scope of the Agreement shall be non-exclusive. Permitted Materials may be Collected and Transported by other Persons provided that such Persons do so in accordance with the City's Municipal Code, including but not limited to the following: A. Permitted Materials Collected by Other Non-Exclusive Franchise Haulers. Permitted Materials Collected by a party that has executed a Non-Exclusive Franchise Agreement with the City for Roll-Off Container Collection Services. B. Permitted Materials Collected by City. Permitted Materials collected by the City's municipal collection operation including: (1) materials Collected using equipment, such as Carts and Bins, not regulated by this Agreement (2) materials Collected from City facilities, and special events and venues sponsored by the City, which may be Collected in Carts, Bins, or Roll-Off Containers by the City's municipal collection operation or City crews. C. Donated Recyclable Materials. Recyclable Materials Generated in the City that are Source Separated and donated by the Generator to youth, civic, charitable, or other nonprofit organizations. D. Materials Hauled by Owner or Occupant, or its Contractor. Permitted Materials that are removed from any Premises and are Transported to a Disposal Site or Processing Site by (i) the Owner or Occupant of such Premises, (ii) by full-time employee of Owner or Occupant that uses the Owner's or Occupant's equipment to transport materials; or (iii) by a construction or demolition contractor performing construction or demolition work at the Premises, whose removal of the Permitted Materials is incidental to the service being performed (as defined in Section 6- 205(f)(iii) of the City's Municipal Code) and such contractor removes materials at no City of Fresno Non-Exclusive Roll-Off Agreement Page 19 additional or separate fee using contractor's employees and contractor's equipment. E. Green Waste Material. Private collection of Green Waste Material resulting from landscaping or gardening service performed by the person collecting such materials. F. Other Recyclable Materials. Private collection by any person or company that transports Recyclable Materials through use of its own vehicle(s) and receives no compensation for such Collection or Transportation. G. Materials from Public Schools and Other Government Facilities. The removal of any materials generated by public schools, cities, the County, or federal facilities (except for those facilities subject to 42 U.S.C. Section 6961(a)). This Agreement and scope of this Franchise shall be interpreted to be consistent with Applicable Law, now and during the Term of the Agreement. If future judicial interpretations of current law or new laws, regulations, or judicial interpretations limit the ability of the City to lawfully provide for the scope of services as specifically set forth herein, Contractor agrees that the scope of the Agreement will be limited to those services and materials which may be lawfully provided and that the City shall not be responsible for any lost profits or losses claimed by Contractor to arise out of limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility of Contractor to minimize the financial impact of such future judicial interpretations or new laws. 4.3 CITY'S RIGHT TO GRANT MULTIPLE NON-EXCLUSIVE AGREEMENTS The City may grant to an unlimited number of additional Persons similar non-exclusive franchise agreements for Roll-Off Container Collection, Transportation, Recycling, Processing, Composting, and Disposal of Permitted Materials. 4.4 CITY'S RIGHT TO EXCLUDE NEWLY ANNEXED TERRITORY FROM SCOPE OF FRANCHISE The City reserves the right to exclude territory that is annexed into the corporate limits of the City after the Effective Date from the scope of this franchise. 4.5 AGREEMENT CONSISTENT WITH APPLICABLE LAW This Agreement and scope of this franchise shall be interpreted to be consistent with Applicable Law, now and during the Term. If future judicial interpretations of current law or new laws, regulations, or judicial interpretations limit the ability of the City to lawfully provide for the scope of services as specifically set forth herein, Contractor agrees that the scope of the Agreement will be limited to those services and materials which may be lawfully provided and that the City shall not be responsible for any lost profits or losses claimed by Contractor to arise out of limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility of Contractor to minimize the financial impact of such future judicial interpretations or new laws. 4.6 OWNERSHIP OF MATERIALS Once Permitted Materials are placed in a Roll-Off Container for Collection by Contractor, City of Fresno Non-Exclusive Roll-Off Agreement Page 20 ownership, and the right to possession of such materials shall transfer directly from the Customer to Contractor. On a short-term basis not to exceed more than five calendar days per year, City may obtain ownership or possession of Permitted Materials placed in the Roll-Off Container for Collection, for purposes of waste characterization studies, upon written notice to Contractor of its intent to do so. However, nothing in this Agreement shall be construed as giving rise to any inference that City has such ownership or possession unless such written notice has been given to Contractor. 4. 7 NOTIFICATION TO CITY OF NON-FRANCHISED HAULERS If Contractor can produce evidence that other Persons are Collecting Permitted Materials and do not have rights to do so as granted by non-exclusive franchise agreement with the City or otherwise, or in a manner that is not consistent with the City's Municipal Code, Contractor shall notify the City in writing, within ten calendar days of Contractor witnessing such circumstances. The Contractor's notice shall include the name and telephone number of the Person or company Collecting Permitted Materials (if known), the date the Contractor witnessed the event, the location of the Roll-Off Container along with Contractor's evidence of the violation of the rights granted by this non-exclusive franchise. ARTICLE 5 COLLECTION, PROCESSING, AND DISPOSAL SERVICES 5.1 COLLECTION Contractor is hereby authorized to Collect Permitted Materials from residents and businesses in the City using Roll-Off Containers. Contractor shall Collect Permitted Materials from Customers that voluntarily subscribe to or request Roll-Off Container Collection services from Contractor. Contractor shall provide its Customers with a Roll-Off Container for Permitted Materials Collection or shall allow its Customers to provide a Roll- Off Container. Contractor shall Collect Permitted Materials from Premises as frequently as scheduled by Contractor or as mutually agreed with Customer, but not less than once a week for Solid Waste and Organic Materials. Contractor shall provide requested service to its Customers and shall charge Customers for service at Rates mutually agreed by Customer and Contractor. Contractor shall Transport Solid Waste Collected pursuant to this Agreement to the Designated Disposal Site and other materials to an Approved Processing Site that has been selected by the Contractor and approved by the City. The Approved Processing Site(s) must be able to demonstrate Diversion rates in accordance with Sections 4.1 and 5.3. Contractor may enter into contracts with Customers for Collection services provided that in no case shall the term of such contracts extend beyond the Term of this Agreement, and provided that in the event the City terminates this Agreement the contracts with any and all Customers shall terminate on the termination date of this Agreement. 5.2 PROCESSING AND MARKETING SERVICES City of Fresno Non-Exclusive Roll-Off Agreement Page 21 A Processing. Contractor agrees to Transport and deliver (i) all C&D it Collects in the City to the Approved C&D Processing Site, (ii) all Recyclable Materials it Collects in the City to the Approved Recyclable Processing Site, and (iii) all Organic Materials it Collects in the City to the Approved Organics Processing Site . Residue from the C&D, Recyclable Materials, and Organics Processing and Composting activities shall be Disposed of by Contractor, or its Approved Processor at an Approved Disposal Site selected by Contractor in accordance with Section 5.4. Contractor selected the Approved Processing Site(s) and Approved Disposal Site(s), which are identified in Exhibit D. Contractor shall permit or arrange for the City to inspect the Approved Processing Site(s) and observe operations at any time during the Term. Contractor or its Approved Processor(s) shall possess all permits and approvals necessary for use of the Approved Processing Site(s) in full compliance with Applicable Law, including but not limited to the requirements of Chapter 3 of Title 14 of the California Code of Regulations. Contractor shall, upon City request, provide or request from its Approved Processor(s) and provide copies of notices of violation or permits to the City. Upon request of the City, Contractor shall provide a certified statement from its Approved Processor(s) documenting its Diversion rate. If Contractor elects to use a Processing Site(s) that is different than the Approved Processing Site(s) specified in Exhibit D, it shall request written approval from the City sixty calendar days prior to use of the site and obtain the City's written approval no later than ten calendar days prior to use of the site. If Contractor is unable to use an Approved Processing Site due to an emergency or sudden unforeseen closure of the Approved Processing Site, Contractor may use an alternative Processing Site provided that (i) the Contractor provides verbal and written notice to the City within twenty-four hours of use of an alternative Processing Site, and (ii) the alternative Processing Site is fully permitted and in compliance with all Applicable Laws. The written notice shall include a description of the reasons the Approved Processing Site is not feasible, and the period of time Contractor proposes to use the alternative Processing Site. Contractor shall use the alternative Processing Site for no more than twenty-four hours without obtaining City's written approval. B. Marketing. The Contractor or its Approved Processor shall be responsible for marketing C&D, Recyclable Materials, and Organic Materials Collected in the City and Diverted. Contractor and/or its Approved Processor may retain all revenues generated from the sale of Permitted Materials that are Diverted. Upon request, Contractor or its Approved Processor shall provide proof (in the form of sales receipts showing end-user) to the City that all C&D, Recyclable Materials, and Organic Materials Diverted are marketed for Recycling or reuse in such a manner that materials shall be considered as Diverted in accordance with the State regulations established by the Act. All residual material from the Processing activities that is not marketed for use shall be accounted for as Disposal Tonnage at a permitted Disposal Site. No Recyclable Materials, Organic Materials, or C&D shall be transported to a domestic or foreign location if Solid Waste Disposal of such City of Fresno Non-Exclusive Roll-Off Agreement Page 22 material is its intended use. Contractor or its Approved Processor shall provide the City, upon written request, with a list of broker/buyers it uses to market C&D, Recyclable Materials, and Organic Materials Diverted. City may audit brokers or buyers to confirm that materials are being Recycled and Diverted from Disposal. If Contractor becomes aware that a broker or buyer has illegally handled or disposed of material generated by the City or elsewhere, Contractor shall immediately inform the City and terminate its contract or working relationship with such party immediately. Processing and Marketing Costs. Contractor shall pay all costs associated with Processing and marketing of Permitted Materials including payment of any gate fees charged at the Approved Processing Sites. 5.3 DIVERSION REQUIREMENT Contractor shall Divert from landfill Disposal at least (i) 75% by weight of all C&D it Collects within the City, (ii) 70% by weight of all Recyclable Materials it Collects within the City, and (iii) 90% by weight of all Organic Materials it Collects within the City during each calendar month by Processing, Recycling, or Composting some or all of the C&D, Recyclable Materials, and Organic Materials Collected. If Contractor fails to meet the Diversion requirements stated in the preceding paragraph during a calendar month, the City may terminate the Agreement in accordance with Section 11.5. 5.4 DISPOSAL A. Disposal of Solid Waste Collected. Contractor shall Transport all Solid Waste Collected in the City to the Designated Disposal Site, which the City specifies shall be the American Avenue Landfill in Tranquility, California. Contractor shall pay all costs associated with Transporting and Disposal of Solid Waste including payment of any gate fees charged at the Designated Disposal Site. B. Disposal of Processing Residue. Contractor shall, or shall require its Approved Processor to, Dispose of residue from Processing of C&D, Recyclable Materials, and Organic Materials Collected within the City, that are not Diverted through Processing activities, by Transporting the residue to an Approved Disposal Site specified in Exhibit D, which is lawfully authorized to accept such material. C. Permitted Site. Contractor or its Approved Processor shall only Dispose of materials at a permitted Disposal Site that is in full regulatory compliance. Contractor, or its Approved Processor, shall keep or confirm all existing permits and approvals necessary for use of the Disposal Site(s) in full regulatory compliance. Contractor shall, upon request, provide copies of notices of violation or permits to the City. D. Compliance with Regulations. Contractor shall observe and comply with all regulations in effect at the Designated Disposal Site and Approved Disposal Site(s) and cooperate with the operator thereof with respect to delivery of Solid Waste, City of Fresno Non-Exclusive Roll-Off Agreement Page 23 including directions to unload Collection vehicles in designated areas, accommodating operations and maintenance activities and complying with Hazardous Waste exclusion programs. E. Disposal at Approved Site. Contractor, or its Approved Processor, shall not Dispose of such residue by depositing it on any public or private land, in any river, stream, or other waterway, or in any sanitary sewer or storm drainage system or in any other manner which violates Applicable Laws. Contractor, or its Approved Processor, selected the Approved Disposal Site(s) for residue Disposal specified in Exhibit D. Contractor shall arrange for the City to inspect the Approved Disposal Site(s) and observe operations at any time during the Term. F. Alternative Disposal Site. If Contractor, or its Approved Processor, elects to use a Disposal Site(s) that is different than the Approved Disposal Site(s) listed in Exhibit D, it shall request written approval from the City sixty calendar days prior to use of the site and obtain the City's written approval no later than ten calendar days prior to use of the site. If Contractor, or its Approved Processor, is unable to use the Approved Disposal Site due to an emergency or sudden unforeseen closure of the Approved Disposal Site, Contractor, or its Approved Processor, may use an alternative Disposal Site provided that (i) the Contractor provides verbal and written notice to the City within twenty- four hours of use of an alternative Disposal Site, and (ii) the alternative Processing Site is fully permitted and in compliance with all Applicable Laws. The written notice shall include a description of the reasons the Approved Disposal Site is not feasible and the period of time Contractor, or its Approved Processor, proposes to use the alternative Disposal Site. Contractor shall use the alternative Disposal Site for no more than twenty-four hours without obtaining City's written approval. 5.5 BILLING Contractor shall bill all Customers and collect billings in accordance with Contractor- established Rates, which are set in a manner consistent with provisions of Section 9.3. The Contractor shall prepare, mail, and collect bills (or shall issue written receipts for cash payments) for Collection services provided by Contractor. Contractor shall be responsible for collection of payment from Customers with past due accounts. Contractor shall maintain copies of all billings and receipts, each in chronological order, for five years after expiration or termination of this Agreement. Contractor shall retrieve and make available to the City copies of the billings and receipts within five days of the Director's written request for the billings and receipts. The Contractor may, at its option, maintain those records in computer form, digitally, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification in a timelymanner. City of Fresno Non-Exclusive Roll-Off Agreement Page 24 5.6 CUSTOMER SERVICE Contractor shall maintain a business office within the City or within a reasonable distance of the City limits approved by the Director. The business office shall staff at least one customer service representative capable of accepting payments from Customers, answering service questions, and resolving Customer service issues. Contractor shall have a toll-free Customer service telephone number and shall have staff available to answer calls from at least 8:00 a.m. to 6:00 p.m., Monday through Friday. An answering machine shall record Customer calls and voice messages between 6:00 p.m. and 8:00 a.m. ARTICLE 6 STANDARDS AND REQUIREMENTS FOR SERVICES, EQUIPMENT, AND PERSONNEL 6.1 OPERA TING DAYS, HOURS, AND SCHEDULES A. Days and Hours ofCollection 1. Residential Premises. Delivery or Collection of a Roll-Off Container to or from Residential Premises shall only occur between the hours of 6:00 a.m. and 6 :00 p.m ., any day of the week. 2. Commercial Premises. Delivery or Collection of a Roll-Off Container to or from Commercial Premises that are 200 feet or less from Residential Premises shall only occur between the hours of 6:00 a.m. and 6:00 p.m., any day of the week. Delivery or Collection of a Roll-Off Container to or from Commercial Premises that are more than 200 feet from Residential Premises shall only occur between the hours of 5:00 a.m. and 7:00 p.m., any day of the week. The Director may require modifications to hours for delivery and Collection from Commercial Premises to resolve noise complaints, and, in such case, the Director may change the allowable operating hours. 3. Exceptions. In the event of an unforeseen circumstance, the Contractor may deliver or Collect a Roll-Off Container from Residential or Commercial Premises that are 200 feet or less from Residential Premises between the hours of 5:00 a.m. and 10:00 p.m., upon prior written approval from the Director. 4. Failure to Comply. If the Contractor fails to comply with the Collection hours described in this Section, the Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. 6.2 COLLECTIONSTANDARDS 6.2.1 Instructions to Customer Contractor shall instruct Customers as to any preparation of Permitted Materials necessary prior to placing in the Roll-Off Container. Contractor shall, in written form, inform all Customers as to the acceptable materials that can be included in the Roll-Off Container and any unacceptable materials to be City of Fresno Non-Exclusive Roll-Off Agreement Page 25 excluded from Collection. 6.2.2 Care of Private Property Contractor shall not damage private property. Contractor shall ensure that its employees: (i) close all gates opened in making Collections, unless otherwise directed by the Customer; (ii) do not cross landscaped areas; and (iii) do not climb or jump over hedges and fences. City shall refer complaints about damage to private property to Contractor. Contractor shall repair all damage to private and public property caused by its employees to its previous condition. 6.2.3 Litter Abatement A Minimization of Spills. Contractor shall use due care to prevent vehicle oil and vehicle fuel from being spilled or scattered during Collection and Transportation operations. If any Permitted Materials are spilled or scattered during Collection or Transportation operations, the Contractor shall promptly clean up all spilled and scattered materials. Contractor shall not transfer loads from one vehicle to another on any public street, unless it is necessary to do so because of mechanical failure, hot load (combustion of material in the truck), accidental damage to a vehicle, or unless approved by the City. If Contractor fails to perform some or all of the requirements described in this Section, the Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A B. Clean-Up. Each Collection vehicle shall carry protective gloves, a broom, and shovel at all times for cleaning up litter and absorbent material for cleaning up liquid spills. The Contractor shall discuss instances of repeated spillage not caused by it with the Customer of the Premises where spillage occurs , and Contractor shall report such instances to City. If the Contractor has attempted to have a Customer stop creating spillage but is unsuccessful, the City will attempt, upon notice by the Contractor, to rectify such situation with the Customer. C. Covering of Loads. Contractor shall cover all Roll-Off Containers at the pickup location before Transporting materials to prevent Permitted Materials from escaping during Transportation. 6.2.4 Noise All Collection operations shall be conducted as quietly as possible and shall conform to Applicable Law. Contractor will promptly resolve any Complaints of noise during the morning or evening hours of the day to the satisfaction of the City. In the event of repeat occurrences of noise levels in excess of 75 decibels, the Contractor shall pay Liquidated Damages in accordance with Section 11.4 and Exhibit A. City of Fresno Non-Exclusive Roll-Off Agreement Page 26 6.3 VEHICLE REQUIREMENTS A. General. Vehicles used to provide services under this Agreement shall be kept in a safe, neat, clean, and operable condition at all times. If Contractor fails to keep Collection vehicles in a safe and sanitary condition, the Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. B. Specifications. Contractor shall register all vehicles with the California Department of Motor Vehicles. All such vehicles shall comply with California Environmental Protection Agency (EPA) noise emission and air quality regulations and other applicable noise control regulations. C. Vehicle Identification. Contractor's name, local telephone number, and a unique identification number for each vehicle used to provide services under this Agreement, shall be prominently displayed on all vehicles, in letters and numbers that are a minimum of 4 inches high. Contractor shall not place the City's logo on its vehicles. D. Cleaning and Maintenance 1. Cleaning. Collection vehicles shall be thoroughly washed and thoroughly steam cleaned as frequently as necessary to present a clean appearance of the exterior and interior compartment of the vehicle. 2. Maintenance. Contractor shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles that are not operating properly shall be taken out of service until they are repaired and operating properly. Contractor shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule or in accordance with California Highway Patrol standards, whichever are more stringent. Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage, and shall make such records available to the City upon request to the extent necessary to perform the inspections described in Sections 6.3.F and 6.8. 3. Repairs. Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown, or any other cause, so as to maintain all equipment in a safe and operable condition. Contractor shall maintain accurate records of repair, which shall include the date/mileage, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed. 4. Storage. Contractor shall arrange to store all vehicles and other equipment in safe and secure location(s) in accordance with City's applicable zoning regulations. E. Operation. Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. Contractor shall not load City of Fresno Non-Exclusive Roll-Off Agreement Page 27 vehicles in excess of the manufacturer's recommendations or limitations imposed by State or local weight restrictions for vehicles and roads. Contractor shall have each Collection vehicle weighed at each Approved Processing Sites or Designated Disposal Site to determine the unloaded weight ("tare weight") of the vehicle, and the total loaded weight of each load delivered to the Approved Processing Sites and Designated Disposal Site. F. Vehicle Inspection. City may inspect vehicles at any time to determine compliance with the requirements of this Agreement. Contractor shall make vehicles available to the City and/or Fresno County Health Department for inspection, at any frequency City reasonably requests. 6.4 ROLL-OFF CONTAINER REQUIREMENTS A. General. All Roll-Off Containers shall meet applicable Federal, State, City, and local regulations for safety. 8 . Specifications 1. Prevent Leakage. If the type of materials placed in the container may result in leakage of liquids, Contractor shall take precautions to prevent the leakage of liquids. In accordance with Section 17315 of Chapter 3 of Title 14 of the California Code of Regulations, Roll-Off Containers used to Collect garbage and putrescible materials and/or garbage and putrescibles mixed with rubbish shall be non-absorbent, water-tight, vector-resistant, durable, easily cleanable, and shall be designed for safe handling and the containment of refuse. 2. Provision of Sufficient Capacity. In accordance with Section 17315 of Chapter 3 of Title 14 of the California Code of Regulations, Containers for garbage and rubbish should be of an adequate size and in sufficient numbers to contain without overflowing, all the refuse that a household or other establishment generates within the designated removal period. 3. Use of Containers with Less than 10 Cubic Yards of Capacity. Roll-Off Containers with capacities of less than 10 cubic yards may only be used for the purposes of Collecting C&D. C. Roll-Off Container Identification. All Contractor-provided Roll-Off Containers shall prominently display the Contractor's name, local telephone number, a unique Roll- Off Container identification number, and a list of acceptable materials . As appropriate, Roll-Off Containers shall be labeled for: Solid Waste, Recyclable Materials, Organic Materials, or C&D. Such labeling may be temporary labeling in the form of magnetic or detachable signs . Any new Roll-Off Containers purchased and placed into service during the Term of this Agreement shall have bodies and/or lids which conform to the color requirements identified in Section 18984.7 of Chapter 12 of Title 14 of the California Code of Regulations as follows: gray or black for Solid Waste, blue for Recyclable Materials, City of Fresno Non-Exclusive Roll-Off Agreement Page 28 green for Organic Materials, and any other color for C&D provided that such color does not conflict with the other Roll-Off Container colors. Labels for any such new Roll-Off Containers shall comply with Section 18984.8 of Chapter 12 of Title 14 of the California Code of Regulations. If Contractor fails to comply with the provisions of this Section 6.4, the Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. D. Cleaning, Painting, and Maintenance. All Roll-Off Containers shall be maintained in a safe, serviceable, and functional condition. Contractor shall steam clean and repaint all Roll-Off Containers at least every two years, or more frequently, to present a clean, graffiti-free appearance. E. Roll-Off Container Inspections. City may inspect Roll-Off Containers at any time to determine compliance with sanitation requirements. Contractor shall make Containers available to the City at any frequency it requests. The City shall have the right to prohibit the use of any Roll-Off Container that fails to comply with the provisions in this Section 6.4. F. Abandoned Roll-Off Containers. Contractor shall not abandon any Roll-Off Container used to provide Permitted Materials Collection services under this Agreement. If the Contractor Abandons a Contractor-owned Roll-Off Container, City may remove the Roll-Off Container and Process and Dispose of the contents. If the City removes a Roll-Off Container Abandoned by Contractor, the City may charge Contractor for the City's costs incurred removing such Roll-Off Container, Transporting, Processing, and Disposing of its contents, and/or the cost of storing such Roll-Off Container. Contractor shall reimburse the City for such costs within fourteen calendar days of the date of the City's invoice to the Contractor for such costs . If the Contractor does not pay the invoice amount within fourteen days, the City shall become the Roll-Off Container owner if the invoice stated the City's intent to become the Container owner in lettering of at least 12 point font. For the purposes of this Section 6.4.F, "Abandon" means the following: 1. Contractor's failure to remove a Contractor-owned Roll -Off Container within five calendar days of receiving a written request from a Customer or the City or within five calendar days after the termination of the customer service agreement between Contractor and the Customer; or, 2. Contractor's failure to remove a Contractor-owned Roll-Off Container within ten calendar days upon expiration or termination of this Agreement, except in the case where Contractor has been granted an extension of the Term of the Agreement or Contractor has been granted a subsequent agreement authorizing Contractor to Collect and transport the type or types of materials for which the Roll-Off Container was used pursuant to this Agreement. City of Fresno Non-Exclusive Roll-Off Agreement Page 29 6.5 PERSONNEL A. General. Contractor shall furnish such qualified drivers, maintenance, supervisory, Customer service, clerical and other personnel as may be necessary to provide the services required by this Agreement in a safe and efficient manner. B. Driver Qualifications. All drivers shall be trained and qualified in the operation of Collection vehicles, and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. Contractor shall use the Class B California Department of Motor Vehicles employer "Pull Notice Program" to monitor its drivers for safety. C. Safety Training. Contractor shall provide suitable operational and safety training for all of its employees who operate Collection vehicles or equipment or who are otherwise directly involved in such Collection, Disposal, or Processing. Contractor shall train its employees involved in Collection to identify, and not to collect, Hazardous Waste or Infectious Waste. Upon the City's request, Contractor shall provide a copy of its safety policy and safety training program, the name of its safety officer, and the frequency of its trainings. D. Employee Conduct and Courtesy. Contractor shall use its best efforts to ensure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in Customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection employees to perform the work as quietly as possible. If any employee is found not to be courteous or not to be performing services in the manner required by this Agreement, Contractor shall take all appropriate corrective measures and shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. E. Employee Identification. While performing services under this Agreement, all of the Contractor's employees performing field service shall be dressed in clean clothes and shall wear badges that include the employee's name and/or employee number, and Contractor's name, as approved by theCity. 6.6 PROHIBITED MATERIALS INSPECTIONAND HANDLING A. Response to Hazardous Waste Identified during Collection. If Contractor determines that material placed in any Roll-Off Container for Collection is a Hazardous Waste that may not legally be Disposed of at a Disposal Site or handled at the Processing Site, or presents a hazard to Contractor's employees, the Contractor shall refuse to accept such material. The Contractor shall contact the Customer and request the Customer to arrange proper Disposal. If the Generator cannot be reached immediately, the Contractor shall, before leaving the Premises, leave a tag at least two inches by six inches (2" x 6") in size, which indicates the reason for refusing to Collect the material and lists a phone number for obtaining information on proper disposal of the Hazardous Waste. Upon request by the City, such tag shall include messaging in any non-English language spoken by a substantial number of Generators in the City. Under no circumstances shall City of Fresno Non-Exclusive Roll-Off Agreement Page 30 Contractor's employees knowingly Collect Hazardous Waste. If Hazardous Waste is found in a Roll-Off Container that could possibly result in imminent danger to people or property, the Contractor shall immediately notify the City's Fire Department using the 911 emergency number. The Contractor shall notify the City of any Hazardous Waste identified in Roll-Off Containers or left at any Premises within twenty-four hours of identification of such material. B. Response to Hazardous Wastes Identified at Disposal Site or Processing Site. The Contractor, or its Approved Processor, or Disposal Site operator shall provide load checkers and equipment operators at the Processing or Disposal Site(s) to identify Hazardous Wastes for storage in approved, on-site, hazardous materials storage container(s). Contractor shall make reasonable efforts to identify and notify the Customer. Contractor shall arrange for removal of the Hazardous Wastes by permitted haulers in accordance with Applicable Laws and regulatory requirements . If the Hazardous Wastes delivered to a Disposal Site or Processing Site by Contractor before its presence is detected, and the Generator cannot be identified or fails to remove the material after being requested to do so, the Contractor shall arrange for its proper Disposal. The Contractor may make a good faith effort to recover the cost of Disposal from the Generator, and the cost of this effort, as well as the cost of Disposal shall be chargeable to the Generator . C . Response to Other Prohibited Materials Identified During Collection. If Contractor determines that material placed in any Roll-Off Container for Collection is a non -hazardous contaminant for that Roll-Off Container, the Contractor may refuse to accept such material. For purposes of this Section, "non-hazardous contaminant" means: (i) materials placed in the Recyclable Materials, Organic Materials, or C&D Roll-Off Container that are not included in the list of acceptable materials for that container; or (ii) materials placed in the Solid Waste Roll-Off Container that are acceptable Recyclable Materials, Organic Materials, and/or C&D, provided the Customer has subscribed to those Collection services. Whether the Contractor Collects the material or not, the Contractor shall, before leaving the Premises, leave a tag at least two inches by six inches (2" x 6") in size, which provides information on properly separating materials, and indicates the reason for refusing to Collect the material (if applicable). Upon request by the City, such tag shall include messaging in any non-English language spoken by a substantial number of Generators in the City. If Contractor identifies non-hazardous contaminants in an individual Customer's Roll-Off Container on more than three (3) occasions, Contractor shall notify the City. D. Regulations and Record Keeping. Contractor shall keep a record of all events of non-Collection resulting from identification of prohibited materials and shall comply with emergency notification procedures required by Applicable Laws and regulatory requirements. All records required by regulations shall be maintained at the Contractor's facility. These records shall include waste manifests, waste inventories , City of Fresno Non-Exclusive Roll-Off Agreement Page 31 waste characterization records, inspection records, incident reports, and training records. 6.7 NON-DISCRIMINATION Contractor shall not discriminate in the provision of service, or the employment of Persons engaged in performance of this Agreement on account of race, color, natural origin, ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any Applicable Law. 6.8 COMMUNICATION AND COOPERATION WITH CITY A. Communications. If requested, the Contractor shall meet with the City or its agent to discuss service issues. B. Inspection by City. The City, or its designated representatives, shall have the right to observe and review Contractor operations, Processing Sites and Disposal Sites used by Contractor, and enter Contractor's Premises for the purposes of such observation and review during reasonable hours without advance notice. C. Cooperate with City-Initiated Studies. Contractor shall cooperate with and assist the City or its agent with the performance of City-initiated studies of Permitted Materials such as, but not limited to, waste characterization and composition studies. ARTICLE 7 RECORD KEEPING AND REPORTING 7.1 GENERAL 7.1.1 Maintenance ofRecords Contractor agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with and to meet the reporting and Permitted Materials program management needs of City, the Act and other Applicable Laws, and the requirements of this Agreement. This Article is intended to highlight the general nature of records and reports to be maintained by Contractor, and their minimum content. This Article is not meant to comprehensively define what the records and reports are to be and their content. With the written direction by or approval of City, the records, and reports to be maintained and provided by Contractor in accordance with this and other Articles of the Agreement shall be adjusted in number, format, or frequency. Records and reporting may be revised to reflect current record keeping and reporting requirements. To the extent such requirements are set out in this and other Articles of this Agreement, they shall not be considered limiting or necessarily complete. City of Fresno Non-Exclusive Roll-Off Agreement Page 32 7.1.2 Retention ofRecords Unless otherwise required in this Article, Contractor shall retain all records and data required to be maintained by this Agreement for the Term of this Agreement plus five years after its expiration or earlier termination. Records and data shall be in chronological order and readily and easily interpreted. 7.1.3 Inspection of Records The City, its auditors, and other agents, shall have the right, during regular business hours, to inspect specific documents or records required by this Agreement or any other similar records or reports of the Contractor that the City shall deem, at its sole discretion, necessary to evaluate the Contractor's performance provided for in this Agreement. The City may make copies of any documents it deems relevant to this Agreement. The City shall provide Contractor written notice at least three Business Days prior to any inspection of these records, and Contractor shall retrieve and make available to the City the requested documents and records at that time. The City reserves the right to inspect records for the purposes of auditing the Contractor's reports, reported Diversion level, and fee payments to the City. If an audit conducted by the City , or its representatives, finds : (i) that the Contractor has made any intentional misrepresentation with respect to the fees dues to the City (e.g., Franchise Fees or other fees due to the City) in an amount greater than $1,000 or 10% of the fees due to the City during the period covered by the audit, whichever is greater, or (ii) that the Diversion level is 5% different than the Diversion level reported by the Contractor, then in addition to any other remedies available to the City, Contractor shall reimburse the City for the City's costs incurred in the performance of the audit. Such reimbursement shall be paid by Contractor, along with any underpaid fees and Liquidated Damages required by Section 11.4 and Exhibit A, within thirty calendar days of the date the City notifies the Contractor of the amount due. 7.1.4 Record Security Contractor shall maintain adequate record security to preserve records from events that can be reasonably anticipated such as fire, theft, and earthquake. Electronically maintained data and records shall be protected and backed-up. 7.2 RECORDS 7.2.1 Financial and Operational Records Contractor shall maintain accurate and complete accounting records containing the underlying financial and operating data relating to and showing the basis for computation of all revenues associated with providing Permitted Materials Collection, Transportation, Processing, Recycling , Composting , and Disposal services. The accounting records shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied. City of Fresno Non-Exclusive Roll-Off Agreement Page 33 At a minimum, the following operational records shall be maintained by Contractor for City relating to: A. Customer account information and billing records. B. Tonnage of material Collected by type (e.g., Solid Waste, Recyclable Material, Organic Material, or C&D) listed by Processing Site or Disposal Site where such materials were delivered. Where possible, information is to be separated by Residential and Commercial Customers. C. Tonnage of Recyclable Materials, Organic Material, and C&D Diverted from Disposal by Contractor and supporting documentation. D. Diversion level, which shall equal Tonnage Diverted by Contractor divided by the Tonnage Collected by Contractor multiplied by one hundred, listed separately by month for the previous quarter. Tonnage Diverted shall reflect Permitted Materials Processed less residue Disposed. E. Residue levels of Processed or Composted materials. F. Weight tickets from (i) Designated Disposal Site documenting the Tonnage of Solid Waste Collected within the City and delivered to the Designated Disposal Site; (ii) Processing Sites documenting the Tonnage of Permitted Materials Collected within the City and delivered to the Approved Processing Sites; and (iii) Approved Disposal Sites documenting the Tonnage of residue delivered to Approved Disposal Sites by vehicle, date, and time. G. End use and markets for recovered materials. Contractor shall make records available to the City upon request. 7 .2.2 Customer Records Contractor shall maintain accurate and complete records containing the number and types of accounts served by the Contractor. The records shall contain, at a minimum, the Customers name, type of business, phone number, address of Roll-Off Container delivery and Collection location, date of delivery and Collection, itemized listing of services performed, type of Permitted Material Collected, Tonnage Collected, and the amount charged to provide services. The information shall be provided to the City upon request. 7.2.3 CERCLA Defense Records City views its ability to defend itself against Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and related litigation as a matter of great importance. For this reason, the City regards its ability to prove where Permitted Materials Collected by the Contractor are taken for Processing, Recycling, Composting, Transfer, or Disposal, as well as where they are not taken, to be matters of concern. Contractor shall maintain, retain, and preserve records which can establish where Permitted Materials Collected were Processed, Composted, and Disposed (and therefore establish where City of Fresno Non-Exclusive Roll-Off Agreement Page 34 they were not). This provision shall survive the expiration or earlier termination of this Agreement. Contractor shall maintain these records for a minimum of ten years beyond expiration or earlier termination of the Agreement. Contractor shall provide these records to City (upon request or at the end of the record retention period) in an organized and indexed manner rather than destroying or disposing of them. 7.3 GENERAL REPORTING REQUIREMENTS The format of each report shall be approved by City. Contractor may propose report formats that are responsive to the objectives. Contractor agrees to mail a copy of all reports and submit all reports on computer discs, by e-mail, or by modem in a format compatible with City's software and computers at no additional charge. Contractor will provide a certification statement, under penalty of perjury, by the responsible Contractor official, that the report being submitted is true and correct to the best knowledge of such official after their reasonable inquiry. Contractor shall submit monthly reports within fifteen calendar days of the end of each month. If Contractor does not submit the monthly reports by the dates required in this Article, Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. Contractor shall submit (via mail and e-mail) all reports to: Solid Waste Division Manager City of Fresno 1325 El Dorado Street Fresno, CA 93706 7.4 MONTHLY REPORT The monthly report shall present the following information. A. Total Tonnage. Total Permitted Materials Tonnage Collected by Contractor within the City during the previous quarter, listed separately by material type and by month. B. Diverted Tonnage. Permitted Materials Tonnage Collected by Contractor within the City that was Diverted during the previous quarter, listed separately by material type and by month. C. Disposed Tonnage. Permitted Materials Tonnage Collected by Contractor within the City that was Disposed during the previous quarter, listed separately by month. D. Diversion Level. Tonnage Diverted by Contractor divided by the Tonnage Collected by Contractor multiplied by 100, listed separately by month for the previous quarter. Tonnage Diverted shall reflect Permitted Materials Processed less residue Disposed. E. C&D. Tonnage generated from construction and demolition permitted sites, noting the permit number, the site address, the Tonnage hauled, the date hauled, and the facilities to which the material was hauled. City of Fresno Non-Exclusive Roll-Off Agreement Page 35 F. Disposal and Processing Locations. Contractor shall provide a list of the names and addresses of where Permitted Materials Collected within the City during the previous quarter was Diverted and Disposed. Such list shall include the amount of Permitted Materials Tonnage Diverted and/or Disposed at each location during the previous quarter, listed separately by material type and by month. G. Prohibited Materials. Contractor shall provide a list of all instances where Contractor left a tag at a Customer Premises, as described in Section 6.6. Such list shall identify each event by Customer, reason for the tag, and whether the event resulted in non-Collection of the Customer's materials. H. Revenues. Gross revenues (e.g., cash receipts) earned on all Roll-Off Container Collection, Transportation, Processing , Recycling, Composting, and/or Disposal services provided to Customers within the City during the previous quarter, listed separately bymonth. I. Insurance. Updated insurance certificates. J. Account Information. In table format, the number of Customers within the City limits served, and number of Roll-Off Containers serviced per month listed by Roll-Off Container type (Drop Box or Compactor), Roll-Off Container size, and listed separately by Permitted Material type, and regularly scheduled service and unscheduled (on-call) service. K. Contractor Officers and Board Members. Provide a list of Contractor's officers and members of its board of directors (only required with the December monthly report each year, or in the event of a change in the officers or board members). The City reserves the right to request additional reports from Contractor, and upon City's request, Contractor shall provide information required above for the time period requested by the City. It is the desire of the City to track the above required information on an ongoing basis throughout the term of this Agreement. 7.5 AB 939 COUNTY SURCHARGE REPORTING Contractor acknowledges that City is a party to that certain AB 939 Memorandum of Understanding with the County of Fresno and various other jurisdictions dated January 6, 2008 (the "AB 939 MOU"), and further acknowledges having received and reviewed a copy of the AB 939 MOU. The Parties agree that Contractor is a "Jurisdiction's Hauler," as that term is used in Part IV, Section H of the AB 939 MOU. Contractor shall comply with all requirements of Part IV, Section Hof the AB 939 MOU that are applicable to a Jurisdiction's Hauler, including but not limited to submittal of reports and payment of the AB 939 Surcharge (as that term is defined in the AB 939 MOU). City of Fresno Non-Exclusive Roll-Off Agreement Page 36 ARTICLE 8 FRANCHISE FEES AND OTHER FEES 8.1 GENERAL Contractor shall collect the fees described in this Section from Customers through Contractor's regular billings and remit collected amounts to City monthly as described in Section 8.5. 8.2 FRANCHISE FEE In consideration of the exclusive rights provided Contractor herein, Contractor shall pay Franchise Fees to the City each month equal to 10% of actual gross Rate revenues (e.g., cash receipts) remitted to Contractor by Customers for services provided by Contractor under this Agreement. 8.3 OTHER FEES The City may set "other" additional fees, as it deems necessary. The amount, time, and method of payment and adjustment process will be set in a manner similar to that for other fees described in this Article. 8.4 ADJUSTMENT TO FEES City may adjust the fees established in this Article annually at any time during the Term of th is Agreement. 8.5 PAYMENT SCHEDULE AND LA TE FEES On or before the 20th day of each month during the Term of this Agreement, Contractor shall remit to City Franchise Fees and other fees as described in this Article. If such remittance is not paid to the City on or before the 20th day of any month, Contractor shall pay, in addition to the amount owed to City, 2% of the amount owing for that month; plus, an additional 2% owing on any unpaid balance for each following thirty calendar day period the fee remains unpaid. Each monthly remittance to City shall be accompanied by a statement itemizing each fee paid; detailing calculation of all fees; stating actual gross revenues (e.g., cash receipts) for the monthly period collected from all operations conducted or permitted by this Agreement and stating the number and size of containers serviced by Contractor for the monthly period. Each remittance including all supporting documentation shall be provided to: Attn: City Controller, Finance Department City of Fresno 2600 Fresno Street Fresno, CA 93721-3624 City of Fresno Non-Exclusive Roll-Off Agreement Page 37 8.6 OVERPAYMENT OF FEES If Contractor believes it has paid Franchise Fees or other fees as described in this Article, in excess of the fees due to the City, Contractor may submit a request for refund to the Director. If proof of overpayment is satisfactory to the Director, the Director shall authorize the City to refund the overpayment to the Contractor. Contractor shall not apply any overpayment as a credit against any Franchise Fee or other amounts payable to the City, unless specifically authorized to do so by the Director in writing. 8.7 NON-CITY FEES; AB 939 COUNTYSURCHARGE Pursuant to Section 7.5, Contractor shall pay the County of Fresno an AB 939 surcharge as applicable in accordance with the AB 939 MOU. ARTICLE 9 CONTRACTOR'S COMPENSATION AND RA TES 9.1 CONTRACTOR'S COMPENSATION Contractor's compensation for performance of all its obligations under this Agreement shall be: (i) actual Rate revenues paid to Contractor (e.g., cash receipts) by Customers that obtained Contractor's Collection services less fees dues to the City in accordance with Article 8, and (ii) revenues generated by the sale of Collected materials Diverted from Disposal. Contractor's compensation provided for in this Article shall be the full, entire, and complete compensation due to Contractor pursuant to this Agreement for all labor, equipment, materials and supplies, Processing, Composting, and Disposal fees, regulatory fees, City fees, taxes, insurance, bonds, overhead, operations, profit, and all other things necessary to perform all the services in the manner required by this Agreement. If Contractor's costs are more than Contractor's compensation, Contractor shall not be compensated for the difference in costs and revenues. If Contractor's costs are less than Contractor's compensation, Contractor shall retain the difference. 9.2 CITY'S RIGHT TO SET MAXIMUM RA TES The City reserves the right to establish maximum Rates for Permitted Materials Collection services provided under this Agreement if: (a) there are three or fewer companies holding non-exclusive franchise agreements for Collection of Permitted Materials, or (b) the Rates charged by the companies holding non-exclusive franchise agreements for Collection of Permitted Materials are no longer comparable to those of other jurisdictions, as reasonably determined by City. If the City chooses to exercise its right to set maximum Rates, City shall notify Contractor at least 1 8 0 calendar days prior to the date that maximum Rates become effective. In such case, City will set maximum Rates with consideration of reasonable and necessary costs for Collection, Processing, Composting, and Disposal and with the intention of setting maximum Rates that will enable parties, including the Contractor, that have executed Non-Exclusive Franchise Agreements with the City for Roll-Off Container Collection Services the ability to recover reasonable and necessary costs and a reasonable City of Fresno Non-Exclusive Roll-Off Agreement Page 38 profit. 9.3 CONTRACTOR'S RA TES Contractor shall set the Rates it charges its Customers for Roll-Off Collection services. The Contractor's Rates shall not exceed City-established maximum Rates if the City exercises its rights under Section 9.2. ARTICLE 10 INDEMNITY AND INSURANCE 10.1 INDEMNIFICATION To the furthest extent allowed by law, 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 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. CONTRACTOR'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 negligence, or caused by the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers. Contractor's duty to defend and indemnify herein shall include Damages arising from or attributable to any operations, repairs, clean-up or detoxification, or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste Collected in the City. Contractor shall be required to indemnify the City for the costs for any claims arising from the Processing, Composting, or Disposal of Permitted Materials , including, but not limited to, claims arising under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The foregoing is intended to operate as an agreement to defend and indemnify and hold harmless indemnities to the full extent permitted for liability pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364. In addition, Contractor's duty to defend and indemnify herein includes all fines and/or penalties imposed by the California Department of Resources Recycling and Recovery, subject to the restrictions set forth in Public Resources Code Section 40059.1, if the requirements of the Act are not met by the Contractor with respect to the Permitted Materials Collected under this Agreement, and such failure is due to Contractor delays in providing information that prevents Contractor or City from submitting reports required by the Act in a timely manner. Nothing herein shall waive or limit City's governmental immunities. This provision will survive the expiration or earlier termination of this Agreement and shall not be construed as a waiver of rights by City to contribution or indemnity from third parties. This section shall survive termination or expiration of this Agreement. City of Fresno Non-Exclusive Roll-Off Agreement Page 39 10.2 INSURANCE (a) Throughout the life of this Agreement, Contractor 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 his/her designee at any time and in his/her 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. (b) If at any time during the life of the Agreement or any extension, Contractor 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 Contractor 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 Contractor of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, 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 Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, vendors, suppliers, invitees, contractors, 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 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 City of Fresno Non-Exclusive Roll-Off Agreement Page 40 (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 ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence fonn and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. MINIMUM LIMITS OF INSURANCE Contractor shall procure and maintain for the duration of the contract, and for five years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 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. COMMERCIAL AUTOMOBILE LIABILITY $1,000,000 per accident for bodily injury and property damage. Workers' Compensation Insurance as required by the State of California with statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than: (v) $1,000,000 each accident for bodily injury; (vi) $1,000,000 disease each employee; and, (vii) $1,000,000 disease policy limit. UMBRELLA OR EXCESS INSURANCE In the event Contractor 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 City of Fresno Non-Exclusive Roll-Off Agreement Page 41 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 Contractor shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and Contractor 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 his/her designee. At the option of the City's Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, agents and volunteers; or (ii) Contractor shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS (i) A// 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 has been given to City, except ten days for nonpayment of premium. Contractor 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, Contractor 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, Contractor 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. (ii) The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form. (iii) The Commercial General, and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured. Contractor shall establish additional insured status for the City and for all ongoing and completed operations under Commercial General and Liability policies 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. City of Fresno Non-Exclusive Roll-Off Agreement Page 42 (iv) All such policies of insurance shall be endorsed so the Contractors' insurance shall be primary, and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. If Contractor 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 Contractor. (v) 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. (vi) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance with respect to the City, its officers, officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (vii) 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. PROVIDING OF DOCUMENTS -Contractor 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 his/her 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, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of Contractor 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, Contractor 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 Contractor 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. City of Fresno Non-Exclusive Roll-Off Agreement Page 43 The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, 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 Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS -If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and Contractor shall ensure that City, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor. ARTICLE 11 DEFAULT AND REMEDIES 11.1 EVENTS OF DEFAULT Each of the following shall constitute an event of default (Event of Default) hereunder: Contractor fails to perform its obligations under this Agreement, or future amendment to this Agreement, including, but not limited to, Contractor's failure to pay Franchise Fees and other City fees in accordance with Article 8 of this Agreement, and the breach continues for more than ten Business Days after written notice from the City for the correction thereof. A. Contractor's failure to Divert 75% of the C&D, 70% of the Recyclable Materials, and 90% of Organic Materials Collected in the City as required by Section 5.3 of this Agreement after Contractor is given an opportunity to remedy the nonperformance as described in Section 11.5. B. Any representation, warranty, or disclosure made to City by Contractor in connection with or as an inducement to entering into this Agreement or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation, warranty, or disclosure appears as part of this Agreement. C. There is a seizure or attachment (other than a pre-judgment attachment) of, or levy affecting possession on, the operating equipment of Contractor, including without limit its vehicles, maintenance or office facilities, or any part thereof of such proportion as to substantially impair Contractor's ability to perform under this Agreement and which cannot be released, bonded, or otherwise lifted within 48 hours excluding weekends and Holidays. City of Fresno Non-Exclusive Roll-Off Agreement Page 44 D. Contractor files a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer of equipment no longer useful to Contractor or necessary for this Agreement), trustee (other than as security for an obligation under a deed of trust), custodian, sequestrator (or similar official) of the Contractor for any part of Contractor's operating assets or any substantial part of Contractor's property, or shall make any general assignment for the benefit of Contractor's creditors, or shall fail generally to pay Contractor's debts as they become due or shall take any action in furtherance of any of the foregoing. E. A court having jurisdiction shall enter a decree or order for relief in respect of the Contractor, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or Contractor shall consent to or shall fail to oppose any such proceeding, or any such court shall enter a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Contractor or for any part of the Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs of Contractor. 11.2 RIGHT TO TERMINATE UPON DEFAULT Upon a default by Contractor, the City may terminate this Agreement within ten calendar days of the default but no later than one hundred eighty calendar days after the default. Such termination shall be effective ten calendar days following the City's written notice to Contractor, and such termination shall be effective without the need for any hearing, suit, or legal action. 11.3 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE The City's right to terminate the Agreement under Section 11.2 is not exclusive, and the City's termination of the Agreement and/or the imposition of Liquidated Damages shall not constitute an election of remedies. Instead, these rights shall be in addition to any and all other legal and equitable rights and remedies which the City may have. By virtue of the nature of this Agreement, the urgency of timely, continuous, and high-quality service, the lead time required to effect alternative service, and the rights granted by City to the Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled to injunctive relief. 11.4 LIQUIDATED DAMAGES A. General. The Parties find that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such City of Fresno Non-Exclusive Roll-Off Agreement Page 45 breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that services might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties further acknowledge that consistent, reliable Roll-Off Collection, Processing, and Disposal service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality-of- service commitment in executing this Agreement. The Parties recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if Contractor fails to achieve the performance standards or fails to submit required documents in a timely manner, City and its residents and businesses will suffer damages, and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages that City will suffer. Therefore, without prejudice to City's right to treat such non-performance as an event of default under this Article, the Parties agree that the Liquidated Damages amounts established in Exhibit A of this Agreement and the following Liquidated Damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the Effective Date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. Contractor agrees to pay (as Liquidated Damages and not as a penalty) the amounts set forth in the Schedule of Liquidated Damages, Exhibit A. City may determine the occurrence of events giving rise to Liquidated Damages through the observation of its own employees or representative or investigation of complaints by Customers, occupants, and Generators. Liquidated Damages will only be assessed after Contractor has been given the opportunity but failed to rectify the damages as described in this Agreement. Before assessing Liquidated Damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s) and/or non- performance. The City may review (and make copies at its own expense) all information in the possession of Contractor relating to incident{s) and non- performance. City may, within ten calendar days after issuing the notice, request a meeting with Contractor. City may present evidence of non-performance in writing and through testimony of its employees and others relevant to the incident(s) and non-performance. City will provide Contractor with a written explanation of its determination on each incident(s) and non-performance prior to authorizing the City of Fresno Non-Exclusive Roll-Off Agreement Page 46 assessment of Liquidated Damages under this Section 11.4. The decision of City shall be final, and City shall not be subject to, or required to exhaust, any further administrative remedies. C. Amount. City may assess Liquidated Damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement in the amounts specified in Exhibit A subject to annual adjustment described below. The amount of Liquidated Damages specified in Exhibit A shall be adjusted annually on the anniversary of the Effective Date. The adjustment shall be rounded to the nearest cent. Liquidated Damage amounts shall be adjusted to reflect changes in the Consumer Price Index -All Urban Consumers (CPI-U) compiled and published by the U.S. Department of Labor, Bureau of Labor Statistics, or its successor agency, using the following Bureau of Labor Statistics' parameters. • Not Seasonally Adjusted • Area -Los Angeles-Riverside-Orange County, CA • Item -All Items • Base Period -198284= 100 The formula for annual adjustment is as follows: Adjusted Liquidated Damage Amount= Then-current Liquidated Damage Amount x most current CPI -LI/previous 12-month CPI-U For example: Current Liquidated Damage Amount = $150.00 Most recently published index (January 2017) = 224.610 Index published 12 months prior to most recently published index (January 2016) = 220.719 Adjusted Liquidated Damage Amount= $150.00 x (224.610/220.719) = $152.64 If the CPI-U is discontinued or revised during the Term by the United States Department of Labor, such other government index or computation with which it is replaced shall be used to obtain substantially the same result as would be obtained if the CPI had not been discontinued or revised. D. Timing of Payment. Contractor shall pay any Liquidated Damages assessed by City within ten calendar days of the date the Liquidated Damages are assessed. If they are not paid within the ten-day period, City may order the termination of the rights or "franchise" granted by this Agreement. 11.5 DIVERSION NON-PERFORMANCE If the Contractor's Diversion level is less than 75% for C&D, less than 70% for Recyclable Materials, and/or less than 90% for Organic Materials Collected in the City for a monthly reporting period, the following steps shall be followed by the City and Contractor. City of Fresno Non-Exclusive Roll-Off Agreement Page 47 A. Warning. The City shall issue a written warning to the Contractor within thirty calendar days of receipt of the Contractor's monthly report documenting the Diversion level for the monthly reporting period. The warning notice shall specify the amount of time (i.e., "correction period") the City grants the Contractor to improve its performance and meet the Diversion requirements defined in Section 5.3. B. Opportunity to Improve Performance. The Contractor shall modify its Collection, Processing, Diversion, and public education and outreach programs (subject to the City's approval) to improve the Diversion level. At the end of the correction period, Contractor shall submit a written report to the City identifying the Diversion level and providing the supporting documentation. If the City determines that the Diversion level equals or exceeds Diversion requirements defined in Section 5.3, the Contractor shall continue to perform services in such a manner as to maintain or improve the Diversion level and the City shall waive its rights to proceed with steps outlined in subsections C and D of this Section 11.5 during the remainder of then- current reporting period . C. Liquidated Damages. If the Contractor fails to improve the Diversion level so that it is equal to or greater than Diversion requirements defined in Section 5.3 by the end of the correction period granted in subsection A of this Section, the City may levy, and Contractor shall pay, Liquidated Damages described in Section 11.4. D. Termination of the Agreement. If Contractor's fails to achieve a Diversion level that equals or exceeds Diversion requirements defined in Section 5.3 within six months of the date the City levied Liquidated Damages, the failure to meet the Diversion requirements defined in Section 5.3 shall be considered an event of default and the City may terminate the Agreement in accordance with Section 11.2. 11.6 CONDITIONS UPONTERMINATION In the event this Agreement is terminated under the provisions of this Article, the following conditions shall be effective: A. Prohibit Roll-Off Collection Services. Contractor shall have no right or authority to engage in Roll-Off Collection services in the City for a period of five years from the date of termination. After five years, should the Contractor provide proof that the event causing the Contractor to default under this Agreement has been corrected, the Contractor may reapply for a non-exclusive Roll-Off Collection service franchise, and the City, at the sole and complete discretion of the City, may reinstate the Contractor based on review of its reapplication. B. Continuing Liabilities. Contractor shall remain liable to the Cityfor: 1. Fees due in accordance with Article 8 that would otherwise be payable by the Contractor. 2. Liquidated Damages assessed pursuant to Section 11.4. City of Fresno Non-Exclusive Roll-Off Agreement Page 48 3. Reports required by Article 7 for Roll-Off Collection activities performed by Contractor up to and including the date of termination. 4. Indemnity obligations under Section 10.1. 5. Record keeping and retention obligations under Sections 7.1 and 7.2 . C. Release Customers and Generators from Obligations. Contractor shall allow Permitted Materials Generators served by Contractor to arrange for Permitted Materials Collection services with a hauler authorized to perform such services , without penalty or liability for breach of any contract between Contractor and its Customers orGenerators . D. Remove Roll-Off Containers. Contractor shall remove all of Contractor's Roll-Off Containers from all of Contractor's Collection locations and shall properly Recycle, Process, Compost, or Dispose of Permitted Materials in such Roll -Off Containers. ARTICLE 12 OTHER AGREEMENTS OF THE PARTIES 12.1 RELATIONSHIP OF PARTIES The Parties intend that Contractor shall perform the services required by this Agreement as an independent Contractor engaged by City and not as an officer nor employee of the City , nor as a partner of, or joint venturer with, the City. No employee or agent of Contractor shall be, or shall be deemed to be, an employee or agent of the City. Except as expressly provided herein, Contractor shall have control over the manner and means of conducting the Roll -Off Container Collection, Transportation, Processing, Recycling, Composting, and Disposal services performed under this Agreement, and all Persons performing such services. Contractor shall be solely responsible for the acts and omissions of its officers, employees, Subcontractors, and agents. Neither Contractor nor its officers, employees, Subcontractors, and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with the City. 12.2 PERMITS AND LICENSES Contractor shall obtain and maintain, at Contractor's sole cost and expense, all permits and licenses applicable to Contractor's operations under this Agreement which are required by any governmental agency, including a business license issued by the City of Fresno . City of Fresno Non-Exclusive Roll-Off Agreement Page 49 12.3 COMPLIANCE WITH LAW Contractor shall, at all times, at its sole cost, comply with all Applicable Laws permits and licenses of the United States, the State 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. 12.4 GOVERNINGLAW This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 12.5 JURISDICTION Any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the courts of Fresno County in the State of California, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the Parties agree that this Agreement is made in and will be performed in Fresno County. 12.6 BINDING ON SUCCESSORS The provisions of this Agreement shall inure to the benefit to, and be binding on, the successors and permitted assigns of the Parties. 12. 7 ASSIGNMENT Neither Party shall assign its rights nor delegate or otherwise transfer its obligations under this Agreement to any other Person without the prior written consent of the other Party. Any such assignment made without the consent of the other Party shall be void and the attempted assignment shall constitute a material breach of this Agreement. Under no circumstances shall any assignment be considered by City if Contractor is in default at any time during the period of consideration. 12.8 PARTIES IN INTEREST Nothing in this Agreement, whether express or implied, is intended to confer any rights on any Persons other than the Parties to it and their representatives, successors and permitted assigns. 12.9 WAIVER The waiver by either Party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision. The subsequent acceptance by either Party of any monies which become due hereunder, shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other City of Fresno Non-Exclusive Roll-Off Agreement Page 50 Party of any provision of this Agreement. 12.10 NOTICE PROCEDURES All notices, demands, requests, proposals, approvals, consents, and other communications which this Agreement requires, authorizes, or contemplates all, shall be in writing and shall either be personally delivered to a representative of the Parties at the address below or deposited in the United States mail, first class postage prepaid, addressed as follows: A. If to City: Director of Public Utilities, City of Fresno 2600 Fresno St., Room 3065 Fresno, CA 93721-3624 B. If to Contractor: Valley Dumpster Service LLC 1187 N. Willow Ave. STE: 103 Unit 314 Clovis, Ca 93611 The address to which communications may be delivered may be changed from time to time by a notice given in accordance with this Section. Notice shall be deemed given on the day it is personally delivered or, if mailed, three calendar days from the date it is deposited in the mail. 12.11 REPRESENTATIVES OF THEPARTIES References in this Agreement to the "City" shall mean the City Council and all actions to be taken by the City shall be taken by the City Council except as provided below. The City Council may delegate, in writing, authority to the Director and/or to other City officials and may permit such officials, in turn, to delegate in writing some or all of such authority to subordinate officers. The Contractor may rely upon actions taken by such delegates if they are within the scope of the authority properly delegated to them. The Contractor shall, by the Effective Date, designate in writing a responsible officer who shall serve as the representative of the Contractor in all matters related to the Agreement and shall inform the City in writing of such designation and of any limitations upon his or her authority to bind the Contractor. The City may rely upon action taken by such designated representative as actions of the Contractor unless they are outside the scope of the authority delegated to him/her by the Contractor as communicated to City. 12.12 CRIMINAL ACTIVITY OF CONTRACTOR 12.12.1 Criminal Activity For purpose of this Section, Criminal Activity shall mean any of the following events or circumstances: City of Fresno Non-Exclusive Roll-Off Agreement Page 51 A. Convictions. The entry against any Contractor Party or its officers, of a criminal conviction or a permanent mandatory or prohibitory injunction from a court, municipality, or regulatory agency of competent jurisdiction, based on acts taken in his or her official capacity on behalf of Contractor with respect to: 1. Fraud or criminal offense in connection with obtaining, attempting to obtain, procuring, or performing a public or private agreement related to municipal Solid Waste services of any kind (including Collection, Transportation, transfer, Processing, Recycling, Composting, or Disposal), including this Agreement or any amendment thereto; 2. Bribery or attempting to bribe a public officer or employee of a local, State, or Federal agency; 3. Embezzlement, extortion, racketeering, false claims, false statements, forgery, falsification or destruction of records, obstruction of justice, knowingly receiving stolen property, theft, or misprision (failure to disclose) of a felony; 4 . Unlawful disposal of Hazardous Wastes, the occurrence of which any Contractor Party knew or should have known; 5. Violation of antitrust laws, including laws relating to price-fixing, bid- rigging, and sales and market allocation, and of unfair and anti- competitive trade practices laws; 6. Violation of securities laws; and 7. Felonies . B. Pleas. Entry of a plea of "guilty," "nolo contendere," or "no contest" by a Contractor Party based on acts taken in his, her, or its official capacity on behalf of Contractor with respect to the conduct described in preceding Section 12 .12.1.A. 12.12.2 Notice Contactor shall notify City in writing within five calendar days of occurrence of any Criminal Activity by any Contractor Party. 12.12.3 Contractor's Cure Upon occurrence of any Criminal Activity, Contractor shall immediately do or cause to be done all of the following: A. Terminate from employment or remove from office any offending individual Contractor Party, unless otherwise directed or ordered by a court or regulatory agency of competent jurisdiction or authority, and unless that termination would constitute a breach of any labor agreement entered into by Contractor, City of Fresno Non-Exclusive Roll-Off Agreement Page 52 and B. Eliminate participation by any offending individual Contractor Party in any management, supervision, or decision activity that affects or could affect, directly or indirectly, the performance of the Contractor under this Agreement. 12.12.4 Transfer and Hiring Contractor shall not allow or cause to be allowed to hire or transfer any individual from any Parent Company or subsidiary company or business entity of Contractor who has committed Criminal Activity as a Contractor representative, field supervisor, officer, or director who is directly or indirectly responsible for performance of this Agreement without obtaining prior written consent of City, following full disclosure to City of the facts and circumstances surrounding such Criminal Activity. 12.12.5 City's Remedy In the event of any occurrence of Criminal Activity, the City, in its sole discretion, may terminate the Agreement within thirty calendar days written notice to Contractor, or may impose other sanctions (which may include financial sanctions, temporary suspensions, or any other condition deemed appropriate short of termination) as it will deem proper, in the following events: A Contractor fails to comply with the foregoing obligation of this Section, or B. The Criminal Activity concerns or relates directly or indirectly to this Agreement. Contractor shall be given the opportunity to present evidence in mitigation during the thirty calendar day notice period . 12.13 ACKNOWLEDGEMENT OF PUBLIC RESOURCES CODE SECTION 49520 NOTICE If Contractor has lawfully provided solid waste collection services in the City for more than three years prior to July 1, 2022 , (and is therefore entitled to the notice provided for in Public Resources Code 49520), Contractor shall consider execution of this Agreement by the City as City's notice to Contractor, pursuant to Public Resources Code 49520, that Contractor may provide service for a period of five years beyond July 1,2022, after which time the City has the right to establish an exclusive franchise collection system. ARTICLE 13 MISCELLANEOUS AGREEMENTS 13.1 ENTIRE AGREEMENT This Agreement, including the Exhibits, represents the full and entire Agreement between the Parties with respect to the matters covered herein. 13.2 SECTION HEADINGS The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. City of Fresno Non-Exclusive Roll-Off Agreement Page 53 13.3 REFERENCES TO LAWS All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. 13.4 INTERPRETATION This Agreement shall be interpreted and construed reasonably and neither for nor against either Party, regardless of the degree to which either Party participated in its drafting. 13.5 PRONOUNS AND PLURALS; TENSE When not inconsistent with the context, words and phrases used in the present tense include the future, and words and phrases used in the singular number include the plural number. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine and neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa. 13.6 TEXT TO CONTROL The captions of the Articles or Sections in this Agreement are for convenience only and in no way define, limit, extend or describe the scope or intent of any of the provisions hereof, shall not be deemed part of this Agreement and shall not be used in construing or interpreting this Agreement. 13.7 AMENDMENT This Agreement may not be modified or amended in any respect except in writing signed by the Parties. 13.8 SEVERABILITY If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, which shall be enforced as if such invalid or unenforceable provision had not been contained herein. 13.9 COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be considered an original. 13.10 EXHIBITS Each of the Exhibits identified as Exhibit "A" through "D" is attached hereto and incorporated herein and made a part hereof by this reference. City of Fresno Non-Exclusive Roll-Off Agreement Page 54 IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed on the day and year first above written. CITY OF FRESNO, A California municipal corporation By: _____________ _ Brock D. Buche, PE, PLS, Director Department of Public Utilities APPROVED AS TO FORM ANDREW JANZ :z:?: Angela M . Karst Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: __________ _ Deputy Date a California Contractor By: Valley Dumpster Service LLC Name: Margaret Funk Title: General Partner (If corporation or LLC, Board Chair, Pres . or Vice Pres .) Name: Margaret Funk Title: General Partner (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Business License: 455266 --- City of Fresno Non-Exclusive Roll-Off Agreement Page 55 EXHIBIT A SCHEDULE FOR LIQUIDATED DAMAGES Contractor may be assessed Liquidated Damages if Contractor fails to fulfill its obligations with regards to the events listed in this Exhibit in accordance with the terms and conditions of the Agreement with regards to the time frame for accomplishing each event and nature of the responsibility associated with the event unless otherwise stated in this Exhibit. 1 . Diversion. Failure to achieve and maintain a minimum of The greater of 75% Diversion per month of all C&D Collected within the $5,000 or 10% of City, 70% Diversion per month of all Recyclable Materials the gross Rate Collected within the City, and 90% of all Organic Materials revenues received Collected within the City. for providing C&D, Recyclable Materials, and Organic Materials services in the City, for the most recent 12-month 2. Leaks, Litter or Spills. For each occurrence over five $300/ event during a calendar year of unreasonable leaks, litter, or spills of Permitted Materials near or on public streets and failure to pick u p or clean up such material immed iate ly . 3 . Unauthorized Collection Hours. For each occurrence $300/ event over five during a calendar year of Collecting Permitted Materials durin g unauthorized hours. 4 . Excessive Noise. For each occurrence over 10 during a $300/ event calendar year 5 . Cleaning Collection Vehicles. For each occurrence over $150/ event five during a calendar year for failure to keep Collection vehicles in a safe and sanitary condition. 6 . Labeling of Roll-Off Containers. For each occurrence of $500/ event Contractor's failure to correctly label Contractor-owned Ro ll-O ff Cont ai ners (i n accordance w ith Sect ion 6 .4 ). 7 . Discourteous Behavior. For each $500/ event occurrence of discourteous behavior by Collection vehicle personnel , c ustomer service 8. Injuries to Others. For each incident of personal injury to $5,000/ incident a Person requ iring medical treatment or hospitalization, where the negligence of the Contractor or its personnel was a contributing factor to the in j ury. 9 . Monthly Reports. Failure to submit monthly reports in the $300/ day* timeframe specified in this Agreement. 10. Report Hazardous Waste. For each failure to notify the $500/ event appropriate authorities of reportable quantities of Hazardous Waste. A-1 11 . Failure of Other Obligations. Failure to perform any of the $150/ for each obligations set forth in this Agreement not specifically stated obligation per day above and not corrected or proceeding in good faith to until obligation i s correct within 24 hours upon 24 hour notification oerformed * Monthly reports shall be considered late until such time as a correct and complete monthly report is received by City. For each calendar day a report is late, the daily Liquidated Damage shall be as indicated in the monthly reports section above. In placing Designee's initials at the places provided, each Party specifically confirms the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of Liquidated Damage provisions of the time that the Agreement was made. Contractor City Initial Here: 'fY) .ff[: Initial Here : A,(M A-2 EXHIBIT B SECRETARY'S CERTIFICATION The undersigned, being the Secretary of Valley Dumpster Service LLC, a Company Name California corporation (the Company), do hereby certify that the following resolution was adopted by the Board of Directors of the Company and that such resolution has not been amended, modified or rescinded and is in full force and effect as of the date hereof: RESOLVED, that Margaret Funk be, and hereby is, authorized to Name of Designated Representative execute by and on behalf of the Company any and all agreements, instruments, documents, or papers, as he/she may deem appropriate or necessary, pertaining to or relating to the Non-Exclusive Franchise Agreement between the City of Fresno and Company for Roll-Off Container Collection, Transporting, Processing, Recycling, Composting, and Disposal of Permitted Materials and that any such action taken to date is hereby ratified and approved. Dated : 0412112023 Title B -1 8-2 This page intentionally blank EXHIBIT C STATEMENT OF APPLICANT'S UNDERSTANDING AND REPRESENTATIONS The undersigned (who is duly authorized to bind the company submitting this application) has reviewed the requirements of the non-exclusive franchise agreement for Roll-Off Collection, Transporting, Processing, Recycling , Composting, and Disposal services for Solid Waste, Recyclable Materials, Organic Mat eria ls , and C&D, its exhibits, and reference documents. In addition, the undersigned attests that this application and any other supplementary information submitted with this application do not: (i) contain any untrue statement of a material fact, (ii) contain inaccurate or misleading information, or (iii) omit to state a material fact that is necessary to make the statements made, in light of the circumstances in which they were tnade, not misleading. Print Name Date Title Compan Name 1 C -1 This page intentionally blank EXHIBIT D APPROVED PROCESSING AND RESIDUE DISPOSAL FACILITIES The following facilities were selected by the Contractor and approved by the City. Approved C&D Processing Approved Disposal Site Site (Applicable for Residue Only) * Facility name n AfT S Facility address 3YS7 '3. c.{J.1( Ave, ~t,r10 1 Ca.. q:37..?,~ RDRS number Owner Operator Approved Recyclables Approved Disposal Site I Processing (Applicable for Residue Site Only)* Facility name K,v Q",,tl Q .• hil'l1t"i lraJlts.kf Facility address I s+.:rfi·cn ' I ci.fu3 N. (<..-c.c.. Rt- F<--tsno, c ... °t:37:i.5 RDRS number Owner Operator Approved Organics Approved Disposal Site Processing (Applicable for Residue Site Only)* Facility name Facility address W os.1-<_ ffio'{lt~~ {'(Vllf of tr<Srrzl 43?13 E.. ~/hrs<>n /t-v< · fr <sv10, <2.A q37~s RDRS number Owner Operator * All Solid Waste shall be Disposed of at the Designated Disposal Facility. Contractor City Initial Here: i V/-d" Initial Here: .A/1/2 D -1 This page intentionally blank 1187 N. WILLOW AVE. STE: 103 UNIT 314 CLOVIS, CA 93611 T 559 999-5797 U WWW.VALLEYDUMPSTERSERVICE.COM Valley Dumpster Service LLC January 23,2023 City of Fresno Department of Public Utilities-Solid Waste Management Division 1325 El Dorado Fresno, Ca 93706 (559) 621-1894 Re: Non Exclusive Franchise Agreement Application Dear City of Fresno Dept. of Public Utilities-Solid Waste Management Division: Valley Dumpster Service LLC would like to submit a non-exclusive franchise agreement application for One Time Waste/Junk Removals. 1. Applicant Information: A. Valley Dumpster Service LLC B. Individual/Sole Proprietor Single Member LLC C. Mike Funk, C.O.O. (559) 999-5797 Office (559) 970-4951 Mobile info@valleydumpsterservice.com D. Valley Dumpster Service LLC 1187 N. Willow Ave. STE: 103 Unit 314 Clovis, Ca 93611 E. N/A F. Margaret Funk General Partner, Mike Funk, Partner G. Margaret Funk C.F.O, Mike Funk C.O.O. H. March 1, 2023 2 2. A. Qualifications Information: 1-3. Mike Funk Owner/Operator 18834 Via Bellagio Friant, Ca 93626 Margaret Funk Owner/Operator 18834 Via Bellagio Friant, Ca 93626 2. B. Experience: Valley Dumpster Service LLC is a new start up business owned and operated locally by Mike and Margaret Funk, a husband-and-wife team who formerly started, owned, operated and recently sold U.S. Tint/Shadow Enterprises, a licensed contractor who ran a retail location in Fresno and worked with Multiple Federal Government Agencies, The State of California, County of Fresno, City of Fresno, City of Clovis and additional cities located throughout the San Joaquin Valley for specialty flat glass window film and automotive products required for job specific projects. During this time period, Mike and Margaret Funk Privately volunteered to help family work an orchard collecting, transporting and disposing mostly vines, trees and shrubs but sometimes Waste/Junk to Approved Recycle/Waste Disposal Facilities in Fresno up until their passing and property sale in 2014. Valley Dumpster Service will be offering Residential and Commercial One-Time Collection and Transportation Service of Solid Waste/Junk Materials in various sizes of Roll-Off Containers to Various Approved Disposal Facilities Sites in and throughout the Fresno Area and will uphold the City’s Municipal Code, Article 2 Section 6 to minimize any potential environmental adverse effects. Valley Dumpster Service will maintain a website containing written rules and instructional videos with descriptions of “Accepted” and “Unaccepted” Disposable Waste Items and require a signed contract to ensure clients have read and understand this agreement prior to scheduling a container for rental service. Additionally, at drop-off, a pamphlet with listed “Terms and Conditions” will be handed out as a final reminder of this agreement. Containers will be clearly marked with the Company Name, Reflective Red and White Safety Tape Markers, “Fill Line” Level Markers and a Large 12 x 9 “No Dumping” Sign and List of Unaccepted Items Visibly Posted on the front and back of each container as well. Prior to Transportation, Valley Dumpster Service will Survey and Access the container to ensure a Safe Transportation and Disposal will be properly delivered to an Approved Disposal Facility. 3 C. Municipal References: N/A D. Customer References: 1. Property Management Eisner-Fourchy Group Anthony Reta 6393 N. Santa Lucia Way Fresno, Ca 93722 (559) 999-8748 2. Automotive Glass Shop All American Glass Vince Ceppagglia 6111 N. Blackstone Ave. Fresno Ca 93710 (559) 432-7596 3. Krueger Landscaping Tim Krueger 18934 Via Bellagio Dr. Friant, Ca 93626 (559) 287-7431 E. Proof of Insurance See Attachment F. Litigation, Regulatory Actions, and Liquid Damages None G. Criminal History None 4 3. A. Diversion Plan: Non Hazardous Waste One-Time Collection Only Valley Dumpster Service does not Accept: Paint or Solvent Liquids, Batteries, Tires, Mattresses, Large Appliances, Propane Tanks, T.V.’s, Computers, Fax Machines, Video Game Consoles, Peripheral Devices, VHS/DVD Players, Radios or Stereo Equipment which is posted on web site, on all containers and on a signed client contract. Valley Dumpster Service will use The City of Fresno Approved Disposal Facilities & Transfer Stations for Non Hazardous Waste, C&D and Wood Recycling to ensure all waste collected from clients will be separated if necessary and responsibly by the transfer station in order to properly dispose of solid waste and recycle unwanted materials. and recycle unwanted materials. In the case of Yard/Green Waste or Organic Food Scraps have been placed into a roll-off container, Valley Dumpster Service will utilize all Approved Disposal Facilities &Transfer Stations that separate and divert materials accordingly. Valley Dumpster Service LLC is committed to providing their communities with environmentally responsible “One-Time” Solid Waste/Junk Removal to businesses and homeowners located in and throughout Fresno, Clovis and the San Joaquin Valley and is dedicated to upholding the SB1383 ESAP Regulation. B. Vehicles: 1 Vehicle 2021 Chevy Silverado 6500 HD Hook Lift Crew Cab Truck New – No Plate 2 Axels GVWR – 23,000 lbs VW – 13,260 lbs. 5 C. Roll-Off Containers 6 - 15 Yard Red Roll-Off Containers 3 - 20 Yard Red Roll-Off Containers 1 - 10 Yard Red Roll-Off Container 1 – 20 Yard Pink Roll-Off Container D. Collection Schedule: Specific, One-Time Waste/Junk Drop Off, Pick-Up and Transportation Service E. Permitted Materials to be Collected: Non Hazardous Solid Waste C&D Organic F. Processing and Disposal Facilities: Mid Valley Transfer Station 2721 S. Elm Fresno, Ca 93706 Rice Road Recycler & Transfer Station 10463 N. Rice Road Fresno, Ca 93725 Waste Management of Fresno 4333 E. Jefferson Ave. Fresno, Ca 93725 CARTS (Industrial Waste and Salvage) 3457 S. Cedar Ave. Fresno, Ca 93725 Kroeker, Inc. 4627 S. Chestnut Ave. Fresno, Ca 93725 6 West Coast Waste (Wood Only) 3077 S. Golden State Frontage Rd. Fresno, Ca 93725 G. Hazardous Waste Procedures: Valley Dumpster Service shall contact the client/generator and request them to arrange proper disposal. If the generator cannot be reached immediately, Contractor shall, before leaving the premises, leave a tag at least two inches by six inches (2" x 6") in size, which indicates the reason for refusing to collect the material and lists a phone number for obtaining information on proper disposal of the hazardous 11 waste. Under no circumstances shall Valley Dumpster Service knowingly collect hazardous waste. If hazardous waste is found in a container that could possibly result in imminent danger to people or property, Valley Dumpster Service shall immediately notify the Fire Department using 911. Valley Dumpster Service shall notify the City of any hazardous waste identified in containers or left at any premises within twenty four (24) hours of identification of such material. H. Customer Service Plans: Service Times: Monday through Friday 8am to 5pm I. Billing Services: Invoices will be generated when Service is Pre-Paid in full through website and credit card will be kept on file for additional charges if necessary for Overweight Container or Non- Visible, Unauthorized HAZMAT Material has been discovered in Container at the time of Disposal. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1002 Agenda Date:6/29/2023 Agenda #: 1.-S. 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 Actions pertaining to the cleaning of Digester #1 and cleaning and rehabilitation of Digester #12 at the Fresno-Clovis Regional Wastewater Reclamation Facility (Bid File 12302079) (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Section 15301(d)/Class 1 of the California Environmental Quality Act (CEQA) Guidelines. 2. Award a construction contract to F.D. Thomas, of Central Point, Oregon, in the amount of $1,200,010. RECOMMENDATION Staff recommends the Council of the City of Fresno (City) adopt a finding of Categorical Exemption pursuant to Section 15301(d)/Class 1 of the California Environmental Quality Act (CEQA) Guidelines; award a construction contract to F.D. Thomas as the lowest responsive and responsible bidder in the amount of $1,200,010 for the cleaning of Digester #1 and cleaning and rehabilitation of Digester #12 at the Fresno-Clovis Regional Wastewater Reclamation Facility (Project); and authorize the Director of Public Utilities, or designee, to sign and execute all documents on behalf of the City. EXECUTIVE SUMMARY Periodic cleaning and rehabilitation of the 13 mesophilic anaerobic digesters at the Fresno-Clovis Regional Wastewater Reclamation Facility (Facility) is required to keep the Facility functioning within regulatory requirements. This Project will allow for the cleaning, coating, and sealing of the interior surfaces of the digesters with an elastomeric polyurethane material. The Department of Public Utilities, Wastewater Management Division (WMD), is seeking to award the Project to F.D. Thomas in the amount of $1,200,010. The bid will expire on July 19, 2023. BACKGROUND The Facility treats approximately 68 million gallons per day of wastewater conveyed from the Fresno- City of Fresno Printed on 7/18/2023Page 1 of 3 powered by Legistar™ 6/29/2023 MA/NE 7-0 APPROVED ON CONSENT File #:ID 23-1002 Agenda Date:6/29/2023 Agenda #: 1.-S. The Facility treats approximately 68 million gallons per day of wastewater conveyed from the Fresno- Clovis area.The Facility operates 13 mesophilic anaerobic digesters to eliminate pathogens and volatile organic compounds from the biosolids generated throughout the treatment process.The digesters range in size from 860,000 to 1,870,000 gallons.Over the period of approximately 7 years, these digesters accumulate undesirable debris associated with the treatment process. Following routine maintenance and inspections of Digesters #1 and #12,seepage stains and visible concrete surface cracks were discovered.This Project includes the routine cleaning and dewatering of both digesters,and removal and replacement of the existing interior coating in Digester #12,which has exceeded its life expectancy. A Notice Inviting Bids was published on April 19,2023,and posted on the City’s Planet Bids website. The plans and specifications,inclusive of the City’s adopted Community Workforce Agreement (PLA) requirements,were distributed to twenty-four prospective bidders and posted at nine Building Exchanges.Two sealed bid proposals were received and publicly opened on May 16,2023.F.D. Thomas was determined to be the lowest responsive and responsible bidder,with the bid amount of $1,200,010. The bid will expire within 64 days of bid opening, on July 19, 2023. The staff determination was posted on the City’s Planet Bids website on Wednesday,June 14,2023. Staff recommends that the City Council award a construction contract to F.D.Thomas,in the amount of $1,200,010,as the lowest responsive and responsible bidder.Their bid price is 7.7%below the Engineer’s Estimate of $1,300,000. ENVIRONMENTAL FINDINGS Staff has performed an environmental assessment of this Project and has determined it falls within the Categorical Exemption set forth in Section 15301(d)/Class 1 (Restoration or Rehabilitation).The Project entails the restoration of existing utility facilities involving no expansion of capacity. Furthermore,the 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 as none of the bidders were local. FISCAL IMPACT There is no impact to the General Fund.Funding for this Project is included within the Wastewater Management Division’s Sewer Enterprise Fund. The Project is located in Council District 3. Attachments: Attachment 1 - Notice of Exemption Attachment 2 - Bid Evaluation and Fiscal Impact Statement Attachment 3 - Sample Contract Attachment 4 - Vicinity Map City of Fresno Printed on 7/18/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1002 Agenda Date:6/29/2023 Agenda #: 1.-S. City of Fresno Printed on 7/18/2023Page 3 of 3 powered by Legistar™ Statutory Exemptions. State code number: _______________________________________________ Print Form Notice of Exemption Appendix E From: (Public Agency): ____________________________To: Office of Planning and Research P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk (Address) ___________________________ ___________________________ County of: __________________ Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific: Project Location - City: ______________________ Project Location - County: Description of Nature, Purpose and Beneficiaries of Project: _____________________ Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one): Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Reasons why project is exempt: Lead Agency Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant: 1.Attach certified document of exemption finding. 2.Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date: Signed by Lead Agency Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________ Categorical Exemption. State type and section number: ____________________________________ ______________________________________________ ______________ Title: _______________________ Revised 2011 - 1 - DPW-S Formal PWI (05-2022) 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. The Contractor agrees to accept electronic payment from City. 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. - 2 - DPW-S Formal PWI (05-2022) 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. 7. 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.] - 3 - DPW-S Formal PWI (05-2022) 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: Date Deputy No signature of City Attorney required. Standard Document #DPW-S Formal PWI (05-2022) 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] Digesters 1 and 12 at Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) City of Fresno Department of Public Utilities Vicinity Map 0 250 500125 Feet ¯ Digester 1 Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) 5607 W Jensen Ave Digester 12 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1003 Agenda Date:6/29/2023 Agenda #:1.-T. 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 Actions pertaining to Lift Station 15 and 16 Improvements (Bid File 12301689) (Council Districts 2 and 4): 1. Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301(b)(d) (Existing Facilities) of the California Environmental Quality Act Guidelines. 2. Award a construction contract to HPS Mechanical, Inc., in the amount of $698,106. RECOMMENDATION Staff recommends that Council of the City of Fresno (City) adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301(b)(d) (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines for Lift Stations 15 and 16 Improvements (Project); award a construction contract for the Project to HPS Mechanical, Inc., in the amount of $698,106; and authorize the Director of Public Utilities, or designee, to sign and execute all documents on behalf of the City. EXECUTIVE SUMMARY The City lift stations are an integral part of the wastewater collection system to facilitate the flow of wastewater to the reclamation facilities. This Project will extend the service life of the lift stations, improve access and safety for the collections systems workers, and provide updated equipment to enhance lift station functionality. The Department of Public Utilities, Wastewater Management Division (WMD), is seeking to award a construction contract for the Project to HPS Mechanical, Inc., in the amount of $698,106. The bid will expire on July 19, 2023. BACKGROUND The collection system maintenance workgroup is responsible for maintaining the City’s sewer infrastructure, which includes 17 lift stations. Wastewater typically flows by gravity to the reclamation facilities where it is treated before proper disposal. When the necessary elevations for gravity flow are not available, lift stations pump wastewater from areas of low elevation to sanitary sewers at City of Fresno Printed on 7/18/2023Page 1 of 2 powered by Legistar™ 6/29/2023 MA/NE 7-0 File #:ID 23-1003 Agenda Date:6/29/2023 Agenda #:1.-T. are not available,lift stations pump wastewater from areas of low elevation to sanitary sewers at higher elevations,from which the wastewater flows by gravity once again.The five-year Capital Improvement Plan by the WMD identified the lift stations in need of rehabilitation.This Project will extend the service life of the lift stations,improve access and safety for the collections systems workers, and provide updated equipment to enhance lift station functionality. A Notice Inviting Bids was published on April 19,2023,and posted on the City’s Planet Bids website. The plans and specifications were distributed to 29 prospective bidders and posted at 10 Building Exchanges.Two sealed bid proposals were received and publicly opened on May 16,2023.HPS Mechanical,Inc.,was determined to be the lowest responsive and responsible bidder,with the bid amount of $698,106. The bid will expire within 64 days of bid opening, on July 19, 2023. The staff determination was posted on the City’s Planet Bids website on Wednesday,June 14,2023. Staff recommends that the City Council award a construction contract to HPS Mechanical,Inc.,in the amount of $698,106,as the lowest responsive and responsible bidder.Their bid price is 6.9%below the Engineer’s Estimate of $750,000. ENVIRONMENTAL FINDINGS Staff has performed an environmental assessment for this Project in accordance with the CEQA guidelines and has determined it falls within Categorical Exemption pursuant to Class 1,Section 15301(b)(d)(Existing Facilities).This Project involves normal operation and maintenance of existing public sewer facilities.Furthermore,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 as the addition of the 5%local preference to the local business did not place it as the lowest responsive and responsible bidder’s bid pursuant to the Fresno Municipal Code Section 4-108(c). FISCAL IMPACT There is no impact to the General Fund.Funding for this Project is included within the Wastewater Management Division’s Sewer Enterprise Fund. The Project is located in Council Districts 2 and 4. Attachments: Attachment 1 - Notice of Exemption Attachment 2 - Bid Evaluation and Fiscal Impact Statement Attachment 3 - Sample Contract Attachment 4 - Vicinity Map City of Fresno Printed on 7/18/2023Page 2 of 2 powered by Legistar™ Statutory Exemptions. State code number: _______________________________________________ Print Form Notice of Exemption Appendix E From: (Public Agency): ____________________________To: Office of Planning and Research P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk (Address) ___________________________ ___________________________ County of: __________________ Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific: Project Location - City: ______________________ Project Location - County: Description of Nature, Purpose and Beneficiaries of Project: _____________________ Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one): Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Reasons why project is exempt: Lead Agency Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant: 1.Attach certified document of exemption finding. 2.Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date: Signed by Lead Agency Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________ Categorical Exemption. State type and section number: ____________________________________ ______________________________________________ ______________ Title: _______________________ Revised 2011 DPW-S Formal Bid Contract – Public Work Improvement (01-2023) Page 1 of 3 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. The Contractor agrees to accept electronic payment from City. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782.8, 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, litigation expenses and cost to enforce), 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 DPW-S Formal Bid Contract – Public Work Improvement (01-2023) Page 2 of 3 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.’ 7. 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.] DPW-S Formal Bid Contract – Public Work Improvement (01-2023) Page 3 of 3 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] Dated: ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy No signature of City Attorney required Standard Document #DPW-S Formal Bid Contract – PWI (01-2023) 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] 168 SR168 SRHayston AveFountain Way Cortland Ave City of Fresno Department of Public Utilities Wastewater Lift Stations 15 & 16Vicinity Map 0 100 20050 Feet ¯ Bluff Ave El Paso A v e Debra AveSa n t a F e A v e Project Boundary Project Boundary Lift Station 16 Lift Station 15 7752 N Santa Fe Avenue 4522 E Cortland Avenue 0 50 10025 Feet ¯ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-915 Agenda Date:6/29/2023 Agenda #: 1.-U. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division MARK STANDRIFF, Program Director, Beautify Fresno Department of Public Utilities, Solid Waste Management Division SUBJECT Actions pertaining to the Downtown Fresno Neighborhood Beautification and Cleanup Project (Council Districts 1, 3, & 7): 1. Affirm the City Manager’s determination that Fresno Arts Council is uniquely qualified 2. Approve the Agreement between City of Fresno and Fresno Arts Council, Inc. of Fresno CA, a uniquely qualified consultant, in the amount of $536,222 for procurement of transportation art on behalf of the City of Fresno. RECOMMENDATION Staff recommends the City Council (1) Affirm the City Manager’s Finding that the Fresno Arts Council is Uniquely Qualified, (2) Approve an agreement in the amount of $536,222 with the Fresno Arts Council, Inc. (FAC) of Fresno, CA for procurement of transportation art as part of the Downtown Fresno Neighborhood Beautification and Cleanup Project (Project) on Belmont Avenue from Abby Street to Millbrook Avenue, SR-180 at Blackstone Avenue, SR-180 at Abby Street, SR-180 at Fresno Street, SR-180 at First Street, and at the north wall of the Romain Community Center at SR-180 and First Street, and authorize the Public Works Director or designee to sign a final Agreement that substantially conforms to the Council-approved Agreement, and sign related documents on behalf of the City. EXECUTIVE SUMMARY The City of Fresno (City), Public Works Department, is proposing a project involving both infrastructure and non-infrastructure components. The City seeks to execute an agreement in the amount of $536,222 with FAC of Fresno, CA, a uniquely qualified consultant, for procurement of transportation art consisting of eight (8) murals at five (5) locations, as part of the Project on Belmont City of Fresno Printed on 7/18/2023Page 1 of 4 powered by Legistar™ 6/29/2023 MA/NE 7-0 APPROVED ON CONSENT File #:ID 23-915 Agenda Date:6/29/2023 Agenda #: 1.-U. transportation art consisting of eight (8)murals at five (5)locations,as part of the Project on Belmont Avenue from Abby Street to Millbrook Avenue,SR-180 at Blackstone Avenue,SR-180 at Abby Street, SR-180 at Fresno Street,SR-180 at First Street,and at the north wall of the Romain Community Center at SR-180 and First Street, as part of the non-infrastructure portion of the Project. The agreement is for $536,222 and is fully funded by the State of California’s Clean California Local Grant Program (CCLGP).The City and FAC are nearing the conclusion of negotiations to add traffic control services to the Agreement.The City anticipates the need to increase FAC’s fee to account for the additional traffic control services to be provided.The final Agreement will be reviewed and approved by the City Attorney prior to execution. BACKGROUND On January 27,2022,the City Council authorized the Public Works Department to submit a Grant Application to the California Department of Transportation (Caltrans)for the CCLGP;a program created to beautify and clean up local streets and roads,tribal lands,parks,pathways,transit centers,and other public spaces.The program is part of the nearly $1.1 billion Clean California initiative that aims to assist Caltrans in addressing the continuous trash generation overwhelming California’s public spaces. The Public Works Department was awarded the grant in May of 2022 for the Project which includes both infrastructure and non-infrastructure elements focused on urban greening,improved walkability, community placemaking,and litter cleanup.The amount of the grant,which extends through June 30, 2024,is $5,000,000,with $207,500 designated for the installation of eight (8)murals at five (5) locations,including SR-180 at Blackstone Avenue,SR-180 at Abby Street,SR-180 at Fresno Street, SR-180 at First Street,and at the north wall of the Romain Community Center at SR-180 and First Street. Murals will be painted to encourage community placemaking and decrease graffiti in the Anthony, Webster and Hidalgo Elementary School neighborhoods.The Project’s infrastructure improvements include reconstruction and beautification of the median islands along the Belmont Avenue corridor from Abby Street to Millbrook Avenue,irrigation system improvements,and tree planting along the median and sidewalks.The Belmont Avenue improvements would be consistent with the vision of the Downtown Neighborhoods Community Plan as previously adopted by the Council. Staff determined that FAC is uniquely qualified for the procurement of transportation art for the project.FAC is a 501(c)3 non-profit arts organization that provides financial support services and other programs to a variety of cultural art organizations,individual artists,and diverse communities throughout Fresno County.FAC is currently the City’s consultant for a mixed media mosaic mural design titled “You Have Arrived” at the Fresno Yosemite International Airport. FAC is knowledgeable of qualified artists at both the local and state level and has successfully prepared and facilitated the selection process for public art projects and installations in cooperation with the City of Fresno,the County of Fresno,and the State of California.FAC was chosen by the City Council in 2020 to administer the Fresno Arts and Culture Emergency Relief Grant Program at the beginning of the pandemic.The organization’s relationship with the arts community and its experience with a variety of public art projects makes FAC uniquely qualified to perform the consulting work for the project,and the City Manager approved a Uniquely Qualified Memorandum, City of Fresno Printed on 7/18/2023Page 2 of 4 powered by Legistar™ File #:ID 23-915 Agenda Date:6/29/2023 Agenda #: 1.-U. consulting work for the project,and the City Manager approved a Uniquely Qualified Memorandum, dated February 2, 2023. The City and FAC are nearing the conclusion of negotiations to add traffic control services to the Agreement,in addition to the procurement of transportation art.The City anticipates the need to increase FAC’s fee to account for the additional traffic control services to be provided.The anticipated fee increase is accounted for in the Project’s budget and funding allocation.The final Agreement will substantially conform to the Council-approved Agreement and will be reviewed and approved by the City Attorney prior to execution. Staff recommends the City Council approve an Agreement in the amount of $536,222 with FAC of Fresno,CA,a uniquely qualified consultant,for procurement of transportation art consisting of eight (8)murals at five (5)locations,as part of the Project,and authorize the Public Works Director or designee to sign a final Agreement that substantially conforms to the Council-approved Agreement, and sign related documents on behalf of the City. Council’s approval of the Agreement and authorization of the Public Works Director or designee to sign a final Agreement that substantially conforms to the Council-approved Agreement will allow the project to move forward without delay and meet the CCLGP funding deadline. The City Attorney’s Office has reviewed and approved the Agreement as to form. ENVIRONMENTAL FINDINGS The Project is consistent with CEQA Guidelines,Sections 15301/Class 1 and 15302/Class 2 categorical exemptions because the project proposes reconstruction and improvements to existing landscaping median and sidewalk,ADA ramps,reinstallation or replacement of signage and striping, painting of eight (8)murals,establishment of Beautify Fresno Clubs at Webster and Hidalgo elementary schools,organization of eight (8)Beautify Fresno Club-hosted events,organization of four (4)City of Fresno-hosted volunteer clean up events at Webster,Hidalgo and Anthony elementary school neighborhoods,coordination of two (2)twelve (12)week anti-litter campaigns to include bus wraps,billboard ads and social media outreach,execution of a litter abatement contract to include the Blackstone Avenue and Abby Street business corridors from Belmont Avenue to Olive Avenue and the Belmont Avenue business corridor from Abby Street to First Street.Based on staff analysis,it was determined that no adverse environmental impacts would occur as a result of the proposed project and none of the exceptions to categorical exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project.Therefore,a categorical exemption,as noted above,applies to the Project. City Council adopted staff’s finding of Categorical Exemption on April 27, 2023. LOCAL PREFERENCE Local preference was not implemented because this contract uses state funding. FISCAL IMPACT The Project is fully funded by a CCLGP grant.Approving the Agreement with the FAC of Fresno,CA, for procurement of transportation art consisting of eight (8)murals at five (5)locations and authorizing the Public Works Director or designee to sign a final Agreement that substantially City of Fresno Printed on 7/18/2023Page 3 of 4 powered by Legistar™ File #:ID 23-915 Agenda Date:6/29/2023 Agenda #: 1.-U. authorizing the Public Works Director or designee to sign a final Agreement that substantially conforms to the Council-approved Agreement,will have no impact to the General Fund.The initial funding amount included in the Agreement as well as the anticipated FAC traffic control costs are accounted for in the Project’s budget and funding allocation and are included in the current fiscal year adopted City budget. The project is within Council Districts 1, 3, & 7. Attachment(s): Vicinity Map Uniquely Qualified Memo Agreement Between City of Fresno and FAC City of Fresno Printed on 7/18/2023Page 4 of 4 powered by Legistar™ N 0 1.5 30.75 Miles DEPARTMENT OFPUBLIC WORKS Project ID: PW01012 Council District: 1, 3 &7 Downtown Fresno Neighborhood Beautificationand Cleanup Project Project Scope City Limits VICINITY MAP Date: 1/26/2022 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 Belmont Ave. - Abby St. to Millbrook St. Mural/Bus Stop: SR-180/Fresno St. Mural: Romain Park Mural/Bus Stop: SR-180/First St.Mural: SR-180/Abby St. Mural: SR-180/Blackstone Ave. Page 1 of 6 AGREEMENT BETWEEN CITY OF FRESNO AND FRESNO ARTS COUNCIL, INC. This AGREEMENT (Agreement) is made and entered into, effective _____________, by and between the CITY OF FRESNO, A California municipal corporation (City), and Fresno Arts Council, Inc. (FAC), a California 501(c)3 public corporation. RECITALS WHEREAS, the Clean California Local Grant Program was created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. The program is part of the nearly $1.1 billion Clean California initiative that aims to assist the California Department of Transportation (CALTRANS) with addressing the continuous trash generation that overwhelms California’s public spaces; and WHEREAS, in February 2022, the City of Fresno (City) applied for funding for the Downtown Fresno Neighborhood Beautification and Cleanup Project and were awarded $5 million for the project; and WHEREAS, Transportation Art includes graphic or sculptural artwork, either freestanding or placed upon a required engineered transportation feature located on CALTRANS’ right-of-way (such as a noise barrier, retaining wall, bridge, bridge abutment, bridge rail, or slope paving) that expresses unique attributes of a community’s history, resources, or character; and WHEREAS, the project is located in the Anthony, Webster, and Hidalgo neighborhoods and includes Transportation Art which will consist of large murals on columns and abutment slopes at four freeway interchanges and a mural installation at the Romain Community Center; and WHEREAS, the City has determined the need for certain Art related services to complete the Transportation Art included in the project, and FAC has agreed to provide the same in accordance with the terms and conditions contained herein; and WHEREAS, for the consideration hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which the parties by their signatures below affirm, the parties do mutually agree as follows; and WHEREAS, this Agreement will be administered for the City by its Public Works Director (Director) or designee. TERMS The foregoing recitals are incorporated herein for all purposes as if fully set forth. 1. SERVICES AND PERFORMANCE SCHEDULE. FAC shall perform the services set forth in Exhibit A, Scope of Services, Performance Schedule, and Compensation (the Page 2 of 6 “Services”), in accordance with the performance schedule established therein, including public outreach and community input for the designs of the murals. FAC shall also include in the Call to Artists that the selected artist shall execute a waiver of moral rights to the public arts on a form acceptable to the City. 2. INDEPENDENT CONTRACTOR. FAC is an independent contractor and is not in a joint venture, partnership, principal-agent, or employer-employee relationship with the City. As such, FAC shall be solely responsible for the means, methods, techniques, sequences, and procedures utilized in the performance of the Services, and shall have sole direction and control over its employees, agents, servants, and lower-tier subcontractors. FAC, consistent with its status as an independent contractor, shall not hold itself out as, or claim to be, an officer, agent, representative, or employee of the City, or allow its personnel to do so. 3. TERM. 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 June 14, 2024, subject to any earlier termination in accordance with this Agreement. The Services of FAC as described in Exhibit A are to commence upon the City’s issuance of a written “Notice to Proceed.” 4. COMPENSATION. FAC shall perform the Services for the fixed price/lump sum amount of FIVE-HUNDRED THIRTY-SIX-THOUSAND AND TWO-HUNDRED-TWENTY- TWO DOLLARS ($536,222). 5. INVOICES. FAC shall submit its invoice to the City promptly upon completion of all Services and obligations under the Contract. For services satisfactorily rendered in accordance with the terms of this Agreement, and upon receipt of and approval of the invoices by the City, the City agrees to compensate FAC with a lump sum payment of TEN-THOUSAND DOLLARS ($10,000) for a Call for Artists, which includes, but is not limited to administration and processing. The remaining funds for the completed murals should not exceed an amount of TEN-THOUSAND DOLLARS ($10,000) upon completion of services as described herein. The total value of the agreement shall not exceed FIVE-HUNDRED THIRTY-SIX-THOUSAND AND TWO-HUNDRED- TWENTY-TWO DOLLARS ($536,222). 6. PAYMENT. Contingent upon FAC’s submittal of a proper invoice and supporting documentation, City shall pay those undisputed amounts due and owing within the normal course of City business. 7. INSURANCE. City and FAC shall adhere to the insurance requirements provided in EXHIBIT B. City and FAC shall maintain insurance at their own cost and expense for the duration of this Contract. FAC does not provide insurance and will be held harmless in any subsequent contracts or subcontracts that the City may enter into as a result of this agreement. 8. INDEMNIFICATION. To the furthest extent allowed by law, FAC shall indemnify, hold harmless and defend Page 3 of 6 CITY, State of California, 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, State of CA, FAC 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. FAC'S obligations under the preceding sentence shall apply regardless of whether CITY, State of California, or any of their officers, officials, employees, agents and 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, State of California, or any of their officers, officials, employees, agents and volunteers. If FAC should subcontract all or any portion of the work to be performed under this Agreement, FAC shall require each subcontractor to indemnify, hold harmless and defend CITY, State of California, and each of their 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. 9. NOTICES. All required notices shall be given in writing, signed by the party giving notice, and delivered to the following addresses. City of Fresno 1626 E Street Fresno, CA 93706 Mark.Standriff@fresno.gov Attention: Mark Standriff Project Liaison/Program Admin Fresno Arts Council, Inc. 1245 Van Ness Fresno, CA 93721 Lilia@fresnoartscouncil.org Attention: Lilia G. Chavez Executive Director 10. ENTIRE AGREEMENT. This Contract, consisting of this document, Exhibit A and, Exhibit B represents the entire and integrated agreement between City of Fresno and the Fresno Arts Council and supersedes and replaces all prior and contemporaneous inducements, understandings, agreements, arrangements, negotiations, and representations, whether written or oral, with respect to the subject matter hereof. This Contract may not be modified except in writing, by an amendment signed by the parties hereto. Page 4 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, A California municipal corporation By: Georgeanne White City Manager APPROVED AS TO FORM: ANDREW JANZ By: Heather Thomas Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy FRESNO ARTS COUNCIL, a California 501(c)3 public corporation 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) Addresses: City of Fresno Attention: Mark Standriff, Project Liaison/Program Admin 1626 E Street Fresno, CA 93706 Phone: (559) 621-8626 E-mail: Mark.Standriff@fresno.gov Fresno Arts Council, Inc. Attention: Lilia G. Chavez, Executive Director 1245 Van Ness Fresno, CA 93721 Phone: [area code and #] E-mail: Lilia@fresnoartscouncil.org Attachments: 1. Exhibit A - Scope of Services and Performance Schedule 2. Exhibit B - Insurance Requirements Page 5 of 6 EXHIBIT A SCOPE OF SERVICES AND PERFORMANCE SCHEDULE Agreement between City of Fresno (City) and Fresno Arts Council, Inc. (FAC) FAC shall perform the following Services and shall complete the Services according to the following schedule:  Subcontract selected Artist/s by September 1, 2023 Projects: Select and subcontract with up to three (3) artists to install eight (8) murals at five (5) separate locations including a 1,300 square foot mural at the Romain Community Center for a total of 7,300 square feet of murals as follows: 1. Within Caltrans’ right-of-way on one (1) abutment slope along SR-180 at Blackstone Avenue. 2. Within Caltrans’ right-of-way on one (1) abutment slope along SR-180 at Abby Street. 3. Within Caltrans’ right-of-way on one (1) abutment slope along SR-180 at Fresno Street. 4. Within Caltrans’ right-of-way on one (1) abutment slope and on three (3) columns along SR-180 at First Street. 5. On the north wall of the Romain Community Center. Each of the projects identified above will follow the tasks noted below. Task 1: Request for Proposals a) FAC shall prepare the Call to Artists. b) FAC shall identify a list of artists to receive the Call to Artists. c) FAC shall coordinate and facilitate a pre-proposal meeting with the City of Fresno. Task 2: Community Outreach/Input a) FAC shall coordinate with Beautify Fresno and Council District 7 to schedule up to three (3) community meetings to obtain input from residents on artistic themes or concepts for the abutment slopes and columns along SR-180. b) FAC shall coordinate with Beautify Fresno and the City of Fresno PARCS Department to schedule up to three (3) meetings with youth who attend programming at Romain Park to create an artistic concept for the mural on the community center reflective of the youth voice. c) Coordination of all community outreach meetings refers to identifying a location for the meeting, facilitating the meeting, and preparing a record of the meeting. d) FAC shall provide outreach materials to inform residents in the Anthony, Webster, and Hidalgo neighborhoods about the community meetings. Task 2: Art Selection Committee Formation a) FAC shall, in conjunction with the City, identify three (3) to 7 people to serve on the Art Selection Committee. b) FAC shall contact and obtain commitments from at least three (3) members to serve on the Art Selection Committee. Page 6 of 6 Task 3: Art Selection Meetings a) FAC shall coordinate up to four (4) meetings for the selection of art. Coordination refers to scheduling meetings to meet members’ availability, identifying a location for the meeting, facilitating the meeting, and preparing a record of the meeting. b) The four (4) meetings are expected to consist of the following general agendas:  Meeting 1: Orientation to the project (project background; development and or review of the Call to Artist)  Meeting 2: Review of proposals received from artists; select up to three (3) artists for more refined proposals.  Meeting 3: Presentations from finalists; select artist(s)  Meeting 4: Contingency meeting if necessary Task 4: Subcontract a) FAC shall subcontract with the selected artist/s as an agent of City to provide artist payment for the project. Task 5: Oversight of Traffic Control a) FAC shall contract with a Traffic Control Consultant to determine the Traffic Control requirements for the installation. b) FAC shall acquire and pay for the recommended Traffic Control measures. c) FAC shall maintain Traffic Control throughout the time required for installation of the 8 murals. Deliverables:  Art Selection Committee  Community outreach  Coordination and facilitation of up to four (4) Art Selection Committee meetings  Scope of Work for Public Art Call to Artists  Coordinate and facilitate a pre-proposal meeting  Subcontract selected Artist/s Due: Work to be completed by June 14, 2024. FAC shall submit a final invoice to the City by June 17, 2024. EXHIBIT B INSURANCE REQUIREMENTS Agreement between City of Fresno (City) and Fresno Arts Council, Inc. (FAC) MINIMUM SCOPE OF INSURANCE (a) Throughout the life of this Agreement, FAC 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 his/her designee at any time and in his/her 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, State of California, and their 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, FAC 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 FAC 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 FAC of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by FAC shall not be deemed to release or diminish the liability of FAC, 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 FAC. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of FAC, vendors, suppliers, invitees, contractors, 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 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 ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. MINIMUM LIMITS OF INSURANCE FAC shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to CITY, State of California, and 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) $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. 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. UMBRELLA OR EXCESS INSURANCE (i) $5,000,000 per occurrence/aggregate DEDUCTIBLES AND SELF-INSURED RETENTIONS FAC shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and FAC shall also be responsible for payment of any self-insured retentions. Any self-insured retentions must be declared on the Certificate of Insurance, and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such self-insured retentions as respects CITY, State of California, and their officers, officials, employees, agents and volunteers; or (ii) FAC shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS (i) 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. FAC 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, FAC 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, FAC 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. (ii) The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form. (iii) The Commercial General, Automobile, and Excess Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured. FAC 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 as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. (iv) The Commercial General, Automobile, and Excess Liability insurance shall contain, or be endorsed to contain, that the FACS’ insurance shall be primary to and require no contribution from the City and State of CA. These coverages shall contain no special limitations on the scope of protection afforded to CITY, State of California, and their officers, officials, employees, agents and volunteers. If FAC maintains higher limits of liability than the minimums shown above, City and State of CA requires and shall be entitled to coverage for the higher limits of liability maintained by FAC. (v) 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. (vi) The Workers’ Compensation insurance policy shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, State of CA, and their officers, officials, agents, employees and volunteers. (vii) The Commercial General and Automobile Liability insurance policies shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, State of CA, and their officers, officials, agents, employees and volunteers. PROVIDING OF DOCUMENTS - FAC 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 his/her 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, FAC shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of FAC shall also be required to provide all documents noted herein. SUBCONTRACTORS ‐ If FAC subcontracts any or all of the services to be performed under this Agreement, FAC will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage as required herein. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1057 Agenda Date:6/29/2023 Agenda #: 1.-V. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:CHERYL BURNS, MPA, Senior Management Analyst Department of Public Utilities - Administration SUBJECT Approve a First Amendment to the professional public information services contract for the Department of Public Utilities with Two Q, Inc. dba JP Marketing to extend the agreement through June 30, 2024, and increase the contract amount by $808,698 to fund continuity of services, for a revised total contract amount of $2,993,673. RECOMMENDATION Staff recommends that Council approve the First Amendment to the professional public information services contract for the Department of Public Utilities with Two Q, Inc. dba JP Marketing to extend the agreement through June 30, 2024 and to increase the contract amount by $808,698 to fund continuity of services, for a revised total contract amount of $2,993,673; and authorize the Director of Public Utilities, or designee, to execute the amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY On January 22, 2018, the City executed a contract with JP Marketing in the amount of $436,995 annually for the Professional Public Information Services for the Department of Public Utilities Request for Proposals No. 9402. The contract term was three years with two optional one-year extensions, both of which were executed. With the impending expiration of JP Marketing’s contract, the Purchasing Manager executed an interim contract extension, as permitted under the contract, on December 16, 2022, at DPU’s request for continuity of service on specific tasks. The interim extension is valid through October 22, 2023. The funding approved by the City Council under the original agreement has been expended. City Council approval of additional funds for the interim extension is now required, along with a time extension through June 30, 2024, to allow for ongoing services related to the design and printing of monthly utility bill inserts, the preparation and printing of the annual Community Confidence (Water Quality) Report, large campaign strategic direction and creative concepting, grant-funded campaign support, staff extension support, and Proposition 218 rate-setting outreach activities and printing needs. The cost proposal for JP Marketing’s interim extension tasks totals $808,698. Of that, $211,100 is labor hours for JP Marketing, which represents an approximately 60-percent reduction in City of Fresno Printed on 7/18/2023Page 1 of 3 powered by Legistar™ 6/29/2023 TM/AP 4-2 LC ABSENT GB & MA VOTED NO File #:ID 23-1057 Agenda Date:6/29/2023 Agenda #: 1.-V. $211,100 is labor hours for JP Marketing,which represents an approximately 60-percent reduction in labor costs from the original contract.The remaining $597,598 is for print and mail hard costs that will be passed through JP Marketing to DPU with no agency mark up. Should the Proposition 218 process not be initiated,then the charges related to those activities will not be incurred. The Department does not have the capacity to perform these activities in house. BACKGROUND On January 22,2018,the City executed a contract with JP Marketing in the amount of $436,995 annually for Professional Public Information Services for the Department of Public Utilities Request for Proposals No.9402.The contract term was three years with two optional one-year extensions. The first one-year extension was executed on October 21,2020,effective through January 22,2022. The second one-year extension was executed on October 20,2021,effective through January 22, 2023. With the impending expiration of JP Marketing’s contract,the Purchasing Manager executed an interim contract extension,as permitted under the contract,on December 16,2022,at DPU’s request.The interim extension is valid through October 22,2023,and is necessary for continuity of service on specific tasks,including:the design and printing of monthly utility bill inserts,the preparation and printing of the annual Community Confidence (Water Quality)Report,large campaign strategic direction and creative concepting,grant-funded campaign support,staff extension support,and Proposition 218 rate-setting outreach activities and printing needs.The breakdown of costs is identified in Table 1 below. Table 1 - Breakdown of JP Marketing Interim Extension Costs Task Labor Print & Mail Hard Costs Paid Outreach Total Proposition 218 $39,500 $290,598 $54,450 $384,548 Water Quality Report $17,000 $7,550 $12,000 $36,550 Utility Inserts $57,600 $183,000 n/a $240,600 Large Campaign Strategy & Creative $40,000 n/a n/a $40,000 Grant-Funded Campaigns & Programs $36,000 n/a $50,000 $86,000 Staff Extension Support $21,000 n/a n/a $21,000 TOTALS $211,100 $481,148 $116,450 $808,698 The funding approved by the City Council under the original agreement has been expended.City Council approval of additional funds for the interim extension is now required,along with a time extension through June 30, 2024. The cost proposal for JP Marketing’s interim extension tasks totals $808,698.Of that,$211,100 is labor hours for JP Marketing,which represents an approximately 60-percent reduction in labor costs from the original contract.The remaining $597,598 is for print and mail hard costs that will be passed City of Fresno Printed on 7/18/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1057 Agenda Date:6/29/2023 Agenda #: 1.-V. from the original contract.The remaining $597,598 is for print and mail hard costs that will be passed through JP Marketing to DPU with no agency mark up.The majority of the print and mail hard costs, in the amount of $290,598,are related to the printing of legally required Proposition 218 materials, including the Notice,Protest Card,outbound envelopes,and return envelopes.The second largest print and mail hard costs,in the amount of $183,000,are for the printing and shipping of the monthly utility bill inserts. Should the Proposition 218 process not be initiated,then the charges related to those activities will not be incurred. DPU will either be soliciting proposals for a new marketing and outreach contract prior to the expiration of the proposed contract extension with JP Marketing or bring the services in house which will require the hiring of additional staff. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this contract amendment is not a "project.” LOCAL PREFERENCE Local Preference was not implemented as this is an amendment to an existing contract. FISCAL IMPACT There is no impact to the General Fund.The funds for outreach and education activities are appropriated in the Water Enterprise,Wastewater Enterprise,and Solid Waste Enterprise Fiscal Year 2024 budgets. Attachments: Attachment 1 - First Amendment Attachment 2 - Agreement for Professional Public Information Services City of Fresno Printed on 7/18/2023Page 3 of 3 powered by Legistar™ 1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of ___________ 2023, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and TWO Q, INC. dba JP MARKETING, a California Corporation (Consultant). RECITALS WHEREAS, City and Consultant entered into an Agreement for Professional Public Information Services for the Department of Public Utilities (Agreement), dated January 22, 2022; and WHEREAS, pursuant to the terms of the Agreement, the Purchasing Manager authorized two one-year extensions which expired on January 22, 2022, and January 23, 2023, respectively; and WHEREAS, the Agreement authorizes the Purchasing Manager, upon expiration of the final one-year extension term, to grant an extension of no more than twelve months to allow for the uninterrupted performance for services under the agreement; and WHEREAS, at the Department of Public Utilities’ (DPU) request, the Purchasing Manager approved an interim contract extension, extending the term of the Agreement to October 22, 2023, for the purpose of providing continuity of services; and WHEREAS, DPU requires continued services from Consultant, beyond the remaining allowable term of the interim extension, including support in completing tasks related to the Proposition 218 rate process; and WHEREAS, all funding approved under the Agreement has been expended; and WHEREAS, the City and Contractor would like to amend the agreement to extend the term and to increase the compensation allowed under the contract by $808,698 to fund continuity of services under the contract extension. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. The recitals set forth above are incorporated herein by reference and made part of this First Amendment. 2. The Term of the Agreement shall be extended to June 30, 2024. 3. Contactor shall perform the tasks identified in Exhibit A. 4. Contractor’s compensation for the performance of the tasks identified in Exhibit A shall not exceed $808,698, as reflected in Exhibit A. 5. In the event of any conflict between the body of th is Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Further any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for the within the body of this Amendment, shall be null and void. DocuSign Envelope ID: 4B96AC24-3DB9-4EE0-A889-03C39ACCE311 2 6. Except as otherwise provided herein, the Agreement entered into by Ci ty and Consultant, dated January 22, 2018, remains in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO TWO Q, INC. dba JP MARKETING, a municipal corporation a California Corporation By: By: ____________________________ Brock D. Buche, Director Department of Public Utilities Name: __________________________ Title: ___________________________ (If corporation or LLC, Board Chair, Pres. APPROVED AS TO FORM: Secretary or Vice Pres.) ANDREW JANZ City Attorney By: ____________________________ By: Name: ________________________ Jennifer M. Quintanilla Date Senior Deputy City Attorney Title:_________________________ (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) ATTEST: TODD STERMER, CMC City Clerk By: Deputy Date Attachments: Exhibit A – Scope of Work & Cost Proposal DocuSign Envelope ID: 4B96AC24-3DB9-4EE0-A889-03C39ACCE311 President Jane Olvera 6/5/2023 Jenna Antonino 6/5/2023 CFO/ Secretary 6/6/2023 Clerk Attesting © MMXXII JP Marketing, A Division of Two Q, Inc. Privileged & Confidential Monday, June 5, 2023 Exhibit A COST PROPOSAL City of Fresno Department of Public Utilities Scope of Work Commencing TBD rev 4 Overview The current marketing contract between the Department of Public Utilities (DPU) and Two Q, Inc. dba JP Marketing (JP) concludes on January 31, 2023. This contract allows for an extension on a month-to-month basis for a specific and/or anticipated scope of work through June 30, 2024. Given that projects may be shifting between departments within the city, we are proposing the following scope of work that optimizes flexibility of and accessibility to the JP team for continuity and support when staff bandwidth is stretch or additional strategic support is desired. Scope of Work Proposition 218 Includes strategic planning, inter-department collaboration, and message development for a multi-media campaign with research concepting, copywriting, design, regulatory compliance review, and quality assurance management; also includes in-language versions, ADA version, and website and social graphics and media buying for public outreach in three languages. Print & Production includes hard costs for print package to be totally outsources that includes a multi-page notice, a protest card, and outside mailing envelope, inside return envelope and fold/stuff labor based on 240,000 customers (tenants and owners). Paid outreach includes multi-media strategies to reach Fresno audiences in 4 languages (English, Spanish, Hmong & Punjabi). The following paid placements will be included in the strategy:  English – radio PSAs, print & digital news, social media ads, connected TV ads (hulu, peacock, etc.)  Spanish – radio PSAs, print & digital news, social media ads, Univision in content interviews, paid email distribution through CBO partners  Hmong – radio PSAs and in content interviews, digital news, YouTube ads, paid email distribution through CBO partners  Punjabi – radio PSAs and in content interviews, digital news, YouTube ads, paid email distribution through CBO partners Labor: $39,500 Print & Production: $290,598* Paid Outreach: $54,450 *This is a hard cost that is not marked up; this cost estimate assumes the cost of paper, printing, and postage will not further increase; note that postage is NOT included as it will be paid directly by DPU to USPS. DocuSign Envelope ID: 4B96AC24-3DB9-4EE0-A889-03C39ACCE311 © MMXXII JP Marketing, A Division of Two Q, Inc. Privileged & Confidential Monday, June 5, 2023 Community Confidence (Water Quality) Report Includes planning, copywriting, design, pre-press, and quality assurance management; also includes in-language versions, ADA version, and website and social graphics, print and radio PSAs in three languages for public outreach for this one-time campaign. Labor: $17,000 Printing: $7,550 Paid Outreach: $12,000 *This is a hard cost that is not marked up; this cost estimate assumes the cost of paper and printing will not further increase in 2023. Utility Inserts Includes planning, copywriting, design, pre-press, and quality assurance management for two-sided, monthly inserts; also includes ADA version and website, and social static graphics for public outreach that occurs monthly for the ensuing 12-month period. Labor: $57,600 Printing: $183,000* *This is a hard cost that is not marked up; this cost estimate assumes the cost of paper and printing will not further increase in 2023. Large Campaign Strategic Direction & Creative Concepting In the event there is a need or desire for collaboration based on our five years of experience with DPU and our bench of talent, JP is recommending a bucket of hours to be used at department discretion for strategic direction or creative concepting on larger campaigns such as the highly successful “Litterheads” anti-littering campaign. We recommend that we would provide labor hours only and allow the City communications department to execute the final concepts. Labor: $40,000 Grant Funded Campaign Support This would include support for the grant funded campaigns, including but not limited to a Bottles & Cans campaign, a Smart Irrigation Controller program, and a Recycling Education and Outreach campaign. that is grant funded in which the media investment is paid through JP. We are anticipating one campaign in the Spring utilizing new creative. Labor: $36,000 Paid Outreach: $50,000* *This is estimated based on current knowledge, but is a paid media net hard cost that is not marked up Staff Extension Support In the event additional support is needed on demand for concepting, copywriting, design, translations, ADA compliance versioning, JP is recommending a bucket of hours to be used at department discretion. Labor: $21,000 DocuSign Envelope ID: 4B96AC24-3DB9-4EE0-A889-03C39ACCE311 © MMXXII JP Marketing, A Division of Two Q, Inc. Privileged & Confidential Monday, June 5, 2023 Budget Rollup The total scope of work amounts to $808,698, but of that, $211,100 is labor hours, representing a ~65% reduction in our previous contract. All hard costs and paid outreach will be pass through to DPU with no agency mark up. Scope of Work Labor Print & Mail Hardcosts Paid Outreach Proposition 218 $39,500 $290,598 $54,450 Water Quality Report $17,000 $7,550 $12,000 Utility Inserts $57,600 $183,000 n/a Large Campaign Strategy & Creative $40,000 Grant Funded Campaigns & Programs $36,000 $50,000 Staff Extension Support $21,000 Sub-Totals $211,100 $481,148 $116,450 DocuSign Envelope ID: 4B96AC24-3DB9-4EE0-A889-03C39ACCE311 CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "City"), and Two Q, Inc. dba JP Marketing (JP Marketing) (hereinafter referred to as "Contractor") as follows: 1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions to Proposers," "Proposal" and the "Specifications" including "General Conditions," "Special Conditions", and "Scope of Work" for the following: Professional Public Information Services for the Department of Public Utilities Request for Proposals No. 9402, copies of which are annexed hereto, together with all the documents specifically referred to in said annexed documents, including the Performance Bond, if required, are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. PRICE. For the monetary consideration of Four Hundred Thirty Six Thousand and Nine Hundred Fifty Five Dollars ($436,955), as set forth in the Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, and to the satisfaction of City, and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. PAYMENT. City accepts Contractor's 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: 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 actively or passively 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 the 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. Ill/I //Ill /Ill/ Ill// 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. TWO Q, INC. OBA JP MARKETING a California Corporation ("Corporation") By : ~...:::....:::-''t._.......__l()_/VA_LnJ..... __ Q_Ll..Q,.,_be-J __ Jeann Antonino Secretai:,i lY e(/\JvJ('fX Dated :_!_1..,/_2 -1--'t / /~] ___ _ ATTEST: YVONNE SPENCE City Clerk By: 7YJCVvtJ-o lf/h~ Deputy M ~ 1/zz./lF """"° /vlw1,"' r,. APPROVED AS TO FORM : DOUGLAS T. SLOAN City Attorney ~ BYc~c De puty/6enio r Deputy .... INDEMNIFICATION AND HOLD HARMLESS AGREEMENT To the furthest extent allowed by law, PROFESSIONAL SERVICES 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), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of PROFESSIONAL SERVICES, its principals, officers, employees, agents or volunteers in the performance of this Agreement. Throughout the life of this Agreement, PROFESSIONAL SERVICES 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, or as may be authorized or required in writing by City's Risk Manager or his/her designee at any time and in his/her sole discretion. The fact that insurance is obtained by PROFESSIONAL SERVICES shall not be deemed to release or diminish the liability of PROFESSIONAL SERVICES, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers 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 PROFESSIONAL SERVICES. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of PROFESSIONAL SERVICES, or any of its board, officers, employees, agents, volunteers, invitees, suppliers, vendors, Contractors, Consultants or subcontractors. If PROFESSIONAL SERVICES should subcontract all or any portion of the services to be performed under this Agreement, PROFESSIONAL SERVICES 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. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing this Agreement. This Indemnification and Hold Harmless Agreement shall survive the completion of any work for City by PROFESSIONAL SERVICES. The undersigned acknowledges that he/she (i) has read and fully understands the content of this Indemnification and Hold Harmless Agreement; (ii) is aware that this is a contract between the City and PROFESSIONAL SERVICES; (iii) has had the opportunity to consult with his/her attorney, in his/her discretion; (iv) is fully aware of the legal consequences of signing this document; and (v) is the PROFESSIONAL SERVICES or his/her/its authorized signatory. day of..Jtu:\lUl.vj 2o t$. -----H--P.~l-11--+->'---+--I'-.._ ---(2 tJllL . PROFESSIONA City Employee signature Print Name Print Na e ~~~A city Employee Telephone Number H:\lndem & lnsurance\lndemnification and Hold Harmless Agreement for PROFESSIONAL SERVICES from Standard 82117.rtf Exhibit B INSURANCE REQUIREMENTS Professional Service Agreement between City of Fresno ("CITY") and JP Marketing ("PROFESSIONAL SERVICES") Public Information Services for Department of Public Utilities PROJECT TITLE 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 ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4 . Professional Liability (Errors and Omissions) insurance appropriate to PROFESSIONAL SERVICES profession. MINIMUM LIMITS OF INSURANCE PROFESSIONAL SERVICES, or any party the PROFESSIONAL SERVICES subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named 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. 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 Omiss ions) Insurance appropriate to the Professional Services profession , with limits not less than: (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate . UMBRELLA OR EXCESS INSURANCE In the event PROFESSIONAL SERVICES 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 PROFESSIONAL SERVICES shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and PROFESSIONAL SERVICES 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 his/her designee . At the option of the CITY'S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY , its officers, officials, employees, agents and volunteers; or (ii) PROFESSIONAL SERVICES shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions . OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. PROFESSIONAL SERVICES shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 3710 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2 . The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, PROFESSIONAL SERVICES' 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 PROFESSIONAL SERVICES' insurance and shall not contribute with it. PROFESSIONAL SERVICES 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 ' Compensa tion insurance policy is to contain, or be endorsed to contain, the following provision : PROFESSIONAL SERVICES and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Professional Liability insurance polic y 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 PROFESSIONAL SERVICES . 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 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 PROFESSIONAL SERVICES, PROFESSIONAL SERVICES must purchase "extended reporting" coverage for a minimum of five (5) 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 CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. PROFESSIONAL SERVICES 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, PROFESSIONAL SERVICES 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, PROFESSIONAL SERVICES 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. 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 PROFESSIONAL SERVICES shall not be deemed to release or diminish the liability of PROFESSIONAL SERVICES, 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 PROFESSIONAL SERVICES. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of PROFESSIONAL SERVICES, its principals, officers, agents, employees, persons under the supervision of PROFESSIONAL SERVICES, vendors, suppliers , invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS -If PROFESSIONAL SERVICES subcontracts any or all of the services to be performed under this Agreement, PROFESSIONAL SERVICES shall require, at the discretion of the CITY 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 CITY Risk Manager or designee . If no Side Agreement is required, PROFESSIONAL SERVICES will be solely responsible for ensuring that it's subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE PROFESSIONAL SERVICES shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, PROFESSIONAL SERVICES shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-967 Agenda Date:6/29/2023 Agenda #: 1.-W. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BILLY P. 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 Project Management Section SUBJECT Approve the Second Amendment to the Consultant Services Agreement with The Taylor Group Architects in the amount of $132,500, for a total increased contract amount of $1,107,500, with a remaining contingency of $70,000, for professional architectural services for the design of plans and general construction contract documents for the New Fire Station 12 (Council District 1) RECOMMENDATION Staff recommends City Council approve the Second Amendment to the Consultant Services Agreement with The Taylor Group Architects in the amount of $132,500, increasing the total contract amount to $1,107,500, with a remaining contingency of $70,000, for the New Fire Station 12 and authorize the Public Works Director or designee to execute the Second Amendment on behalf of the City of Fresno. EXECUTIVE SUMMARY The City and Consultant have completed Part Two: Design Development documents, including probable construction cost estimates for the new Fresno Fire Department (FFD) Fire Station 12. As industry construction costs have continued to rise, this has resulted in the need for a value engineering effort to reduce the project cost where possible. The City and Consultant worked through a value engineering exercise in an effort to reduce the construction costs. The proposed amendment covers the cost to incorporate some of the value engineering items and to make updates to the four pull-through apparatus bays. City staff recommends continuing the progress of design, which necessitates updates to the Design Development documents prior to preparing full construction documents. The costs of the Consultant Services Agreement and the proposed amendment are City of Fresno Printed on 7/18/2023Page 1 of 3 powered by Legistar™ 06/29/2023 MA/NE 7-0 APPROVED ON CONSENT File #:ID 23-967 Agenda Date:6/29/2023 Agenda #: 1.-W. funded with Fire Impact Fee revenues allocated to the project. BACKGROUND The City entered into an Agreement with The Taylor Group Architects in May,2022 for the design and preparation of construction documents for the new,permanent Fire Station 12.The new fire station was originally designed to accommodate a company of ten (10)fire crew and included four pull- through apparatus bays,which are a desirable design feature due to the location on West Ashlan Avenue. After receiving the Part One:Schematic Design construction cost estimate,the City,FFD,and Consultant modified the station design to include two pull-through and two back-in apparatus bays in order to keep costs in line with the project budget and proceeded with Part Two:Design Development phase.The Design Development cost estimate based on the modified design indicated that the construction costs for the New Fire Station 12 still exceeded FFD’s $12 million project budget.The Consultant explored value engineering options but was unable to realize significant savings without further compromising the design objectives for the new Fire Station. After discussions between FFD and the City Manager’s Office,it was recommended that the design of the new Fire Station revert to the original four pull-through bay design,while incorporating the value engineered solutions to partially offset the increased construction costs.This amendment includes consultant service fees necessary to update the Design Development documents to reflect the four pull-through apparatus bay design,which is required prior to moving forward to the Construction Documents phase. The original Consultant Services Agreement dated May 18,2022,allocated a total amount of $965,000,with a contingency amount of $80,000.The First Amendment to the Consultant Services Agreement dated June 16,2022,allocated an additional total amount of $10,000 related to demolition planning consultant service fees.Staff now recommends Council approve the Second Amendment to the Consultant Services Agreement with the Taylor Group Architects in the amount of $132,500,increasing the total contract amount to $1,107,500,with a remaining contingency of $70,000,for the New Fire Station 12 and authorizing the Public Works Director or designee to execute the Second Amendment on behalf of the City of Fresno. The City Attorney’s Office has reviewed and approved this amendment as to form. ENVIRONMENTAL FINDINGS Contract amendment does not qualify as a project pursuant to California Environmental Quality Act (CEQA) Guidelines § 15378. LOCAL PREFERENCE Local preference was not implemented; this is an amendment to an existing agreement. FISCAL IMPACT The proposed Fire Station No.12 is located in Council District 1 and does not include any funding City of Fresno Printed on 7/18/2023Page 2 of 3 powered by Legistar™ File #:ID 23-967 Agenda Date:6/29/2023 Agenda #: 1.-W. The proposed Fire Station No.12 is located in Council District 1 and does not include any funding from the General Fund.The costs of the Consultant Services Agreement and the proposed amendment are funded with Fire Impact Fee revenues allocated to the project. Attachment(s): Vicinity Map Second Amendment City of Fresno Printed on 7/18/2023Page 3 of 3 powered by Legistar™ 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 Fire Station 123315 W. Ashlan Ave N 0 1.5 30.75 Miles Project ID: XC00050Council District: 1 Fire Station 12VICINITY MAP DEPARTMENT OFPUBLIC WORKS District 1 City_Limits City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-972 Agenda Date:6/29/2023 Agenda #: 1.-X. 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 GARINE KENDOYAN, Engineer II Public Works Department, Engineering Division SUBJECT Award a product purchase contract in the amount of $708,732.52 to JAM Services, Inc. of Livermore, California for the streetlight materials required for the Chinatown Project 1 & 6 Streetlights - Bid File No. 12302405 (Council District 3) RECOMMENDATION Staff recommends that the City Council award a product purchase contract with JAM Services, Inc. in the amount of $708,732.52 as the lowest responsive and responsible bidder for the Chinatown Project 1 & 6 Streetlights and authorize the Purchasing Manager of the General Services Department or designee to sign the product purchase contract on behalf of the City of Fresno. EXECUTIVE SUMMARY As part of the approved Master Grant Agreement for the Transformative Climate Communities (TCC) grant program with the Strategic Growth Council (SGC) for development and implementation of greenhouse gas emissions reduction projects in the amount of $65,500,000, the City of Fresno Public Works Department is implementing the Sustainable Transportation Infrastructure (Project 1) and Chinatown Urban Greening (Project 6) projects. The projects will bring improvements to paved pedestrian facilities in Chinatown by installing streetlights, planting trees, reconstructing curb ramps, filling in sidewalk gaps and reconstructing China Alley. These improvements will be constructed along F Street, Mariposa Street, Kern Street and China Alley. Material shortages and supply chain delays are of the most significant factors leading to delay in construction project delivery. Council approval of the product purchase agreement is recommended to ensure the streetlight materials are ordered ahead of the construction bid to ensure the future contractor will receive the street light materials in a timely manner and minimize the potential supply chain delays. Both Project 1 and Project 6, including the proposed product purchase, are fully funded under the TCC grant program. City of Fresno Printed on 7/18/2023Page 1 of 3 powered by Legistar™ 6/29/2023 MA/MK 6-0 LC ABSENT File #:ID 23-972 Agenda Date:6/29/2023 Agenda #: 1.-X. BACKGROUND The TCC grant program was established by Assembly Bill (AB)2722 and is administered by the SGC using Cap-and-Trade funds for the development and implementation of neighborhood-level transformative climate community plans that include multiple,coordinated greenhouse gas emissions reduction projects that provide local economic,environmental,and health benefits to disadvantaged communities.The TCC grant program takes a place-based approach that commits applicants to the achievement of economic,environmental,and public health benefits in a specific community through the deployment of integrated climate strategies that combine greenhouse gas reduction activities to achieve multiple community benefits and drive innovation.The City has been awarded grant funds of $66,500,000 from the TCC grant program to fund the development and implementation of neighborhood-level coordinated greenhouse gas emissions reduction projects that provide local economic, environmental and health benefits to disadvantaged communities. The submittal for the grant funds,named the Transform Fresno Plan,includes coordination with several Partners to deliver a variety of California Climate Investment projects.On February 28,2019, the City Council approved the Master Grant Agreement with SGC for development and implementation of greenhouse gas emissions reduction projects in the amount of $66,500,000.On July 25,2019,the City Council approved a Sub-Recipient Agreement with the City’s Public Works Department for TCC Project 1 in the amount of $977,902 and Project 6 in the amount of $6,965,696 and approved resolution No.2019-153 amending the Annual Appropriation Resolution (AAR)No. 2019-133. In April 2020,City Council approved an agreement with DeWalt Corporation of Bakersfield,California for the preparation of plans, cost estimates, and general construction documents for Projects 1 and 6. Material shortages and supply chain delays are of the most significant factors leading to delays in construction project delivery.To avoid such delays,staff has advertised this product purchase bid for the streetlight materials prior to construction to align product delivery with the project construction start time.The Notice Inviting Bids was published in the Business Journal on May 5,2023,and posted on the City’s website.Two sealed bid proposals were received and opened in the public bid opening on May 30,2023,with bids ranging from $604,583.12 to $708,732.52.One bid was rejected due to a missing bid deposit.JAM Services is deemed the lowest responsive and responsible bidder. The bids will expire 64 days after the bid opening,on August 2,2023.If the bids are rejected or expire,the project will be rebid resulting in a delay in project construction and jeopardizing the TCC grant funding. Staff is recommending the award of product purchase contract to JAM Services in the amount of $708,732.52 to purchase streetlight materials for Projects 1 &6,as the lowest responsive and responsible bidder,and to authorize the Purchasing Manager of the General Services Department or designee to sign the product purchase contract on behalf of the City of Fresno. The City Attorney’s Office has reviewed and approved this item as to form. ENVIRONMENTAL FINDINGS This project was determined to be Categorically Exempt under Section 15301/Class 1,15302/Class 2,and 15304(B)/Class 4 of the California Environmental Quality Act (CEQA)Guidelines,adopted by City of Fresno Printed on 7/18/2023Page 2 of 3 powered by Legistar™ File #:ID 23-972 Agenda Date:6/29/2023 Agenda #: 1.-X. 2,and 15304(B)/Class 4 of the California Environmental Quality Act (CEQA)Guidelines,adopted by City Council on July 25, 2019. LOCAL PREFERENCE Local preference was not implemented because of the TCC grant funding. FISCAL IMPACT The Chinatown Urban Greening projects are located in Council District 3.The overall cost of Project 1 is $977,902 and of Project 6 is $6,965,696.00 and are both funded by the TCC grant.Of the overall project budget,$172,335.01 will be used for the product purchase contract award for Project 1 and $536,397.51 for Project 6. The projects will have no impact to the General Fund. Attachment(s): Bid Evaluation Standardized Contract Vicinity Map City of Fresno Printed on 7/18/2023Page 3 of 3 powered by Legistar™ EVALUATION OF BID PROPOSALS FOR: CHINATOWN PROJECT 1 & 6 STREETLIGHTS BIDDERS 1.Jam Services 958 E. Airway Blvd. Livermore, CA 94551 Page 1 Bid File No. 12302405 Bid Opening: 05/30/2023 TOTAL NET BID AMOUNT $708,732.52 Each bidder has agreed to allow the City sixty-four (64) days from date bids are opened to accept or reject their bid proposal. Purchasing requests that you complete the following sections and return this bid evaluation to the Purchasing Division at the latest by Monday, June 19, 2023, 5:00 P.M. The Engineer's Estimate for this expenditure is $ 450,000. The contract price is. 57% above the Engineer's Estimate. If the overage is greater than 10% or only one bid was received, give explanation: The project received two bids for the Chinatown Project 1 & 6 Streetlights. One bid was returned due to missing deposit. These streetlights are unique specialty items and as such, require custom design that is not readily available in the market. Staff did not have prior bids to compare, and the cost of the materials had to be estimated based on the available information at the time. Furthermore, the overall industry cost of materials has increased significantly in recent times, contributing to the increased cost of the streetlight materials. This is a trend that is being experienced across the industry, and it has affected the pricing of various materials and components. BACKGROUND OF PROJECT (To be completed by Evaluating Department/Division. Explain need for project/equipment): Chinatown Project 1 and 6 will install lighting on F Street from Fresno Street to Ventura Street, Mariposa and Kem Streets from E Street to G Street and China Alley from Tulare Street to Ventura Street. The custom streetlights will have a decorative pedestrian fixture to light up the sidewalk and a cobra head lighting for the road. Shortage and delay in material supply is one of the most significant factors leading to delay in construction project delivery. The subject product purchase ensures streetlights materials are ordered ahead of time in preparation for future contractor to receive and minimize supply chain delays. Evaluation Fenn Rev. 07-2022 FIN 3.0/11-26-12 PRODUCTS 1.12 Rev. 03 09 21 SAMPLE PRODUCT PURCHASE CONTRACT THIS CONTRACT is made and entered into by and between the 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. [Number]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. PRICE. For the monetary consideration of [WRITTEN $ AMOUNT] DOLLARS AND [WRITTEN CENTS AMOUNT] CENTS ($[Dollar Amount]), as set forth in the Bid Proposal, the Contractor promises and agrees to furnish or cause to be furnished, in a new and working condition, and to the satisfaction of the City, and in strict accordance with the Specifications, all of the items as set forth in the Contract Documents. 3. PAYMENT. The City accepts the 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. The Contractor agrees to accept electronic payment from the City. 4. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil Code section 2782 (if applicable), the Contractor 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) incurred by the City, the 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. The Contractor's obligations under the preceding sentence shall apply regardless of whether the 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 by the willful misconduct, of the City or any of its officers, officials, employees, agents, or volunteers. If the Contractor should subcontract all or any portion of the work to be performed under this Contract, the Contractor 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 Contract. [Signatures follow on the next page.] FIN 3.0/11-26-12 PRODUCTS 1.13 Rev. 03 09 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 the City shall be subsequent to that of the Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Dated: By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], Purchasing Manager General Services Department Dated: ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy No signature of City Attorney required. Standard Document #FIN-S 3.0 has been used without modification, as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] General Services Department 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 Chinatown Urban Greening Project N 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Project ID: PW00844 & PW00845 Council District: 3 Chinatown Urban Greening Project City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-977 Agenda Date:6/29/2023 Agenda #:1.-Y. 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 ISAAC CAMPOS, Engineer II Public Works Department, Transportation Project Management SUBJECT Approve the First Amendment to the Consultant Services Agreement with Provost & Pritchard Engineering Group, Inc., of Fresno, California in the amount of $22,748, for a total increased contract amount of $172,648, with a $10,000 contingency, for professional engineering services and preparation of right-of-way documents for the Blackstone Avenue Smart Mobility Project between McKinley Avenue and Shields Avenue (Council District 7) RECOMMENDATION Staff recommends the City Council approve the First Amendment to the Consultant Services Agreement (Agreement) dated May 24, 2022, with Provost & Pritchard Engineering Group in the amount of $22,748, increasing the total contract amount to $172,648, with a $10,000 contingency, for the Blackstone Avenue Smart Mobility Project between McKinley Avenue and Shields Avenue, and to authorize the Public Works Director or designee to execute the First Amendment to Agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY The Blackstone Avenue Smart Mobility Project between McKinley Avenue and Shields Avenue will implement the Southern Blackstone Avenue Smart Mobility Strategy with a complete street design including the construction of protected Class IV bicycle facilities in each direction of Blackstone Avenue. Implementation of a road diet will reduce Blackstone Avenue from three vehicle lanes in each direction to two vehicle lanes, which allows for the addition of the Class IV bicycle facility and other complete streets features. The preliminary engineering, right-of-way, and construction phases are federally funded with a Congestion Mitigation and Air Quality (CMAQ) program grant administered through Caltrans, on behalf of the Federal Highway Administration (FHWA). Local match to the grant is funded with the City’s flexible measure C allocation. As the project progressed, it was determined that the existing design along three intersections does not meet current standards for the Class IV bicycle facility layout and required detection zones. It was also determined that additional right-of-way, legal descriptions, and exhibits would be required for the City of Fresno Printed on 7/18/2023Page 1 of 3 powered by Legistar™ 6/29/2023 MA/NE 7-0 APPROVED ON CONSENT File #:ID 23-977 Agenda Date:6/29/2023 Agenda #:1.-Y. also determined that additional right-of-way,legal descriptions,and exhibits would be required for the construction of ADA-compliant curb ramps.Staff recommends approval of this First Amendment in the amount of $22,748,for the additional engineering design services and completion of additional right-of-way documents for the Blackstone Avenue Smart Mobility Project between McKinley Avenue and Shields Avenue. BACKGROUND The Southern Blackstone Avenue Smart Mobility Strategy is based on a community-driven process that led to the development of design concepts to improve the corridor.The Southern Blackstone Avenue Smart Mobility Strategy was adopted by Fresno City Council on May 2,2019.The transformative bicycle and pedestrian concepts included in the strategy includes a road diet on Blackstone Avenue to implement the complete streets concept and install protected bicycle facilities between Shields Avenue and McKinley Avenue.The facilities will connect at University Avenue to the future Class IV bicycle facilities proposed as part of the Blackstone Avenue and McKinley Avenue BNSF Grade Separation. Grant funding was applied for in November 2019,and the total project cost of $2,055,200 is fully funded by the federal CMAQ grant and local Measure C as the required matching fund.The CMAQ funding is administered by Caltrans on behalf of the Federal Highway Administration.This funding will allow the City to install one mile of Class IV protected bike lane in each direction to activate a critical section of the corridor.Additional improvements associated with the project include installing new curb ramps,traffic calming features,sidewalks,green conflict zone markings,reconstructing median noses and installing elevated bus platforms for Bus Rapid Transit (BRT)riders.The project will improve accessibility and support multimodal travel options with the addition of the Class IV buffered bike lane. In accordance with Administrative Order (A.O.)6-19,staff executed an agreement with Provost & Pritchard Engineering Group Inc.,in May 2022,to perform professional engineering services for the preparation of the plans,specifications,cost estimates,bidding support services and construction support services for the project.As the design progressed,it was determined that the existing design along three intersections does not meet current standards for the Class IV bicycle facility layout and required detection zones.It was also determined that additional right-of-way legal descriptions and exhibits would be required for the construction of ADA-compliant curb ramps.Therefore,the City needs to amend the scope of the Agreement to complete the ultimate design of the project.Staff negotiated the additional scope to the Agreement for an increase of $22,748,which brings the total contract amount to $172,648, with a $10,000 contingency. Staff is recommending the approval of the First Amendment to the Consultant Services Agreement with Provost &Pritchard Engineering Group,Inc.,of Clovis,California in the amount of $22,748,for a total increased contract amount of $172,648,with a $10,000 contingency,for professional engineering services and preparation of right-of-way documents for the Blackstone Avenue Smart Mobility Project between McKinley Avenue and Shields Avenue,and to authorized the Public Works Director or designee to execute the First Amendment to Agreement on behalf of the City of Fresno. The City Attorney’s Office has reviewed and approved the amendment as to form. ENVIRONMENTAL FINDINGS City of Fresno Printed on 7/18/2023Page 2 of 3 powered by Legistar™ File #:ID 23-977 Agenda Date:6/29/2023 Agenda #:1.-Y. By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, this item does not qualify as a project as defined by the CEQA guidelines. LOCAL PREFERENCE Local preference was not implemented; this is an amendment to an existing agreement. FISCAL IMPACT This project,which is located in Council District 7,will not have any impact to the General Fund.The amendment amount of $22,748 will be funded by the federal CMAQ grant and local Measure C allocations.All funds necessary for the contract amendment are included in the current fiscal year budget as previously adopted by City Council. Attachment(s): Vicinity Map First Amendment to Agreement City of Fresno Printed on 7/18/2023Page 3 of 3 powered by Legistar™ 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 Blackstone Avenue Smart Mobility Project N 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Project ID: PW00956 Council District: 7 Blackstone Avenue Smart Mobility Between McKinley Avenue and Shields Avenue City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-981 Agenda Date:6/29/2023 Agenda #: 1.-Z. 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 MILLER, PE, Supervising Professional Engineer Public Works Department, Design Services Section SUBJECT Award a construction contract in the amount of $3,260,116 to Granite Construction Company of Fresno, CA, as the lowest responsive and responsible bidder, for the Downtown Fresno Neighborhood Beautification and Cleanup Project (Bid File No. 12302141) (Council Districts 1, 3, & 7) RECOMMENDATION Staff recommends the City Council award a construction contract in the amount of $3,260,116 to Granite Construction Company of Fresno, CA, for the Downtown Fresno Neighborhood Beautification and Cleanup Project and authorize the Public Works Director or designee to sign the contract on the City’s behalf. EXECUTIVE SUMMARY The proposed Downtown Fresno Neighborhood Beautification and Cleanup Project includes both infrastructure and non-infrastructure components. The City seeks to award a construction contract to Granite Construction Company of Fresno, CA, as part the infrastructure portion of the Project on Belmont Avenue from Abby Street to Millbrook Avenue, SR-180 at Fresno Street and SR-180 at First Street. The primary scope of the project includes the reconstruction of median islands along Belmont Avenue, planting of new median and street trees, irrigation, upgrading existing concrete curb ramps to be ADA accessible and improving five existing FAX bus stop locations. The construction contract is for $3,260,116 and is fully funded by the State of California’s Clean California Local Grant Program (CCLGP). BACKGROUND On January 27, 2022, the City Council authorized the Public Works Department to submit a Grant Application to the California Department of Transportation for the Clean California Local Grant City of Fresno Printed on 7/18/2023Page 1 of 4 powered by Legistar™ 6/29/2023 MA/NE 7-0 APPROVED ON CONSENT File #:ID 23-981 Agenda Date:6/29/2023 Agenda #: 1.-Z. Application to the California Department of Transportation for the Clean California Local Grant Program (CCLGP);a program created to beautify and clean up local streets and roads,tribal lands, parks,pathways,transit centers,and other public spaces.The program is part of the nearly $1.1 billion Clean California initiative that aims to assist the California Department of Transportation (Caltrans)in addressing the continuous trash generation overwhelming California’s public spaces. The Public Works Department was awarded $5 million in May of 2022 for the Downtown Fresno Neighborhood Beautification and Cleanup Project which includes both infrastructure and non- infrastructure elements focused on urban greening,improved walkability,community placemaking, and litter cleanup. The infrastructure component will reconstruct the existing median on Belmont Avenue from Abby Street to Millbrook Avenue to include the removal of median curb,gutter and asphalt paving, sawcutting,adjustment of water valves and manhole lids to grade,and installation of curb and gutter, landscaping and irrigation in the reconstructed median.Irrigated sidewalk tree wells will be installed along the proposed corridor to complement the existing sidewalk tree wells.Installation of the irrigated tree well will include replacement of existing sidewalk,directional boring and installation of irrigation laterals to serve the irrigated sidewalk tree wells.Forty-Seven (47)pedestrian ramps, signage and striping will be upgraded to meet current ADA requirements.Five (5)existing FAX Bus stop locations within the project area,beneath SR-180 at northbound and southbound Fresno Street, at southbound First Street and along westbound Belmont Avenue at Effie Street and at First Street, will be updated to a include a new bus shelter,concrete bus stop pad,trash receptacle,seating,bus stop lighting and appurtenances. The non-infrastructure components include the commissioning of eight (8)murals to be painted by eight (8)local artists,at five (5)locations along SR-180 abutment slopes and columns at Blackstone Avenue,Abby Street,Fresno Street and First Street and on the Romain Park (First Street and Harvey Avenue) recreation building to encourage community placemaking and decrease graffiti. Another non-infrastructure component of the project includes the hiring of a vendor to provide weekly litter cleanup along the Blackstone Avenue and Abby Street business corridors between Olive Avenue and Belmont Avenue,and along the Belmont Avenue business corridor from Abby Street to First Street,until June 2024.The vendor contract will reduce litter within the project area and may provide employment opportunities for the community. Lastly,the project will establish ‘Beautify Fresno’Clubs at Webster and Hidalgo Elementary Schools. The Beautify Fresno Clubs will organize a cleanup or beautification event to be held each semester at each school,for a total of eight (8)Beautify Fresno Club-organized cleanup events.The City of Fresno’s ‘Beautify Fresno’program will also organize four (4)volunteer-based cleanup events to be held at Webster (two (2)events),Hidalgo and Anthony Elementary School neighborhoods.The City of Fresno’s ‘Beautify Fresno’program will also create and launch two (2),twelve-week (12)long Anti- litter campaigns to include bus wraps on FAX Bus Routes 22 and 33,serving the target area of the CCLLGP award,billboard ads and online social media outreach.One campaign will launch in 2023 and the second in 2024. The Civil infrastructure improvements were designed by the City’s Public Works,Design Services Section and took approximately four (4)months to complete.The Landscape and Irrigation infrastructure Improvements were designed by the City’s on-call consultant,Peters Engineering Group and subconsultant Designlab 252,and took approximately three (3)months to complete.No City of Fresno Printed on 7/18/2023Page 2 of 4 powered by Legistar™ File #:ID 23-981 Agenda Date:6/29/2023 Agenda #: 1.-Z. Group and subconsultant Designlab 252,and took approximately three (3)months to complete.No right-of-way was acquired for this project. Staff prepared a Notice Inviting Bids,which was published in the Fresno Business Journal on May 17,2023,posted on the City’s website,and sent to Eight (8)building exchanges.Project plans and Specifications were distributed to Twenty-Three (23)prospective bidders.Three (3)sealed bid proposals were received and opened in a public bid opening on June 15,2023,with bids ranging from $3,260,116 to $3,784,278.Granite Construction Company,of Fresno,CA,with their bid of $3,260,116,was determined to be the lowest responsive and responsible bidder.The expiration date of the bids is August 18,2023.If the bids are rejected or expire the project must be rebid which will result in a delay of approximately 90 days. This contract is covered by the Community Workforce Agreement (PLA),adopted by Council in September 2021,and discussed in the Project Specifications.The Contractor shall become signatory to the PLA by executing the Agreement to Be Bound. Staff recommends the Council award a construction contract to Granite Construction,in the amount of $3,260,116 to construct infrastructure improvements on Belmont Avenue from Abby Street to Millbrook Avenue,on Fresno Street at SR-180 and at First Street at SR-180,as the lowest responsive and responsible bidder,and authorize the Public Works Director or designee to sign the Contract and sign related documents on the City’s behalf.A standard construction contract has been used, without modification, in accordance with Administrative Order 4-4. The City Attorney’s Office has reviewed and approved the Contract as to form. ENVIRONMENTAL FINDINGS The Project is consistent with CEQA Guidelines,Sections 15301/Class 1 and 15302/Class 2 categorical exemptions because the project proposes reconstruction and improvements to existing landscaping median and sidewalk,ADA ramps,reinstallation or replacement of signage and striping, painting of eight (8)murals,establishment of Beautify Fresno Clubs at Webster and Hidalgo elementary schools,organization of eight (8)Beautify Fresno Club-hosted events,organization of four (4)City of Fresno-hosted volunteer clean up events at Webster,Hidalgo and Anthony elementary school neighborhoods,coordination of two (2)twelve week (12)anti-litter campaigns to include bus wraps,billboard ads and social media outreach,execution of a litter abatement contract to include the Blackstone Avenue and Abby Street business corridors from Belmont Avenue to Olive Avenue and the Belmont Avenue business corridor from Abby Street to First Street. Based on staff analysis,it was determined that no adverse environmental impacts would occur as a result of the proposed project and none of the exceptions to categorical exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project.Therefore,a categorical exemption,as noted above, applies to the Project. On April 27,2023,the Council adopted a finding of Categorical Exemption (CE)pursuant to Environmental Assessment No.PW01012,dated April 12,2023,and a Notice of Exception (NOE) was filed with the Fresno County Clerk’s office and with the State Clearing House,Office of Planning and Research (OPR) on May 1, 2023, and was posted until June 6, 2023 City of Fresno Printed on 7/18/2023Page 3 of 4 powered by Legistar™ File #:ID 23-981 Agenda Date:6/29/2023 Agenda #: 1.-Z. LOCAL PREFERENCE Local preference was not implemented because this contract is funded with state funding. However, the lowest responsive and responsible bidder is a local contractor. FISCAL IMPACT The Downtown Fresno Neighborhood Beautification and Cleanup Project is located within Council Districts 1,3 &7 and will have no impact on the General Fund.The overall cost of the project is $4,643,916 and is fully funded by a CCLGP grant.Of the overall budget of the project,$3,260,116 will be used for the construction contract award.All funding allocations necessary for the contract award are included in the current fiscal year adopted City budget. Attachments: Bid Evaluation Fiscal Impact Statement Vicinity Map Standardized Construction Contract City of Fresno Printed on 7/18/2023Page 4 of 4 powered by Legistar™ X Evaluation Form Rev. 07-2022 FISCAL IMPACT STATEMENT PROGRAM: (CLEAN CA) Downtown Neighborhood Beautification and Cleanup Project 12302141 PW01012 (209900327) TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $3,260,116 Indirect Cost $1,383,800 TOTAL COST $4,643,916 Additional Revenue or Savings Generated $ Net City Cost $4,643,916 Amount Budgeted (If none budgeted, identify source) $4,401,500 Indirect cost consists of the following: Preliminary Engineering $ 262,700 Mural Art $ 431,800 Community Engagement $ 235,100 Construction Engineering $ 128,200 Contingency $ 326,000 o Total $1,383,800 The Clean CA Downtown Neighborhood Beautification and Cleanup Project is fully funded by a state grant from the Clean CA Local Grant Program (CCLGP). N 0 1.5 30.75 Miles DEPARTMENT OFPUBLIC WORKS Project ID: PW01012 Council District: 1, 3 &7 Downtown Fresno Neighborhood Beautificationand Cleanup Project Project Scope City Limits VICINITY MAP Date: 1/26/2022 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 Belmont Ave. - Abby St. to Millbrook St. Mural/Bus Stop: SR-180/Fresno St. Mural: Romain Park Mural/Bus Stop: SR-180/First St.Mural: SR-180/Abby St. Mural: SR-180/Blackstone Ave. DPW 23.0/01-06-12 DPW PLA DIV I.pdf 1.19 rev. 01-22 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 PLA DIV I.pdf 1.20 rev. 01-22 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] City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1042 Agenda Date:6/29/2023 Agenda #: 1.-AA. 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 JESUS AVITIA, PE, Deputy City Engineer Public Works Department, Transportation Project Management Section SUBJECT Actions pertaining to the Operation and Maintenance Cooperative Agreement with California High Speed Rail Authority (Council Districts 1, 2, 3, and 5): 1. Approve the Ownership and Maintenance Cooperative Agreement between the California High -Speed Rail Authority and the City of Fresno to establish a record of final ownership and perpetual maintenance for the California High-Speed Rail System located within the City of Fresno 2. Authorize the Public Works Director or designee to accept the lump sum payment of $5,000,000 for graffiti abatement costs related to the Operations and Maintenance Cooperative Agreement with California High Speed Rail (Subject to Mayor’s Veto) RECOMMENDATIONS Staff recommends that the City Council (1) approve the Ownership and Maintenance Cooperative Agreement between the California High-Speed Rail Authority (Authority) and the City of Fresno (City) to establish a record of final ownership and perpetual maintenance for the California High-Speed Rail System located within the City of Fresno (the O&M Agreement), (2) accept the lump sum payment of $5,000,000 for graffiti abatement on behalf of the City of Fresno, and authorize the Public Works Director or designee to execute the O&M Agreement. EXECUTIVE SUMMARY City staff have worked closely with the Authority to identify all infrastructure components proposed with the California High-Speed Rail Project and negotiated a fair distribution of responsibilities based on the City’s current responsibilities and the long-term benefits of the newly constructed facilities. Staff recommends approval of the O&M Agreement, which will establish a record of final ownership and perpetual maintenance of facilities, utilities, and project elements required for operation of the California High-Speed Rail System. The O&M Agreement will also provide a single lump sum payment of $5,000,000 to the City for the cost of graffiti abatement at accessible locations within the City of Fresno Printed on 7/18/2023Page 1 of 3 powered by Legistar™ 6/29/2023 MA/NE 6-1 GB VOTED NO APPROVED ON CONSENT June 30, 2023 TO: MAYOR JERRY DYER FROM: �DD STERMER, CMC City Clerk Council Adoption: 06/29/2023 Mayor Approval: Mayor Veto: Override Request: SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the City Council meeting of June 29, 2023, Council adopted the attached ***Authorize the Public Works Director or designee to accept the lump sum payment of $5,000,000 for graffiti abatement costs related to the Operations and Maintenance Cooperative Agreement with California High Speed Rail (Subject to Mayor's Veto) Item 1-AA, File ID 23-1042, by the following vote: Ayes : Perea, Karbassi, Arias, Maxwell, Chavez, Esparza Noes : Bredefeld Absent : None Abstain : None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before July 10, 2023. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 10th day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's signed approval. APPRO NO RETURN: VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) Jer, yer, Mayor COUNCIL OVERRIDE ACTION: Ayes Noes Absent Abstain Date /ol Date: File #:ID 23-1042 Agenda Date:6/29/2023 Agenda #: 1.-AA. payment of $5,000,000 to the City for the cost of graffiti abatement at accessible locations within the City street right-of-way, such as the tall retaining walls being constructed with the grade separations. BACKGROUND On May 3,2012,the Council approved a Memorandum of Understanding with the Authority to develop a series a Cooperative Agreements for the High-Speed Rail Project.The O&M Agreement is part of that series of agreements required to establish final ownership and perpetual maintenance of the facilities,utilities,and project elements required for the operation of the California High-Speed Rail within the City.Facilities include the San Joaquin River Viaduct,the Downtown Fresno Viaduct, all grade separations from Herndon Avenue to Central Avenue,traffic signals and roads.Utilities include proposed traction power duct banks,fiber optic systems,and water and sewer systems. Project elements include items that may be part of a facility or utility such as security screens on overhead grade separations, drainage basins, retaining walls, slopes, and fencing. City staff have worked closely with the Authority over the last 10 years to identify all infrastructure components proposed with the California High-Speed Rail Project.Staff has negotiated a fair distribution of perpetual maintenance responsibilities based on the City’s current responsibilities and the long-term benefits of the newly constructed facilities.The O&M agreement is similar to the existing maintenance agreements between the City and Caltrans where City facilities cross the State right-of-way.Staff recommends approval of the O&M Agreement,which will establish a record of final ownership and perpetual maintenance of facilities,utilities,and project elements required for operation of the California High-Speed Rail System. The California High-Speed Rail Project proposes over a dozen new grade separation structures along the corridor within the City.While these new grade separations will create much safer and more efficient railroad crossings for Fresno residents,these new structures create the potential for an increase in graffiti abatement costs long-term.The Authority recognizes this increased maintenance responsibility and has agreed upon contributing toward the long-term cost.The O&M Agreement will provide a single lump sum payment of $5,000,000 to the City for the cost of graffiti abatement. The City Attorney’s Office has reviewed and approved the agreement as to form. 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 implemented as this is not a bid or award of a construction or services contract. FISCAL IMPACT The California High-Speed Rail Authority will provide a one-time Lump Sum payment of Five Million Dollars ($5,000,000)pursuant to this agreement and there will be no impact to the General Fund for the foreseeable future.The lump sum payment will be deposited into a unique special revenue fund. City of Fresno Printed on 7/18/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1042 Agenda Date:6/29/2023 Agenda #: 1.-AA. the foreseeable future.The lump sum payment will be deposited into a unique special revenue fund. Appropriations for graffiti abatement costs will be included in the City’s future annual budgets utilizing the deposited funds as additional facilities are constructed and put into service. Attachment(s): Ownership and Maintenance Cooperative Agreement Vicinity Map City of Fresno Printed on 7/18/2023Page 3 of 3 powered by Legistar™ 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 CITY OF FRESNOCOUNCIL DISTRICTS WITHIN THE CALIFORNIA HIGH SPEED RAIL FOOTPRINT N 0 1.5 30.75 Miles Project ID: PW00663, PW00696, PW00904Council District: 1,2,3 & 5 CITY OF FRESNOCOUNCIL DISTRICTS WITHIN THE CALIFORNIA HIGH SPEED RAIL FOOTPRINT VICINITY MAP DEPARTMENT OFPUBLIC WORKS District 1 District 2 District 3 District 5 City_Limits City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1055 Agenda Date:6/29/2023 Agenda #: 1.-BB. REPORT TO THE CITY COUNCIL FROM:PACO BALDERRAMA, Chief of Police Police Department BY:MINDY CASTO, Police Deputy Chief Support Division SUBJECT Approve an increase to the current Fortney Towing Evidence Tow Service Contract, Bid File No. 9515, in an amount not to exceed $501,600 to cover the expenses incurred and projected through FY 2024 and to execute the first one-year extension through September 30, 2024. RECOMMENDATION Staff recommends Council approve an increase to the current Fortney Towing Evidence Tow Service Contract, Bid File No. 9515, in an amount not to exceed $501,600 to cover the expenses incurred and projected through FY 2024 and to execute the first one-year extension through September 30, 2024. EXECUTIVE SUMMARY The Fresno Police Department, with City Council approval, entered into a three-year with two one- year option contract with Fortney Towing in 2020, after going through the formal bid process, to store approximately 150 evidence vehicles, with a limit of $135,013.33 per year ($405,039.99 over three years). The contract is set to expire September 30, 2023, but allows for two (2) one-year extensions. Despite releasing as many stored vehicles as possible, the number of vehicles stored with Fortney remains at approximately 385 today and the funds allocated are insufficient. Although efforts have been made to reduce the number of stored vehicles, they are considered evidence and cannot be released without the approval of the District Attorney’s office. We are currently averaging approximately $26,400 per month in storage fees. BACKGROUND Members of the Department’s Street Violence Bureau have remained in regular contact with the District Attorney’s office to identify vehicles that can be released, but their decision has been to hold the vast majority of these vehicles due to pending cases and ongoing appeals. The Traffic Safety section has also made efforts to release any other stored vehicles we are not required to retain. The majority of stored vehicles are related to murder cases with no statute of limitation. In both 2020 City of Fresno Printed on 7/18/2023Page 1 of 2 powered by Legistar™ 6/29/2023 MA/AP 7-0 File #:ID 23-1055 Agenda Date:6/29/2023 Agenda #: 1.-BB. The majority of stored vehicles are related to murder cases with no statute of limitation.In both 2020 and 2021,the city experienced a spike in murders and suffered COVID-19 related court delays,both of which have contributed to the increased storage time and costs. To cover future increased storage fees,Fortney Towing has offered to maintain our current contract pricing of 1 cent per tow and $2.50 per day storage costs if we agree to exercise the first one-year contract extension in October 2023.This would require an increase to the contract to account for the increased number of vehicles being stored and the length of time they are being stored.During the first-year extension contract term,we will start the bid process for a new contract to ensure we have a new agreement in place before the end of September 2024. Original 3-year contract amount:$405,039.99 Council approved increase:$501,600.00 Total revised contract amount:$906,639.99 ENVIRONMENTAL FINDINGS This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Local preference is not applicable because we are currently under contract with a local entity. FISCAL IMPACT The fiscal impact to the general fund is expected to remain at approximately $501,600 for fiscal year 2024.The cost to impound and store approximately 350 evidence vehicles per year,based on a five- year average. Attachments: Fortney Towing, Inc. Service Contract First Amendment Fortney Towing, Inc. Service Contract City of Fresno Printed on 7/18/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1051 Agenda Date:6/29/2023 Agenda #: 1.-CC. REPORT TO THE CITY COUNCIL FROM:ANNALISA PEREA, Vice President District 1 NELSON ESPARZA, Councilmember District 7 SUBJECT ***Resolution - To conduct a traffic assessment to include options for improved safety for the intersection of Van Ness and Clinton Avenues (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] City of Fresno Printed on 7/18/2023Page 1 of 2 powered by Legistar™ 6/29/2023 MA/NE 7-0 R. 2023-198 APPROVED ON CONSENT File #:ID 23-1051 Agenda Date:6/29/2023 Agenda #: 1.-CC. Attachment: Resolution City of Fresno Printed on 7/18/2023Page 2 of 2 powered by Legistar™ 1 of 2 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO CONDUCT A TRAFFIC ASSESSMENT TO INCLUDE OPTIONS FOR IMPROVED SAFETY FOR THE INTERSECTION OF VAN NESS AND CLINTON AVENUES WHEREAS, safe, convenient, and accessible transportation for all users is an adopted priority of the City of Fresno; and WHEREAS, crashes that result in death or serious injury are not inevitable but largely preventable and stem in part from human inattention and speeding; and WHEREAS, it is the role of government to do its part to serve and protect and populace; and WHEREAS, residents living within the intersection of Clinton and Van Ness Avenues in Central Fresno have been raising concerns regarding the intersection; and WHEREAS, the City of Fresno is designated as a Pedestrian Safety Focus City by the Federal Highways Administration (FHWA); and WHEREAS, the Council in partnership with the Administration desires to conduct a traffic assessment addressing the intersection and to develop recommendations to combat red-light problems, speeding, collisions with pedestrians and bicyclists, and any other issues identified during the assessment. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1.The City shall conduct a traffic assessment to include options for improved safety for the intersection of Van Ness and Clinton Avenues. 2 of 2 2.The City Manager shall report back to the City Council with information regarding the intersection, including but not limited to improved public education; increased traffic enforcement; options for infrastructure improvements; potential use of traffic signal cameras (as are legally permissible); or any other means to improve motorist, bicyclist, and pedestrian safety; the Administration is hereby requested to provide a report to the Council within 45 days from the passage of this resolution. 3.This resolution shall be effective upon final approval. * * * * * * * * * * * * * * 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 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1032 Agenda Date:6/29/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Appearance by Maria Alvarez Garcia to discuss dog abuse accountability. (Resident of District 2) Attachment: Request to speak City of Fresno Printed on 7/18/2023Page 1 of 1 powered by Legistar™ 6/29/2023 APPEARED 1 From: Sent:Friday, June 2, 2023 9:36 AM To:Clerk Agendas Subject:Request to Speak Before the Fresno City Council Name: Maria Alvarez Garcia Address Fresno, California 93722 District District 2 Phone Email Date You Wish to Speak Before the City Council June 29, 2023 Topic/Subject Dog abuse accountability IP Address 198.200.238.254 User‐Agent (Browser/OS) Google Chrome 113.0.0.0 / Windows 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 23-1058 Agenda Date:6/29/2023 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 Engineering Division ADRIAN GONZALEZ, Senior Engineering Technician Public Works Department, Land Planning Section SUBJECT HEARING to adopt Resolutions and Ordinance to Annex territory and Levy a Special Tax regarding City of Fresno Community Facilities District Number 11, Annexation Number 144 (Final Tract Map Number 6276) (located on the northwest 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. 144 (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. 144 (Subject to Mayor’s Veto) RECOMMENDATIONS 1. Adopt Resolution to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 144, 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. 144. EXECUTIVE SUMMARY On May 11, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023- 140 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. 6276 (83 Lot Single-Family Home Subdivision). This is the noticed Public Hearing to consider annexing Final Tract Map No. 6276 as Annexation No. 144 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. City of Fresno Printed on 7/18/2023Page 1 of 3 powered by Legistar™ 6/29/2023 AP/MA 7-0 R. 2023-199, R. 2023-200 R. 2023-201 B-23/ORD. 2023-022 File #:ID 23-1058 Agenda Date:6/29/2023 Agenda #: pertaining to certain required above ground public improvements associated with this subdivision. The cost for Services is $1,183.73 per lot annually,which includes Final Tract Map No.6276’s share of the Services provided to Parc West Drive.If approved,the recommended resolutions and ordinance will levy a Special Tax on the properties in Final Tract Map No.6276 for identified Services. (See attached Location and Features map.) BACKGROUND Subdivision: 6276 Developer: Lennar Homes Number of Lots: 83 Maximum Special Tax Per Lot: $1,183.73 Features:Certain required above ground public improvements;including Landscaping and irrigation systems;concrete and hardscape improvements,paving,street lights,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.6276 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.2023-140,declared its intention to annex the Final Tract Map No.6276 to CFD No.11,and set the Public Hearing for formal consideration. (See attached Location and Features map.) Resolution No.2023-140 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 $1,183.73 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 7/18/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1058 Agenda Date:6/29/2023 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. Attachment(s): Location Map Feature Map Resolution Annex-Levy Resolution Calling Election Resolution Declaring Results Ordinance City of Fresno Printed on 7/18/2023Page 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. 6276 DISTRICT 1 ANNEXATION NO. 144 COMMUNITY FACILITIES DISTRICT NO. 11 NORTH PARC WES T D R I V E 1 8 7 6 5 4 3 2 9 10 11 12 13 20 21 18 19 15 16 17 14 27 26 25 22 23 24 28 39 29 38 30 37 31 36 32 35 33 34 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 40 41 42 58 59 60 61 66 67 68 69 70 71 72 73 74 75 76 77 78 79 62 63 64 65 80 81 82 83 NORTH GRANTLAND AVENUEWEST DONNER AV E N U E WEST RAYBURN A V E N U E WEST NORWICH AV E N U ENORTH BONTA AVENUEWEST GETTYSBUR G A V E N U E NORTH MARUYAMA AVENUENORTH PHOENIX AVENUEFINAL TRACT MAP NO. 6276 BUFFERS/OUTLOTS/MEDIAN TREES & SHRUBS = 49,644 SF SMALL TREES = 107 EA LARGE TREES = 2 EA FEATURES TO BE ADDED BY ANNEXATION NO. 144 COMMUNITY FACILITIES DISTRICT NO. 11 TRAFFIC OPERATIONS AND PLANNING DIVISION N STREET LIGHTS: LOCAL STREET PAVEMENT: CONCRETE IMPROVEMENTS:LANDSCAPE AND IRRIGATION: 22 EA TRAIL AMENITIES: INTERIOR RESIDENTIAL = 113,967 SF TRAIL = 17,237 SF CURB & GUTTER = 6,425 LF VALLEY GUTTER = 2,902 SF SIDEWALK & CURB RAMPS = 34,636 SF MEDIAN CURB = 2,050 SF LIGHTS = 7 EA DOG STATION = 1 EA BLOCK WALL = 868 LF 1 of 6 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 11 AND AUTHORIZING THE LEVY OF A SPECIAL TAX FOR ANNEXATION NO. 144 WHEREAS, on May 11, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023-140 to Annex Final Tract Map No. 6276 to the City of Fresno, Community Facilities District No. 11 (CFD No. 11) and to Authorize the Levy of Special Taxes, pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law); and WHEREAS, Council Resolution No. 2023-140, incorporating a map of the area proposed for annexation to CFD No. 11, and stating the Services (as hereafter defined) to be provided, the estimated maximum cost of providing such Services, and the rate and method of apportionment of the special tax to be levied within Annexation No. 144 of CFD No. 11 to pay for the Services with respect to Annexation No. 144 of CFD No. 11, is on file with the City Clerk of the City of Fresno (City Clerk), and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this Council held a noticed public hearing, as required by City Law and Council Resolution No. 2023-140 concerning the annexation of territory to CFD No. 11; and WHEREAS, at the hearing all interested persons desiring to be heard on the annexation of territory to CFD No. 11, the facilities and services to be provided therein, and the levy of said special tax were heard; and 2 of 6 WHEREAS, at the hearing evidence was presented to this Council on the proposed annexation before it, including a report by the Public Works Director (District Report) as to the Services to be provided through CFD No. 11 and the costs thereof, and a copy of the District Report is on file with the City Clerk; and WHEREAS, pursuant to Government Code Section 53339.6, the City Clerk or designee did not receive written protests with respect to the proposed annexation, the specified types of services to be furnished therein, or the rate and method of apportionment of the special taxes therein, from any of the following: (1) at least 50% of the registered voters or six registered voters, whichever is more, residing within the existing community facilities district; (2) at least 50% of the registered voters or six registered voters, whichever is more, residing within the territory proposed for annexation; (3) owners of at least one-half of the area of land in the territory included in the existing community facilities district and not exempt from the special tax; or (4) owners of at least one-half of the area of land in the territory proposed for annexation and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied upon the territory, if annexed, to pay for the proposed Services (set forth in page A-1 of Exhibit A hereto), has not been eliminated through protest of at least fifty percent (50%) or more of the registered voters residing within the territory proposed for annexation, or through protests of landowners not exempt from the special tax and owning at least one-half (½) of the area of land within the proposed annexation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. Recitals. The foregoing recitals are true and correct. 3 of 6 2. No Majority Protest. The proposed special tax to be levied within the proposed annexation has not been precluded by majority protest pursuant to City Law. 3. Prior Proceedings. The Council duly considered all prior proceedings for the proposed annexation and the levy of the special tax therein, and finds and determines that the proceedings are valid and conform to the requirements of City Law. This Council finds and determines that the proposed annexation conforms to the goals and policies that this Council adopted respecting the formation of CFD No. 11. 4. Boundaries Described. The boundaries of the proposed ann exation, set forth in the map of the area proposed for annexation to CFD No. 11, recorded in the Fresno County Recorder’s Office in Book 46 at page 95 of Maps of Assessment and Community Facilities Districts, are approved, incorporated herein by reference, and shall be the boundaries of the Annexation No. 144. 5. Services. The types of public services proposed to be financed by Annexation No. 144 of CFD No. 11 and pursuant to City Law are those listed as services on page A-1 of Exhibit A in the District Report on file with the City Clerk (Services). A copy of which is attached as Exhibit A and incorporated herein by this reference. 6. Special Taxes. Except to the extent that funds are otherwise available to CFD No. 11 to pay for the Services, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in CFD No. 11, including the territory to be annexed, will be levied annually within CFD No. 11, and collected in the same manner as ordinary ad valorem property taxes or in any other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the real property parcels within the territory of the proposed annexation, in sufficient detail to 4 of 6 allow each landowner within the territory of the proposed annexation to estimate the probable maximum amount such owner must pay, are described in the District Report on file with the City Clerk and attached hereto as Exhibit B and incorporated herein by this reference. 7. Tax Collection Authority. The Public Works Director of the City of Fresno or designee, 2600 Fresno Street, Fresno, California 93721 telephone number (559) 621- 1492 is the officer who will be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and estimating future special tax levies pursuant to City Law. 8. Tax Lien. Upon recordation of a notice of special tax lien, pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non -exempt real property in the proposed annexation area. This lien shall continue in force and effect until the special tax obligation ceases and the lien is canceled in accordance with law or until collection of the tax by the City of Fresno ceases. 9. Appropriations Limit. In accordance with City Law, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the proposed annexation, is hereby preliminarily established at $500,000 and said appropriations limit shall be submitted to the voters of the proposed annexation as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of City Law. 10. Election. Pursuant to the provisions of City Law, the levy of the special tax and the proposition to establish the appropriations limit specified above shall be submitted 5 of 6 to the qualified electors of the proposed annexation at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council. 11. Effective Date. This Resolution shall be effective upon final approval. Attachments: Exhibit A - Description of Services Exhibit B - Rate and Method of Apportionment of Special Tax 6 of 6 * * * * * * * * * * * * * * 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: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT A A-1 City of Fresno Community Facilities District No. 11 Annexation No. 144 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 144 (Final Tract Map No. 6276) 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. 6276, Annexation No. 144 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, entrance median curbs and hardscaping, valley gutters, curb ramps and sidewalks, street name signage, street lighting, and local street paving associated with this subdivision. Such facilities may also include, without limitation. 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 expens es shall be subject to the successful annexation of Annexation No. 144 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 Annexation No. 144 Description of Services to be Financed by Community Facilities District No. 11 for Parc West Drive 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 Parc West Drive 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, mowing, edging, fertilizing, aerating and watering grass areas, 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, major street median hardscaping, entrance median curbs and hardscaping, valley gutters, curb ramps and sidewalks, street name signage, and street lighting. Such facilities may also include, without limitation, all hardscaping and park amenities and structures associated with the 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. 144 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT A A-3 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 B B-1 City of Fresno Community Facilities District No. 11 Annexation No. 144 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. 6276 (83 lots) and Final Tract Map No. 6276’s share of Parc West Drive. Parc West Drive includes a total of 722 lots (counting the 83 from Tract No. 6276). All Final Maps in the Parc West area will share equally the cost of Services for Parc West Drive. The total number of lots within the Parc West area may be subject to change, per the allowable amounts, in accordance with the Subdivision Map Act/Fresno Municipal Code. The costs will be updated with future annexation s, as needed, if the total number of lots is less than or greater than 722. ITEM DESCRIPTION (T-6276) ESTIMATED COST 1 Landscape Operational Costs $28,297.00 2 Other Operational Costs $586.00 3 Reserve for Replacement $24,459.00 4 Incidental Expenses $1,245.00 Total $54,587.00 ITEM DESCRIPTION (Parc West Drive) ESTIMATED COST 1 Landscape Operational Costs $177,273.00 2 Other Operational Costs $2,241.00 3 Reserve for Replacement $189,464.00 4 Incidental Expenses $10,830.00 Total $379,808.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6276 $1,183.73 83 $500,000.00 Essential Housing Asset Management, LLC EXHIBIT B B-2 City of Fresno Community Facilities District No. 11 Annexation No. 144 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 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 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. 6276 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2022-2023)* Final Tract Map Number** Maximum Special Tax 6276 $1,183.73 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. 144 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6276 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, CALLING SPECIAL MAILED- BALLOT ELECTION COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 144 WHEREAS, on May 11, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023-140 to annex Final Tract Map No. 6276 to City of Fresno Community Facilities District No. 11 (CFD No. 11) and to authorize the levy of special taxes; and WHEREAS, Council Resolution No. 2023-140 identified the services to be provided by Annexation No. 144 of CFD No. 11 and provided an estimate of the cost of providing those services; and WHEREAS, Council Resolution No. 2023-140 contemplated the imposing of a special tax upon those properties within Annexation No. 144 of CFD No. 11 receiving said services; and WHEREAS, a report has been filed with the City Clerk of the City of Fresno (City Clerk) that describes the proposed rate and method of apportionment of the special tax among the parcels of real property proposed to be annexed to CFD No. 11 in sufficient detail to allow all interested parties to estimate the maximum amount e ach property owner must pay; and WHEREAS, the levy of said proposed special tax shall be subject to the approval of the qualified electors of the territory proposed to be annexed to CFD No. 11 at a special 2 of 4 election; and WHEREAS, the Public Works Director has filed a Certificate (Certificate) in these proceedings providing that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed for annexation to CFD NO. 11. NOW, THEREFORE, BE IT RESOLVED by the Council as follows: 1. The levy of a special tax proposed in Council Resolution No. 2023-140 shall be submitted to the voters pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law). 2. The setting of the appropriations limit shall be submitted to the voters pursuant to City Law. 3. The two ballot items described above shall be combined into a single ballot measure pursuant to City Law. The ballot language shall be as shown on the ballot form attached as Exhibit A, which is hereby approved. 4. This Council accepts the Certificate of the Public Works Director filed in these proceedings and, based on the Certificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 11. Accordingly, under City Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 11. 5. The Council further finds that the landowners of record owning property within the territory proposed to be annexed to CFD No. 11 are those set forth in the attachment to the Certificate and that the attachment correctly sets forth how much property owned by each landowner and the number of votes to which each is entitled. 6. This Council approves the form, attached as Exhibit B, entitled Waiver and 3 of 4 Consent From Property Owner Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in CFD No. 11, Annexation No. 144, City of Fresno, County of Fresno, State of California. This Council finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under City Law, and that the waiver constitutes a full and knowing waiver by any voter who has executed the form of these rights, proced ures and time periods. 7. Accordingly, this Council calls the special election described herein and sets June 22, 2023 as Election Day. Pursuant to City Law, the election shall be conducted by mailed ballot. 8. The City Clerk or designee is directed to mail or to deliver the ballots, in the form of Exhibit A hereto, to the landowners shown on the attachment to the Certificate . The City Clerk or designee shall fill in the names of the landowners and the number of votes to be cast on each ballot, according to the Certificate, before delivery or mailing. 9. The City Clerk or designee shall accept personal or mail delivery of the ballots at any time up to the hearing on Thursday, June 22, 2023, at 10:00 a.m. Upon receipt of all eligible ballots, however, the City Clerk or designee shall immediately close the election and declare the results to the Council. Attachments: Exhibit A - Special Election Ballot Exhibit B - Waiver and Consent From Sole Property Owner 4 of 4 * * * * * * * * * * * * * * 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: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT A A-1 SPECIAL ELECTION BALLOT (Mailed-Ballot Election) Community Facilities District No. 11 Annexation No. 144 This ballot is for the use of Essential Housing Asset Management, LLC, the landowner owning a portion of land within the boundaries of Final Tract Map No. 6276, Community Facilities District No. 11, Annexation No. 144, City of Fresno, County of Fresno, State of California. According to the provisions of the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the City of Fresno Municipal Code, and the resolutions of the City Council of the City of Fresno, the above -named landowner is entitled to cast nine (9) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on Thursday, June 22, 2023, at 10:00 a.m., to TODD STERMER, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, CA 93721. Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED BALLOT MEASURE Shall the City of Fresno be authorized to levy a special tax, and finance the authorized services, and costs and expenses by and through its Community Facilities District No. 11, Annexation No. 144, all as specified in its Council Resolutions No. 2023-140 and No. ; and shall the appropriations limit for Community Facilities District No. 11 Annexation No. 144 be established in accordance therewith? Number of Votes YES Number of Votes NO EXHIBIT A A-2 CERTIFICATION The undersigned is the authorized representative of the above -named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above - named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________, 2023. Company Name: By: _______________________________ Print Name: _______________________________ Print Title: _______________________________ (Attach Notary Acknowledgment) EXHIBIT B B-1 WAIVER AND CONSENT FROM PROPERTY OWNER SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING MAILED-BALLOT ELECTION Community Facilities District No. 11, Annexation No. 144 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the owner of a portion of the property within the boundaries of Final Tract Map No. 6276 in this mailed-ballot election to be conducted within Community Facilities District No. 11 Annexation No. 144, to determine, among other things, whether the rate and method of apportionment of the annual special taxes shall be approved. The undersigned hereby waives any and all minimum time periods relative to the election pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law). The undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of City Law. The undersigned hereby waives the requirement to publish notice of the election under City Law. The undersigned hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot. The undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in City Law. The undersigned hereby waives any and all defects in notice or procedure in the conduct of the election, whether known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the undersigned. I declare, under penalty of perjury, under the laws of the State of California, that I am the person legally entitled and authorized to cast the ballot as the authorized representative of the landowner set forth in the first paragraph hereof, and to waive and consent to the above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on __________________, 2023 Company Name ______________________________ By: _______________________________ Print Name _______________________________ Print Title _______________________________ (Attach Notary Acknowledgment) 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 144 WHEREAS, on June 22, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023 -______ calling a special mailed-ballot election on levying special taxes on land within, and on approving an annual appropriati ons limit for Annexation No. 144 to Community Facilities District No. 11 (CFD No. 11); and WHEREAS, the Council has received, reviewed and hereby accepts the City of Fresno City Clerk’s (City Clerk) Canvass and Statement of Election Results, dated ________________, 2023, a copy of which is attached as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The Council finds and declares that: (a) the ballot measure on the levy of taxes and approval of an annual appropriations limit for Annexation No. 144, has been submitted to the qualified electors within the area of Annexation No. 144, pursuant to Council Resolution No. 2023 -______, and (b) the ballot measure has been passed and approved by more than two-thirds of the votes cast, in accordance with City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno municipal Code (City Law). 2 of 4 2. The Council declares Annexation No. 144 to be fully formed and the property within Annexation No. 144, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2023 -______, annexing Final Tract Map No. 6276 as Annexation No. 144, and authorizing the levy of a special tax therein, and Council Resolution No. 97-126, approving local goals and policies for Community Facilities Districts, as described in the Community Facilities District Report dated as of May 25, 2023, on file with the City Clerk. 3. The Council directs the City Clerk or designee to record a notice of special tax lien in the Office of the County Recorder, pursuant to City Law, no later than 15 days after this resolution is adopted. Attachment: Exhibit A - Canvass and Statement of Election Results 3 of 4 * * * * * * * * * * * * * * 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: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT A 4 of 4 CANVASS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 11 Annexation No. 144 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. 144, and held on June 22, 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 c ount 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 9 Total Votes Cast “Yes ___ Total Votes Cast “No” ___ Total Votes Cast ___ The Votes cast “Yes” equal ____% of the total votes cast. I make this certification on ____________________, 2023. ATTEST: Todd Stermer, CMC City Clerk By Deputy 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Ordinance No. BILL NO. ________ ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, 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. 144 WHEREAS, on June 22, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023 -______, a resolution of the Council annexing territory to Community Facilities District No. 11 as Annexation No. 144, authorizing the levy of a special tax therein to pay for certain facilities and services for Annexation No. 144, and preliminarily establishing an appropriations limit therefore (Annexation Resolution), pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law); and WHEREAS, by Council Resolution No. 2023 -______, the Council called a special election on the proposition on levying a special tax and establishing an appropriations limit within Annexation No. 144; and WHEREAS, on June 22, 2023, an election was held within Annexation No. 144 and, as required by City Law, the ballot measure was passed and approved by more than two-thirds of the votes cast. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: 1. Pursuant to City Law, and in accordance with the Rate and Method of Apportionment of Special Tax as shown in Exhibit B to the Annexation Resolution, which is attached hereto for reference purposes, a special tax is hereby authorized and levied 2 of 4 on all taxable parcels within Annexation No. 144 for the 2022-2023 fiscal year and for each future fiscal year at the same or at a rate lower than the maximum rate of tax provided in Exhibit B to the Annexation Resolution. The special taxes levied in any fiscal year on any parcel within Annexation No. 144 shall not exceed the maximum special tax specified in Exhibit B of the Annexation Resolution, which is attached hereto for reference purposes. 2. The Public Works Director or designee is authorized and directed, with the aid of the appropriate officers and agents of the City of Fresno (City), to determine each year, the Special Tax Requirement (as that term is defined in Exhibit B of the Annexation Resolution), to prepare the annual special tax roll in the amount of Special Tax Requirement in accordance with said Exhibit B and, without further action of this Council, to provide all necessary and appropriate information to the County of Fresno (County) Auditor in the form, and within the time, necessary to effect the correct and timely billing and collection of the special tax on the secured property tax roll of the County. The special tax shall be levied and collected in the same manner, shall be subject to the same penalties and the same lien priority, and the same procedure and sale for delinque ncy, as for ad valorem taxes. Notwithstanding the foregoing, as set forth in the Annexation Resolution and City Law, this Council reserves the right to use any method of collecting the special tax, which the Council, from time to time, may determine to be in the best interests of the City including, without limitation, direct billing by the City to the property owners and supplemental billing. The Public Works Director or designee is further authorized and directed to furnish the notices of special tax required by Section 53340.2 of the California Government Code. 3 of 4 3. The appropriate officers and agents of the City are further authorized and directed to adjust the special tax roll before the final posting of the special taxes to the County tax roll each fiscal year, as necessary to achieve a correct match of the special tax levy with the county assessor’s parcel numbers finally used by the County in sending out property tax bills. 4. If a court of competent jurisdiction finds any part of this Ordinance to be invalid or the special tax to be inapplicable to or unreasonable for any particular parcel, the balance of this Ordinance and the application of the special tax to the remai ning parcels shall not be affected and shall remain in full force and effect. 5. This Ordinance shall take effect and be in force immediately upon the date of final passage, as a tax measure, pursuant to City Charter, Article VI, Section 610. Attachment: Exhibit B - Rate and Method of Apportionment of Special Tax 4 of 4 * * * * * * * * * * * * * * 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: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT B B-1 City of Fresno Community Facilities District No. 11 Annexation No. 144 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. 6276 (83 lots) and Final Tract Map No. 6276’s share of Parc West Drive. Parc West Drive includes a total of 722 lots (counting the 83 from Tract No. 6276). All Final Maps in the Parc West area will share equally the cost of Services for Parc West Drive. The total number of lots within the Parc West area may be subject to change, per the allowable amounts, in accordance with the Subdivision Map Act/Fresno Municipal Code. The costs will be updated with future annexation s, as needed, if the total number of lots is less than or greater than 722. ITEM DESCRIPTION (T-6276) ESTIMATED COST 1 Landscape Operational Costs $28,297.00 2 Other Operational Costs $586.00 3 Reserve for Replacement $24,459.00 4 Incidental Expenses $1,245.00 Total $54,587.00 ITEM DESCRIPTION (Parc West Drive) ESTIMATED COST 1 Landscape Operational Costs $177,273.00 2 Other Operational Costs $2,241.00 3 Reserve for Replacement $189,464.00 4 Incidental Expenses $10,830.00 Total $379,808.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6276 $1,183.73 83 $500,000.00 Essential Housing Asset Management, LLC EXHIBIT B B-2 City of Fresno Community Facilities District No. 11 Annexation No. 144 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 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 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. 6276 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2022-2023)* Final Tract Map Number** Maximum Special Tax 6276 $1,183.73 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. 144 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6276 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1005 Agenda Date:6/29/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:BRIAN E. RUSSELL, Assistant Director Public Works Department, Streets, Landscape, and Graffiti Divisions YVONNE L. DIAZ, Administrative Manager Public Works Department, Administration Division SUBJECT HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) 1. ***RESOLUTION - Confirming the diagram and assessment and levy of annual assessment, 2023-2024, for Landscaping and Lighting District No. 1 (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends the City Council: 1. Adopt a resolution confirming the diagram and assessment. 2. Levy and collect the annual assessments for Landscaping and Lighting Maintenance District No. 1. EXECUTIVE SUMMARY The Landscaping and Lighting Maintenance Act of 1972 requires an annual hearing and levy of assessments for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (LLMD). The assessment collected ($711,343) will provide for the maintenance of the City required landscaped easements along streets adjacent to the 145 subdivisions within the District. Today’s hearing is to allow opportunity for public comment about the LLMD and for the Council’s approval of the annual assessment. BACKGROUND On March 22, 1983, the Council adopted Resolution 83-93 ordering the formation of Assessment District 89 (District) subsequently renamed LLMD No. 1. The District was formed to recover the City’s costs of maintaining the landscaping within public rights-of-way and easements adjacent to City of Fresno Printed on 7/18/2023Page 1 of 3 powered by Legistar™ 6/29/2023 MA/MK 7-0 R. 2023-202 File #:ID 23-1005 Agenda Date:6/29/2023 Agenda #: City’s costs of maintaining the landscaping within public rights-of-way and easements adjacent to existing and newly developed subdivisions.The District is comprised of 145 subdivisions with 14,870 individual assessments.The staff report includes the enclosed vicinity maps showing the locations of the subdivisions included in the LLMD. The landscaping improvements are maintained from funds derived through assessments levied by the LLMD.These improvements are generally limited to “back-up”and “side-on”treatments primarily on major streets and do not include the maintenance of landscaping in median islands or frontage road islands.The assessments also do not cover the costs to maintain pocket parks,utility easements, trails, bike paths, and greenways. On June 14,2023,the Engineer's Report was filed in the City Clerk's Office and has been available for public review.On May 25,2023,the City Council adopted Resolution No.2023-155 indicating its intention to levy and collect the annual assessments for properties within the District,and set today’s public hearing. The purpose of today's hearing is to allow all property owners affected by the District an opportunity to give public testimony regarding their assessments and for the Council to adopt the Resolution Approving the Engineer's Report and Levying Annual Assessments.At this time,we have received no letters of protest from District property owners. Today’s public hearing has been duly noticed and the attached Resolution has been reviewed and approved as to form by the City Attorney's Office. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act (CEQA)Guidelines Section 15378, this item is not a project and is therefore exempt from CEQA review. 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 The Public Works Department performed the maintenance in the past LLMD fiscal year using only assessment funds collected ($711,343).Approval of the annual levy of the LLMD assessments will provide funding for a continuation of the current service levels within the LLMD subdivisions. In the event the City Council elects not to confirm the assessments for FY 2024,the maintenance effort could be funded using General Fund,Community Sanitation Funds,or a combination thereof. The Council could also choose to terminate the service. Attachment(s): Vicinity Maps Resolution City of Fresno Printed on 7/18/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1005 Agenda Date:6/29/2023 Agenda #: City of Fresno Printed on 7/18/2023Page 3 of 3 powered by Legistar™ 4213 4148 4138 4362 2770 4117 3994 3884 4432 4285 4031 4190 4343 4191 3638 4008 3067 40713710 4104 3966 3439 4173 3542 3729 3656 3983 4631 4421 4534 4377 4142 4090 3364 4664 4573 4380 3261 4510 4125 4034 4356 4127 4537 41123802 4645 3818 3594 4026 3781 4405 4255 4385 3274 3834 3976 4057 4594 4345 4717 4208 4603 3797 4212 4282 3129 4237 3679 4224 9131 4606 3792 3811 4675 4707 3913 4639 3150 4145 4581 3748 3876 3590 4049 4074 4564 4339 3684 4381 4439 3815 4056 4186 4401 4528 3970 3852 3888 4473 3903 3940 3943 3905 4217 4108 3999 4350 4134 3772 4687 4461 4323 3770 4488 8130 3817 4471 4549 4482 3151 4574 4320 4045 8316 4312 4209 4347 4223 4402 4004 3768 3220 3566 3854 4079 4155 3776 4337 9225 9128 9031·|}þ99 ·|}þ41 ·|}þ180 ·|}þ168 ·|}þ41 ·|}þ168 Clovis K:\A_LANDSCAPE\Erika\6_Special_Projects\2020-2021\LLMD_Maps\FY21-22_Cover.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA (MAP 1 OF 5) DOC. NO. _______________________ FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS ______ DAY OF ____________, 2022. ATTEST: TODD STERMER, CMC CITY CLERK OF THE CITY OF FRESNO BY: ____________________________ DEPUTY A RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE LEVY OF ANNUAL ASSESSMENTS AFTER FORMATION OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 WAS ADOPTED BY THE COUNCIL OF THE CITY OF FRESNO BY RESOLUTION NO. 2022- ___ ON _________________, 2022 ATTEST: TODD STERMER, CMC CITY CLERK OF THE CITY OF FRESNO BY: ____________________________ DEPUTY THE ASSESSMENT DIAGRAM OF THE CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1, WAS FILED THIS ______ DAY OF ____________, 2022 AT THE HOUR OF ______ O'CLOCK ___M AT BOOK __, PAGES ________ THROUGH ________ 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: ____________________________ CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 1 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 1 CH. By: SHEETS DATE: BOUNDARY MAP OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 REF. & REV. CITY OF FRESNO ‐ Public Works Department S. MOZIER 5/1/2023 4285 3638 3439 4090 4385 3834 3797 4282 3129 36793811 4675 3150 4074 4339 4381 4473 4217 4350 4488 44714482 4320 4347 4402 3220 4274 ·|}þ99 ·|}þ99 SHAW AVE ASHLAN AVE CLINTON AVE MCKINLEY AVE POLK AVESHIELDS AVE HAYES AVEBRYAN AVEWE B E R A V E DAKOTA AVE CORNELIA AVEBLYTHE AVEHUGHES AVEWEST AVEMARKS AVEBRAWLEY AVEEMERSO N AVE GRANTLAND AVEVALENTINE AVEMARTYAVEGETTYSBURG AVE G O L D E N S T A T E B L V D P ARKWAY DR FELANDAVEEMERSON AVE BRAWLEY AVEG O L D E N S T A T E B L V D SHIELDS AVEVALENTINE AVEMARKS AVEBLYTHEAVEGRANTLAND AVEVALENTINE AVEDAKOTA AVE 99 HWY99 HWYGRANTLAND AVEK:\A_LANDSCAPE\Erika\6_Special_Projects\2020-2021\LLMD_Maps\FY21-22_Sheet_2.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 2 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 2 CH. By: SHEETS DATE: BOUNDARY MAP OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 REF. & REV. CITY OF FRESNO ‐ Public Works Department S. MOZIER 5/1/2023 3542 4377 4057 4717 4606 3748 3590 4056 4401 3852 4209 3940 4224 4079 4155 9225 9128 ·|}þ99 ·|}þ180 ·|}þ41 ·|}þ168 ·|}þ41 ·|}þ41 ·|}þ99 ·|}þ168 OLIVE AVE BELMONT AVE TULARE ST NORTH AVEMAPLE AVEG S T CEDAR AVECLOVIS AVECHESTNUT AVEM S T BUTLER AVE ELM AVEKI N GS C A N YO N R D FOWLER AVEFRESNO STP S T VENTURA ST WILLOW AVEFIRST STPEACH AVEGOL D E N S T A T E B L V D V A N N E S S A V E CHERRY AVEJENSEN AVE EAST AVEB R O A D WA Y R S T ARMSTRONG AVELANE AVE H S T ORANGE AVECALIFORNIA AVEO S TTUOLUMNE STINYO STABBY STMARTIN LUTHER KING JR BLVDCHURCH AVESTANISLAUS STSANPABLOAVEHAMILTON AVE B S T SUNNYSIDE AVEANNADALE AVE BLACKSTONE AVEFIG AVEH A Z E L WOOD B L V D R A I L R O A D A V E MINNEWAWAAVEDIVISADERO ST LO S AN G ELES STPULLMAN AVEDIVISADERO ST EAST AVET U L A R E ST B S T C A L I F O R N I A AVE C A LIFORNIA A V E CEDAR AVECA LIFO RNIA AVE CHURCH AVE PEACH AVECHURCH AVEWILLOW AVEB R O A D WA Y CALIFORNI A A V E ARMSTRONG AVEORANGE AVECHURCH AVE 9 9 HWY 180 FWY 41 HWY1 6 8FWY4 1 H W Y 41 HWY9 9 HWY K:\A_LANDSCAPE\Erika\6_Special_Projects\2020-2021\LLMD_Maps\FY21-22_Sheet_3.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 3 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 3 CH. By: SHEETS DATE: CITY OF FRESNO ‐ Public Works Department REF. & REV. BOUNDARY MAP OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 S. MOZIER 5/1/2023 3994 4213 4148 4138 3884 4031 4343 4173 3729 3983 4631 4421 4534 4142 3364 4664 4573 4380 4474 4356 4127 4537 4255 4345 4208 4707 4145 3876 3684 4300 4439 4186 3888 3903 3943 4108 3999 3772 4687 4323 4574 4229 4004 4251 4269 4312 4337 9031 ·|}þ99 ·|}þ99 WEST AVEMARKS AVESIERRA AVE BULLARD AVE FRUITAVESAN JOSE AVEPOLKAVE BARSTOW AVE G O L D E N S T A T E B LV D D A N TEAVE SPRUCE AVE ALLUVIAL AVE FIG A R D E N D R R I V E R VISTADR MILBURN AVEGATES AVEH AYES AVE S A N TA F E A V E C E C ELI AAVEBRAWLEY AVEESCALON AVE PALO ALTO AVE BRYAN AVEJ E A N N E A V E R I V E R S I D E D R BLYTH E AVECARNEGIE AVESIERRA AVE BRAWLEY AVEB U LL A RD AVE S P RUCE AVE PALO ALTO AVE BARSTOW AVE BLYTHE AVE9 9 H W Y 9 9 H WYVETERANS BLVDK:\A_LANDSCAPE\Erika\6_Special_Projects\2020-2021\LLMD_Maps\FY21-22_Sheet_4.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 4 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 4 CH. By: SHEETS DATE: CITY OF FRESNO ‐ Public Works Department REF. & REV. BOUNDARY MAP OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 S. MOZIER 5/1/2023 2770 4117 3884 4432 4362 4190 4191 4008 3067 40713710 4104 3966 3656 4631 3261 4510 4125 4034 4537 4112 3802 4645 3818 3594 4026 3781 4405 3274 3976 4594 4603 42124335 4237 91313792 3913 4639 4581 4049 4564 4261 3815 4528 3970 4352 3905 4134 3819 4461 3770 4540 8130 3817 4050 4549 4045 8316 3351 4223 4159 3566 4601 3772 3151 3593 3987 3768 3854 4198 3305 3776 8129 3699 3607 ·|}þ41 ·|}þ41 NEES AVE P E R R IN AVE CEDAR AVESHEPHERD AVE TEAGUE AVE FRESNO STMILLBROOK AVEPALMAVEC H A MPL AI ND R ALLUVIAL AVEC OLE AVEINTERNATIONAL AVE INGRAM AVEMAPLE AVES O M M ERVILLE D R CHESTNUTAVEBLACKSTONE AVEWEST AVEBEHYMER AVE FORTWASHINGTONRDGRANVILLE AVELOCUST AVE E LP A S O AVE FRIANTRD ALLUVIAL AVE MAP LE A V ECHESTNUT AVEMILLBROOKAVEALLUVIAL AV E BEHYMER AVE 41 HWY41 HWYWILLOW AVEFRIANTRDClovis K:\A_LANDSCAPE\Erika\6_Special_Projects\2020-2021\LLMD_Maps\FY21-22_Sheet_5.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 5 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 5 CH. By: SHEETS DATE: CITY OF FRESNO ‐ Public Works Department REF. & REV. BOUNDARY MAP OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 S. MOZIER 5/1/2023 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. __________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, CONFIRMING DIAGRAM AND ASSESSMENT AND LEVY OF ANNUAL ASSESSMENT, 2023-2024, FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 WHEREAS, pursuant to Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972 (the “Act”), the Council of the City of Fresno ("Council") adopted a Resolution of Intention to Levy and Collect the Annual Assessment for Landscaping and Lighting Maintenance District No. 1 ("Resolution of Intention"); and WHEREAS, the boundaries of City of Fresno Landscaping and Lighting Maintenance District No. 1 ("LLMD No. 1"), are set forth in the Engineer's Report, dated May 8, 2023, on file with the City Clerk (“Engineer’s Report”); and WHEREAS, the Council approved the Engineer’s Report by adopting the Resolution Initiating Proceedings for the Annual Assessment; and WHEREAS, the territory within LLMD No. 1 will benefit from the maintenance and service of the improvements described in the Engineer's Report; and WHEREAS, in the Resolution of Intention, the Council declared its intention to levy and collect the annual assessment for maintaining and operating the landscaping facilities in City of Fresno Landscaping and Lighting Maintenance District No. 1 ("LLMD No. 1"); and WHEREAS, On June 29, 2023, the Council held a hearing on the annual levy of assessment, in accordance with the law, and all persons desiring to speak were heard; and 2 of 3 WHEREAS, all interested persons had an opportunity before Council concluded the hearing, to file a written protest against the annual assessment levy with the City Clerk. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the Council of the City of Fresno, that: 1. A majority protest has not been filed against the levy of the annual assessment. 2. The assessment diagram in the Engineer's Report that shows the boundaries of the assessment district that is referred to in the Resolution of Intention, and the subdivisions of land within LLMD No. 1, is finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements and maintenance. 3. The total and the individual assessments set forth in the Engineer’s Report and the Resolution of Intention, upon the subdivisions of land within LLMD No. 1, are finally approved and confirmed as the assessment for the fiscal year 2023-2024. 4. The adoption of this resolution shall constitute the levy of the assessment for the fiscal year 2023-2024 that are described in the Resolution of Intention and the Engineer's Report. 5. The City Clerk shall file the diagram and assessment, as confirmed, or a certified copy thereof, with the Auditor of the County of Fresno immediately after adoption and not later than Friday, August 4, 2023. 6. This resolution shall be effective upon final approval. 3 of 3 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, CMC, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 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 APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Heather Thomas Date Deputy City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1028 Agenda Date:6/29/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department THROUGH:SOPHIA PAGOULATOS, Planning Manager Planning and Development Department BY:DREW WILSON, Program Manager PARCS Department SUBJECT Hearing - To consider the adoption of the Central Southeast Area Specific Plan and related Environmental Assessment, State Clearinghouse (SCH No. 2023020138), and related actions: 1. ADOPT the Subsequent Mitigated Negative Declaration, Environmental Assessment No. P22- 00400 dated February 1, 2023 (Exhibit I), prepared pursuant to CEQA Guidelines Section 15162 and 15070 et. Seq. and the Mitigation Monitoring and Reporting Program prepared pursuant to CEQA Guidelines Section 15097. 2. APPROVE Plan Amendment Application P22-00400 which proposes to: a. RESOLUTION - Approving repeal of the Roosevelt Community Plan, pertaining to approximately 15,721 acres (Exhibit N) b. BILL - Approving the repeal of the Butler/Willow Specific Plan, pertaining to approximately 563 acres (Exhibit O) c. RESOLUTION - Approving adoption of the Central Southeast Area Specific Plan and accompanying Planned Land Use Ma (Exhibit P) d. RESOLUTION - Approving adoption of the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan (Exhibit Q) e. BILL - Approving the rezone of approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan (Exhibit R) 3. RESOLUTION - Authorizing the Planning Department Director or her designee to correct any typographical errors and update the text, policies, maps, tables, and exhibits contained in the Central Southeast Area Specific Plan, the Fresno General Plan, and the Development Code to reflect the final action taken by the Council, to the extent that such updates are necessary to City of Fresno Printed on 6/23/2023Page 1 of 12 powered by Legistar™ 6/29/2023 NEW FILE ID 23-1079 MOVED TO JULY 20 File #:ID 23-1028 Agenda Date:6/29/2023 Agenda #: maintain consistency (Exhibit S). RECOMMENDATION 1.ADOPT the Subsequent Mitigated Negative Declaration, Environmental Assessment No. P22- 00400 dated February 1, 2023 (Exhibit I), prepared pursuant to CEQA Guidelines Section 15162 and 15070 et. seq. and the Mitigation Monitoring and Reporting Program prepared pursuant to CEQA Guidelines Section 15097. 2.APPROVE Plan Amendment Application P22-00400 which proposes to: a.RESOLUTION - Approving repeal of the Roosevelt Community Plan, pertaining to approximately 15,721 acres (Exhibit N) b.BILL - Approving the repeal of the Butler/Willow Specific Plan, pertaining to approximately 563 acres (Exhibit O) c.RESOLUTION - Approving adoption of the Central Southeast Area Specific Plan and accompanying Planned Land Use Ma (Exhibit P) d.RESOLUTION - Approving adoption of the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan (Exhibit Q) e.BILL - Approving the rezone of approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan (Exhibit R) 3.RESOLUTION - Authorizing the Planning Department Director or her designee to correct any typographical errors and update the text, policies, maps, tables, and exhibits contained in the Central Southeast Area Specific Plan, the Fresno General Plan, and the Development Code to reflect the final action taken by the Council, to the extent that such updates are necessary to maintain consistency (Exhibit S). EXECUTIVE SUMMARY The proposed project is the adoption of the Central Southeast Area Specific Plan (“Plan”),which includes the repeal of the Roosevelt Community Plan and the Butler/Willow Specific Plan, amendment of the Fresno General Plan,and the rezoning of approximately 136 acres in the Plan Area.This report describes the planning process as well as the key elements of the Plan.The City Council initiated the land use map and guiding principles of the Plan on June 18,2020,and removed some sites from the Plan Area, detailed in City Council Resolution No. 2020-147. BACKGROUND Origins:The need for a Specific Plan for the Central Southeast Area emerged from community members who wanted an actionable plan to address a broad array of neighborhood concerns.The last comprehensive planning effort that had been undertaken in the area prior to the update of the General Plan in 2014 was the Specific Plan for the Butler/Willow Area adopted in 1971,and the Roosevelt Community Plan adopted in 1992.$550,000 in Community Development Block Grant (CDBG)funding was allocated in 2017 to finance the specific plan and a related environmental City of Fresno Printed on 6/23/2023Page 2 of 12 powered by Legistar™ File #:ID 23-1028 Agenda Date:6/29/2023 Agenda #: (CDBG)funding was allocated in 2017 to finance the specific plan and a related environmental assessment.The boundaries of the specific plan area are within city limits since City of Fresno CDBG funds are not allowed to be spent outside city limits (see Vicinity Map in Exhibit A). Specific Plans:The California Government Code Section 65450 defines Specific Plans and sets out the regulations for their use.Specific Plans systematically implement the Fresno General Plan for all or part of the area under its scope in one of three ways:1)by acting as statements of planning policy that refine the Fresno General Plan policies applicable to a defined area;2)by directly regulating land use,or 3)by bringing together detailed policies and regulations into a focused development scheme.The Plan most closely represents 1 and 2,since it includes new planning policy for the area, and it refines land use by amending the planned land use of a small proportion of property in the area and rezoning said property for consistency. Process:The planning process includes the following steps and was expected to be complete 3 years from the beginning of the process in 2017, however due to the COVID pandemic and other factors, the project was delayed. The process is now in Step 8. 1.Project Kick-off and Existing Conditions Report 2.Initial Community Outreach/ Develop “Big Ideas” 3.Selection of Guiding Principles and Priority Goals and Strategies 4.Recommendation of Proposed Land Use Map 5.Plan Initiation through Planning Commission and City Council 6.Completion of Environmental Assessment and Specific Plan 7.Public Review of Draft Specific Plan and Environmental Assessment 8.Adoption The outreach and participation for the planning process was multifaceted and extensive.It included numerous stakeholder interviews,three community workshops,20 mobile workshops,two surveys and nine (Committee)meetings.All Committee meetings were noticed according to the Brown Act. Hard copies of key documents were placed in the libraries and community centers in the Plan Area. The various components of the outreach process are described below: Stakeholder Interviews.The project team held stakeholder interviews on October 10 and 11,2017 with 16 different groups,which included:resident groups,Fresno Unified School District,Southeast Fresno Community Economic Development Association,religious leaders,Fresno Pacific University, community benefit organizations, and other representatives of stakeholder groups. Community Workshops.The initial phase of the planning process included three community workshops,held on June 20,July 17,and October 4,2018.They were attended by approximately 65, 75 and 20 persons,respectively.The tasks at the first workshop were to identify issues and opportunities in the Plan Area,as well as community vision and guiding principles;the second workshop invited residents to comment on “Big Ideas”for the Specific Plan and provide input on the Draft Goals and Strategies of the Plan;and the third workshop invited input on the Draft Goals and Strategies.All of the activities provided guidance to the Committee on the development of the City of Fresno Printed on 6/23/2023Page 3 of 12 powered by Legistar™ File #:ID 23-1028 Agenda Date:6/29/2023 Agenda #: Strategies.All of the activities provided guidance to the Committee on the development of the Guiding Principles and Proposed Land Use Map (See pages 8-10 and page 36 in Exhibit C,Central Southeast Specific Plan Initiation Report). Mobile Workshops.The project team developed an outreach process designed to overcome common barriers of public participation.Outreach efforts were integrated into established and ongoing community meetings and events.City staff brought mobile workshops to over 20 community group meetings in and near the project area, receiving input from residents. Surveys.Three surveys have been produced and distributed to residents,business owners,and other interested parties.The first survey was aimed at getting an understanding of the community’s view of the project area as well as identifying key issues and desires of the community;the second survey allowed residents to identify where they would like to see more park space;and the third survey was intended to get an initial ranking of the Plan’s goals and strategies.Approximately 255, 175,and 145 individuals responded to the survey,respectively.The results of the survey were shared with the community and the Committee. Steering Committee Meetings.A 15-member steering committee (Committee)made up of neighborhood residents,business owners,and other stakeholders was appointed by Councilmember Chavez.Represented on the committee were community organizations such as Habitat for Humanity, Leadership Counsel for Justice and Accountability,the Fresno Fair,the Fresno Center,Reading and Beyond,Neighborhood Church,and the Southeast Fresno Community Economic Development Association.The Committee’s task was to translate community input into the development of the Proposed Land Use Map and Guiding Principles.The Committee had a series of meetings on Plan- related topics and provided input to the project team.The meetings on Land Use and Goals and Strategies were structured to incorporate community input as decisions were made. Public Review Draft: There were several opportunities for community involvement that followed the release of the Public Review Draft. This included workshops to share key elements of the Plan and to solicit feedback from residents and stakeholders. It should be noted that the COVID-19 pandemic overlapped with this phase, therefore engagement occurred through written communication and online meetings. o 6 topic-based Community Conversations were held in partnership with the West Area Neighborhoods Specific Plan o Several committee meetings announcing the Public Review Draft to various bodies such as the Bicycle Pedestrian Advisory Commission, Fresno Youth Commission, Council District Project Review Committees, etc. Social media was used to share updates and announcements throughout the planning process via the City of Fresno Facebook and Twitter accounts.One radio announcement was made on Punjabi Radio USA to share information about the release of the Draft Specific Plan and the topic-based Community Conversations series. Plan documents were featured on a special webpage created for the project ( www.fresno.gov/CentralSoutheastPlan <http://www.fresno.gov/CentralSoutheastPlan> ) and hard copies were placed in the Central Branch Fresno Library and the Mosqueda branch library in the Plan Area. City of Fresno Printed on 6/23/2023Page 4 of 12 powered by Legistar™ File #:ID 23-1028 Agenda Date:6/29/2023 Agenda #: A project liaison was dedicated to answer questions about the Plan and communication materials were routinely provided in English, Spanish, Punjabi, and Hmong. Plan Initiation:After working with the community and stakeholders to develop guiding principles,big ideas,and a proposed land use map,the plan was initiated by the City Council on June 18,2020.As part of the Council motion,the following sites were removed from the project boundary and directed to be incorporated into the boundary of the South Central Specific Plan per Council Resolution No. 2020-147:48005006,48005026S,48005008S,48005009,48005025U,48005003,48005010S, 48005011S,48005012S,48005023U,48005017,48005016,48007053,48007065S,48011014, 48011029S,48011022,48011041S,and 48011042S;and 48006012,48006017S,48006015, 48006003,48001031U,48007051U and 48006002U which were removed from the project boundary through a Director Memo dated May 25,2023.Maps showing the initial plan boundary and the modified plan boundary after removal of these sites are included in Exhibit A. Plan Features: Plan Area.The Specific Plan Area is approximately 2,000 acres just east and southeast of Downtown Fresno and is bounded by Belmont Avenue to the north,Fourth Avenue to the west, Church Avenue to the south,and Peach Avenue to the east.Additionally,the Specific Plan Area is located within the Roosevelt Community Plan area and overlaps a portion of the Butler/Willow Specific Plan area. Relationship to Other Plans. The Central Southeast Specific Plan relates to other Fresno land use plans as follows: Specific Plan for the Butler/Willow Area.The Specific Plan for the Butler/Willow (SPBW)Area was adopted June 15,1971,and was intended primarily to provide a detailed plan for zoning and circulation of the 564-acre area surrounding the Internal Revenue Service Center.The Central Southeast Specific Plan would replace the SPBW but would carry forward any relevant policies. Roosevelt Community Plan.The Roosevelt Community Plan (RCP)was adopted on April 7,1992, and its primary purpose was to address issues and concerns affecting the community as it was experiencing growth.The RCP intended to anticipate the community’s needs and to stimulate the development of well-balanced quality neighborhoods.The Central Southeast Specific Plan would repeal the RCP to avoid overlap and confusion but would carry forward any relevant policies. General Plan.The General Plan,adopted on December 18,2014,created policies and implementation strategies to achieve a long-term vision which emphasizes infill development, complete neighborhoods,and multi-modal transportation.The Central Southeast Specific Plan utilizes the General Plan as its foundation and provides a more defined vision for the Central Southeast Area. Downtown Neighborhoods Community Plan.This plan was adopted on October 20,2016,and abuts the Plan Area to the northwest, but does not overlap it. Active Transportation Plan.The Active Transportation Plan (ATP)was adopted on March 2,2017, and serves as the city’s comprehensive guide for active transportation.The ATP envisions a complete,safe,and comfortable network of trails,sidewalks,and bikeways that serve as a means for people to safely get to their destinations while reducing roadway congestion and vehicle milesCity of Fresno Printed on 6/23/2023Page 5 of 12 powered by Legistar™ File #:ID 23-1028 Agenda Date:6/29/2023 Agenda #: for people to safely get to their destinations while reducing roadway congestion and vehicle miles travelled and improving the air quality.The population of the Plan Area utilizes several modes of transportation,and the Plan expands on the ATP’s vision of walking and biking in the Central Southeast Area. Parks Master Plan.The Parks Master Plan (PMP)was adopted on December 14,2017,and serves as a community-based vision and road map for planning a complete and functional park system.It examined the General Plan’s goals for park land and determined the amount of acreage needed for the city’s existing and future population.The Plan builds on the PMP by including recommendations on locations for future parks and schools for joint-use agreements. Vision Statement and Guiding Principles.The Vision Statement and Guiding Principles of the Plan were created in conjunction with the Committee (see page 24 of the Plan)and provided the foundation for all elements of the Plan. Big Ideas:The project team conducted a four-day charrette with the Committee and community members to brainstorm strategies that would stimulate positive change in Plan Area.That session helped identify key opportunity or “change”areas and accompanying design concepts that would implement the Specific Plan’s overarching vision and Guiding Principles.These land use concepts,which became known as the “Big Ideas”,were presented at a committee meeting,a community workshop,and several mobile workshops,and further refined based on community feedback.The eight Big Ideas built upon the Vision Statement and Guiding Principles and were used to create key Goals and Strategies for Land Use and Design,Transportation,Public Realm, and Infrastructure. Land Use.Using the Big Ideas and Goals and Strategies approved by the Committee as a basis, a land use map was developed.Proposed changes affect less than 10%of the total Plan Area. These changes were considered and voted on by the Committee at public meetings held on July 30 and August 13, 2019, using a voting rule of a 75% majority. Implementation.The Specific Plan articulates the community’s vision and creates an action-driven framework to transform Plan into a safe,livable,and prosperous community over the next 20 to 30 years.The Next Steps &Funding Chapter (8)outlines how to leverage existing resources, identifies collaborators,new funding sources,mechanisms,and innovative partnerships.The chapter outlines the community’s priorities,next steps,and potential funding and financing strategies to implement the Plan’s recommended improvements and programs. Public Comment on the Plan April 2021 Public Draft.The public draft of the Plan was released on April 8,2021,for a 90-day public comment period closing on July 8,2021.Four comment submissions were received,with a total of 54 discrete comments.Staff reviewed each submission,summarized the discrete comments,and provided responses to each comment.These comments and responses are recorded in the Comment Summary Matrix (see Exhibit F). Redline Summary.All changes made to the Public Draft are recorded in the Redline Summary document (see Exhibit G). Fresno General Plan Consistency The Government Code requires consistency between a General Plan and a Specific Plan.SinceCity of Fresno Printed on 6/23/2023Page 6 of 12 powered by Legistar™ File #:ID 23-1028 Agenda Date:6/29/2023 Agenda #: The Government Code requires consistency between a General Plan and a Specific Plan.Since the Specific Plan contains proposed land uses that are different than those on the Fresno General Plan Land Use Map (Figure LU-1)for approximately 7 percent of the Plan Area,a Fresno General Plan Amendment is proposed to ensure land use consistency between both plans.In terms of policy,the Central Southeast Specific Plan is a refinement of the Fresno General Plan that includes goals and strategies that reflect the needs and desires of residents and stakeholders. These goals and strategies are found to be consistent with those of the Fresno General Plan. Consistency with key Elements is discussed below. Economic Development.This General Plan Element focuses on a balanced economic strategy for the city.The Specific Plan can be found to be consistent with,and help implement,the following Objectives: -Objective ED-1: Support economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses. -Objective ED-2: Support local business start-ups and encourage innovation by improving access to resources and capital and help overcome obstacles hampering economic development. -Objective ED-3: Attract and recruit businesses and offer incentives for economic development. -Objective ED-4: Cultivate a skilled, educated, and well-trained workforce by increasing educational attainment and the relevant job skill levels in order to appeal to local and non- local businesses. The Specific Plan seeks to increase the development of local uses that will help residents meet their daily needs.This includes local-serving retail and healthcare options (see ED-1,ED-2,PH-1, and PH-2 and related Strategies). Urban Form, Land Use, and Design. This General Plan Element envisions the Specific Plan Area to develop with Complete Neighborhoods that are integrated via multimodal infrastructure and transit.Complete Neighborhoods are a core value and goal of the Fresno General Plan,and this is carried into the Specific Plan as well. -Objective UF-1:Emphasize the opportunity for a diversity of districts,neighborhoods, and housing types. -Objective UF-2:Enhance the unique sense of character and identity of the different subareas of the Downtown neighborhoods. -Objective UF-14:Create an urban form that facilitates multi-modal connectivity. -Objective LU-7:Plan and support industrial development to promote job growth. -Objective LU-8:Provide for the development of civic and institutional land uses to meet the educational, medical, social, economic, cultural, and religious needs of the community. The Specific Plan aligns future land uses and the built environment to the needs of the community.The proposed land use and design recommendations in the Specific Plan aim to expand opportunities for a variety of housing types that accommodate residents of all income City of Fresno Printed on 6/23/2023Page 7 of 12 powered by Legistar™ File #:ID 23-1028 Agenda Date:6/29/2023 Agenda #: expand opportunities for a variety of housing types that accommodate residents of all income groups,ages,and at different stages of their lives (see LU-1,LU-3,LU-4,LU-6,LU-7,LU-9,and related Strategies).It looks to provide spaces for businesses to grow through a variety of development types to create vibrant centers of commercial and community activity connected to the neighborhoods and downtown (see LU-1,LU-2,LU-3,LU-5,and related Strategies).New mixed-use development is envisioned on most opportunity sites in the Plan Area,accented by new connections,improved public spaces,and enhanced streetscapes (see LU-1,LU-2,LU-8,LU -9, and related Strategies). Mobility and Transportation.This General Plan Element envisions a multi-modal transportation system and complete streets that serve all city residents.The Specific Plan maintains this vision where a top priority is roadway improvement (including sidewalk, curb, gutter, and bike lanes). -Objective MT-1:Create and maintain a transportation system that is safe,efficient, provides access in an equitable manner, and optimizes travel by all modes. -Objective MT-2:Make efficient use of the City’s existing and proposed transportation system and strive to ensure the planning and provision of adequate resources to operate and maintain it. -Objective MT-4:Establish and maintain a continuous,safe,and easily accessible bikeways system throughout the metropolitan area to reduce vehicle use,improve air quality and the quality of life, and provide public health benefits. -Objective MT-5:Establish a well-integrated network of pedestrian facilities to accommodate safe,convenient,practical,and inviting travel by walking,including for those with physical mobility and vision impairments. -Objective MT-6:Establish a network of multi-purpose pedestrian and bicycle paths,as well as limited access trails,to link residential areas to local and regional open spaces and recreation areas and urban Activity Centers in order to enhance Fresno’s recreational amenities and alternative transportation options. -Objective MT-9:Provide public transit opportunities to the maximum number and diversity of people practicable in balance with providing service that is high in quality, convenient, frequent, reliable, cost effective, and financially feasible. Throughout the planning process, it became clear that safe, convenient access to transit, cycling and walking were a high priority for the community. The Central Southeast neighborhood has five arterials and a network of wide collector streets that present obstacles to walking and biking (see T-1, T-2, T-3, T-4, T-5, T-6, T-7, T-9, and related Strategies). Parks, Open Space and Schools. This General Plan Element contains standards for acres of parkland per population and contains policies that support urban greening and walkable access to parks. -Objective POSS-1:Provide an expanded, high quality and diversified park system, allowing for varied recreational opportunities for the entire Fresno community. -Objective POSS-2:Ensure that adequate land, in appropriate locations, is designated and acquired for park and recreation uses in infill and growth areas. -Objective POSS-3:Ensure that park and recreational facilities make the most efficient use of land; that they are designed and managed to provide for the entire Fresno community; and that they represent positive examples of design and energy conservation. City of Fresno Printed on 6/23/2023Page 8 of 12 powered by Legistar™ File #:ID 23-1028 Agenda Date:6/29/2023 Agenda #: -Objective POSS-9:Work with California State University, Fresno, and other institutions of higher learning in Fresno, to enhance the City’s workforce, job creation, and economic development, as well as its image and desirability as a place to live. Parks and open spaces play a critical role in the sustainability and health of the community by providing a focal point for community activities, recreation, and social interaction. Throughout the planning process, it became clear that access to quality parks, open spaces, and recreational amenities are a top priority for the community. While existing parks in the Plan Area are well-used and cherished, new parks and open space are needed to meet the goal of ensuring that every resident is within walking distance of a park. The Plan analyzes parks in the Plan Area with the same standards as the Fresno General Plan and includes policies to address the need (see P-1 and P-3 and related Strategies). Healthy Communities. This General Plan Element focuses on the relationships between the built, natural, and social environments and community health and wellness outcomes, such as death, chronic disease, and the effects of drug abuse and crime. -Objective HC-2:Create complete, well-structured, and healthy neighborhoods and transportation systems. -Objective HC-3:Create healthy, safe, and affordable housing. -Objective HC-4:Improve property maintenance. -Objective HC-5:Promote access to healthy and affordable food. -Objective HC-6:Improve access to schools and their facilities for the community. A core value of the Specific Plan is to create Complete Neighborhoods, with access to daily needs such as healthy groceries, parks, and efficient and active transportation systems- all within one’s own neighborhood (see LU-1, LU-2, LU-3, LU-5, ED-2, PH-1, PH-2, PH-3, E-1, CE-1, and related Strategies). The Plan also calls for the development of a variety of housing types that accommodate residents of all income groups, ages, and at different stages of their lives (see LU- 1, LU-3, LU-4, LU-6, LU-7, LU-9, and related Strategies). Housing Element. This General Plan Element includes objectives, policies, and programs to provide safe and affordable housing for all segments of the community. -Objective H-1:Provide adequate sites for housing development to accommodate a range of housing by type, size, location, price, and tenure. The Specific Plan also calls for the development of a variety of housing types that accommodate residents of all income groups, ages, and at different stages of their lives (see LU-1, LU-3, LU-4, LU-6, LU-7, LU-9, and related Strategies). In addition to Fresno General Plan consistency, the Government Code requires that findings be made for any proposed land use changes on housing element sites. Specifically, Section 65863 (b) of the Government Code states that no city shall reduce or permit the reduction of the residential density for any parcel at a lower residential density, unless it can make written findings that both of the following are true: 1.The reduction is consistent with the adopted Fresno General Plan; and 2.The remaining sites identified in the housing element are adequate to accommodate City of Fresno Printed on 6/23/2023Page 9 of 12 powered by Legistar™ File #:ID 23-1028 Agenda Date:6/29/2023 Agenda #: the jurisdiction’s share of the regional housing need allocation (RHNA). The proposed changes on housing element sites are consistent with the Fresno General Plan because the adoption of the Plan also includes a Fresno General Plan Amendment to align planned land uses and make them consistent. In addition, the Plan is consistent with Fresno General Plan and Housing Element goals, policies and objectives as noted above. The net overall change in housing capacity results in a capacity loss in the 16-30 dwelling units per acre (du/ac) very low/low-income category of 22 units; a net capacity gain in the 12-16 du/ac moderate income category of 214 units, and a capacity loss of 89 units in the 0-12 du/ac above moderate-income category. In the 16-30 du/ac category, the Housing Element Sites Inventory includes 6,340 dwelling units of excess capacity beyond the Regional Housing Needs Allocation (RHNA) of 8,834 dwelling units. The reduction of the 16-30 du/ac category results in remaining capacity of 6,318 dwelling units which exceeds the RHNA amount. Therefore, both findings above can be made (see Exhibit K). Housing Crisis Act of 2019 (SB 330) Senate Bill (“SB”) 330, also known as the Housing Crisis Act of 2019 is a housing-related bill that went into effect on January 1, 2020, and will remain in effect through January 1, 2030. One of the applicable provisions of this legislation, as it relates to Plan Amendments and Rezoning, includes limitations wherein an affected City (which includes the City of Fresno) cannot change land use or zoning designations, nor alter the intensity of existing land use designations or zone districts, in a manner that reduces housing capacity below the capacity that was available on January 1, 2018; unless there is a concurrent increase of capacity elsewhere within the city (i.e. corresponding up- zone) that ensures there is no net loss of housing capacity. The land use changes proposed by the Plan would result in a housing capacity increase of 2,316 housing units. Council District Project Review Committees The Plan Area includes Council Districts 5 and 7. The Plan was presented to the Project Review Committee of District 5, but not District 7 due to no active committee. The Council District 5 Project Review Committee reviewed the Plan on June 12, 2023, and voted (yes: 3 | no: 0 | abstain: 0 | absent: 1) to recommend approval of the project. Planning Commission:At a special meeting on May 31, 2023, the Planning Commission voted (yes: 5 | no: 0 | abstain: 0 | absent: 2) to recommend approval of the Plan. See Exhibit M for the Planning Commission Resolutions. Airport Land Use Commission. The Plan was considered by the Airport Land Use Commission at its regularly scheduled meeting on June 5, 2023. After deliberations, the ALUC found the project consistent with the Airport Land Use Consistency Plan by a unanimous vote. Notice of City Council Hearing The City Council hearing was noticed in the Fresno Bee pursuant to Section 15-5007-d of the Fresno Municipal Code (see Exhibit L). Courtesy notices were mailed to residents and property owners with proposed or requested land use changes. ENVIRONMENTAL FINDINGS The environmental analysis contained in the Initial Study and Mitigated Negative Declaration No.P22City of Fresno Printed on 6/23/2023Page 10 of 12 powered by Legistar™ File #:ID 23-1028 Agenda Date:6/29/2023 Agenda #: The environmental analysis contained in the Initial Study and Mitigated Negative Declaration No.P22 -00400 (Exhibit I)is tiered from Program Environmental Impact Report (EIR)SCH No.2019050005 prepared for the Fresno General Plan Update (PEIR),certified in 2021.The Project has been determined to be a subsequent project that is not fully within the scope of PEIR SCH No. 2019050005 prepared for the Fresno General Plan. Pursuant to Public Resources Code Section 21094 and California Environmental Quality Act (CEQA) Guidelines Section 15168(d),this Project has been evaluated with respect to each item on the attached environmental checklist to determine whether this project may cause any additional significant effect on the environment which was not previously examined in the PEIR. This completed environmental impact checklist form and its associated narrative reflect applicable comments of responsible and trustee agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment.The information contained in the Project application and its related environmental assessment application,responses to requests for comment,checklist,initial study narrative,and any attachments thereto,combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the CEQA. All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment.It has been determined that the incremental effect contributed by this Project toward cumulative impacts is not considered substantial or significant in itself,and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures. Based upon the evaluation guided by the environmental checklist form,it was determined that there are no foreseeable substantial impacts from the Project that are additional to those identified in the Fresno General Plan PEIR.The completed environmental checklist form indicates whether an impact is potentially significant, less than significant with mitigation, less than significant, or no impact. The Initial Study has concluded that the Project will not result in any adverse effects which fall within the "Mandatory Findings of Significance"contained in Section 15065 of the CEQA Guidelines.The finding is,therefore,made that the Project will not have a significant adverse effect on the environment. The Environmental Assessment was released on February 3,2023,for a 30-day public comment period closing on March 6,2023,and then extended to conclude on April 21,2023.Four comment submissions were received.The comments focused on the need for future projects to identify potential contamination on sites in the Plan Area;water runoff capacity for new development in the Plan Area; and clarification Public Comment Period timing. LOCAL PREFERENCE N/A - No purchasing FISCAL IMPACT N/A - No expenditures City of Fresno Printed on 6/23/2023Page 11 of 12 powered by Legistar™ File #:ID 23-1028 Agenda Date:6/29/2023 Agenda #: ATTACHMENTS: Exhibit A -Vicinity Map and Plan Boundaries Exhibit B -Maps of the Roosevelt Community Plan Area & Butler/Willow Specific Plan Area Exhibit C -Proposed Planned Land Use Map Exhibit D -Proposed Changes to General Plan Planned Land Use Map Exhibit E -Proposed Changes to the Zoning Map Exhibit F -Central Southeast Area Specific Plan Public Review Draft Exhibit G -Central Southeast Area Specific Plan Redline Draft Exhibit H -Comment Summary Matrix & Comment Letters Exhibit I -Environmental Assessment Comment Letters Exhibit J -Fresno Municipal Code Findings Exhibit K -Housing Element Findings Exhibit L -Fresno Bee Notice Exhibit M -Planning Commission Resolutions Exhibit N -Resolution Approving Plan Amendment (Repeal) Exhibit O -Ordinance Approving Repeal Exhibit P-Resolution Approving Plan Amendment (adopt) Exhibit Q -Resolution Approving Plan Amendment (amend) Exhibit R -Ordinance Approving Rezone Exhibit S -Resolution Authorizing Planning & Development Director to Make Updates Exhibit T -Presentation City of Fresno Printed on 6/23/2023Page 12 of 12 powered by Legistar™ Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfHighlandMcCallShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Malaga HighlandDe WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDa kota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaCentral OrangeBryanSunnysideArmstrongLocanLeonardThompsonFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanThompsonLeonardClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague 1 Central Southeast Specific Plan Area K:\GIS 2023\Internal Request\forDrewW\Planning Commisions maps 05252023\CSESP_vicinitymap.mxd0 2 41 Miles S a n Joaquin River Prepa red by the Planning and D eve lopment Depa rtment Disclaimer:This map is believed to be an accurate representation of the City of Fresno GIS data, however we make no warra nties eith er expressed or implied for co rrectness of this data. Legend Central Southeast Specific Plan City limits Sphere of Influence |þ99 |þ41 |þ168 |þ180 |þ99 |þ41 |þ180 ®® PROJECT LOGO OPTIONS COLOR PALETTE BODY TEXT POSSIBLE TAGLINES TYPOGRAPHY R: 47 G: 122 B: 163 R: 234 G: 83 B: 19 R: 31 G: 187 B: 177 R: 116 G: 28 B: 89 R: 253 G: 181 B: 24 R: 255 G: 255 B: 255 Liqui atat quo explibus. Explab ideliquae commolu ptatur? Tatur, quunt aturit alibea non nes nobitat. Labo. Itatati dit aribus andit hillitasi optatus eatiatiate porepelitio. Ucipitiunda eosanda ndelis inihici vent laut a cullum experrovid etur acepelibus, et faccum facerna tibus. aribus andit hillitasi optatus eatiatiate porepelitio. Ucipitiunda eosanda ndelis inihici vent laut a cullum experrovid etur acepelibus, et faccum facerna tibus. hillitasi optatus eatiatiate porepelitio. Ucipitiunda eosanda ndelis inihici vent laut a cullum experrovid etur acepelibus, et faccum facerna tibus. Open Spans Light 11 pt Museo Sans 700 26 pt Fresno Central Southeast Area Specific Plan Reinvent Central Southwest Central Southwest Refresh Remake Central Southwest Reimagine Central Southwest Museo Sans 500 18 pt Museo Sans 500 12 pt Header 1 Transit Header 2 Header 3 BRANDING SHEET Download fonts here: R: 109 G: 110 B: 113 Tulare St Belmont Ave H a z el w o o d B l v d Chestnut AveWillow AveCedar AveButler AveFirstSt Church AveMaple AveOrange AveKings Canyon RdVentura St Willow AvePeach AvePeachAveCalifornia Ave Lane Ave Winery AveEast AveGol d e n S t a t e B l v d Jensen Ave ¯0 0.25 0.50.125 Miles Fresno Pacific University MOSQUEDA CENTER Vang Pao Elementary Sequoia Middle Terronez Middle Balderas Elementary Lane Elementary Cambridge High Saint Helen’s Greenberg Elementary Figure 4- Central Southeast Specific Plan Current Land Use Map Central Southeast Specific Plan Initiation Map Legend Central Southeast Plan Boundary Proposed Land Use Change Areas Land Use Designations Business Park Community Commercial General Commercial Office Corridor - Center Mixed Use Light Industrial Heavy Industrial Neighborhood Mixed-Use Open Space Park Public Facility Residential - Low Density Residential - Medium Low Density Residential - Medium Density Residential - Medium High Density Residential - Urban Neighborhood Tulare St Belmont Ave H a z el w o o d B l v d Chestnut AveWillow AveCedar AveButler AveFirstSt Church Ave Jensen Av e Maple AveOrange AveKings Canyon RdVentura St Willow AvePeach AveCalifornia Ave Lane Ave Winery AveEast AveG o l d e n S t a t e B l v d Central Southeast Fresno Specific Plan 0.25 0.50.125 Miles¯0 Legend CSESP Boundary Land Use Change Area Commercial - Community Commercial - General Employment - Office Mixed Use - Corridor Center Employment - Heavy Industrial Employment - Light Industrial Mixed-Use - Neighborhood Open Space Park Public Facility Railroad Residential - Low Density Residential - Medium Density Residential - Medium High Density Residential - Medium Low Density Residential - Urban Neighborhood Land Use Designations Post Initiation Map Proposed Land Use Changes outside of Plan Area to be considered in the South Central Specific Plan FAIRGROUNDS IRS FACILITY Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfHighlandMcCallShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Malaga HighlandDe WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDa kota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaCentral OrangeBryanSunnysideArmstrongLocanLeonardThompsonFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanThompsonLeonardClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague 1 Roosevelt Communit y Plan Area K:\GIS 2023\Internal Request\forDrewW\Planning Commisions maps 05252023\Roosevelt_vicinitymap.mxd0 2 41 Miles S a n Joaquin River Prepa red by the Planning and D eve lopment Depa rtment Disclaimer:This map is believed to be an accurate representation of the City of Fresno GIS data, however we make no warra nties eith er expressed or implied for co rrectness of this data. Legend Roosevelt Community Plan City limits Sphere of Influence |þ99 |þ41 |þ168 |þ180 |þ99 |þ41 |þ180 ®® Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfHighlandMcCallShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Malaga HighlandDe WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDa kota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaCentral OrangeBryanSunnysideArmstrongLocanLeonardThompsonFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanThompsonLeonardClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague 1 Butler/Willow Specific Plan Area K:\GIS 2023\Internal Request\forDrewW\Planning Commisions maps 05252023\ButlerWillow_vicinitymap.mxd0 2 41 Miles S a n Joaquin River Prepa red by the Planning and D eve lopment Depa rtment Disclaimer:This map is believed to be an accurate representation of the City of Fresno GIS data, however we make no warra nties eith er expressed or implied for co rrectness of this data. Legend Butler/Willow Spe cific Plan City limits Sphere of Influence |þ99 |þ41 |þ168 |þ180 |þ99 |þ41 |þ180 ®® Tulare St Belmont Ave H a z el w o o d B l v d Chestnut AveWillow AveCedar AveButler AveFirstSt Church Ave Jensen Av e Maple AveOrange AveKings Canyon RdVentura St Willow AvePeach AveCalifornia Ave Lane Ave Winery AveEast AveG o l d e n S t a t e B l v d Central Southeast Fresno Specific Plan 0.25 0.50.125 Miles¯0 Legend CSESP Boundary Land Use Change Area Commercial - Community Commercial - General Employment - Office Mixed Use - Corridor Center Employment - Heavy Industrial Employment - Light Industrial Mixed-Use - Neighborhood Open Space Park Public Facility Railroad Residential - Low Density Residential - Medium Density Residential - Medium High Density Residential - Medium Low Density Residential - Urban Neighborhood Land Use Designations Proposed Planned Land Use Map Proposed Land Use Changes outside of Plan Area to be considered in the South Central Specific Plan FAIRGROUNDS IRS FACILITY California Ave Willow AveOrange AveMaple AvePeach AveChestnut AvePullman AveHuntington Blvd Lane Ave Butler Ave Cedar AveBelmont Ave Tulare St Jensen Church Ave Sunland Ave Proposed Land U se Changes in the Central Southeast Area Specific Plan Area K:\GIS 2023\Internal Request\forDrewW\Planning Commisions maps 05252023\CSESP_PLUchanges.mxd0 0.25 0.50.125 Miles Prepa red by the Planning and D eve lopment Depa rtmentDisclaimer:This map is believed to be an accurate representationof the City of Fresno GIS data, however we make no warra nties eith er expressed or implied for co rrectness of this data. Legend Proposed Land Use Changes Commercial – Community Corridor - Center Mixed Use Residential - Medium Density Residential - Medium High Density Urb an Ne ighborhoo d Gene ral Plan - Planned Land Use RESIDENTIAL Low De nsity (1-3.5 D.U./acre) Medium Low Density (3.5-6 D.U./acre) Medium Density (5.0-12 D.U./a cre) Medium High Density (12 -1 6 D.U./acre) COMMERCIAL Community General EMPLOYMENT Office Light Industrial Heavy Industria l MIXED USE Neighborho od Mixed Use Corridor/Ce nter Mixe d Use OPEN SPACE Community Park Neighborho od Park Open Space Pon ding Ba sin Pon ding Ba sin (Park use) PUBLIC FACILITIES Public/Quasi-public Facility Special School Elemen tary School Middle Schoo l College Fairgroun ds Fire Station PG & E Substation Central Southeast Specific Plan City lim its .. California Ave Willow AveOrange AveMaple AvePeach AveChestnut AvePullman AveHuntington Blvd Lane Ave Butler Ave Cedar AveBelmont Ave Tulare St Jensen Church Ave S u nla n d A v e Proposed Zoning C han ges in theCentral Southeast Area Specific Plan Area K:\GIS 2023\Internal Request\forDrewW\Planning Commisions maps 05252023\CSESP_Zoningchanges.mxd0 0.25 0.50.125 Miles Prepa red by the Planning and D eve lopment Depa rtment Disclaimer:This map is believed to be an accurate representation of the City of Fresno GIS data, however we make no warra nties eith er expressed or implied for co rrectness of this data. Legend Proposed Zoning Changes Base Districts RS-5 - Residential Single-Family, Medium Density RM-1 - Resid ential Multi-Family, Medium High Density RM-2 - Resid ential Multi-Family, Urban Neighborhood CMX - Corridor/Center Mixed Use CC - Commercial Community Zoning Districts Base Districts RS-3 - Residential Single-Family, Low Density RS-4 - Residential Single-Family, Me dium Lo w Density RS-5 - Residential Single-Family, Me dium Den sity RM-MH - Mo bile Home Park RM-1 - Resid ential Multi-Family, Medium High Density NMX - Neig hborhood Mixed Use CMX - Corridor/Center Mixed Use CC - Commercial Community CG - Comme rcia l General O - Office IL - Light Industrial OS - Open Space PR - Park a nd Re creation PI - Public and Institu tio nal Central Southeast Specific Plan City lim its .. SPECIFIC PLAN Public Draft | April 2021 City of Fresno central southeast area table of contents 1. introduction 1 1.1 Introduction and Purpose 3 1.2 The Plan Area 3 1.3 What is a Specific Plan? 6 1.4 Existing Plans and Programs 7 1.5 Community Engagement Process 14 1.6 Document Structure 17 2. vision & goals 21 2.1 Vision 23 2.2 Guiding Principles 24 2.3 The Big Ideas 28 3. land use and urban design 31 3.1 Introduction 33 3.2 Existing Conditions 33 3.3 Issues and Opportunities 38 3.4 Land Use Plan 40 3.5 Goals and Strategies 48 4. transportation, public realm, & infrastructure 85 4.1 Introduction 87 4.2 Existing Conditions 87 4.3 Issues and Opportunities 96 4.4 Proposed Circulation Networks 98 4.5 Goals and Strategies 104 5. parks & open space 127 5.1 Introduction 129 5.2 Existing Conditions 129 5.3 Issues and Opportunities 132 5.4 Proposed Open Space Network 134 5.5 Goals and Strategies 136 6. economic development 145 6.1 Introduction 147 6.2 Existing Conditions 147 6.3 Issues and Opportunities 148 6.4 Targeted Industry Sectors 150 6.5 Goals and Strategies 151 7. quality of life 163 7.1 Introduction 165 7.2 Existing Conditions 166 7.3 Issues and Opportunities 169 7.4 Goals and Strategies 171 8. next steps & funding 187 8.1 Introduction 189 8.2 Community Priorities 189 8.3 Next Steps and Plan Tracking 192 8.4 Funding and Financing Strategy 192 acknowledgments City Council • Esmeralda Soria, District 1 • Mike Karbassi, District 2 • Miguel Arias, District 3 • Tyler Maxwell, District 4 • Paul Caprioglio, District 4 (former) • Luis Chavez, District 5 • Garry Bredefeld, District 6 • Nelson Esparza, District 7 Planning Commission • Kathy Bray, Chair • Brad Hardie, Vice Chair • Raj K. Sodhi-Layne, Vice Chair (former) • David Criner • Debra McKenzie • Peter Vang • Monica Diaz City Management • Thomas Esqueda, City Manager • Wilma Quan, City Manager (former) • Gregory Barfield, Assistant City Manager • Jim Schaad, Assistant City Manager (former) City Staff • Drew Wilson, Project Manager • Sophia Pagoulatos, Planning Manager • Jennifer Clark, Director of Planning + Development • Michelle Zumwalt, Architect • Michael Andrade, GIS Specialist • Lachea Deamicis, GIS Specialist • Casey Lauderdale, Planner • Kara Hammerschmidt, Service Aid • Rodney Horton, Planner • Marisela Martínez, Planner CSESP Steering Committee • Mike Kludjian • Gary Nachtigall • Joe White • Jenna Chilingerian • John Alkire • Brandie Banks-Bey • Gabriel Lozano • Jas S. Khalon • Maria Perez • Pao Yang • Luis Santana • Josephine Kiran • Sushil Prakash • Lilia Becerril • Grecia Elenes Consultant Team • Matt Raimi, Raimi + Associates • Alessandra Lundin, Raimi + Associates • Dave Sargent, Sargent Town Planning • Peter VanderWal, Sargent Town Planning • Martin Cordova, Sargent Town Planning • Andrew Krizman, Sargent Town Planning • Ellen Martin, Economic Planning Systems • Mary Bean, First Carbon Solutions • Phil Ault, First Carbon Solutions • Derek Rapp, Stantec • Dennis Lammers, Stantec 1 CHAPTER 1: Introduction introductionch. 11 Our neighbors are resilient, hard-working, and have endured incredible pressures over our city’s 135 year history. We believe that this plan, which our neighbors have deeply informed, allows us to contribute to the well- being of our great city and also heal one of its great treasures — the central southeast neighborhoods we call home. – Joe White, CSESP Steering Committee Member “ 3 CHAPTER 1: Introduction 1.1 Introduction and Purpose Central Southeast Fresno (CSE Fresno) is home to one of the most diverse communities in Fresno in terms of demographics, economics, and regionally significant cultural amenities. The area has a rich history and culture, with active and engaged community groups and residents who are proud to call CSE Fresno their home. With ample land available for development and a prime location next to Fresno’s Downtown, Central Southeast has great potential. Yet for many years, the area has had difficulty attracting investment, high-quality development, and desired services. The area includes several of Fresno’s economically disadvantaged neighborhoods, and is marked by areas of vacancy, disinvestment, and blight. Residents have long advocated for equitable consideration in citywide development and the implementation of improvements that will preserve the community’s assets as well as improve the community’s image and quality of life. The need for a Specific Plan for the Central Southeast Area (Plan Area) emerged from community members who advocated for an actionable plan to address a broad array of neighborhood concerns including public health, safety, access to recreational amenities and open space, and economic opportunities, among others. The Central Southeast Area Specific Plan (CSESP, or the Plan) is the result of three years of visioning, robust community engagement, and relationship building between the City of Fresno and CSE Fresno residents to develop a community-driven Specific Plan. The purpose of the Plan is to help address community needs and guide future public and private development to create a more vibrant, attractive, equitable, and healthy community in a way that builds upon the social and cultural strengths of CSE Fresno. 1.2 The Plan Area The Plan Area, shown in Figure 1-1, covers over 2,200 acres (3.4 square miles) just east and southeast of Downtown Fresno and is bounded by Belmont Avenue to the north, East Avenue to the west, Church Avenue to the south, and Peach Avenue to the east. The Plan’s name relates to its location in the southern and central area of Fresno as shown in the Context Map in Figure 1-2. The Plan Area sits just north of the Industrial Triangle, is surrounded to the west by some of the oldest city neighborhoods, and to the east by unincorporated Fresno County agricultural lands, while the northern tip is a quarter-mile from access to State Route 180. The southern portion of the Plan Area boundary generally runs along Fresno City Limits, adjacent to and circumventing several “county islands” – unincorporated land under the jurisdiction of Fresno County. Maps and graphics throughout this document consider these county islands as a matter of good planning and spatial context, but the scope of the project, including the environmental analysis, focuses on the Plan Area only. Like most areas in Fresno, Southeast was initially agricultural land. As the area was gradually annexed and incorporated into the City of Fresno post-WWII, it transitioned to include a mix of commercial, industrial, and residential uses. Today the Plan Area includes approximately 30,624 people and 9,150 homes, and is characterized by a blend of older single-family and multi-family housing developments, industrial facilities, public facilities, vacant land, and commercial areas such as Ventura/Kings Canyon Road. introduction FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN4 Figure 1-1. Plan Area 5 CHAPTER 1: Introduction Figure 1-2. Context Map FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN6 The Plan Area is also home to several important regional and local institutions including the Fresno Fairgrounds, the Sal Mosqueda Community Center, and Fresno Pacific University. The San Joaquin Valley Railroad operates a local freight distribution line that provides services to existing industrial facilities adjacent to California Avenue, such as American Blues Trading, Kiwi Transport, Concept Coatings, Wawona Frozen Foods, and PDM Steel Service Center. Additional information on the Plan Area and existing conditions related to land use, circulation, infrastructure, environment, and the economy can be found throughout this document and in Appendix A: Central Southeast Specific Plan Existing Conditions Report (2018). 1.3 What is a Specific Plan? A Specific Plan is a comprehensive long-range planning tool used to guide future growth in a defined area. It establishes a link between the City’s General Plan and individual development or project proposals for the Plan Area by specifying a range of programs, policies, and regulations that help implement citywide goals and objectives pertaining to various topics, such as housing, land use, urban design, and transportation. Project proposals consistent with the Plan’s policies, regulations, and environmental assessment may be afforded streamlined California Environmental Quality Act (CEQA) review. In addition to these core functions, a Specific Plan outlines a blueprint for the City to pursue partnerships, strategies, and funding tools to complete the various proposed improvements. Regulatory Requirements The State of California describes a Specific Plan as a plan “for the systematic implementation of the general plan for all or part of the area covered by the general plan” (California Government Code (GC) Section 65450). Consistent with this guidance, the City of Fresno has prepared specific plans to provide a more detailed vision, development regulations, and implementation plan for focused areas of the city. The state allows flexibility for what local planning agencies include in specific plans (GC Section 65452). However, GC Section 65451 requires a specific plan to include the following components at minimum: 1. The distribution, location, and extent of the uses of land, including outdoor space, within the area covered by the plan. 2. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. 3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3). In addition, GC Section 65451 requires that the “specific plan shall include a statement of the relationship of the specific plan to the general plan,” and that specific plans must be consistent with the general plan (GC Section 65454). According to GC Section 65453, “A specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or ordinance and may be amended as often as deemed necessary by the legislative body.” 7 CHAPTER 1: Introduction 1.4 Existing Plans and Programs Many previous planning efforts and programs have helped set the stage for the Specific Plan as described below. This Plan serves as the first major planning effort to focus on major issues such as land use planning, parks and open space, transportation, and utilities for the CSE Fresno area since 1992. Figure 1-3 shows the Plan Area’s relation to other Community Plans in Fresno. Fresno General Plan (2014) The Fresno General Plan, adopted on December 18, 2014, establishes a vision for the city and creates a set of policies and implementation actions to achieve that vision. The General Plan envisions the creation of “complete neighborhoods,” which replace the current patchwork of industrial, agricultural, and residential land-use patterns with cohesive neighborhood-scale development that connects housing with jobs, retail, recreation, and services. An example of a complete neighborhood envisioned by the General Plan is located along the Ventura Kings Canyon Bus Rapid Transit (BRT) corridor, anchored by repurposed shopping centers between Chestnut and Peach Avenues along Kings Canyon Road. In addition to the emphasis on complete neighborhoods, the City of Fresno has worked with the Building Healthy Communities (BHC) campaign, which is led by the California Endowment and strives to provide disadvantaged communities with equitable access to resources that improve health. To support healthy community initiatives, the General Plan provides land use and urban design policies to increase access to physical exercise and fresh food. The Plan adoption process includes rezoning of properties to ensure consistency with the General Plan and to facilitate implementation. The General Plan does not include specific guidance for the Plan Area, but does include broad objectives and policies relevant to and supported by this Plan. The box on the following pages lists some of the key objectives from the General Plan. A map and table of the existing acreages, percentages, and density/ intensity ranges for each General Plan land use designation within the Plan Area can be found in Appendix A: Central Southeast Specific Plan Existing Conditions Report. The land use designations used in this Plan are consistent with the General Plan, however this Plan proposes changing the land use designation for some of the Plan Area’s parcels that will require the General Plan Land Use map to be amended. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN8 General Plan Objectives Economic Development • Objective ED-1: Support economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses. • Objective ED-3: Attract and recruit businesses and offer incentives for economic development. • Objective ED-2: Support local business start-ups and encourage innovation by improving access to resources and capital and help overcome obstacles hampering economic development. • Objective ED-4: Cultivate a skilled, educated, and well-trained workforce by increasing educational attainment and the relevant job skill levels in order to appeal to local and non-local businesses. Urban Form, Land Use, and Design • Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types. • Objective UF-2: Enhance the unique sense of character and identity of the different subareas of the Downtown neighborhoods. • Objective UF-14: Create an urban form that facilitates multi-modal connectivity. • Objective LU-7: Plan and support industrial development to promote job growth. • Objective LU-8: Provide for the development of civic and institutional land uses to meet the educational, medical, social, economic, cultural, and religious needs of the community. Mobility and Transportation • Objective MT-1: Create and maintain a transportation system that is safe, efficient, provides access in an equitable manner, and optimizes travel by all modes. • Objective MT-2: Make efficient use of the City’s existing and proposed transportation system and strive to ensure the planning and provision of adequate resources to operate and maintain it. • Objective MT-4: Establish and maintain a continuous, safe, and easily accessible bikeways system throughout the metropolitan area to reduce vehicle use, improve air quality and the quality of life, and provide public health benefits. • Objective MT-5: Establish a well-integrated network of pedestrian facilities to accommodate safe, convenient, practical, and inviting travel by walking, including for those with physical mobility and vision impairments. • Objective MT-6: Establish a network of multi-purpose pedestrian and bicycle paths, as well as limited access trails, to link residential areas to local and regional open spaces and recreation areas and urban Activity Centers in order to enhance Fresno’s recreational amenities and alternative transportation options. • Objective MT-9: Provide public transit opportunities to the maximum number and diversity of people practicable in balance with providing service that is high in quality, convenient, frequent, reliable, cost- effective, and financially feasible. 9 CHAPTER 1: Introduction Parks, Open Space, and Schools • Objective POSS-1: Provide an expanded, high quality and diversified park system, allowing for varied recreational opportunities for the entire Fresno community. • Objective POSS-2: Ensure that adequate land, in appropriate locations, is designated and acquired for park and recreation uses in infill and growth areas. • Objective POSS-3: Ensure that park and recreational facilities make the most efficient use of land; that they are designed and managed to provide for the entire Fresno community; and that they represent positive examples of design and energy conservation. • Objective POSS-9: Work with California State University, Fresno, and other institutions of higher learning in Fresno, to enhance the City’s workforce, job creation, and economic development, as well as its image and desirability as a place to live. Healthy Communities • Objective HC-1: Work with neighborhood associations of local residents, businesses, and institutions on neighborhood and community health initiatives. • Objective HC-2: Create complete, well-structured, and healthy neighborhoods and transportation systems. • Objective HC-3: Create healthy, safe, and affordable housing. • Objective HC-4: Improve property maintenance. • Objective HC-5: Promote access to healthy and affordable food. • Objective HC-6: Improve access to schools and their facilities for the community. • Objective HC-8: Support programs, leadership, and opportunities for Fresno’s youth. Historic and Cultural Resources • Objective HCR-3: Promote a “New City Beautiful” ethos by linking historic preservation, public art, and planning principles for Complete Neighborhoods with green building and technology. Housing Element • Objective H-1: Provide adequate sites for housing development to accommodate a range of housing by type, size, location, price, and tenure. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN10 Citywide Development Code Update (2015) On December 3, 2015 the City updated its zoning ordinance – known as the Citywide Development Code – which governs development in all areas of the city and serves as a vehicle to implement the goals, objectives, and policies of the General Plan and other operative plans. The Code functions as a regulatory guide for the physical development of the city that is in concert with the arrangement of land uses identified in the General Plan. The Citywide Development Code includes standards and regulations on 11 types of districts: Buffer Districts, Residential Single-Family Districts, Residential Multi-Family Districts, Mixed-Use Districts, Commercial Districts, Employment Districts, Public and Semi-Public Districts, Downtown Districts, and Overlay Districts. The Plan adoption process includes rezoning of properties to ensure consistency with the General Plan and facilitate implementation. This Plan does not establish or change any regulations from the Citywide Development Code; rather, it references the Code for development regulations and design guidelines that apply to the Plan Area. Downtown Neighborhoods Community Plan (2016) The Downtown Neighborhoods Community Plan (DNCP) was adopted on October 20, 2016 and establishes a vision for the revitalization of the DNCP area based on input from property owners and residents. The DNCP is the community’s tool for guiding the successful regeneration of Downtown Fresno and its surrounding neighborhoods. It is a visionary document that lays out the community’s long-term goals for the DNCP Plan Area and provides detailed policies concerning a wide range of topics, including land use and development, transportation, the public realm of streets and parks, infrastructure, historic resources, and health and wellness. The Fresno General Plan’s direction to generate activity centers and focus reinvestment in the center of the city as the primary activity center is made tangible through the DNCP’s goals, policies, and actions. This Plan picks up where the DNCP left off along the northwestern boundary (Orange, Cedar, and Chestnut Avenues) and is a continuation of that effort (see Figure 1-3). Specific Plan for the Butler/Willow Area (1971) The Specific Plan for the Butler/Willow (SPBW) Area was adopted June 15, 1971 and was intended primarily to provide a detailed plan for zoning and circulation of the 564-acre area surrounding the Internal Revenue Service Center (IRS). The SPBW was created at the direction of the City Council after the property’s annexation to the City of Fresno in 1970. The SPBW project area mostly overlaps with the Plan Area, including the areas surrounding the current IRS facility on Butler and Willow Avenues. This Plan carries forward relevant policies from the SPBW, which will be repealed with the adoption of this Plan to avoid overlap and confusion. Roosevelt Community Plan (1992) The Roosevelt Community Plan (RCP) was adopted on April 7, 1992 and its primary purpose was to address issues and concerns affecting the community as it was experiencing growth. The RCP intended to anticipate the community’s needs and to stimulate the development of well-balanced quality neighborhoods for all of CSE Fresno. The RCP established policies and standards consistent with the 1984 Fresno General Plan. The RCP was intended to direct the physical growth and change of the community through 2002. The RCP project area overlaps with the entire Plan Area, as its planning boundaries extend further in every direction. This Plan carries forward relevant policies from the RCP, which will be repealed with the adoption of this Plan to avoid overlap and confusion. 11 CHAPTER 1: Introduction Ventura / Kings Canyon Corridor Complete Streets Plan (2015) The Ventura/Kings Canyon Corridor Complete Streets Plan (also known as Revitalize Ventura/Kings Canyon) was completed in January 2015 and was a community-led project to improve how people live, work, and shop along Ventura Avenue and Kings Canyon Road in CSE Fresno. The project area for Revitalize Ventura/Kings Canyon includes a three-mile stretch of the east-west corridor from First Street and Ventura Avenue to Peach Street and Kings Canyon Road. The community planning effort resulted in a demonstration project which implemented temporary streetscape improvements to revitalize the corridor for a day and a Complete Streets Plan, which provides recommendations to revitalize the corridor for all modes of travel with permanent improvements. The project was funded by the Fresno Council of Governments (Fresno COG) via a California Department of Transportation (Caltrans) Environmental Justice Transportation Planning Grant, which aimed to promote the involvement of underserved communities in transportation planning and community development efforts in local neighborhoods. Recommendations from the project are integrated into the Plan. Parks Master Plan (2017) The City of Fresno is dedicated to improving access to parks and open spaces to enhance the health and quality of life of the community. In December 2017, the City of Fresno adopted the Parks Master Plan, which articulates a vision for improving Fresno’s park and open space system. The identified citywide challenges include deferred lifecycle replacement investments, a shortfall in maintenance funds, a high percentage of parks in poor condition, lack of accessibility, and concern over crime and safety. Southeast Fresno was identified as an area in great need of improved park amenities. Within the Plan Area, Pilibos Soccer Park and Mosqueda Center are designated “Flagship” parks for improvement. Flagship parks will be prioritized for ongoing upgrades and fully funded maintenance including lifecycle replacement. Recommendations from the Parks Master Plan are integrated into this Specific Plan. Industrial Land Use Compatibility Study (In Progress) The Fresno Industrial Land Use Compatibility Study will identify land use interfaces that are typical in Fresno, describe the primary environmental issues with each interface, and then describe a broad array of tools to increase land use compatibility. The Industrial Land Use Compatibility Study is currently in progress, with an anticipated completion date of late spring/early summer of 2020. Fresno Active Transportation Plan (2017) The Fresno Active Transportation Plan (ATP) (March 2017) outlines a vision for active transportation in Fresno. The plan includes a roadmap for creating a complete, safe, and comfortable network of trails, sidewalks, and bikeways that serves all residents of Fresno. It includes a comprehensive bicycle, pedestrian, and trail network for the Southeast area. Some of the recommended improvements in CSE Fresno include installing new Class II bikeways along Butler Avenue and along all north-south arterials in the Plan Area, designating Butler, Maple, and Lane Avenues as priority bikeways, closing gaps in the sidewalk network, and installing crossing improvements along Kings Canyon Road. This Plan builds on the recommendations in the ATP and proposes additional improvements, goals, and strategies to enhance the safety of streets and sidewalks and promote active transportation in CSE Fresno. As with other plans, the recommendations from the ATP are included in this Specific Plan. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN12 Figure 1-3. Relationship to Community Plans 13 CHAPTER 1: Introduction Complete Streets Policy (2019) A high-quality network of “Complete Streets” can improve safety, enhance access, and support greater choice in transportation options. A complete street is a transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users, including pedestrians, bicyclists, transit users, and vehicles. The City of Fresno has recently adopted a “Complete Streets” policy that applies citywide (October 10, 2019). CSE Fresno presents an opportunity to implement complete streets principles on a large scale, providing safe and convenient travel for all modes and all users. ADA Transition Plan for the Right of Way (2016) On February 25, 2016 the City Council adopted the 2016 Update to the Americans with Disabilities Act (ADA) Transition Plan for the Right of Way (ROW). The Transition Plan incorporates retrofitting Curb Ramps, Sidewalks, and Accessible Pedestrian Signals and replaces the 2003 Amended Curb Ramp Transition Plan. The goal of the Transition Plan is to ensure that the City maintains accessible paths of travel in the ROW for people with disabilities. Through this and previous plans, the City of Fresno has made a significant and long-term commitment to improving the accessibility of the ROW. The Department of Public Works has been the primary leader in these efforts, with collaboration from the Disability Advisory Commission (DAC) in prioritizing and providing input on the Transition Plan. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN14 1.5 Community Engagement Process The project team administered a multifaceted and extensive engagement strategy that leveraged a broad range of community input throughout the planning process. From the outset, a core objective of the Plan was to provide ample opportunities for participation among all sectors of the community, including disenfranchised populations not typically reached in community planning efforts. To that end, the project team prepared a Community Involvement Strategy prior to the start of the planning process. This tool was designed with the intent to incorporate a diversity of perspectives into the planning process and understand how various stakeholders – including residents, business owners, visitors, and community organizations – view CSE Fresno as it stands today and how they envision it evolving in the future. This effort included numerous stakeholder interviews, community workshops, mobile workshops, surveys, and Steering Committee meetings. The various components of the outreach process are described in greater detail below: Steering Committee Meetings The success of this Plan would not have been possible without the collaboration and dedication of the CSE Fresno Steering Committee, who helped guide creation of the Plan reflecting the aspirations and needs of CSE Fresno’s diverse community. At the beginning of the planning process, the District 5 Council Member Luis Chavez appointed a 15-member Steering Committee made up of neighborhood residents, business owners, and other stakeholders. Represented on the Steering Committee were community organizations such as Habitat for Humanity, Leadership Counsel for Justice and Accountability, The Big Fresno Fair, The Fresno Center, Reading and Beyond, Neighborhood Church, and the Southeast Fresno Community Economic Development Association. The Committee had a mix of English- and Spanish- speakers and all meetings were bilingual. 15 CHAPTER 1: Introduction The Steering Committee’s purpose was to ensure that residents and community leaders stayed engaged and driving the CSESP process and to translate community input into key elements of the Plan. They provided guidance throughout the planning process, weighed in at key decision points, and developed and reviewed Plan content. This included helping to develop the Plan’s Guiding Principles, refining the land use and transportation concepts, and recommending strategies for specific content areas and topics such as economic development, parks and open space, housing, public health, and safety. The Steering Committee was also invaluable in helping to promote, design, and facilitate workshops and conduct focused small group meetings with residents and stakeholders to gather additional input. A total of nine Steering Committee meetings were held throughout the planning process, the majority of which were structured to allow the Steering Committee to discuss key issues identified by the community and provide recommendations for how these issues should be addressed in the Plan. The last two meetings focused on reviewing and approving the proposed land use changes and ranking the Draft Goals and Strategies for the Plan. Website The City created and maintained a project website, providing current project information, upcoming events, key milestones, and project deliverables. Stakeholder Interviews The project team conducted sixteen stakeholder interviews at the beginning of the planning process in October 2017. Stakeholders interviewed included: resident groups, Fresno Unified School District, Central Southeast Fresno Community Economic Development Association, religious leaders, Fresno Pacific University (FPU), local community organizations, and other representatives of CSE Fresno. These interviews provided the project team with an introduction to the assets, strengths, and primary issues in the Plan Area, as well as recommended outreach methods to reach a broad sector of the community. Surveys At key junctures in the process, the project team developed online and paper surveys to reach a broader diversity of residents, business owners, and other interested parties. Three surveys occurred during the Specific Plan preparation process. The first survey was aimed at getting an understanding of the community’s view of the project area as well as identifying key community issues and desires. The second survey asked residents to identify where they would like to see more park space and open spaces in CSE Fresno. The third survey allowed residents to rank the Plan’s Goals and Strategies according to priority. Input from over 600 different respondents was received over the course of the three surveys that provided valuable insight, the results of which were shared with the community and the Steering Committee. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN16 Community Workshops Three community workshops were conducted to provide input at key stages in the planning process. The first workshop was held on June 20, 2018 with the goal of identifying issues and opportunities in the Plan Area, as well as the community’s vision and guiding principles for the Plan. The second workshop, held on July 17, 2018, invited participants to comment on “Big Ideas” (see Section 2.3 of Chapter 2) related to land use and transportation for the Plan Area, and provide input on priority locations and amenities for new parks. The third workshop, held on October 4, 2018 sought community input on and priority ranking of the Plan’s Draft Goals and Strategies for various topics such as parks, public health, safety, environment, and economic development. All of the workshop activities and results provided guidance to the Steering Committee and project team throughout development of the Plan. Engagement Toolkit and Mobile Workshop The project team developed a mobile outreach strategy designed to overcome common barriers to public participation such as planning fatigue, inability to attend evening meetings, and unfamiliarity with navigating the planning process. This included an engagement toolkit to allow the Steering Committee and other community partners to conduct their own meetings and events with members of the community, as well as mobile workshops to reach residents at times and locations convenient for them. Outreach efforts were integrated into established and ongoing community group meetings and events in the Plan Area. City staff brought mobile workshops to over 20 community group meetings in and near the project area, and received input from dozens of stakeholders. The activities conducted at the mobile workshops mirrored those from the community workshops. This provided opportunities for a broader range of stakeholders to offer input on key aspects of the planning process and provide guidance throughout development of the Plan. 17 CHAPTER 1: Introduction 1.6 Document Structure This Specific Plan is intended to be an actionable document used by the City, developers, stakeholders, and community members to facilitate development in the CSE Fresno Plan Area. To that end, the remainder of the Plan following Chapter 2 (Vision and Guiding Principles) is organized by topic area. These chapters evaluate existing conditions in the Plan Area and establish transformative strategies that implement the community vision. The structure of this document and a summary of its chapters are as follows: 1. Introduction: This chapter provides a broad overview of the planning context, community engagement process, and organization of the Specific Plan. 2. Vision and Guiding Principles: This chapter outlines the vision and guiding principles for CSE Fresno that were articulated during the community engagement process. 3. Land Use and Urban Design: This chapter describes the proposed land uses in the Plan Area. It also outlines a unique set of goals and strategies that pertain to future desired uses and development in each “change area” or subarea in CSE Fresno. 4. Transportation, Public Realm, and Infrastructure: This chapter outlines priority circulation improvements for all travel modes – including walking, bicycling, driving, and transit – and specific design recommendations to make streets and pathways more walkable and comfortable for CSE Fresno residents. It also includes utility and infrastructure needs in the Plan Area. 5. Parks, Open Spaces, and Public Facilities: This chapter describes the existing context for public parks, open spaces, and recreational facilities within the Plan Area and identifies key opportunities for improvement. Strategies include both new parks on opportunity sites and enhanced programming at existing facilities. 6. Economic Development: This chapter outlines an inclusive and sustainable economic development strategy that targets growth in key industry sectors, as well as improved economic opportunity for CSE Fresno and businesses through job training and workforce development. 7. Quality of Life: This chapter outlines strategies to improve quality of life in CSE Fresno by addressing the social and environmental determinants of health. This multifaceted approach includes improving public safety, promoting healthy lifestyles, mitigating environmental hazards, and building capacity within communities. Topics covered include: public health, public safety, environment and environmental justice, and community empowerment. 8. Funding and Financing: This chapter summarizes the community priorities, next steps, and potential funding and financing strategies to implement the Plan’s recommended improvements and programs. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN18 What are Goals and Strategies? Each chapter contains goals and strategies that serve as tools to achieve the community’s vision. These are intended to provide clear direction for how the City and community partners will work collaboratively to implement the overall vision of this Plan. The vast majority of these goals and strategies come directly from the community through the engagement process described in this chapter. Staff and the consultant team added a few related strategies to incorporate best practices and to complement the comprehensive approach to achieving the community’s desired outcomes. Goals Goals either apply to the entire Plan Area or specific subareas, and are a visionary statement of the city and community’s intent for a particular topic. Not every project or program must fulfill every goal; rather, future projects will contribute in different and unique ways to the overall goals for the Plan Area. Strategies Strategies describe the recommended actions - including both programs and physical improvements - that should be completed by the City, community, and/or developers in order to achieve the associated goals and overall vision for the Plan Area. 19 CHAPTER 1: Introduction how to use this plan If you are a Community Member For community members who are interested in learning about this Plan, Chapter 2 will help you understand the vision and guiding principles for CSE Fresno for the next 20-25 years. Chapters 3 through 7 have more detailed information about land uses and design, circulation and infrastructure improvements, new and improved parks and open spaces, policies to improve community health and safety, and economic development opportunities. If you are a Property Owner or Developer Property owners who are interested in developing in the Plan Area should become familiar with the Plan’s overall framework and vision, as described in Chapter 2. Development applications and project designs should be consistent with the land use and design recommendations, and community desires for specific subareas (Chapter 3), as well as relevant guidance for transportation and infrastructure improvements (Chapter 4). If you Work for the City If you are an elected City official or City staff, you will be responsible for guiding property owners and developers in their development decisions and applications, and pursuing partners, strategies, and funding sources for the improvements and programs identified in the Plan. The City will use this Plan to evaluate these applications and when planning public improvements to ensure new development and public investments are consistent with the overall vision and policies. Future public infrastructure, mobility, and public realm investments should be consistent with the CSESP. The City should regularly monitor the progress being made to achieve the goals in this Plan. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN20 CHAPTER 2: Vision & Goals 21 vision & goalsch. 22 22 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 2: Vision & Goals 23 vision & goals This chapter includes an introduction to the Vision Statement and Guiding Principles that developed during the planning process. They set the stage for the Specific Plan’s overall planning framework – the “Big Ideas” for key areas of change – and are implemented through the proposed improvements, goals, and strategies found throughout the Plan. Additionally, Section 2.3 describes community implementation priorities for the Plan Area. Combined these elements represent the high-level desires and aspirations for CSE Fresno, as defined by the community. 2.1 Vision vision statement Over the next 30 years, CSE Fresno will become a lively, beautiful, walkable, and healthy community for its residents and all Fresnans. Supported by enhanced mobility options and an activated public realm, the community will feature safe and complete neighborhoods that provide a range of amenities essential to a high quality of life, including parks, community centers, recreational programming, healthy food options, health services, and quality jobs. As development occurs and uses diversify, a variety of housing choices will be provided that meet the diverse needs and income levels of the community, all within a short walk from shops, schools, parks, and transit. Residents will enjoy greater economic opportunity and prosperity through a diversified economy, support for small businesses and entrepreneurs, access to quality education, and expanded workforce development. Revitalization, beautification, greening and other neighborhood improvement efforts will foster community pride and promote the image of CSE Fresno as an attractive, safe, and desirable location for businesses to thrive and people to live, work, and visit. CSE Fresno will have a strong sense of place, rooted in community-driven transformation and celebration of its many assets, rich history, cultural diversity, and passionate spirit. 24 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 2.2 Guiding Principles During the early stages of the planning process, the community provided input on issues and opportunities in the Plan Area. Based on this input and further direction provided by the project Steering Committee, the City and its partners drafted a set of Guiding Principles that reflect the community’s shared vision for a prosperous, livable, safe, and attractive CSE Fresno for all residents. These Guiding Principles are aspirational yet achievable and underpin all recommendations found throughout the Plan. The Guiding Principles for the CSE Fresno Specific Plan are defined as follows: 1. Emphasize cultural diversity. Protect and enhance the diverse cultures and ethnicities in Central Southeast Fresno through historic preservation and recording of history, supporting multi-cultural events, protecting diverse retail establishments and promoting racial tolerance. This will allow all people, regardless of race, class, income or age, to thrive in Central Southeast Fresno. 2. Keep the engaged population active. Continue the community’s history of having an active and engaged citizenry through the Specific Plan process. This includes engaging residents in the decision-making process, building capacity to implement the vision of the community, and engaging youth in civic activities. 3. Support the underserved. Protect and celebrate Central Southeast residents’ willingness to help one another and support those in need. Photo credit: PGA DesignPhoto credit: Fresno Bee CHAPTER 2: Vision & Goals 25 4. Preserve strong and unique neighborhoods. Central Southeast Fresno has some of the most unique and diverse neighborhoods in the city. Preserve the character, identity and sense of place. As part of the process, strive to protect the character of neighborhoods while allowing for growth and change over time. 5. Protect housing affordability and minimize displacement. Protect existing housing affordability and reduce the potential for the displacement of current residents as the area reaches its full potential. Strategies include supporting both market rate and affordable housing and creating more housing choice in the neighborhood to serve a diverse demographic of new and existing residents. 6. Enhance connections to Downtown. Build upon Central Southeast Fresno’s strategic location in proximity to Downtown to enhance access to jobs, services, cultural, and other community amenities. 7. Improve safety. Improve safety in and around Central Southeast Fresno through a range of strategies including increased pedestrian activity, more “eyes on the street”, community policing, better lighting, activation of vacant spaces, and an increased sense of ownership and stewardship by residents, workers, and visitors. Photo credit: GVWire 26 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 8. Enhance mobility and improve connectivity. Improve pedestrian, bicycle, transit, and vehicle connections with a focus on improving transportation safety (especially around schools and parks) and inexpensive mobility options. Expand transit service to ensure that residents can quickly and easily access jobs and services throughout the city. Support the recent Bus Rapid Transit (BRT) investment along Kings Canyon Road as an important strategy to better connect residents to jobs and services in Downtown and other parts of the city. 9. Expand access to educational opportunities. Seek to improve educational opportunities for residents of all ages. This includes improving youth education to expand access to opportunity, providing vocational training, and supporting on-the-job training at local businesses. As part of this strategy, partner with local educational institutions to ensure access for Central Southeast Fresno residents. 10. Support economic vitality. Encourage an environment where diverse businesses can flourish and thrive. Expand job opportunities, workforce training programs, and support for local businesses. 11. Reduce pollution and protect environmental health. Improve air quality by supporting innovative programs for environmental sustainability and increase resilience of the community against hazards. Protect residents from the adverse health impacts of nearby industrial land uses. CHAPTER 2: Vision & Goals 27 12. Support health and equity. Promote equity, health, and well-being by providing a range of community services and access to healthcare, recreational opportunities, and healthy food options. Encourage the development of grocery stores, farmer’s markets, and community farming. 13. Build and improve parks and community facilities. Seek new ways to fund park maintenance and plan for new neighborhood parks, community facilities, and other public spaces that will provide a place for the community to gather, socialize, and play. 14. Invest in maintenance and beautification. Invest in maintaining and cleaning streets and public spaces. Improve walkability, sense of place, public spaces, and community aesthetics through landscaping, streetscape treatments, and facade improvements. Create a welcoming community that is clean, safe, and inviting. 15. Encourage continued and expanded diversity of uses. Support a diverse mix of uses including retail, jobs, services, housing, civic spaces, and community facilities, particularly along Kings Canyon Road, in neighborhood retail areas and in non-residential areas. Encourage retention of key retail and ethnic establishments while introducing more varied essential goods and services. 16. Utilize the Fairgrounds. Support existing events and encourage new events and flexible or temporary uses that will activate the Fresno Fairgrounds year-round, attract both local and regional populations and provide a long- term and tangible benefit for Central Southeast Fresno residents. 28 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 2.3 The Big Ideas The project team conducted a four-day charrette with the Steering Committee and community members to brainstorm strategies that would stimulate positive change in CSE Fresno. That session helped identify key opportunity or “change” areas and accompanying design concepts that would implement the Specific Plan’s overarching vision and Guiding Principles. These land use concepts, which became known as the “Big Ideas”, were presented at a Steering Committee meeting, a community workshop, and several mobile workshops, and further refined based on community feedback (see Figure 2-1). The eight Big Ideas are defined as follows and further detailed in Chapter 3. Land Use and Design and Chapter 4. Transportation, Public Realm, and Infrastructure. Figure 2-1. Map of the “Big Ideas” CHAPTER 2: Vision & Goals 29 Kings Canyon Corridor Transform Kings Canyon from an old auto highway through town into a unique, walkable, and vibrant mixed-use corridor focusing on cultural and food establishments. Potential transformation can be completed through facade updates, street improvements, and attracting new mixed-use development. Former UMC Hospital Site Redevelop the former University Medical Center (UMC) hospital with senior housing and a continuum of care facility providing medical, behavioral, and social services. Activate the parking lot along Kings Canyon through the creation of temporary public space that could accommodate events such as farmers markets and food truck festivals. International Shopping/Mixed-use Center Turn the Asian Village shopping center along Kings Canyon Road into a regional destination for ethnic food and entertainment through streetscape and community open space improvements and programming. Strengthen the King Canyon Bus Rapid Transit corridor through redevelopment of surface parking lots along King Canyon with multi-family housing and pedestrian-oriented commercial development. Maple/Butler Community and Cultural Center Build upon existing successful amenities in the area such as the Mosqueda Center and the Fresno Fairgrounds to turn this area into a hub for cultural activities and community recreation and events. In the interim before redevelopment occurs, activate vacant properties with temporary uses such as recreational, cultural, food, and entertainment events. Orange Avenue Neighborhood “Main Street” Streetscape and frontage improvements could transform Orange Ave into a charming neighborhood “main street” with shops, restaurants, and outdoor seating. Repurpose existing buildings into local serving amenities such as restaurants, small grocery stores, flexible office or makers spaces for non- profits and entrepreneurs, and job training centers. IRS Education/Tech Hub Redevelop the former Internal Revenue Service (IRS) site as a tech-centered employment and/or education campus that could provide new jobs, commercial space, amenities, and residences for workers or students as well as the surrounding community. Significant Neighborhood Infill Large vacant and underutilized parcels in the southern part of the Plan Area are poised for new housing development for a range of household types. New housing should integrate with the surrounding neighborhoods through design and new street and pedestrian/bicycle connections. Business Park/Employment District Introduce smaller-scale employment generating uses such as light industrial, clean tech, business parks, offices, and job training centers to provide a transition between heavy industrial uses and residential neighborhoods around California Avenue. Note: During development of the Proposed Land Use Map the Steering Committee voted to use the “Office” designation as the transitional land use buffer between residential neighborhoods and industrial uses. 1 2 3 4 5 6 7 8 30 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 3: Land Use & Urban Design 31 land use & ch. 33 urban design 32 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 3: Land Use & Urban Design 33 land use and urban design 3.1 Introduction The CSESP aligns future land uses and the built environment to the needs of the community. The proposed land use and design recommendations in this chapter aim to expand opportunities for a variety of housing types, provide spaces for businesses to grow, ensure ample open space, and create vibrant centers of commercial and community activity. New housing choices will accommodate residents of all income groups, ages, and at different stages in their lives. New mixed-use development is envisioned on most opportunity sites in the Plan Area, accented by new connections, improved public spaces, and enhanced streetscapes. This chapter summarizes the proposed land uses and urban form for CSE Fresno, which reflects both the Steering Committee’s and community’s vision for future development. The locations of the various land uses were selected and refined by the Steering Committee in order to support the type of community described in the Plan’s vision (see Chapter 2). The Plan’s land use map should be considered the physical “vision” for the area and the underlying foundation for the Plan. 3.2 Existing Conditions Existing Land Uses Existing uses in the Plan Area include a mix of suburban housing developments, public facilities, strip shopping centers, industrial uses, and vacant land (see Figure 3-1). Predominant land uses on the ground are medium-density residential (21.5%), public facilities (20.4%), medium-low density residential (9.7%), and vacant land (8.6%). The vast majority of commercial uses are located along Ventura/Kings Canyon (community commercial), with very limited neighborhood and general commercial uses along Orange and Butler Avenues. Big Box retail and chain restaurants comprise most of the retail environment, with the rest being located in low quality strip commercial and semi-rural retail with low intensity activity. These car-oriented retail options lack character and limit pedestrian and bicycle access from main thoroughfares and adjoining neighborhoods, limiting travel choices for residents. Office uses in the Plan Area are limited to just a few small parcels on either side of Ventura/Kings Canyon Road. The southern portion of the Plan Area around California Avenue is dominated by heavy and light industrial facilities that often directly abut neighborhoods, creating noise, pollution, and heavy truck traffic that negatively impact nearby residents. The remainder of the Plan Area is largely comprised of single-family neighborhoods with some areas of multi-family housing. A lack of “missing middle housing”—namely, multifamily units like duplexes, fourplexes, mansion apartments, bungalow courts, and rowhouses—means there is limited variety in the type and affordability of housing options in the Plan Area. There is a particular need for multigenerational housing options that would allow households to upsize or downsize their living situation based on their current stage in life. 34 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Vacant and underutilized land also make up a large portion (almost 10%) of the Plan Area. Underutilized land includes parcels that are partially vacant, comprised primarily of surface parking lots, have vacant buildings, or where existing buildings are aging and/or lower density than what is allowed on the site. These vacant and underutilized parcels detract from the pedestrian experience, lead to inactivity and blight, and engender further disinvestment. Missing Middle Housing Missing Middle Housing consists of multi- unit housing that is similar in form, scale, and character to detached single-family homes. These building types, such as duplexes, fourplexes and bungalow courts, provide diverse housing options to support walkable communities, locally-serving retail, and public transportation options. They are termed “Missing” because they have typically been illegal to build since the mid-1940s and “Middle” because they sit in the middle of a spectrum between detached single-family homes and mid-rise to high-rise apartment buildings. Source: missingmiddlehousing.com CHAPTER 3: Land Use & Urban Design 35 Urban Form and Character The primary urban form and character of the Plan Area is defined and described below by category. Additional details and diagrams on existing land use and urban form characteristics of the Plan Area can be found in Appendix A: Central Southeast Specific Plan Existing Conditions Report (2018). Neighborhoods and Housing CSE Fresno is organized into quarter-mile sections (½ mile by ½ mile squares) by its primary north- south and east-west streets. Within these quadrants, land-use patterns are generally single- use, including mostly traditional single-family neighborhoods and small concentrations of multi-family housing interspersed with civic and community facilities. Block structure, streetscape, and building setbacks are quite consistent throughout these neighborhoods, providing environments generally conducive to pedestrian and bicycle movement by the completeness of the network, lower vehicular speeds, and presence of sidewalks and street trees in most areas. Many of CSE Fresno’s traditional neighborhood blocks are split in two by alleys, but the majority of alleys are underused, with automobile access being provided from the main fronting street. Thus, most of these alleys are abandoned, vacated, or fenced off, leading to concerns over safety, litter, and debris. By contrast to the traditional gridded neighborhoods, the more suburban and multi-family housing tracts in the Plan Area are characterized by larger blocks, limited points of access, and dead-end streets that limit connectivity. Most neighborhoods in CSE Fresno currently lack clear neighborhood-serving “centers” – that is, service or activity nodes within reasonable walking-distance from home (1/4-mile or a 5-minute walk) that can meet the daily needs of residents. However, numerous vacant and underutilized sites provide opportunities for mixed-use neighborhood centers to develop over time, such as the former Hanoian Shopping Center at Butler and Cedar Avenues. While most neighborhoods are within a half mile of a park or open space, most parks are in poor condition, lacking regular maintenance and programming, and residents have expressed concerns about park safety and pedestrian connectivity. Corridors Corridors are the local and regional connectors of neighborhoods and districts. Kings Canyon Road — formerly a State Highway — was once CSE Fresno’s major corridor connecting it to Downtown and the greater region. Unfortunately, the construction of the 180 Freeway replaced much of its original function, and CSE Fresno suffered as a result. While still the primary commercial corridor through CSE Fresno, Kings Canyon is lined predominantly by strip shopping centers with large surface parking areas and suffers from an uncomfortable, and often unsafe, pedestrian environment. The former UMC Hospital along Kings Canyon sits largely vacant, and is a significant opportunity site envisioned as a future holistic health and wellness center for CSE residents. Along Kings Canyon Road, Orange Avenue, and other key corridors in CSE Fresno, many public frontage elements are either in disrepair or entirely missing. These elements include street trees and landscaping, streetlights, comfortable and continuous sidewalks, street furnishings, and curbside parking, among others. These 36 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Public Frontages “Public Frontages” refer to the spaces between the travel lanes of public streets and frontages of private properties. The careful design of these spaces and the transition between the public frontage and the private land use, is what generally separates “successful” urban places from unsuccessful ones. commercial corridors can be improved by infilling vacant and abandoned parcels, renovating facades, and investing in high-quality, cohesive public realm improvements. Similarly, many of the other corridors in the CSE area were historically farm roads that evolved over time to meet the increased traffic demands, with little attention given to bike and pedestrian comfort, safety, and circulation, and active street-frontages that create a sense of place. At the scale of the city and the region, such streets are conceived of as “connectors” — but at the neighborhood scale they often act as “dividers” that separate neighborhoods from neighborhoods, and make it difficult for families, children, the elderly, and other pedestrians to walk to schools, parks, friends, shops and restaurants, and other local destinations. Districts The southern portion of the Plan Area adjacent to California Avenue and the San Joaquin Valley freight rail line contains an employment district characterized by heavy and light industrial uses. Most are warehousing, food processing, and trucking businesses, and include American Blues Trading, Kiwi Transport, Concept Coatings, Wawona Frozen Foods, and PDM Steel Service Center. Buildings are generally standalone warehouses and service buildings with large footprints, deep setbacks, and are surrounded by outdoor storage, surface parking, and fences. In addition, PG&E owns several large parcels on either side of Orange Avenue at California Avenue. These areas are envisioned to evolve into a higher intensity business park and light industrial/clean tech/R&D employment district that will expand job opportunities while buffering residential neighborhoods from heavier, nuisance-producing industrial facilities. The Internal Revenue Service (IRS) Processing Center at the corner of Butler and Willow Avenue also serves as a key employment district within the Plan Area. However, the IRS is in the process of moving out, which presents an opportunity for redevelopment. The community has expressed a strong desire to repurpose the IRS facility into a tech-education campus or center that could offset some of the lost jobs by providing new education and employment for residents. Lastly, the center of the Plan Area between Cedar and Butler Avenues contains the Fresno Fairgrounds which creates an entertainment district for two weeks each year. CHAPTER 3: Land Use & Urban Design 37 Figure 3-1. Existing Land Use Map 38 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 3.3 Issues and Opportunities While there are many challenges facing CSE Fresno from an urban design and placemaking perspective, there are also numerous “yet-to-be-realized” opportunities. With a strong vision, clear strategies, and well-organized, well-coordinated implementation efforts, CSE Fresno can evolve into the place envisioned by its many residents. The following summarizes some of the key issues and opportunities related to land use and design in the Plan Area. Issues • Lack of multimodal connectivity. Most major corridors in CSE Fresno have been designed to prioritize continuous vehicular movement, creating barriers that separate neighborhoods from neighborhoods, workers from jobs, students from schools, and pedestrians and cyclists from daily needs. These factors contribute to unsafe urban environments with high-speed vehicle traffic that discourages walking and cycling. • Inadequate services and amenities. Due to a limited mix of land uses in the area, most residents of CSE Fresno have poor access to neighborhood-serving amenities and services they need to meet their daily needs. These include grocery stores, healthcare facilities, employment centers, and public and community gathering spaces. • Blight. The numerous vacant and inactive parcels and properties in the Plan Area highlight conditions of physical and economic blight in the area. These conditions can cause further disinvestment and abandonment of properties, dissuading residents from attending areas and potential investors from conducting business in CSE Fresno. • Unsafe and unattractive alleyways. Many of the traditional neighborhoods in CSE Fresno have service alleyways that are unused or abandoned and have turned into places for illegal dumping, graffiti, stray dogs, and crime. • Limited housing choices. Housing options in CSE Fresno are very limited – with most residents either living in more expensive single-family homes, or in more-affordable (albeit isolated) suburban apartments, with very little in between. A lack of “missing middle housing” means there is limited mix of housing types and affordability levels, leading to low homeownership and high housing burden in the CSE Fresno, and in-turn, very limited reinvestment in private properties. CHAPTER 3: Land Use & Urban Design 39 • Unsafe and uninviting public realm. CSE Fresno currently lacks a coherent, interconnected public realm network, deterring bicycle and pedestrian activity. Most public streets are clearly auto- oriented at the expense of bicyclists and pedestrians, with inadequate bicycle facilities, minimal landscaping, street tree canopy, and street furnishings, and narrow or incomplete sidewalks – often immediately adjacent to high-speed travel lanes. Large blocks lacking in pedestrian connections detract from walkability and disconnect residents from their daily needs. Opportunities • Connections at all scales. Improving connections at all scales, from expanding transit to completing the bicycle and pedestrian networks and implementing streetscape improvements, is critical to the success of CSE Fresno. Focusing new patterns of mixed-use development along new and improved routes can facilitate the creation of amenity-rich neighborhood centers that provide residents access to workplaces, daily retail needs, and public spaces within a short walk from their homes. • Proximity to Downtown Fresno. Fresno’s new Bus Rapid Transit (BRT) has considerably improved transit access and frequency in CSE Fresno. The Plan Area’s connection to Downtown via the BRT presents an opportunity to attract people and businesses into the area, bringing investment that can transform the Ventura/Kings Canyon corridor into a higher density mixed-use center and regional tourist destination. • Vacant and underutilized sites. Vacant and underutilized lots along major corridors present opportunities to encourage development of missing activities, housing, and retail in the area. Large land uses like the Fresno Fairgrounds (approximately 70 acres) and its surrounding overflow parking lots are used only for a short time throughout the year and are otherwise underutilized. Similarly, the soon-to-be vacated Internal Revenue Service (IRS) facility will become a 48-acre parcel ready for its next use. These properties, along with many others throughout the area, present significant opportunities for redevelopment that can provide new jobs, business and educational facilities, and additional housing options. • Traditional neighborhoods. The walkable nature of CSE Fresno’s neighborhoods conveys significant potential for a vibrant and safe public realm. Frontage, streetscape, and intersection improvements in a well-connected network of streets and blocks, can provide a pedestrian- and bicycle-friendly environment that fosters connectivity between residential neighborhoods and mixed-use corridors, parks, schools, and workplaces. • Service Alleys. Repurposing and reactivating abandoned alleys could unlock significant value for the properties in these neighborhoods, provide additional affordable dwelling units, and improve overall quality of life. • Existing public facilities. Though there are numerous notable public facilities in CSE Fresno — the Fresno Fairgrounds, Mosqueda Community Center, Fresno Pacific University (FPU), and many public elementary, middle, and high schools— yet most of these facilities are disconnected from residents due to a lack of continuous and safe streets, pedestrian pathways, and bicycle facilities. A safe and walkable public realm, improved frontage conditions, and better programming to activate these public amenities, supported by strategic partnerships and programs, can improve access to and use of these vital resources. 40 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 3.4 Land Use Plan The proposed land use changes in the CSE Fresno Plan Area were produced through a collaborative planning process between the City, project team, Steering Committee, and community members, reflecting the overall vision for CSE Fresno and specific opportunity subareas. Figure 3-2 conveys the overall Land Use Plan for CSE Fresno, with just the specific parcels targeted for land use changes identified in Figure 3-3. It includes several proposed changes in the industrial areas just outside of the Plan Area that will be considered as part of the upcoming South Central Specific Plan Update. Consistent with the Fresno General Plan, parks, open space, and public facilities sometimes carry dual land use designations, as shown in Figure 3-4. These dual designations allow for alternative uses consistent with zoning and development standards to be approved if such facilities are not needed. Key elements of the proposed changes and Land Use Plan include: • Reclassification of some parcels to match uses on the ground today that are likely to remain for the foreseeable future • Higher intensity mixed-use infill along priority corridors and at key opportunity sites • Strengthened neighborhoods that provide a range of housing types • Office, clean tech, and other non-nuisance employment generating uses that provide a buffer between industrial facilities and nearby residential neighborhoods As CSE Fresno continues to evolve over time, this Land Use Plan should be reevaluated to support an expanding system of mixed-use corridors, consistent with the vision and land uses of the Downtown Neighborhoods Community Plan. Land Use Classifications Table 3-1 defines all the land use designations in the Plan Area, and are categorized by residential, mixed-use, employment, commercial, public facilities, and open space uses. These land use classification descriptions include allowable development intensities by designation, which are measured by dwelling units per acre (dua) for residential uses and floor area ratio (FAR) for non-residential uses. CHAPTER 3: Land Use & Urban Design 41 Table 3-1. General Plan Land Use Classifications General Plan Designation Density/ Intensity Description Residential - Low Density 1 - 3.5 dua Large lot residential development Residential - Medium Low Density 3.5 - 6 dua Single-family detached housing Residential - Medium Density 5 - 12 dua Intended for areas with predominantly single-family residential development, but permitted uses also accommodate a mix of housing types, including small-lot starter homes, zero-lotline developments, duplexes, and townhouses. Residential - Medium High Density 12 - 16 dua Mix of single-family residences and townhomes, garden apartments, and multi-family units intended to support a fine- grain, pedestrian scale. Residential – Urban Neighborhood 12 - 30 dua Multi-family residences, condos, and other multi-family units intended to support a pedestrian scale. Commercial - Community FAR 1.0 Commercial development that primarily serves local needs such as convenience shopping and small offices. Allowed uses include medium-scale retail, office, civic and entertainment uses, supermarkets, drug stores and supporting uses. Commercial - General FAR 2.0 Range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential adverse impacts on other uses. Allowed uses include building materials, storage facilities with active storefronts, equipment rental, wholesale businesses, and specialized retail not normally found in shopping centers. Strip malls fall into this designation. Employment - Office FAR 2.0 Administrative, financial, business, professional, medical, and public offices. Mainly intended to apply to existing office uses on smaller lots, generally located on arterial roadways. Retail uses limited to business services, food services, and convenience goods for those who work in the area. Mixed Use -Corridor Center 16 - 30 dua FAR 1.5 Horizontal and vertical mixed-use development in multiple story buildings along key circulation corridors where height and density can be easily accommodated. Primary uses are ground- floor retail and upper-floor residential or offices, with personal and business services and public and institutional space as supportive uses. 42 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN General Plan Designation Density/ Intensity Description Mixed-Use -Neighborhood 12 - 16 dua FAR 1.5 Requires a minimum of 50 percent residential uses and provides for mixed-use districts of local-serving, pedestrian-oriented commercial development, such as convenience shopping and professional offices in two- to three-story buildings. Development is expected to include ground-floor neighborhood retails uses and upper-level housing or offices, with a mix of small lot single family houses, townhomes, and multi-family dwelling units on side streets, in a horizontal or vertical mixed-use orientation. Built form is expected to be small-scale, pedestrian-oriented and walkable. Automobile-oriented uses are discouraged. Employment - Heavy Industrial FAR 1.5 Broad range of industrial uses including manufacturing, assembly, wholesaling, distribution, and storage activities. Small-scale commercial services and ancillary office uses are also permitted. Employment - Light Industrial FAR 1.5 Diverse range of light industrial uses, including limited manufacturing and processing, research and development, fabrication, utility equipment and service yards, wholesaling, warehousing, and distribution activities. Small-scale retail and ancillary office uses are also permitted. Open Space NA Intended for undeveloped park lands and permanent open spaces in the community, including environmentally-sensitive lands, waterways, and wetlands. May include trails and other low-impact public recreational uses, ponding basins, river- bottoms/riverbeds, and airport approach/clear zones. Park NA Intended to maintain areas for active and passive public parks and multi-purpose trails, including outdoor and indoor recreation such as playing fields, trails, playgrounds, community centers, and other appropriate recreational uses. The PR district may include ponding basins or airport approach/clear zones if developed for, programmed, and actively used as recreation fields. Public Facility NA Public or quasi-public facilities, including City facilities, utilities, schools, health services, corporation yards, utility stations, and similar uses. Accessory retail uses and services, including food facilities and childcare, are permitted. CHAPTER 3: Land Use & Urban Design 43 Figure 3-2. Land Use Plan Tulare St Belmont Ave H a z el w o o d B l v d Chestnut AveWillow AveCedar AveButler AveFirstSt Church Ave Jensen Av e Maple AveOrange AveKings Canyon RdVentura St Willow AvePeach AveCalifornia Ave Lane Ave Winery AveEast AveG old e n Sta te Blv d Central Southeast Fresno Specific Plan 0.25 0.50.125 Miles¯0 Legend CSESP Boundary Land Use Change Area Commercial - Community Commercial - General Employment - Office Mixed Use - Corridor Center Employment - Heavy Industrial Employment - Light Industrial Mixed-Use - Neighborhood Open Space Park Public Facility Railroad Residential - Low Density Residential - Medium Density Residential - Medium High Density Residential - Medium Low Density Residential - Urban Neighborhood Land Use Designations Proposed Land Use Changes Proposed Land Use Changes outside of Plan Area to be considered in the South Central Specific Plan FAIRGROUNDS IRS FACILITY 44 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 3-3. Proposed Land Use Changes CHAPTER 3: Land Use & Urban Design 45 Figure 3-4. Land Use Plan – General Plan Dual Designations 46 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Land Use and Urban Design Framework This section introduces opportunities for catalytic new development that will support the creation of a vibrant, livable, and prosperous CSE Fresno. The Land Use and Urban Design Framework Map, shown in Figure 3-5, organizes the Plan Area into distinct corridors, districts, and neighborhoods. The key corridors and districts highlighted represent areas of change, or “subareas,” where there is considerable vacant land and/or significant opportunities for redevelopment, rehabilitation, and public and private improvements that can catalyze positive change in CSE Fresno. These subareas (corridors and districts) and their associated strategies were derived from the “Big Ideas” described in Chapter 2 and articulate a vision for the future uses, character, and experience of each district or corridor in the Plan Area. Apart from these areas of change, the remainder of the Plan Area consists of existing residential neighborhoods – or areas of stability – where City- and community-led programs and incremental changes can improve neighborhood health, safety, and overall quality of life, as described in the Neighborhoods and Housing section. This framework is not intended to describe prioritization of change. Rather, this section serves as a reference guide for both catalytic and incremental changes – such that each new improvement, investment, or project (no matter how big or small), contributes to the intended healthy, active, vibrant, safe, and sustainable future of CSE Fresno. Subareas The subareas in CSE Fresno identified for comprehensive redevelopment include a set of three corridors and three districts. Though unified under a single vision for the entire Plan Area, each subarea possesses its own distinct identity, set of characteristics, and unique opportunity sites that will advance its transformation. Each subarea is defined and described in further detail below. Corridors 1. Kings Canyon Road. Transform Kings Canyon into an active mixed-use corridor. • 1A. Former UMC Hospital. Redevelop the former UMC Hospital Site into a holistic health and wellness center. • 1B. International Shopping and Entertainment Village. Evolve strip shopping centers such as Asian Village into mixed-use/entertainment centers that focus on ethnic food establishments and cultural shopping amenities. 2. Butler Avenue. Create a series of neighborhood centers along Butler Avenue. • 2A. Mosqueda Regional Cultural and Community Center. Build on the success of Mosqueda Center to expand this area into a hub for cultural activities, education, and recreation. • 2B. Hanoian Shopping Center. Redevelop Hanoian Shopping Center into a small mixed-use neighborhood center that will meet the daily needs of residents. 3. Orange Avenue. Evolve Orange Ave into a neighborhood “main street.” Districts 4. Fairgrounds. Activate and strengthen connections to the Fresno Fairgrounds as an important hub for community, cultural, and recreational activities. 5. IRS Processing Center. Redevelop the IRS site into an education campus and/or tech hub. 6. Employment District. Transform industrial areas into a business park/office/R&D district with clean/non-nuisance employment uses. CHAPTER 3: Land Use & Urban Design 47 Figure 3-5. Land Use and Urban Design Framework 48 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 3.5 Goals and Strategies Subareas This section provides place-specific goals and strategies for the subareas of CSE Fresno that are most likely to change in the future. 1. Kings Canyon Road LU-1. Transform Kings Canyon Road into a walkable and lively corridor with a diverse mix of retail, service, residential, cultural, and institutional uses that will attract both local residents and regional visitors. Opportunity: Historically the main highway coming through town, Kings Canyon Road remains CSE Fresno’s primary thoroughfare, connecting to Downtown to the west, and to major shopping centers to the east. Kings Canyon is a six-lane commercial corridor with high traffic volumes but is underperforming in its function as the “main” corridor of the area. Numerous factors contribute to this reality, including challenging market conditions for retail districts and an altogether deteriorated urban environment, characterized by a prominence of vacant/underutilized sites, mostly suburban development patterns, and a low-quality, incomplete pedestrian/public realm. However, there is ample potential for positive change. Along all urban corridors, the street is the thread running through and connecting a series of places, nodes, and centers. The City can leverage Kings Canyon’s new bus rapid transit (BRT) line and advantageous physical characteristics – including a wide right-of-way and proximity to institutions such as the Fresno Fairgrounds and former UMC Hospital – to transform the corridor into a key multimodal connector that provides access to a higher density mixed- use centers, serving as a regional tourist destination bringing people and activities from across the region to CSE Fresno. CHAPTER 3: Land Use & Urban Design 49 Strategies: LU-1.1. Redevelop and improve the UMC Hospital site (1A) and surrounding area to create a Health & Wellness Campus with supportive uses. The former UMC Hospital is a significant opportunity site on the Kings Canyon corridor. It lies at the intersection of Kings Canyon and Cedar Avenue and is primed for redevelopment. The City should work with the County and private sector partners to redevelop the vacant UMC hospital site through a master planning process. Future development plans should include a Wellness Center or Continuum of Care facility offering a range of medical, behavioral health, and social services to provide much needed healthcare services for residents. This could be spread out through the site in a campus-like fashion or it could be consolidated in one specific area allowing the remaining site to be developed with housing that will complement on-site healthcare and social services, such as senior and/or transitional housing. This housing component can incorporate a range of housing options that provide healthcare services at different levels and intensities, providing the full range of transitional housing for elders depending on their needs. In the near term, the large underutilized parking lots fronting Kings Canyon can be immediately activated through temporary events and uses that will enliven the street and support future redevelopment of the County Hospital (see Figure 3-6. UMC Hospital Parking Lot Transformations). This parking lot could become community gathering space that could host food trucks, farmer’s markets, pop-up shops, art festivals, performances, and other temporary events. See Strategy ED-1.6 in Chapter 6 for more details on how the City can allow and encourage temporary uses on vacant and underutilized sites. Opportunity sites in the former UMC Hospital. 50 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 3-6. UMC Hospital Parking Lot Transformations Underutilized parking lot on the south side of the UMS Hospital site has the opportunity to house temporary uses like a food truck park along the street intersection, streetscape improvements that include crosswalks, trees for shading, landscaping and formal on-street parking. Example of a possible food-truck park on the corner of the site creating an activity center along Kings Canyon Rd. Example of a shading structure and landscaping to spatially hold a small intersection corner and to screen the parking lot behind it. Example of crosswalk improvements to provide better connections for pedestrians along the site. An engaging shade structure on the other side of the street provides weather protection. CHAPTER 3: Land Use & Urban Design 51 LU-1.2. Transform the large strip shopping centers along Kings Canyon Road between Chestnut and Willow Avenues into active, mixed-use regional destinations for international cuisine, cultural shopping establishments, and entertainment. (Site 1B on Framework Map) Between Chestnut and Willow Avenues, Kings Canyon Road is flanked on both sides by a nearly a ½ mile stretch of suburban shopping centers (see Figure 3-7). This area encompasses large surface parking lots with underperforming and aging retail buildings that form long superblocks and create an unwalkable environment. As retail economics continue to evolve in the coming years, opportunities may arise for significant infill development along these blocks. Through economic incentives and investments in frontage improvements, the City can facilitate the creation of mixed-use regional centers that transform large strip shopping centers – like Asian Village – around the notion of an International Food Boulevard experience, concentrating international and cultural shopping and restaurant amenities that will both serve local residents and attract regional patrons. The City should establish Ventura-Kings Canyon Design Guidelines that promote mixed-use infill along Kings Canyon Road with active ground-floor uses and engaging pedestrian-oriented frontages. Large underutilized blocks and/or surface parking lots in commercial centers can be subdivided to create new street connections, pedestrian and bike pathways, and public spaces/ plazas, better accommodating infill development of new mixed-use buildings, retail, and multifamily housing. Figure 3-8 illustrates an example of infill development around “big box” commercial centers. The City could also coordinate and support public and private investment efforts along this stretch of Kings Canyon, providing economic incentives to encourage local businesses to rehabilitate and improve building frontages. See Strategy LU-1.4 and ED-1.8 in Chapter 6 for additional recommendations on developing a Facade Improvement and Beautification Program in CSE Fresno. 52 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 3-7. Mixed-use opportunity areas along Kings Canyon Road Figure 3-8. Example of Infill Development of a “Big Box” Retail Site Retrofit and infill development of a typical “Big Box” commercial site (DPZ CoDesign) Typical “Big Box” commercial buildings in a corridor (DPZ CoDesign) Infill opportunity at Pilibos Soccer ParkMixed use opportunity area along Kings Canyon Rd CHAPTER 3: Land Use & Urban Design 53 LU-1.3. Develop and implement a cohesive Streetscape Amenity and Wayfinding Palette for the Kings Canyon corridor focused on placemaking, identity, and branding of the corridor. Kings Canyon Road presents a significant opportunity to improve the street character in a way that reflects and celebrates the unique character of CSE Fresno. Cohesive and coordinated streetscape furnishings, lighting, signage, and wayfinding elements can help reinforce a sense of identity, branding the corridor as a multicultural shopping and entertainment destination. For example, public art and unique multicultural elements could be integrated into public spaces, street furnishings, and paving. To achieve this, the City should develop and implement a cohesive Streetscape Amenity and Wayfinding Palette for Kings Canyon focused on placemaking and branding of the corridor. This strategy is part of the larger recommendation to develop a distinctive brand for CSE Fresno, as described in Strategy ED-1.7 in Chapter 6. Additional design and street reconfiguration recommendations for Kings Canyon Road are described in more detail in Chapter 4. Transportation, Public Realm, and Infrastructure. LU-1.4. Incentivize frontage improvements to renovate aging and vacant commercial buildings, attract new businesses, and strengthen existing ones. Along most of the corridor, Kings Canyon Road supports a suburban land use pattern characterized by abundant surface parking that separates the street from the surrounding buildings that frame it. On small stretches of the corridor where existing buildings do front the street, their frontages are generally dilapidated and uninviting. The City should encourage property owners to improve building frontages and facades by establishing a frontage and facade revolving loan fund for property owners. Revitalizing storefronts through simple improvements such as repairs, new paint, and attractive signage can create positive visual change in the neighborhood and improve economic vitality. The City, property owners, and local businesses could also consider establishing a Kings Canyon Corridor Improvements District (or similar organization) to help coordinate and implement such improvements. This strategy is part of a larger recommendation to develop a Facade Improvement and Beautification Program for CSE Fresno, as detailed in Strategy ED-1.8 of Chapter 6. New BRT Station on Kings Canyon Rd.Commercial signage examples along a corridor 54 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 3-9. Kings Canyon Existing and Proposed Street Section Figure 3-10. Transformations along Kings Canyon Road Kings Canyon final state will provide wide shaded sidewalks with landscaping, cohesive street furnishings, a buffered biking lane and a landscaped median. The bike lane could also potentially become fully protected, as shown. This multimodal corridor will also contain a mix of uses. Existing retail along Kings Canyon suffers from a car-oriented design. Sidewalks have no buffer or landscaping between the pedestrian and the fast-moving car. Further lack of tree-shading, and engaging storefronts dissuades people from walking to businesses, causing infrequent buyers even on main avenues. See Chapter 4, Figure 4-7 for more information on how to incrementally improve the Kings Canyon corridor streetscape. Incremental transformation of Kings Canyon showing a new landscaped median, buffered bike lanes and facade improvements to existing buildings. CHAPTER 3: Land Use & Urban Design 55 Figure 3-9. Kings Canyon Existing and Proposed Street Section Figure 3-10. Transformations along Kings Canyon Road Current conditions of Kings Canyon show narrow sidewalks without landscaping, multiple vacant lots, and building frontages that do not engage and activate the street. The first step in the transformation of Kings Canyon should involve streetscape improvements that provide an inviting public realm, such as: restriping lanes to add on-street parking with bulb-out planters to shade the sidewalk and adding a buffered bike lane. Now, Kings Canyon will provide a multimodal environment. As resources become available, the City should implement a cohesive streetscape palette and facade improvements program to beautify the public realm and building frontages Further temporary and tactical interventions, such as outdoor seating on parking lanes, can occur to activate retail. 56 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 2. Butler Avenue LU-2. Build on existing institutions and opportunity sites along Butler Avenue, particularly near Maple Avenue, to create a series of central neighborhood- supporting hubs for daily retail and service needs, cultural activities, education, and recreation. Opportunity: Along Butler Avenue, particularly at its intersections with Cedar and Maple Avenues, a number of vacant and underutilized sites present opportunities for community-oriented mixed-use development. These sites are central to the Plan Area and are located within walking distance of the surrounding traditional neighborhoods. In particular, the community envisions the Mosqueda Center – located at the intersection of Butler and Maple Avenues – as a key hub for recreational and social activities. The Mosqueda Center and Fresno Fairgrounds lend this area a strong civic use component. New mixed-use infill development on nearby vacant parcels can build on these community anchors. Such development has the potential to reduce automobile trips by providing shops, healthy food options, basic services, and new neighborhood gathering spaces within a short walking distance of housing. This mix of public amenities, commercial and service centers, jobs, and housing can create a significant neighborhood center at the heart of the community. Key Sites along Butler Avenue CHAPTER 3: Land Use & Urban Design 57 Strategies: LU-2.1. Transform Mosqueda Center into a Regional Community Center by expanding facilities and constructing a new youth, senior, and/or cultural center extension on surrounding vacant parcels. The Mosqueda Center is a highly valued community resource with potential to grow and satisfy a larger area with further investment and improvements. The vacant lots to the west and south of the Mosqueda Center can easily accommodate new expansion, featuring additional event spaces, classrooms, outdoor recreational programming, youth services, social services, classes, and cultural events. Some of these programming options can be coordinated in cooperation with local non-profits. The City should develop an expansion plan for the Mosqueda Center that identifies funding sources, phases of the development, and partner agencies and organizations. LU-2.2. Promote retail and multifamily infill housing development on vacant parcels surrounding Mosqueda Center to further activate the area. Mixed-use infill in this area presents an opportunity to create a neighborhood center building on and supported by key community recreation and social activity hubs – Fresno Fairgrounds and Mosqueda Center. This area would serve as a convenient location for multigenerational and senior housing, as the nearby Mosqueda Center provides senior services. Furthermore, the previous theater site and its parking lot on Butler Avenue can be consolidated and adaptively reused. These efforts should be supported by streetscape improvements that enhance walkability. The City should ensure that future development of these large parcels creates new street connections through over-sized blocks. Pedestrian and bicycle connections are of high importance due to the numerous nearby public facilities. New buildings should front major avenues in order to provide an active street frontage and “eyes on the street.” While development should be concentrated at the intersection of Butler and Maple Avenues, smaller neighborhood parks and open spaces in the interior vacant parcels pose the potential for a multi-functional community space. Figure 3-11 shows a conceptual plan for the vacant parcels north of the Mosqueda Center. For more detailed information on parks and recommended improvements to Mosqueda Center, see Chapter 5. Parks and Open Space. Potential Mosqueda Center activities 58 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 3-11. Conceptual Plan for Redevelopment of Vacant Site North of Mosqueda Center The inactive theater and parking lot could be activated with tactical uses such as movie screenings (below). Community movie screening. Photo Credit: Film L.A. CHAPTER 3: Land Use & Urban Design 59 LU-2.3. Create a new mixed-use neighborhood node around the vacant Hanoian Shopping Center to ensure that residents can meet their daily needs within a comfortable walking distance. The Hanoian supermarket structure at Butler and Cedar Avenues (the property owner is currently awaiting a grant for remediation) can be feasibly repurposed as a new mixed-use neighborhood center within walking distance of many residents. The existing building already houses basic neighborhood services, such as a laundromat and a dry cleaner. Potential future development on this site can include amenities and uses such as a small grocery store, makerspaces, market, community garden, office space for local nonprofits, and/or housing. In the short term, temporary tactical uses around the existing structure can provide near-term activation of the site. The existing taco truck and shelter at the corner of Butler and Cedar Avenues exemplify such a strategy and should be supported. For example, a temporary tree farm could be established on the empty lot east of the building. The tree farm could be founded on a joint agreement with Public Works and Tree Fresno to use the trees for future landscaping on streets in the Plan Area. The area where the trees are growing could be utilized as a community gathering space for events. The City should work with the property owner and Every Neighborhood Partnership to promote temporary uses. Existing Hanoian’s structure and parking lot could host a makerspace for artists / entrepreneurs (right). Photo credit: Rick Ele Makerspace. Photo credit: FabHub Transformation of a vacant lot in Buffalo, NY into a community garden. Photo credit: Landscape Architecture Magazine Small neighborhood retail center 60 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 3. Orange Avenue LU-3. Intensify, activate, and beautify Orange Avenue, building on its existing character to strengthen its identity and appeal. Opportunity: While most commercial uses in CSE Fresno are located along Kings Canyon Road, Orange Avenue contains a cluster of commercial activity around and to the south of Butler Avenue. Orange Avenue is located near Downtown Fresno and connects to Ventura Avenue (the continuation of Kings Canyon Road) to the north and to industrial, office, and other commercial uses to the south. Currently, most non-residential buildings in the area are set back from the street behind parking lots, creating an unfriendly pedestrian environment. The avenue has recently been equipped with incomplete Class II bike lanes that should be completed to ensure safe multimodal travel. Throughout the planning process, the community expressed concerns about noise and safety impacts of existing recycling centers and other light industrial properties along the corridor. As these uses are phased out and replaced by new mixed-use development, Orange Avenue can evolve into a charming neighborhood main street. The relationship between buildings of varying uses and the streetscape must be well calibrated along Orange Avenue in order to create a continuous, cohesive, and active street environment. These efforts should be combined with traffic calming measures and improved connectivity with surrounding areas to enhance the pedestrian experience. Both public and private investments are required to support this transformation. Lots along S Orange Ave correlating to photo transformations on the following pages. CHAPTER 3: Land Use & Urban Design 61 Strategies: LU-3.1. Implement coordinated streetscape and frontage enhancements along Orange Avenue to revitalize and activate the public realm. Orange Avenue is envisioned to become an active and pedestrian-friendly corridor that supports walkability and incentivizes retail and other neighborhood-serving uses. To enliven the street environment, business owners should improve building facades and use their frontages as extensions of the sidewalk, dedicating them as spaces for outdoor dining or merchandising by applying for an outdoor dining permit or an encroachment agreement. (See Figure 3-13. Fresno Super Market. Fresno Supermarket as an example). Improvements to multimodal infrastructure are also needed to enhance safety and activate the public realm. The City should work to implement coordinated streetscape improvements through the development of a routine maintenance policy to create a safer and more pedestrian- friendly environment. The improvements to be considered in the policy would include wider sidewalks, corner bulb-outs, and cohesive landscaping and street trees (See Figure 3-13, Figure 3-13. Fresno Super Market, and Figure 3-15 as examples). The addition of on-street parking with broad street trees in planters can create a buffer between pedestrians and moving vehicles, increasing pedestrian comfort and safety. Additional design and street reconfiguration recommendations for Orange Avenue are described in more detail in Chapter 4. Transportation, Public Realm, and Infrastructure (Strategies T-1.1 and T-4.2). Frontage improvements along Orange Avenue can be incentivized through a Facade Improvement and Beautification Program, as outlined in Strategy ED-1.8 in Chapter 6. Figure 3-12. Streetscape Improvements along Orange Avenue 62 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 3-13. Fresno Super Market The Existing Fresno Super Market does not provide an active front towards the street, as it is mostly a large blank wall. In addition, narrow sidewalks, an underutilized side parking lot, and a lack of pedestrian and bicycle facilities create an uninviting experience for all people not traveling by car. As resources become available, permanent streetscape improvements should include bulb-outs that extend the sidewalk in front of the supermarket as well as pedestrian and bicycle facilities and mature trees for shading. The super market can then utilize the extended sidewalk for permanent outdoor furniture installations creating a proper commercial front. Initial streetscape improvements on Orange Ave can be of a more temporary nature. These should include restriping and interim landscaping. Meanwhile, the market can provide a more prominent entrance from the street to improve its street presence. The parking lot next door can be used as an opportunity to create shaded outdoor seating arrangements for customers. CHAPTER 3: Land Use & Urban Design 63 Figure 3-14. Idea Works Central Southeast This site currently does not activate the street, but minor private frontage improvements could transform it into an inviting commercial building. Potential improvements include facade upgrades, signage, and outdoor seating. The public frontage improvements include buffered bike lanes, painted crosswalks, wider sidewalks with on street parking, bulb-outs, and trees for shading. 64 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN LU-3.2. Facilitate the adaptive reuse of vacant and underutilized sites along Orange Avenue to provide new neighborhood assets. Orange Avenue contains several parking lots, underutilized buildings, and vacant sites that can be adaptively reused to provide amenities for nearby residents. The City should prioritize the approval of permits for uses that directly support the community’s vision for a healthy and thriving neighborhood, such as outdoor food sales and seating, makerspaces, and public plazas (see Figure 3-16 and Figure 3-17). In the short-term, this could be achieved by converting on- street parking spaces into parklets and underutilized parking lots or vacant lots into temporary public spaces with programming that would allow people to gather and socialize (e.g. movie nights or musical performances). Examples of these temporary “pavement-to-parks” type improvements include parklets and temporary plazas with seating, planting, bicycle parking, lights, and art, among other amenities, which are typically constructed from inexpensive or salvaged materials and through volunteer labor with little public assistance. A first step could be to identify potential sponsors and resources for the implementation of pavement-to-parks improvements and then construct a pilot project along Orange Avenue, which could be used to inform the location, design, programming of a more permanent public space along the corridor (see Strategy LU-3.3). See Strategy ED-1.6 in Chapter 7 for more details on how the City can allow and encourage temporary uses on vacant and underutilized sites. For additional details on supporting adaptive reuse of buildings, see Strategy ED-1.2. Figure 3-15. Fresno Recycling - Site 2 This recycling facility transformation highlights streetscape improvements, including a buffered bike lane and on street parking, as well as better landscaping. The parking lot could be activated with a corner café and seating, turning it into a small activity center. CHAPTER 3: Land Use & Urban Design 65 Underutilized parking lots at key intersections provide an opportunity for temporary uses and future development. The intersection of Butler and Orange Ave would benefit from landscaping and sidewalk improvements. A restaurant on the corner could create a more formal outdoor seating space to attract customers while the large surface parking lot could host temporary uses like food trucks to activate the corner. Figure 3-16. Tactical Uses Along Orange Avenue LU-3.3. Construct a public open space along Orange Avenue that can be used for community gathering and events. The City should facilitate the construction of a public park or plaza along the corridor. The plaza could be a place for community events such as movie nights or musical performances. This venue can become a community-building asset for the surrounding neighborhoods, and it can be carved out of an underutilized surface parking lot at an intersection to provide it greater exposure (See Figure 3-16 for an example). LU-4.4. Work with property owners to minimize negative impacts from recycling and traffic- generating uses near homes. Throughout the planning process, the community expressed concerns about noise and safety impacts of existing recycling centers and other light industrial properties along the corridor. The City should work with property owners to minimize the negative impacts from recycling and traffic-generating uses by incentivizing the installation of screens, landscaping, and other buffers to reduce noise and visual impacts and by working with the City Councilmember’s office to create a retrofit program. See Strategies PH-4.1 and PH-4.2 for additional recommendations on how to ensure compatible uses and protections for residential neighborhoods. 66 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN The Big Fresno Fair. Photo Credit: fresnofair.com 4. Fresno Fairgrounds LU-4. Activate and integrate the Fairgrounds into the existing fabric of the community. Opportunity: The Fresno Fairgrounds, located near the heart of the Plan Area, receives more than 1.7 million annual visitors and generates over $68.8 million in revenue for the County (Fresnofair.com). Despite the Fairgrounds’ own internal success, CSE Fresno’s limited retail and recreational offerings provide little reason for patrons of the Fairgrounds to spend time or money in the rest of the community. For security reasons, the perimeter of the Fairgrounds is largely walled off and inaccessible to the public. Due to the large demand for conveniently located parking to support fairgoers, the Fresno Fair also buys and leases many large sites in the area that are mostly underutilized for the remainder of the year. These factors adversely impact the surrounding neighborhoods and perimeter streets — such as Butler Avenue, Maple Avenue, and the Kings Canyon corridor — as they impede efforts to activate the public realm. Coordinated development and infrastructure improvements should be prioritized to ensure that the Fairgrounds becomes an anchor that supports the CSE community. Strategies: LU-4.1. Activate the Fairgrounds entrance by constructing a neighborhood-facing public plaza and allowing temporary events and uses on the Chance Ave parking lot. The Fairgrounds entrance is located within a residential neighborhood, and is generally nondescript with a large surface parking lot sitting opposite it. To better connect the Fairgrounds with the existing fabric of the neighborhood, a neighborhood-facing public plaza could be constructed at the Fairgrounds entrance on Chance Avenue, creating a stronger presence and CHAPTER 3: Land Use & Urban Design 67 The existing facade wall is a playful way for the Fairgrounds to meet Kings Canyon Road, but it lack active uses. Big Fresno Fair. Photo credit: Sami Yousif community amenity for nearby residents. To further activate the area, the large parking lot at the intersection of Lane and Chance Avenues could be used for temporary/special events such as a weekly farmers market, artisans’ market, and other smaller festivals. The City should work with the Fresno Fair and the County of Fresno to develop a strategy to create the plaza, and work with local community organizations to program the plaza. LU-4.2. Construct active liner spaces such as shops, kiosks, and cafes along the perimeter of the Fairgrounds, particularly the Kings Canyon and Butler street frontages. To create a more engaging frontages along the Kings Canyon and Butler Avenue perimeters, the City should work with the Fresno Fair to construct active liner spaces such as kiosks, pop-up shops, and cafes that support incubators/small retailers and mobile vendors. As these corridors grow and develop into more active mixed-use corridors these temporary spaces could evolve into permanent retail buildings that provide continuous active frontages. LU-4.3. Activate underutilized overflow parking lots around the Fairgrounds for recreational sports and other temporary events and uses. The City should pursue and facilitate joint-use agreements with the Fresno Fair to allow for and program temporary use of its underutilized overflow parking lots for recreational sports fields, temporary venues for special events, and other activities that have been requested by the community to expand its services for the Area. The City should work with community organizations such as Every Neighborhood Partnership and Neighborhood Church to help program the events. One example of such a use could be a temporary street-tree nursery (for later use in CSE Fresno once matured to the point of being ready to plant), where potted saplings could even be arranged to help organize parking bays on these sites. See Strategy P-1.5 in Chapter 5 and Strategy ED-1.6 in Chapter 6 for related recommendations on how to better utilize the Fairgrounds’ overflow parking lots. 68 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN LU-4.4. Work with the Fresno Fair to publicize and lease existing/new event spaces to CSE Fresno residents and businesses at no or low cost. There is strong community desire for additional large gathering spaces that can be rented affordably for social gatherings. The Fairgrounds contains several such facilities that are empty most of the year and could satisfy the community’s need. The City could work with the Fresno Fair to evaluate the potential of utilizing the Fairgrounds for additional community activities. If the Fairgrounds are found to be suitable the City could work with the Fresno Fair to promote and facilitate use of these spaces, leasing them to local residents and businesses at low or no cost. LU-4.5. Develop a local marketing campaign to better publicize and promote year-round events at the Fairgrounds. The Fairgrounds hosts many year-round events in addition to the Big Fresno Fair, yet these events are not widely known or attended by the local community. The City should work with the Fresno Fair to develop a local marketing campaign to publicize and promote year-round events, and to curate events specific to the needs of CSE Fresno. This could include working with local community organizations and businesses to publicize events, taking out ads on local radio stations, advertising via social media, posting flyers at schools and community centers, and/or donating tickets. CHAPTER 3: Land Use & Urban Design 69 Temporary activation of a vacant lot. Photo credit: CarrieGartner.com 70 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 5. IRS Facility LU-5. Redevelop the former IRS facility site as a technology-centered employment and education campus that can provide training, jobs, and residences for workers and students. Opportunity: Located at the corner of Butler and Willow Avenues, the 48-acre Internal Revenue Service (IRS) Processing Center facility is primed for redevelopment due to its size, vacant status, and proximity to several amenities including parks, schools, retail, and the new BRT line along Ventura/Kings Canyon Road. Throughout the planning process, the community conveyed a strong desire to repurpose this technologically-equipped series of buildings into a tech-education campus or center that could offset some of the lost jobs by providing new education and employment for residents of CSE Fresno. When redeveloped, this site should utilize more strategic and spatially efficient parking solutions in order to better utilize this large area of land. New mixed-use buildings can provide affordable student and teacher housing and commercial services supporting the new education campus. Though the site is the size of 10 traditional neighborhood blocks, it has no through streets. In the future, multiple streets should cross through the site – new north-south connections must link Butler Avenue to Lane Avenue, especially to the west in order to reconnect Willow Avenue. East-west streets should connect to adjacent neighborhoods, fostering connectivity in the area. This aerial view illustrates one way to accomplish LU-5 (redevelopment of the former IRS site). In this example, the IRS facility and parking lots are converted into a technology,employment, and education campus. The western remaining portion of the IRS structure could accommodate parking for the new institutional buildings, using efficient parking technology. Elsewhere on the site, new streets connecting to the existing neighborhood fabric can create traditional neighborhood blocks to accommodate new residential and supportive commercial development around this new center of employment and activity. A bike lane lined with trees would align with Willow Avenue, while north- south vehicular traffic would be deflected around gateway open spaces and into the campus. Further details are provide in LU-5. Figure 3-18. Conceptual Improvements to the IRS Facility Site This aerial view illustrates one way to accomplish LU-5 (redevelopment of the former IRS site). In this example, the IRS facility and parking lots are converted into a technology,employment, and education campus. The westmost remaining portion of the IRS structure could house a critical mass of parking for the new institutional buildings, using efficient parking technology. Elsewhere on the site, new streets connecting to the existing neighborhood fabric can create traditional neighborhood blocks to accommodate new residential and supportive commercial development around this new center of employment and ac- tivity. A bike lane lined with trees would align with Willow Avenue, while north-south vehicular traffic would be deflected around gateway open spaces and into the campus. Further details are provide in LU-5. CHAPTER 3: Land Use & Urban Design 71 Figure 3-18. Conceptual Improvements to the IRS Facility Site This aerial view illustrates one way to accomplish LU-5 (redevelopment of the former IRS site). In this example, the IRS facility and parking lots are converted into a technology,employment, and education campus. The westmost remaining portion of the IRS structure could house a critical mass of parking for the new institutional buildings, using efficient parking technology. Elsewhere on the site, new streets connecting to the existing neighborhood fabric can create traditional neighborhood blocks to accommodate new residential and supportive commercial development around this new center of employment and ac- tivity. A bike lane lined with trees would align with Willow Avenue, while north-south vehicular traffic would be deflected around gateway open spaces and into the campus. Further details are provide in LU-5. Strategies: LU-5.1. Facilitate the redevelopment of the former IRS facility as a technology and/or education campus. The City should work with property owners over time to redevelop the former IRS facility into a high-tech employment and education campus with a mix of high-tech offices, education, public uses, and supportive retail. To complement and support education, employment, and commercial uses, new affordable workforce or student housing can be developed or contained within new public buildings. Additionally, other residential unit types can be developed along new neighborhood streets and along Butler and Lane Avenues, providing a natural transition to adjacent neighborhoods. As a first step, the City should establish an exploratory working group to identify potential users, funding opportunities, and partners to redevelop the site. This group should include local educational entities, tech firms, trade representatives, government agency representatives, and multi-family housing developers. LU-5.2. Enhance connections to and from the IRS site and surrounding neighborhoods, transit, and commercial centers. Future development should subdivide the IRS site into smaller, more walkable blocks with new street connections and pedestrian/bicycle pathways that will improve access to and from surrounding neighborhoods. The City should require the developer of this site to submit a master plan that meets the subdivision requirements of Article 41 in the Citywide Development Code. This involves at least two north-south connections through the site, from Lane Avenue to Butler Avenue, and the possibility of east-west connections to the adjacent residential neighborhoods. Figure 3-18. Conceptual Improvements to the IRS Facility Site depicts a 3-dimensional massing for one possible scenario for subdividing this land and adaptively reusing the IRS facility. See Strategy T-2.1 in Chapter 4 for additional recommendations for creating new roadway and bicycle/pedestrian connections in the Plan Area. Office campus Tech Education Center. Photo credit: College of DuPage 72 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 6. Employment District LU-6. Promote office and clean/non-nuisance employment uses while ensuring compatibility and protections for residential neighborhoods. Opportunity: Throughout the planning process, the community expressed concern about existing industrial uses and vacant lots south of California Avenue directly abutting residential neighborhoods. These properties should be consolidated and transformed into an office-oriented or mixed-use employment district that accommodates research facilities, offices, and tech firms supported by a walkable, transit-rich environment. This transition would provide more high-wage jobs and create a workplace for residents living in adjacent neighborhoods. Existing dead-end neighborhood streets to the north could then connect to California Avenue to enable multimodal access to jobs. CHAPTER 3: Land Use & Urban Design 73 Opportunity for a business park to transition between industrial properties and residential neighborhoods Strategies: LU-6.1. Actively market vacant and underutilized industrial land to potential office, R&D, and tech firm tenants. The City should work to expand R&D, business park, office, and other non-nuisance or non- polluting employment uses around California Avenue to provide local job opportunities and buffer residential neighborhoods from heavy industrial uses. This process should include identification and active marketing of vacant or underutilized land recommended for Office (see Figure 3-2. Land Use Plan) to potential tenants. The City could pursue grant funds to develop marketing sheets for each opportunity site that provide useful information to developers and businesses such as availability of suitable commercial and industrial buildings, ownership status, parcel size, existing uses and regulations for the site, known environmental issues, and infrastructure needs, and highlighting the area’s proximity to freight rail, transit, and major highway corridors. LU-6.2. Develop a target business attraction strategy for the employment district. While marketing is an important part of the strategy to transform this district, the City will also need to target and attract specific industries desired in the area. This could be achieved by developing a business attraction strategy, to include researching and developing a list of office, R&D, technology, and other clean/non-nuisance businesses that would be well suited to the district and community. Research should be focused on companies that have the potential for growth, expansion, and/or relocation. The City may also partner with the commercial brokerage community to connect business owners with new real estate opportunities, ensuring that commercial brokers are tied into the local economic development, community, and business networking groups. The City Councilmember’s office should consider developing an incentive program for businesses that locate in the California Avenue area similar to the City of Fresno’s 2018 Support Small Business Act. 74 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN LU-6.3. Analyze and modify existing regulations to reduce the negative impacts of commercial and industrial uses on nearby neighborhoods. Existing industrial uses in the southern part of the Plan Area produce air pollution, noise, and heavy truck traffic that can negatively impact the health and safety of nearby residents. The City should work with the businesses to analyze the effects of existing operations and identify potential solutions to minimize these negative externalities on adjacent residential areas. For example, incentivizing physical buffers, such as wide setbacks, extensive landscape areas, fencing, and noise barriers can help separate and protect existing homes from the negative impacts of rail and industrial uses. See Strategies PH-4.1 and PH-4.2 in Chapter 7. Quality of Life for additional information and strategies to address land use compatibility and health and safety protections for neighborhoods. Business park Office park with a walkable and pedestrian oriented approach to the street CHAPTER 3: Land Use & Urban Design 75 Neighborhoods and Housing Throughout the planning process, the community expressed a strong desire to strengthen residential neighborhoods by improving connections to parks, community centers, schools, and jobs, addressing public safety concerns, and improving housing affordability. These desires respond to very real issues in the community. Most residential neighborhoods in CSE Fresno consist of suburban housing types that lack diversity and cannot accommodate households at different stages of life. Further complicating matters are deteriorating properties, unregulated building additions, neglected streetscapes, and abandoned alleys that have created public safety issues. Neighborhood streets, meanwhile, lack human scale and provide few, if any, spaces for gathering and enjoyment. Consequently, this Plan establishes goals and strategies to preserve and strengthen existing neighborhoods, while providing a diversity of housing that accommodates a broad range of household sizes, stages of life, and income levels. 76 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN LU-7. Pursue policies and programs that support housing stability and mitigate displacement. LU-7.1. Develop pilot programs to minimize displacement. The City should coordinate with the Fresno Anti-Displacement Task Force and launch a pilot project to explore and test anti-displacement programs in the community. If successful, these policies could be implemented city-wide. This will help minimize displacement of current residents. LU-7.2. Construct temporary housing options in CSE Fresno (e.g. Tiny Home communities) for homeless residents or others in need of transitional housing. The City should work with Fresno Housing as well as other partner agencies and community- based organizations to create temporary housing options in CSE Fresno (e.g., Tiny Home communities) for homeless residents or others in need of transitional housing. This might include conducting studies to find suitable sites and pursuing funding to build temporary housing in the area. LU-7.3. Preserve existing low-cost housing. The City should provide financial incentives to preserve existing low-cost housing. This process could include creating an affordable housing fund that can be used to acquire affordable housing developments at risk of conversion and supporting upgrades to existing affordable housing. LU-7.4. Expand homeownership programs and improve access to existing programs offered by the City. The City should develop programs to increase homeownership rates in order to provide greater neighborhood stability. Some of these programs may include: working with local banks to promote rent-to-buy policies or programs; developing “opportunity to purchase” legislation requiring owners to notify tenants of intent to sell, and providing an opportunity to purchase; and creating low-income housing funds to purchase, rehabilitate, and then sell homes to qualifying families. CHAPTER 3: Land Use & Urban Design 77 Senior Citizens Village in CSE Fresno CSE Fresno residential neighborhood Multi-family housing Townhomes Tiny home 78 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Neighborhood retail node with housing behind LU-8. Improve the safety, quality, and condition of housing structures and the neighborhoods they inhabit. LU-8.1. Provide property owners with information, resources, and funding to address code violations and health issues in buildings. In existing residential neighborhoods, there are illegal units, additions, and modifications to buildings that lack proper permitting. Similarly, some properties are in a state of disrepair that violates building codes and poses a threat to health and safety. The City should conduct proactive code enforcement audits and work with property owners to address code violations and health issues in buildings, such as pests and mold, that compromise the health of residents. As part of this strategy, the City should work with additional agencies and organizations, such as Fresno Housing, Self-Help Federal Credit Union, and Habitat for Humanity, to create a fund to help homeowners pay for renovations, repairs, and upgrades. City communication channels such as websites, newsletters, and other venues can be used to educate landlords and residents on existing programs and resources, such as the County’s Lead Hazard Control Program, which educates residents on lead-based paint risks and precautions and provides financial assistance to fix lead hazards in homes. See Strategy PS-2.1 in Chapter 7 for additional recommendations related to maintenance and code enforcement efforts to improve health and safety. LU-8.2. Continue to implement and support rental housing registration and inspection. The City should continue to implement its rental housing registration and inspection program and work to certify residential rental units, single-room occupancy hotels (SROs), and boarding homes in CSE Fresno. This might include partnering with the Independent Living Association for certification and educating landlords and tenants on rights and responsibilities. Housing in need of repair in CSE Fresno CHAPTER 3: Land Use & Urban Design 79 LU-8.3. Develop an Alley Improvement Program to help residents repurpose or transform alleyways into active and safe spaces. The City should develop an Alley Improvement Program to address safety and blight issues in alleys and help residents repurpose or transform alleys into active and inviting spaces. This program could include resources, tools, and guidelines to: • Physically improve alleys by repaving, adding lighting, and installing security cameras, in coordination with Public Works. • Reopen and use alleys for rear-access, services, and deliveries and to facilitate use of alleys for new affordable Accessory Dwelling Units (see Strategy LU-9.3). • Privatize or vacate alleys where all adjacent residents would prefer to close off the alleyway entirely (including moving fences and property lines). • Create green alleys for stormwater retention and treatment, and transform alleys into community gardens. • Convert alleys into linear parks or greenways. Green residential alley rendering. Photo credit: SALT-la.com Residential alley transformation. Photo credit: SALT-la.com Existing residential alley in CSE Fresno. Photo credit: ABC30 Fresno 80 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Residential Neighborhood Improvements The strategies in this section respond to the community’s desire to preserve and strengthen the character of the single-family neighborhoods, using planning methods which enhance neighborhood streets, improve connections to services, jobs, and daily needs, and provide a diverse range of housing options for residents of CSE Fresno. The series of vignettes below illustrate how these strategies could work in tandem to accomplish this vision. Neighborhood Lanes and Infill Housing 1. Existing neighborhood fabric Many alleys in the Plan Area have either been abandoned or were never actually utilized at the time of development, where “front-loaded” suburban development types and patterns (with garages projecting in front of the house, and the front “yards” visually dominated by driveways and parked cars) were favored over the traditional types and patterns the platting was designed to receive. Not only have these patterns created degraded, unsafe conditions in the alleys themselves, they have left a tremendous amount of untapped value in neighborhoods. First, by reactivating the alleys—and taking advantage of their intended purpose as means of access to garages and accessory dwellings—the neighborhoods will be able to seamlessly intensify and provide new housing units. Accessory Dwelling Units (ADUs) are allowed by State Law, without additional parking requirements. In CSE Fresno, embracing these new units and facilitating their development will provide a new housing type to the area that can be more affordable for residents of different backgrounds and support residents as their housing needs change over time. As the neighborhoods develop and as resources become available, other traditional housing types that will require alley access should be developed. These developments should be incentivized on blighted properties and vacant parcels that create unsafe areas in neighborhoods. Alley reactivation and improvements will free up neighborhood streets, allowing them to provide continuous sidewalks and parkways, uninterrupted by driveway-cuts. This also creates significantly more on-street parking. Additionally, the houses themselves could convert their projecting (front) garages into habitable space, improving the overall neighborhood aesthetic, adding “eyes on the street,” and enlivening the public realm. Car-oriented neighborhood streets will then become outdoor rooms that are viewed as places to be enjoyed, not just traveled. This improved public realm will increase the overall property values within these neighborhoods and the area. CHAPTER 3: Land Use & Urban Design 81 4. Alley-loaded lots & pedestrian friendly frontages & streets 2. Additional dwelling units accessed from the alleys 3. Existing fabric with ADU’s and footprints of infill housing 82 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN LU-9. Expand housing supply to accommodate households of all sizes, stages of life, and income levels. LU-9.1. Encourage and support high-quality infill housing development in CSE Fresno. The City should encourage the redevelopment of blighted and vacant parcels with new high- quality multi-family or single-family housing that face and are accessed from the sidewalk. New multi-family and single-family buildings should be house-like in form and have engaging and attractive residential frontages. Incentives can include permit processing assistance, subsidized or deferred development application fees, and partnerships with financial institutions to provide financing for purchase and construction of projects of this kind. The City may want to explore implementing a Neighborhood Revitalization Zone (from the Citywide Development Code) throughout residential zones in the Plan Area, in order to promote “missing middle” housing infill types. Missing middle housing types – such as duplexes, fourplexes, and bungalow courts – are similar in form and character to single-family homes but provide greater variety of unit sizes and configurations to accommodate a broad range of household sizes and income levels. Potential locations for significant infill housing are outlined in the previous Subarea goals and strategies. LU-9.2. Facilitate the development of new income-restricted affordable housing, including senior, workforce, and student housing. To encourage the development of new income-restricted affordable housing, the City should provide a series of development incentives supporting projects of this kind. These incentives can include permitting and processing assistance, subsidized or deferred development application fees, and working with financial institutions on providing financing for purchase, construction, and rehabilitation of projects of this kind. Additionally, the City should aggressively pursue grants and new funding sources to support affordable housing development. The City should partner with Fresno Housing, Habitat for Humanity, and Self Help Enterprises to provide income-restricted housing as these organizations are currently the primary provider of affordable housing in Fresno. Potential locations for senior, workforce, and student housing include the former UMC hospital and IRS facility sites, as outlined previously in the Subarea goals and strategies. CHAPTER 3: Land Use & Urban Design 83 LU-9.3. Encourage and facilitate the building of backyard or alley ADUs in existing residential neighborhoods. Accessory dwelling units (ADUs) provide the opportunity to seamlessly and gently intensify neighborhoods. The addition of ADUs in the back of lots (or in converted “front garages”) would add to the overall housing stock and maintain affordable housing choices, while the overall property values within these neighborhoods could increase. The City should streamline the process of approving ADUs. One way to do this is to develop an ADU toolkit of pre- approved drawings and a kit of parts and architectural styles and materials for ADUs to maintain the character of existing single-family neighborhoods. In turn, these new units will bring activity and “eyes on the street” to alleys, converting them into inviting and safe “neighborhood lanes.” (See Strategy LU- 8.3 for additional strategies to improve alleyways.) ADU Cedar Heights affordable housing development in CSE Fresno. Photo credit: TFS Investments 84 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 4: Transportation, Public Realm, Infrastructure 85 transportation, ch. 44 public realm, & infrastructure Photo credit: NACTO 86 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 4: Transportation, Public Realm, Infrastructure 87 transportation, public realm, & infrastructure 4.1 Introduction Transportation infrastructure is a critical component of any neighborhood. It should not only afford the public opportunities for convenient, comfortable, and safe travel within the neighborhood, but also provide the same connections to other neighborhoods and the regional network. Throughout the planning process, it became clear that safe, convenient access to transit, cycling and walking were a high priority for the Central Southeast community. The Central Southeast neighborhood has five arterials and a network of wide collector streets that present obstacles to walking and biking. Many of these streets need a strategic rebalancing of priorities in order to improve the safety and livability of the neighborhood. CSE Fresno will build on its strengths and assets: completing and improving its sidewalk network, adding enhanced pedestrian crossings at key locations, building upon the existing transit network, and adding bike facilities to ensure all residents have access to a safe and attractive transportation network that supports multiple community goals, rather than simply moving traffic through the area. Additionally, an integrated and sustainable approach to improving infrastructure systems, both above and below ground, will help promote energy, waste management, and water efficiency, mitigate the impacts of flooding, enhance water quality, and foster future private investment in the community. 4.2 Existing Conditions Street Network CSE Fresno’s existing circulation has been laid out over historically agricultural land and is primarily delineated by major arterials and collectors that form half-mile square “neighborhoods.” Existing roadways within the Plan Area range from local roads with a single lane in each direction to arterials with up to two through lanes in each direction. Street types include arterials, collectors, neighborhood streets, frontage roads, and alleys. While the majority of the streets in CSE Fresno form a connective grid, there are a few breaks in the network, notably California Avenue between Cedar and Chestnut, and Willow Avenue, on the east side of the former IRS facility, between Butler and Kings Canyon Road. Such network breaks exhibiting large and/ or irregular block structures, constrained access, and limited pedestrian connectivity are prevalent in the big box retail centers along Kings Canyon Road, the newer suburban and apartment developments, and the undeveloped and industrial areas in the southern portion of the Plan Area. The older, more historic residential neighborhoods tend to have a fine-grained street network that is better connected, with a majority of blocks split by residential service/utility alleys. While some alleys are still functional, many of them have been in disuse or neglected and, due to safety concerns, neighborhood blocks have restricted access to the alleys. Block structure, streetscape and building 88 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN setbacks are quite consistent throughout these neighborhoods, providing environments more conducive to pedestrian and bicycle movement by the completeness of the network, lower vehicular speeds, and general presence of comfortable sidewalks. Streetscapes vary amongst the street types. Most existing streets are primarily designed to move a maximum number of vehicles and often lack landscaping, lighting, appropriate crossings, comfortable sidewalks, and bike facilities. Having such gaps in the network creates challenges for mobility throughout the Plan Area, particularly for those who are not able to drive including youth, the elderly, and people with disabilities. Roadway Capacity and Planned Projects Most roadways in the Plan Area operate acceptably under the City of Fresno traffic impact thresholds. There are currently no plans for road widening capacity improvements within the Plan Area, except for Willow Avenue (north of Kings Canyon Road) that is planned to be expanded from 2 to 4 lanes. In addition, there is one roadway segment planned for lane reductions – Lane Avenue from Chestnut Avenue to Willow Avenue. Example of a neighborhood street Example of a high-volume commercial corridor within the Plan Area CHAPTER 4: Transportation, Public Realm, Infrastructure 89 Bicycle Network CSE Fresno has a very limited bicycle and trail network, which discourages bicycling as an alternative to vehicle travel. The Plan Area has one of the lowest bike ridership and some of the highest concentration areas for bicycle and vehicle collisions in the City, particularly along Kings Canyon Road (Fresno Active Transportation Plan (ATP), 2017). Most of the bike lanes in the Plan Area run in short segments and are often discontinuous (see Figure 4-3. Proposed Bicycle Network). The Plan Area has two continuous bike lanes along Kings Canyon Road, which connects to Downtown, and along Chestnut Avenue, but they do not provide any buffer from fast-moving vehicular traffic. Trails, or Class I bike paths, are multi-use pathways separated from vehicle traffic and shared between bicyclists and pedestrians. Currently, there is only one short trail segment in the northern part of the Plan Area along McKenzie Avenue between Willow and Clovis Avenues. Example of a Class II bikeway in the Plan Area Example of a Class I bike path adjacent to the Plan Area 90 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Bikeway Facility Types Bicycle/Pedestrian or Multi-use Path (Class I) Description: Bike paths, often referred to as shared-use paths or trails, are off-street facilities that provide exclusive use for non-motorized travel, including bicyclists and pedestrians. Bike paths have minimal cross flow with motorists and are typically located along landscaped corridors. Bike paths can be utilized for both recreational and commute trips. Purpose: To provide a safe and comfortable environment to bike and walk that is completely separated from roadway traffic. Bike Lane (Class II) Description: Class II bike lanes are on-street facilities that use striping, stencils, and signage to denote preferential or exclusive use by bicyclists. On-street bikes lanes are located adjacent to motor vehicle traffic (see diagram). Bike lanes are intended to alert drivers about the predictable movements of bicyclists, and provide adequate space for comfortable riding. Current City standards require bike lanes on all new collectors and arterials; many existing collectors are already constructed with Class II bike lanes. Purpose: To provide an exclusive space for bicyclists on the road. CHAPTER 4: Transportation, Public Realm, Infrastructure 91 Bike Route (Class III) Description: Class III bike routes are on-street pavement markings or signage that connect the bicycle roadway network. Shared-lane markings, or “sharrows,” are a common Class III pavement marking that alerts drivers that bicyclists are sharing the road. Class III bike routes can be utilized to connect bicycle lanes or paths along corridors that do not provide enough space for dedicated lanes on low-speed and low-volume streets. Shoulders are useful but not required on streets with Class III bike routes. Purpose: To provide a shared use with motor vehicle traffic, typically on lower volume roadways. Cycle Track/Separated Bikeway (Class IV) Description: Class IV separated bikeways, commonly known as “cycle tracks,” are physically separated bicycle facilities that are distinct from the sidewalk and designed for exclusive use by bicyclists. They are located within the street right-of-way, but provide similar comfort when compared to Class I multi-use paths. The key feature of a separated bikeway is a vertical element that provides further separation from motor vehicle traffic. Common vertical elements used for separation include a vertical curb, a painted buffer with flexible posts, parked cars, a landscaped area, or a fixed barrier. Purpose: To provide a safe and comfortable environment to bike separated from roadway traffic. 92 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Existing Pedestrian Network Not unlike the existing bicycle network, the pedestrian network also lacks connectivity and accessibility in the Plan Area. During the planning process, stakeholders considered an unsafe walking environment as the most important issue facing CSE Fresno. Long block lengths, wide streets, unmarked or unsignalized intersections, fast moving traffic, narrow sidewalks, and a lack of street trees and furnishings are just some of the conditions that contribute to an unsafe and uninviting pedestrian environment. Kings Canyon Road (from Cedar Avenue to Peach Avenue) is a high-activity commercial corridor that has been identified for having one of the greatest concentrations of pedestrian and vehicle collision incidents in the city (Fresno Active Transportation Plan (ATP), 2017). While most streets have sidewalks, there are gaps in the sidewalk network in the areas near the northern and southern limits of the Plan Area (see Figure 4-4. Proposed Pedestrian Network). Example of missing and incomplete sidewalk segment along East Dwight Way CHAPTER 4: Transportation, Public Realm, Infrastructure 93 Existing Transit Routes Fresno Area Express (FAX) provides transit service in the Plan Area, as well as adjacent communities in the City of Fresno. FAX operates 17 bus routes throughout the City, with six routes serving the Plan Area (Routes 1, 22, 26, 33, 38, and 41) (see Figure 4-1. Transit Network). Routes 1 and 38 operate at 10 and 15 minute frequencies respectively, with the rest operating at 30-minute frequencies on weekdays and reduced frequencies on weekends. FAX has made three significant service enhancements in the Plan Area over the last several years. In 2017, FAX implemented “FAX-15” service along Cedar Avenue on Route 38. This route operates at 15-minute frequencies from 6 a.m. - 6 p.m., 30-minute frequencies until approximately 8 p.m., and 60-minute frequencies until approximately midnight. Route 38 includes multiple stops in the Plan Area and serves a variety of land uses, including various schools and health centers. In 2018, FAX initiated service on the “FAX Q,” the City’s first Bus Rapid Transit (BRT), which operates along Blackstone and Ventura/Kings Canyon. In the Plan Area, the Q (also known as Route 1) includes four stations in each direction along Ventura/Kings Canyon. The BRT runs at 10-minute frequencies during peak periods and at 15-minute frequencies during off-peak periods on weekdays. The BRT stations are spaced at half-mile intervals. Station amenities include modern shelters, ticket vending machines, benches, trashcans, real-time display signs, and night lighting, with station platforms built into the street to facilitate faster travel by preventing buses from having to transition in and out of traffic. The BRT route has traffic signal priority, which, combined with the ½-mile station spacing and station platforms, moves the buses through existing traffic more efficiently. These design features allow for faster travel times and an enhanced customer experience. The Q carries approximately 25 percent of FAX’s passengers on an annual basis. In 2019, FAX added night service from Mondays through Saturdays, providing transit until approximately midnight on five routes across the City. Two of these routes are in the Plan Area, including Route 1 (the Q) with 30-minute frequencies from 7 p.m. until midnight and Route 38 at 60-minute frequencies in the evening hours. On Sundays, all routes in the Plan Area operate until approximately 7 p.m. While the community appears to use and like the BRT system and other local bus routes, residents noted a need for additional bus stops at closer intervals, more bus shelters and amenities, greater bus frequency to address overcrowding, and expanded routes and schedules, including night service on additional lines beyond Routes 1 and 38 for residents working night shifts. BRT Station, recently installed on Kings Canyon Rd. Photo credit: GWire FAX offers 17 fixed-route bus lines throughout the city 94 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 4-1 Existing and Proposed Transit Network CHAPTER 4: Transportation, Public Realm, Infrastructure 95 Existing Truck Routes The Plan Area has a robust truck route system, with all major arterials in the Plan Area currently designated truck routes (see Figure 4-5. Proposed Truck Routes). Kings Canyon Road, Chestnut Avenue, and Cedar Avenue are the major truck routes. However, Butler Avenue – a smaller, lower volume neighborhood collector – is also a designated truck route. While it is crucial to provide access and service to existing industrial uses in the southern part of the Plan Area, heavy truck traffic through residential neighborhoods can have detrimental impacts on quality of life, including noise, air quality, and safety issues for pedestrians and bicyclists. Existing Infrastructure The Plan Area is currently served by multiple utility providers. Water and sewer services are provided by the City of Fresno; storm water drainage systems are constructed and maintained by the Fresno Metropolitan Flood Control District (FMFCD); irrigation water is supplied by the Fresno Irrigation District (FID); electricity and gas utilities are provided by Pacific Gas and Electric (PG&E); and telephone, fiber, and cable service is provided by AT&T/Comcast/Xfinity. Recycled water is not yet utilized in the Plan Area, but is planned and will be provided by the City of Fresno. Utility providers currently serving existing needs in the area have plans in place to serve future needs in accordance with the Fresno General Plan, as described below. Additional information on existing utility and infrastructure conditions and planned improvements can be found in Appendix A. Central Southeast Area Specific Plan Existing Conditions Report. Water and Sewer The City of Fresno delivers drinking water to approximately 500,000 residential, commercial, and industrial customers over a 114 square mile area of the city including many county Islands. The City’s water supply is made up of approximately 47% groundwater and 53% surface sources. According to the 2013 City of Fresno Metropolitan Water Resources Management Plan EIR, no water distribution system improvements have been identified for the CSESP area. However, the 2019 Drinking Water Renewal and Replacement Plan provides a detailed water system evaluation for the entire City of Fresno, including the CSESP area. The City’s 2015 Wastewater Collection System Master Plan Update identified wastewater infrastructure in poor condition and/or with current or projected future flow deficiencies. The primary impact identified within the CSESP area was the Orange Avenue trunk sewer main. The needed capacity improvements consist of replacing approximately 6,050 feet of 36-inch diameter pipeline with a new 42-inch diameter sewer on segments of 8th Street, Woodward Avenue, and Orange Avenue in the CSESP area. The master plan also confirmed that the Gallo Winery facility at Clovis and Olive Avenue has a direct storm drain connection to the sewer system that was recommended for removal to eliminate capacity impacts currently present in the downstream pipelines, including one within the CSESP area on McKenzie Avenue east of Chestnut Avenue. No major sewer pipeline structural deficiencies were identified within the CSESP area. Storm Drain Storm drainage facilities within the Fresno‐Clovis Metropolitan Area are planned, implemented, operated, and maintained by the Fresno Metropolitan Flood Control District (FMFCD) and documented in the Storm Drainage Master Plan (SDMP). The storm drainage facilities within a drainage area consist of storm drain inlets, pipeline, retention basins, urban detention (water quality) basins, and storm water pump stations. The only location within the CSESP area identified for storm drain improvements is California Avenue between Cedar and Maple Avenues and the detention basin to the south of the Plan Area. 96 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 4.3 Issues and Opportunities The following is a summary of the issues and opportunities around transportation in CSE Fresno. Issues • Uncomfortable and uninviting pedestrian environment. Sidewalks, while present throughout most neighborhoods, are missing in key areas, such as Willow Avenue (north of Kings Canyon Road), Chestnut Avenue (south of California Avenue), Maple Avenue (Butler Avenue to Kings Canyon Road), and smaller neighborhood streets along the northern and southern limits of the Plan Area. Coupled with wide crossing distances, truck traffic, and limited street trees and other pedestrian amenities, streets are not conducive to walking. Residents have safety concerns around a lack of walking paths and crossings to and around schools and parks in the community. • Scattered and disconnected bicycle network. There are few dedicated bicycle lanes in CSE Fresno, and many bicycle routes are disconnected and do not provide physical separation from vehicle traffic. Completing missing links in the network and adding buffered and/or separated bike facilities designed to provide safety and comfort for all skill levels could encourage more people to bike within the community and beyond. • Traffic collisions. Pedestrian and bicycle collisions occur in higher concentrations at intersections along major corridors, including Kings Canyon Road, Chestnut Avenue north of Kings Canyon, Lane, Butler, Hamilton, Florence, and Church Avenues. The highest concentrations of collisions occur on Kings Canyon Road, west of Chestnut Avenue and near the intersection of Chestnut and Butler Avenues. • Truck traffic negatively impacts neighborhood livability. Virtually every major roadway in the neighborhood is designated a truck route. While commercial traffic is necessary and vital to the success of businesses in the neighborhood, the impacts of regional truck traffic should be investigated and changes to the truck route network should be considered to preserve the quality of life of adjacent residential neighborhoods. Closed alley in CSE Fresno Typical streetscape environment in CSE Fresno CHAPTER 4: Transportation, Public Realm, Infrastructure 97 • Lack of multimodal connectivity and access. The existing street network is set up on a half-mile grid system. This spacing creates long block lengths, particularly in new suburban subdivisions with limited access points, and results in poor pedestrian and bicycle accessibility by reducing opportunities for crossings and direct routes. • Parking spillover during special events. During special events such as the Big Fresno Fair, visitor parking spills over into adjacent residential neighborhoods, where there are no parking regulations or fees. • Aging Infrastructure. Given the age of the Plan Area infrastructure, it is likely that the existing sanitary sewer connections are old and susceptible to inflow and infiltration. Maintenance and upgrades to the City’s aging and deteriorating sewer system is being addressed by the City’s capital improvement program (CIP). However, funding is limited, and the City addresses the highest priority projects that have ongoing overflows, backups, and/or collapsed pipes. Redevelopment may allow for the repair of existing lines and installation of new service connections to rehabilitate the infrastructure network over time. Opportunities • New street connections. The “big box”, strip commercial developments along Kings Canyon Road, the former IRS Processing Center at Willow and Butler Avenues, and undeveloped areas in the southern portion of the Plan Area present redevelopment opportunities that would benefit from subdivision of large blocks to create new connections and more walkable blocks. Developers should be encouraged to provide new privately-maintained, publicly-accessible streets and bicycle/ pedestrian pathways that would improve multimodal connectivity and access. • Excess street widths and capacity. Available street widths as compared to traffic volumes on roadways like Butler, Lane, and Orange Avenues could allow reconfiguration of the right-of-way to accommodate new and improved pedestrian and bicycle facilities. • Residential “frontage” streets. Many residential subdivisions in the Plan Area were constructed with a local residential roadway fronting the larger roadway network, such as along Maple, Butler, and Chestnut Avenues. In many locations, these roadways are duplicative and the additional right- of-way may be better used for multimodal amenities and/or public open space. • Regional multimodal improvements. The railroad right-of-way along California Avenue east of Cedar Avenue presents an opportunity for a regional Class I multi-use trail (as identified in Figure MT-2 of the General Plan) that could provide a valuable connection to Downtown, while promoting active transportation. • Recent transit investments. Recent investments in BRT along Kings Canyon Road and FAX 15 along Cedar Avenue have considerably improved transit access and frequency in CSE Fresno. New connections and bicycle, pedestrian, and streetscape improvements along Kings Canyon Road and other key corridors in the Plan Area could encourage walking, biking, and increased transit ridership. • Alley Activations. While some alleys are still functional, the majority of alleys are underused or have been closed-off due to safety concerns. Alley activation strategies, including developing an Alley Improvement Program to help residents repurpose alleys, are described in more detail in Chapter 3. Land Use and Urban Design. 98 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 4.4 Proposed Circulation Networks This Plan proposes a series of transportation improvements to make travel in and around CSE Fresno safe, efficient, convenient, and accessible to pedestrians, bicyclists, and transit riders of all ages and abilities while balancing the need to provide for vehicular access and goods movement. The proposed improvements include adding new street connections, creating a robust network of primary bicycle corridors, and implementing a series of major and minor street and streetscape improvements as described in the sections below. Street Network A high-quality network of Complete Streets can improve safety, enhance access, and support greater choice in transportation options. Complete Streets also provide additional benefits to a community by accommodating the needs of an aging population, promoting public health and fitness, minimizing transportation costs, creating and maintaining vibrant neighborhoods, and reducing GHG emissions that contribute to climate change. The City of Fresno recently adopted a “Complete Streets” policy that applies citywide (October 2019). CSE Fresno presents an opportunity to implement Complete Streets principles on a large scale, providing safe and convenient travel for all modes and all users. The City should seek out appropriate sources of funding and grants for implementation of Complete Streets policies throughout the Plan Area. The proposed street network and improvements shown in Figure 4-2. Proposed Street Network. Proposed Street Network support a multimodal Complete Streets network that improves mobility for current residents and visitors and accommodates future growth in the Plan Area. Overall, the Plan maintains the current street network and hierarchy while providing new connections and reconfiguring unneeded or overly wide streets to accommodate pedestrians and bicycle amenities. Key modifications include: • Creating new street and/or bicycle/pedestrian connections • Removing or repurposing frontage roads along Maple, Butler, and Chestnut Avenues • Constructing major and minor street improvements along key corridors to improve multimodal mobility, as described in the Goals and Strategies section. Bicycle and Pedestrian Networks This Plan builds on the planned bicycle and pedestrian facility improvements in the Fresno Active Transportation Plan (ATP), proposing additional recommendations that will allow more convenient, safe, and comfortable travel by foot and bicycle. Key destinations within and adjacent to the Plan Area will be more accessible with these improvements, including BRT and shopping destinations along Kings Canyon Road, schools, parks, and community centers. Figure 4-3. Proposed Bicycle Networkshows the location of existing and proposed new off-street and on-street bicycle facilities in the Plan Area. Figure 4-4 shows the existing and proposed sidewalk network and intersections that should be prioritized for evaluation and installation of crossing improvements. CHAPTER 4: Transportation, Public Realm, Infrastructure 99 Figure 4-2. Proposed Street Network 100 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 4-3. Proposed Bicycle Network CHAPTER 4: Transportation, Public Realm, Infrastructure 101 Figure 4-4. Proposed Pedestrian Network 102 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Transit Network CSE residents need better options to commute and make local trips without a car. This Plan includes strategies to improve multimodal connections to local transit stops in and around the area, as well as street design recommendations that will encourage increased transit ridership. The transit network map shown in Figure 4-1 Existing and Proposed Transit Network includes existing transit routes in the area. FAX, which is a part of the City of Fresno Transportation Department, serves as the transit operator for the City. FAX is continually evaluating bus routes, frequencies, and stops throughout the City, and will continue to build on the recent improvements in the CSE community to promote equitable, attractive, and efficient transit that supports residents’ needs. Truck Network With the significant amount of industrial uses situated in the southern portion of the Plan Area, multiple truck routes pass directly through the CSE community. Throughout the planning process, CSE community members voiced a strong desire to limit truck traffic through neighborhoods, particularly for safety reasons. The proposed truck network shown in Figure 4-5. Proposed Truck Routes. Proposed Truck Routes includes existing truck routes and routes recommended for removal to protect community health and safety. CHAPTER 4: Transportation, Public Realm, Infrastructure 103 Figure 4-5. Proposed Truck Routes 104 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 4.5 Goals and Strategies To address the community’s concerns, this Plan builds on and goes beyond the recommendations in the General Plan, ATP, and Ventura/Kings Canyon Corridor Complete Streets Plan by proposing the following goals and strategies to improve CSE Fresno’s street, bicycle, pedestrian, transit, and truck circulation networks. While CSE Fresno currently has sufficient infrastructure capacity to support development and growth, existing water, sewer, and stormwater systems are aging and in need of repair. An integrated and sustainable approach to developing the infrastructure network can reduce costs, mitigate the impacts of floods and droughts, enhance water quality, and increase energy efficiency, waste management, and transportation. Additionally, upgrading aging infrastructure systems below and above ground will foster future private investment in the community. The following goals and strategies are aimed at providing a high-functioning infrastructure system for CSE Fresno. Complete Street. Photo credit: Grist CHAPTER 4: Transportation, Public Realm, Infrastructure 105 Streets T-1. Rebalance existing roadways to create a network of safe, connected, and accessible Complete Streets for all users, including bicyclists, pedestrians, transit vehicles, and motorists. T-1.1. Implement major right-of-way retrofits and streetscape improvements along Kings Canyon Road, Orange Avenue, Cedar Avenue, and Butler Avenue. Kings Canyon Road, Orange Avenue, Cedar Avenue, and Butler Avenue are the four priority corridors in the Plan Area that offer significant opportunity for meaningful change and should be prioritized for construction of public realm and street improvements to support their transformation. Kings Canyon Road and Orange Avenue are the two main commercial corridors in the Plan Area – Kings Canyon is the major regional shopping and transit corridor, while Orange Avenue serves as a smaller neighborhood “Main Street” with local serving uses. Cedar Avenue is a main north/south connection corridor and was identified by the community as a key schools route, as numerous educational institutions front Cedar Avenue from elementary schools in CSE Fresno to Fresno State in north Fresno. Butler Avenue is a central neighborhood corridor that connects important neighborhood-serving nodes and opportunity sites, such as Mosqueda Center and the IRS Processing Center, with adjacent neighborhoods, and has the potential to evolve into an active mixed-use corridor as future growth and development occur. As areas with high pedestrian activity, these corridors present an opportunity for a more active and coherent mixed-use environment. The City should implement major right-of-way retrofits and streetscape improvements along these priority corridors to create a more comfortable, vibrant, and cohesive pedestrian environment. Major street improvements would entail significant reconfiguration of the right-of-way and improvements to public and private frontages, as shown in Figures 4-6 through 4-9. Excess right-of-way along these corridors can be reallocated for pedestrian and bicycle amenities such as wider sidewalks, curb extensions, street furnishings, bus shelters, bicycle lanes, and new and improved crossings. Some of these improvements could be made incrementally while others should be coordinated with other planned transportation and infrastructure capital improvement projects, such as repaving, to ensure efficiency and economy of funds. Specific recommendations for each street include the following: High visibility crossing and decorate bulbout with rain gardens. Photo credit: VMWP Painted bike lane 106 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 4-6. Street and Streetscape Improvements CHAPTER 4: Transportation, Public Realm, Infrastructure 107 1. Kings Canyon Road: As described in Chapter 3, the intent for Kings Canyon Road is to transform it from a highway arterial into a multimodal boulevard that connects a series of activity centers. Further study should explore the interaction and conflicts between bike lanes, bus stops, and curbside parking. One possible solution is to install bus boarding islands, allowing the bike lane to move between a bus stop island and the sidewalk. The Southern Blackstone Smart Mobility Strategy should be utilized as a resource in the development of the study on potential roadway reconfigurations, which includes the flexibility to allow for a potential future conversion of parking lanes to a dedicated transit lane. Additional improvements to support active ground-floor uses and a better pedestrian and bicycle experience include the following (see Figure 4-7): • Narrowing the median/turning and traffic lanes to accommodate buffered bike lanes • Constructing in-street tree planters between on-street parking • Providing street trees, landscaping, street furnishings, and signage • Enhancing crosswalks with bulbouts, high- visibility markings, lighting, and signage Possible resolution: bicyclists travel between a bus stop island and the sidewalk. Photo credit: Rhode Island Public Transit Authority Conflict between bus and bicycle travel on Ventura/Kings Canyon Road, west of the Plan Area. Protected bike lane behind bus boarding island. Photo credit: NACTO 108 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 4-7. Existing and Proposed Street Design for Kings Canyon Road Kings Canyon Existing Condition Kings Canyon is not currently an inviting environment for active transportation. It has narrow sidewalks without landscaping, wide travel lanes inducing high speed vehicular traffic, and a lack of traffic calming measures and pedestrian crossings. The new BRT stops create conflict between cyclists and buses, as buses are required to pull into the cycle track and block it in order to pick up passengers on the narrow sidewalk. In places where bus stops bulb out, they block the bike lane entirely. *The bike lanes are highlighted in green for clarity in the proposed images. However, NACTO recommendations and City standards for actual bike lane painting should be followed. Kings Canyon Proposed Retrofit: Interim Option A This is a minor yet significant improvement to the existing condition, as travel lanes are reduced to 10’ to calm traffic and provide space for bike lane buffers and for bikes to pass a stopped bus without veering into other lanes. There is still conflict as both the bus and parking cars must cross the bike lane. This option requires the least amount of alterations to the existing ROW and BRT stations, allowing it to serve as a transition to the more refined multimodal Kings Canyon retrofit options B and C. CHAPTER 4: Transportation, Public Realm, Infrastructure 109 Kings Canyon Proposed Retrofit: Option B A bus boarding island provides dedicated space for waiting passengers, rather than infringing on sidewalk space. The bus no longer crosses the bike lane, although cars must still cross the bike lane in order to park. An interim version of this option would involve only striping and no tree planters. This interim option could then transition easily to Option C. Kings Canyon Proposed Retrofit: Option C The bike lane is fully protected; neither cars nor buses cross it (other than at entry drives). Street trees are closer to the center of the street, which further calms traffic and creates a sense of enclosure. Street tree planters between parked cars are wider than in Option B, as they can use the width of both buffers, allowing the trees to mature more fully. Figure 4-7. Existing and Proposed Street Design for Kings Canyon Road 110 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 2. Orange Avenue: Recommendations for Orange Avenue include adding buffered bike lanes, corner bulbouts, on- street parking, street trees and furnishings, and improved intersections/crosswalks, as shown in Figure 4-8. Rendering of Potential Street Improvements Along Orange Avenue. 3. Cedar Avenue: Cedar Avenue is the subject of a recently-submitted grant application for signalization improvements/ Transit Signal Priority. As a FAX-15 corridor and key schools route, recommendations for Cedar Avenue include the following: • Removing lanes or reducing lane-widths to accommodate a Class IV cycle track; • Repairing/widening sidewalks • Adding street trees, landscaping, street furnishings, and signage • Adding and enhancing crossings with signal improvements, bulbouts, high-visibility markings, lighting, and/or signage 4. Butler Avenue: Key recommendations for Butler Avenue include reducing lane-widths to accommodate a Class IV cycle track, adding a center landscaped median, and repurposing frontage roads along some segments of the corridor (see Strategy T-1.3). Adding street trees, parkway landscaping, and repairing/widening sidewalks will further support a more comfortable pedestrian environment. Figure 4-8. Rendering of Potential Street Improvements Along Orange Avenue CHAPTER 4: Transportation, Public Realm, Infrastructure 111 T-1.2. Implement minor right-of way retrofits and streetscape improvements along Maple, Chestnut, and Lane Avenues. Many smaller neighborhood collector streets within CSE Fresno were designed to support excess vehicle capacity, with wide intersections, travel lanes, and curb radii that make walking and biking difficult and unsafe. Opportunities exist to improve these corridors through minor street improvements such as restriping and enhanced landscaping, which can be done relatively easily and inexpensively. The City should implement minor right-of-way retrofits and streetscape improvements along Maple, Chestnut, and Lane Avenues to create more comfortable and safe connections between residential neighborhoods and schools, parks, and shopping areas. Lane Avenue provides one such example as an important neighborhood street that connects residential neighborhoods with the Greenberg Elementary School and the IRS Processing Center, which is envisioned to evolve into a technology/education campus. Lane Avenue is currently scheduled for lane reductions, and the proposed retrofit maintains the existing curb-to-curb dimension while converting both of the exterior turning lanes into on-street parking and creating a middle turning lane (see Figure 4-9. Proposed Lane Avenue Street Improvements). Lane reductions will allow for the addition of buffered bike lanes or a Class IV cycle track to improve bicyclist safety. If space and resources permit, it is recommended to construct a landscaped median in between turning locations (as shown in Figure 4-9. Proposed Lane Avenue Street Improvements). Lane Ave Existing Condition Lane Ave Proposed Retrofit Figure 4-9. Proposed Lane Avenue Street Improvements 112 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN T-1.3. Repurpose unneeded frontage roads along Maple, Butler, and Chestnut Avenues into greenways with active transportation connections. Several roadways in CSE Fresno, such as Maple, Butler and Chestnut Avenues, feature frontage roads that serve as low-volume neighborhood access roads. While they provide a buffer from higher volume and higher speed traffic, they expand the right-of-way significantly with imperceptible change in character and limited points of access to the neighborhoods. These unneeded frontage roads are opportunities for the City to creatively repurpose roadway rights-of-way into linear parks, or greenways, that provide active transportation connections and additional public open space for the community. These greenways should function as off-street multi-use paths (Class I Bike Path) that connect to other bicycle and pedestrian routes in the Plan Area and city and could include wide pathways, seating, lighting, shade, trees and landscaping, bus stops, bicycle racks, and wayfinding signage. The City should also ensure that these greenways have clear signage, striping, curb extensions, signalized controls, and/or flashing beacons where they intersect with streets or driveways in order to minimize the likelihood of collisions. As the building character along these streets evolve and opportunity sites are redeveloped, it is envisioned that these street modifications will support more varied and vibrant ground floor uses and private frontage conditions. Figure 4-10. Chestnut Avenue Frontage Road Retrofit below depicts an example of a frontage lane retrofit along Chestnut Avenue to create a linear greenway. In this case, curb-to-curb dimensions of the avenue remain the same. Improvements include narrowing the automobile travel lanes in order to allow space for on-street parking and buffered or separated bike lanes. The center median is widened and landscaped, only stopping where necessary to accommodate a left turn lane. Buffered bike lane Multi-use path CHAPTER 4: Transportation, Public Realm, Infrastructure 113 Figure 4-10. Chestnut Avenue Frontage Road Retrofit Chestnut Ave Existing Condition Chestnut Ave Proposed Retrofit Note: Bus Stops along Chestnut Avenue should follow the standards created by the City of Fresno Public Works Department for the Maple Avenue complete streets project. 114 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN T-1.4. Prioritize Complete Streets over current measures for transportation performance. To help rebalance the roadway and facilitate economic development, the City should develop multi-modal Level of Service (LOS) standards, as identified in the General Plan. LOS measures traffic performance using letter grades, where an “A” means cars and trucks move in a free flow at or even above the speed limit while and “F” is gridlock. But this measure leaves out a whole segment of people walking, biking, and using transit – in fact, improving LOS can actively make streets more dangerous for non-automotive travel modes. A multi-modal LOS concept will consider mobility for all community members when evaluating traffic congestion and needed mitigation. T-2. Improve connectivity between residential areas and local and regional destinations such as schools, parks, community centers, transit, retail, and employment centers. T-2.1. Create new roadways to break up superblocks and improve vehicle, bicycling, and pedestrian connections in the Plan Area. Many existing blocks along Kings Canyon Road, as well as in the less developed areas in the southern portion of the Plan Area are very large, and not generally walkable. As new development or redevelopment occurs, the City should work collaboratively with existing property owners, developers, and residents to subdivide large blocks and provide new direct pedestrian, bicycle, and in some cases vehicular connections from neighborhoods to schools, parks, transit, retail centers, and other community amenities. Conceptual locations to reconnect and create a more fine-grained street grid are shown in Figure 4-2. Proposed Street Network and include extending Willow Avenue along the western side of the former IRS Processing Facility, breaking up large strip shopping centers along Kings Canyon Road, and adding new connections in undeveloped/ rural areas south of California Avenue. Complete street with median. Photo credit: CityLabPaseo CHAPTER 4: Transportation, Public Realm, Infrastructure 115 Bicycle and Pedestrian T-3. Improve safety and reduce conflicts between pedestrians, bicyclists, and drivers, particularly around centers of activity. T-3.1. Implement traffic calming measures around parks and schools. When asked what most would benefit their neighborhood, most residents cited improved pedestrian conditions so that kids can walk safely to neighborhood schools and parks. Installing traffic calming measures will encourage drivers to travel at slower speeds, call attention to pedestrians on sidewalks and crossings, and make streets feel more comfortable and inviting for pedestrians of all ages. The City of Fresno should work with community organizations, such as Every Neighborhood Partnership and Cultiva La Salud to conduct a study of streets and intersections near parks, schools, and other high-volume pedestrian areas to determine priority locations to install traffic calming measures. The study could include surveys and walk audits and should be coordinated with the Safe Routes to Schools program. Potential traffic calming mechanisms could include bulbouts, narrower travel lanes, traffic circles, stop signs, and traffic signals. T-3.2. Install crossing enhancements at priority intersections. The City can also improve pedestrian safety by providing more frequent and shorter crossing distances, and installing crossing enhancements such as bulb-outs, raised crosswalks, flashing beacons, signs, and other measures to increase the visibility and safety of unsignalized crossings. Initial funding and improvements should be prioritized for the intersections identified in Figure 4-4. Proposed Pedestrian Network (Note: Intersections identified in this Plan represent the community’s priorities for the Plan Area, and were not established based on the Fresno ATP prioritization tool). This may include identifying locations where midblock crossings would provide important links to the pedestrian network and reduce unsafe crossings between intersections. The City should also consider updating signal timing and including countdown signals at intersections to better accommodate pedestrians. The intersection of Chestnut Avenue and Hamilton Avenue shown in Figure 4-11 is an example of a priority intersection. Potential crossing enhancements to slow traffic at this intersection could include bulbout corners and high visibility and/or decorative crosswalks. A landscaped median and green bike lanes with bike boxes at the approaches will beautify the street and improve pedestrian and bicyclist safety. 116 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 4-11. Proposed Intersection Improvements at Chestnut and Hamilton Avenues Proposed Intersection Improvements Existing Intersection Conditions CHAPTER 4: Transportation, Public Realm, Infrastructure 117 T-3.3. Designate a traffic enforcement officer on rotation at CSE Fresno schools. Throughout the planning process, the CSE community cited a need for better traffic enforcement in the area, particularly to address speeding in and around residential areas. The City could dedicate a traffic enforcement officer for CSE Fresno to enforce traffic and parking laws around parks, schools, and along routes to schools, parks, and other community facilities. Additional enforcement methods could include automated tickets, messaging, and speed feedback signs. Consistent enforcement coupled with traffic calming measures and education will help encourage drivers to travel at slower speeds and create a safer walking environment. T-3.4. Pursue Safe Routes to School funding to improve pedestrian crossings and create safe, clearly marked routes near schools. Creating safe routes to schools was consistently rated a top priority by the community. The City should pursue funding for the Safe Routes to School program in the Plan Area. The Safe Routes to School program for CSE Fresno could include the following components: • Community Task Force. The City should form an ongoing committee of key stakeholders such as principals, parents, students, crossing guards, police, Department of Public Works, and others. This community task force should identify and address issues related to improving safety for students that walk or bicycle to school. The committee should be established for five years after adoption of the Plan, with the option of being continued or incorporated into the area’s Neighborhood Committees (refer to strategy CE-1.3.) at the end of this term. The primary mission of the committee should be to identify the main safety concerns of parents and students in CSE Fresno and work as a group to identify improvements and potential funding mechanisms for improvements. • Pedestrian and bicycle improvements on school routes. The City should identify and construct street, sidewalk and intersection improvements that will enhance safety for students that walk or bicycle to school. (See also Strategy T-3.1) • Safety education and promotion program. Once funded, the City should encourage students to walk and bicycle to school with “walking school buses,” contests, events, and other campaigns. The City should partner with school districts in the Plan Area to establish a program to teach pedestrian and bicycle safety to students that walk or bicycle to school, and develop materials to educate parents, neighbors, and others about safety issues near schools. (See also Strategy T-3.4) • Enforcement. The City should allocate additional resources to enforce traffic and parking laws around schools and along routes to schools. (See Strategy T-3.3) • Evaluation. Following implementation, the City should conduct regular surveys to determine the number of students walking and bicycling, compare before-and-after crash statistics, and conduct before-and-after speed surveys in front of schools. 118 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN T-3.5. Educate residents on bicycle, pedestrian, and traffic safety and network improvements. Better awareness about safe driving, bicycling, yielding, and crossing are essential to maintain safe neighborhood streets. The City should develop a campaign to educate CSE residents on bicycle, pedestrian, and traffic safety. For example, the City could hold bicycle rodeos at local schools and introduce driving for bicycle safety into the driver education curriculum at local high schools. As part of this strategy, the City should create and distribute public informational materials, such as maps or brochures, about safety (e.g., the safe use of shared bike lanes, wearing bicycle helmets), transportation network improvements, and information about new routes and schedules. City websites and social media accounts should be kept up to date to inform the public about transportation changes, improvement projects, safety, and amended routes or schedules. Vision Zero Vision Zero is a strategy to eliminate all traffic fatalities and severe injuries, by taking a proactive, preventative approach that prioritizes traffic safety as a public health issue and increases safe, healthy, equitable mobility for all. If our transportation system were designed to accommodate human error, which is inevitable, and to naturally encourage safe driving, we could decrease traffic violence, regardless of human behavior. Vision Zero acknowledges that many factors contribute to safe mobility – including roadway design, speeds, behaviors, technology, and policies – and sets clear goals to achieve the shared goal of zero fatalities and severe injuries. For more information, visit: visionzeronetwork.org/about/what-is-vision-zero/ Photo credit: SFCTA CHAPTER 4: Transportation, Public Realm, Infrastructure 119 T-3.6. Create a “Vision Zero” plan with goals and targets to reduce car crash deaths and collisions in CSE Fresno. Pedestrian- and bicycle-involved collisions occur throughout CSE Fresno, but with particular frequency along Kings Canyon Road, which has the greatest concentration of pedestrian and bicycle collision incidents in the city (ATP, 2017). A Vision Zero Action Plan should be prepared that sets forth measurable goals and targets to reduce car crash deaths and collisions, including active transportation and street design strategies, safe routes to school, education, and multimodal transit initiatives (such as those listed previously in Strategies T-3.1 – T-3.4). The Plan should be an effort completed in partnership between the City’s Planning Department, Public Work Department, the County of Fresno, local school districts, and community organizations. The Plan should include ongoing data collection to determine dangerous behaviors, evaluation to determine what is working and what is not, and frequent engagement with the CSE community to share findings and solicit input. T-4. Provide a well-connected, comfortable, and inviting pedestrian environment that encourages residents to walk to and between key destinations. T-4.1. Identify gaps and build sidewalks to complete the pedestrian network. The CSE Plan Area should provide residents with ample and convenient opportunities to walk. Unfortunately, some parts of the Central Southeast Area are missing sidewalks, impeding the ability of pedestrians to get to their destinations. The City should prioritize completing the sidewalk network in the Willow Avenue area (north of Kings Canyon Road), the Chestnut Avenue area (south of California Avenue), and the Maple Avenue area (from Butler Avenue to Kings Canyon Road), as shown in Figure 4-4. Proposed Pedestrian Network. The City should seek funding outside of standard conditions of development, which are commonly paid for by the developer. Refer to Chapter 8 for potential funding sources. Tree Fresno is a non-profit organization whose mission is to transform the San Joaquin Valley with trees, greenways, and beautiful landscapes. Since their founding in 1985, they have planted over 42,000 trees. For more information, visit: treefresno.org. Crossing guard in CSE Fresno helps students cross an unmarked intersection High-visibility crossing 120 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN T-4.2. Prioritize street furnishings and other amenities along key corridors with high pedestrian activity to create a beautiful, vibrant, and comfortable pedestrian experience. The public realm and streetscape can have a considerable impact on the appearance, usability, and function of the street and sidewalk. Most streets in the Plan Area are missing pedestrian amenities such as shade and street trees, benches, and refuse receptacles, among others. The City should implement sidewalk and streetscape enhancements throughout CSE Fresno, prioritizing high pedestrian activity corridors where the need is greatest, including Kings Canyon Road, Orange, Butler, Maple, Chestnut, and Hamilton Avenues. Providing wider sidewalks, street furniture (benches, refuse receptacles, planters, bike racks), trees, pedestrian-scale lighting, and outdoor dining areas will help create a safe and enjoyable pedestrian environment and support local economic activity (see Strategy E-1.5 as an example of an implementation action). Pedestrians should be buffered from traffic by well-landscaped planters, and on-street parking, where possible. As part of this strategy, the City should develop a coordinated Streetscape and Tree Planting Palette with Tree Fresno to help establish a cohesive character and more distinct identity for CSE Fresno. Additional streetscape recommendations for key corridors in the Plan Area are described in Chapter 3. Land Use and Urban Design. T-5. Improve bicyclist safety and encourage biking between destinations. T-5.1. Create a comprehensive and continuous bicycle network that provides safe and comfortable bicycle routes for users of all ages and abilities. A continuous network of bicycle facilities allows each bike lane or path segment to function as part of a connected whole, linking destinations to key routes, and making trips by bicycle a more appealing and practical option for people of all ages and skill levels. In general, the Plan Area lacks safe bicycle routes, and particularly east-west bike connections. The City should identify funding to complete the bicycle network, filling gaps, identifying Bicycle Boulevards, and improving existing routes with high comfort, low stress bike facilities as shown in Figure 4-3. Proposed Bicycle Network. For instance, most of Cedar Avenue currently has bike lanes, but there are Wide sidewalk with street furnishings CHAPTER 4: Transportation, Public Realm, Infrastructure 121 gaps and areas where bike lanes are narrow and lack a buffer between bikers and fast moving traffic. The community noted that this should be a priority corridor for improvements given that the Boys and Girls Club and several neighborhood schools are located along it. Protected and/ or separated bikeways that minimize exposure to vehicle traffic should be constructed on high- speed, high-volume vehicle corridors, and especially those also designated as truck routes like Cedar Avenue. Priority corridors for new and improved bicycle facilities include Kings Canyon Road, Butler Avenue, Orange Avenue, Cedar Avenue, Lane Avenue, Maple Avenue, and Hamilton Avenue. T-5.2. Construct a multi-use trail along California Avenue and the railroad tracks. The Plan Area currently lacks off-street paths, trails and other safe areas for walking and bicycling. Multi-use trails are the most comfortable type of bicycle facility for people of all skill levels because they provide the greatest degree of separation from vehicle traffic. They can improve public health, safety, and access by providing alternative transportation options and opportunities for physical activity. The California Avenue railroad right-of-way presents an opportunity to add a multi-use trail that would create a safe east-west connection through the community, particularly to parks and schools, and connect to the planned trail along East Ave to Downtown Fresno. The City should pursue funding for and construct a Class I multi-use trail along California Ave and the railroad line, as recommended in the City of Fresno Active Transportation Plan (ATP). T-5.3. Provide bike and micro-mobility parking at destinations. To further support biking as an alternative mode of transportation, the City should install bike parking at community activity hubs such as community centers and transit stops and work with property owners to provide bike parking in front of businesses, such as along Kings Canyon Road. Flexible docking/parking areas should be created that can be used for bicycles as well as other personal transportation devices such as scooters. Cycletrack 122 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Transit T-6. Provide comfortable, frequent, and reliable transit service that meets community needs. T-6.1. Improve connections to existing transit stops within Central Southeast Fresno, and evaluate potential service adjustments that would result in greater transit access to areas within the Plan Area and to regional destinations. Residents need access to public transit services that connect to major destinations in the Plan Area, including Kings Canyon Road, educational institutions, community facilities, and parks, as well as to Downtown and other regional destinations outside the Plan Area. Throughout the planning process, community members noted a mismatch between existing bus routes and desired destinations, as well as a lack of safe access to existing transit stops. The City should arrange transit-specific workshops with FAX and the Department of Public Works to gather and analyze data (via community engagement and/or origin and destination data) to evaluate potential street improvements and/or service adjustments that could address user needs. FAX should continue to review and monitor bus schedules and routes for ways to improve or expand routes between places of work, residences, shops, and services. Finally, the City should explore funding opportunities to expand evening bus service beyond the existing night service on Routes 1 and 38 to address the needs of night shift employees in the area. T-6.2. Provide protected, well-lit, and attractive bus stops and amenities along bus routes. Without shelter and places to rest, bus stops can be uncomfortable and unwelcoming for connecting passengers – especially the elderly. To encourage transit use, bus stops should be well-lit and include benches, shelters and/or shade, refuse receptacles, system maps and information, and bicycle parking (where feasible). In particular, FAX should consider enhancing bus stop amenities near schools, parks, community centers, and shopping areas. FAX Q rapid bus station. Photo credit: GWire CHAPTER 4: Transportation, Public Realm, Infrastructure 123 Truck Network T-7. Ensure the efficient movement of goods while protecting community health and safety. T-7.1. Reroute truck traffic away from sensitive areas such as residential neighborhoods, parks, and schools. While companies in and near the Plan Area rely on trucks to transport goods, truck traffic can have a negative effect on residents. Specifically, trucks can impact traffic speeds on neighborhood streets, wear down street pavement faster than passenger vehicles alone, and produce pollution and noise. To reduce the impacts of truck traffic on residents, the City should review current truck routes and eliminate or reroute as necessary to minimize truck traffic on predominantly residential streets. Routes recommended for removal are shown in Figure 4-5. Proposed Truck Route Network. The City should also review planned or potential streets for appropriateness for truck traffic, particularly between industrial uses and along main thoroughfares. For instance, truck traffic along parts of Cedar Avenue poses a safety threat to families and children given the presence of several schools and community facilities along the corridor. T-7.2. Work with existing commercial and industrial businesses to limit the negative impacts of truck traffic on sensitive areas. The City should work with existing industrial and heavy commercial businesses to identify appropriate or alternative truck routes and/or schedules that limit negative impacts on residential neighborhoods while maintaining efficient goods movement. Limiting truck traffic hours to very early in the morning or late in the evening could go a long way towards making CSE streets feel safer. Parking T-8. Improve parking availability for residents and visitors, particularly during special events. T-8.1. T-8.1. Reduce parking spillover into adjacent residential neighborhoods during the Big Fresno Fair. While the Big Fresno Fair attracts visitors and investment to CSE Fresno, it also contributes to nuisance issues for those residents living around the Fairgrounds. Many residents expressed frustration over Fair visitors parking in adjacent residential neighborhoods, where there are generally no restrictions on on-street parking. To reduce parking spillover into residential neighborhoods, the City should work with and encourage the Fresno Fairgrounds to create a long-term parking plan. This could include constructing a parking structure on the Fairgrounds property or in partnership with the owners of underutilized sites near the Fairgrounds, working with the City to allow joint use of public parking facilities during the Fair, providing shuttles from Downtown and other key areas of the City, and developing programs encouraging people to take FAX to the Fairgrounds. 124 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Infrastructure Infrastructure upgrades and modifications may be required throughout implementation to achieve the Plan’s vision. Specific funding for infrastructure upgrades has not been identified in this Plan, but potential sources have been listed in Chapter 8 Next Steps and Funding. Funding for infrastructure modifications should be considered and identified early in the process to ensure all implementation measures are successful. Infrastructure modifications and upgrades may result from a variety of activities or recommendations in this Plan, from the proposed addition of bike lanes to changes in land use designation, among others. T-9. Provide a network of high-functioning and sustainable infrastructure systems in CSE Fresno. T-9.1. T-9.1. Proactively upgrade aging infrastructure around key opportunity sites to facilitate redevelopment. As resources become available, the City should provide comprehensive mechanisms for funding and timely maintenance of crucial public facilities including, but not limited to, streets, sidewalks, drainage facilities (including curbs and gutters), sewer, and water facilities to facilitate redevelopment. Areas near key opportunity sites, such as the former UMC Hospital and IR Processing Facility, should be prioritized to help create “shovel-ready” development sites, as further detailed in Strategy ED-1.3 in Chapter 6 Economic Development. What is Green Infrastructure? Green infrastructure is a cost-effective, resilient approach to managing wet weather impacts. Conventional piped drainage and water treatment systems (gray infrastructure) is designed to move urban stormwater away from the built environment, green infrastructure reduces and treats stormwater at its source while delivering environmental, social, and economic benefits. Stormwater runoff is a major cause of water pollution in developed areas. Runoff carries trash, bacteria, heavy metals, and pollutants from the urban landscape into our water supplies. With green infrastructure, the water is absorbed and filtered by soil and plants. Stormwater runoff is cleaner and less polluted. Green infrastructure elements include rain gardens, permeable pavements, green roofs, infiltration planters, trees, and rainwater harvesting systems that create more visually appealing streets, add green space to neighborhoods, and protect the environment. SOURCE: US EPA. “What is Green Infrastructure?” https://www.epa.gov/green-infrastructure/what-green-infrastructure CHAPTER 4: Transportation, Public Realm, Infrastructure 125 T-9.2. Incorporate water conservation measures into new development and public improvements to limit water use and stormwater runoff within the Plan Area. Water conservation should be a key design consideration for new development and public improvements in the Plan Area to safeguard potable water sources, decrease energy costs, and reduce impacts on the environment. Green infrastructure and other Low-Impact Design (LID) treatments that manage, reduce, and reuse storm water runoff can decrease infrastructure upgrade costs, eliminate potential capacity deficiencies, and mitigate stormwater runoff pollution. The City should continue to work with developers to promote, approve, and implement building and site designs that incorporate: • Bioretention/bioswale areas, flow-through planter boxes, vegetated buffer strips, infiltration trenches, and other sustainable stormwater treatments; • Water-efficient fixtures such as low-flow toilets and shower heads, and moisture-sensing irrigation); • Native and drought-tolerant plant species; • Graywater and rainwater harvesting and reuse; • Green roofs; and • Permeable surfaces that allow on-site infiltration. For example, the City could provide incentives for incorporating water conservation measures, establish menus or checklists for developers and contractors to ensure water-efficient infrastructure and technology are used in new construction, and/or require development project approvals to include a finding that all feasible and cost-effective options for conservation and water reuse are incorporated into project design, including graywater systems. The City should also incorporate green infrastructure into new parks and complete streets improvements, as outlined in Strategy E-1.2 in Chapter 7. Rain garden in planter strip Permeable parking lot paving 126 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN T-9.3. Complete construction of the City recycled water distribution system network and expand its use in the Plan Area. Recycled water is not yet available or planned to be extended to the Plan Area. However, the City is working on the Fresno Metropolitan Water Resources Management Plan to identify future opportunities for the expansion and use of the recycled water system. Once the backbone infrastructure is in place, the City should require new development to connect to the system and work to convert as many potable water uses to recycled water, consistent with new state law requirements described in the Model Water Efficient Landscape Ordinance (MWELO). The City should also encourage developers to incorporate dual plumbing within buildings and on-site irrigation constructed to recycled water standards that can be temporarily served by a potable source and connected to the recycled water system once it is extended to the Plan Area. T-9.4. Promote the use of sustainable design features and renewable energy sources in new public facilities, capital improvement projects, and private development. Incorporating green technology and renewable energy into new and existing public facilities and private development is a key part of creating a more sustainable CSE Fresno. Sustainable design features such as photovoltaic generation, passive solar water heating, green and cool roofs can conserve natural resources, minimize impacts on existing infrastructure, and help residents and businesses save on utility costs while helping the environment. The City should collaborate with partner agencies, utilities, and businesses to support a range of energy efficiency, conservation, and waste reduction measures in new private development and public improvement projects. This might include: • Revising the Development Code to require or incentivize solar panels on all new multifamily, mixed-use, and/or public buildings; • Requiring that all new buildings be designed to be solar ready, including provision of a solar zone and infrastructure such as solar panel standoffs and conduit; • Requiring that residential projects over a certain size participate in the California Energy Commission’s New Solar Homes Partnership, which provides rebates to developers who offer solar power in at least 50% of new units, or a program with similar provisions; • Providing, where possible, grants, rebates, and other development incentives for renewable energy projects, such as increased height limits and/or flexibility in other standards for projects that incorporate energy efficient green building features; • Streamlining the City permitting process (or providing building permit fee waivers) for new residential and commercial developments that submit plans to use renewable energy and/or exceed City/State green building standards; • Creating a tax exemption or tax neutral policy for developments that incorporate renewable energy systems; • Collaborating with energy and water providers, like PG&E and FMFCD, to increase participation in their energy and water efficiency programs. This strategy works in tandem with Strategy E-1.4. in Chapter 7 for providing financial assistance for low-income residents for solar installation. CHAPTER 5: Parks & Open Space 127 parks & open ch. 55 space 128 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 5: Parks & Open Space 129 parks & open space 5.1 Introduction Parks and open spaces play a critical role in the sustainability and health of the community by providing a focal point for community activities, recreation, and social interaction. Throughout the planning process, it became clear that access to quality parks, open spaces, and recreational amenities are a top priority for the CSE community. Residents consistently cited Mosqueda Community Center and park as one of its most valuable assets – a central hub for recreational activities, services, and social events. While existing parks in the Plan Area are well-used and cherished, they need additional upkeep and maintenance. In addition, new parks and open spaces should be created with a goal of ensuring that every resident is within easy walking distance of a park. Looking forward, CSE Fresno will build on its strengths and assets, improving existing parks and adding new parks to ensure that all residents have access to high-quality, attractive, and well-maintained parks and open spaces. The Central Southeast of the future will feature a diverse range of parks, open spaces, and recreational facilities tailored to satisfy community needs, including public spaces that accommodate fixed and flexible programming for social gatherings, activities for people of all ages, as well as active and passive recreation. Active, community-led surveillance and maintenance activities will improve park safety and upkeep, and foster a sense of pride and ownership over shared public spaces. 5.2 Existing Conditions The Fresno General Plan states that the City’s parkland standard is three acres per 1,000 residents for Pocket, Neighborhood, and Community parks, with an aspirational goal of five acres per 1,000 residents for all parks throughout the city, if additional funding for regional parks and trails is identified. There are currently 50.8 acres of parkland within the CSE Plan Area, with a ratio of 1.68 acres of park per 1,000 residents, above the current City average of 1.06 (pocket, neighborhood, and community parks) but below the General Plan goal of three acres per 1,000 residents. A majority of the Plan Area is within walking distance (a half mile) of a park or open space (see Figure 5-1), with the exception of the neighborhoods around the western and southeastern boundary of the Plan. Parks are distributed throughout the Plan Area in the form of two community parks (CALWA and Mosqueda), and several smaller neighborhood parks nestled amongst low-density residential areas. Table 5-1 lists all of the parks within the Plan Area. 130 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Table 5-1. Parks in the Plan Area Park Name Acreage Park Classification Agency Condition Amenities Mosqueda 10.02 Community City of Fresno PARCS Department Fair Baseball/softball field, basketball courts, tennis courts, playground, BMX park, swimming pool, recreation center Pilibos 13.22 Community City of Fresno PARCS Department Fair Picnic area, play structures, soccer fields (lighted) Trolley Creek 3.07 Neighborhood City of Fresno PARCS Department Good Picnic area, play structures, amphitheater/stage. Willow/Balch 1.14 Pocket City of Fresno PARCS Department Fair Picnic area, play structures Ponding Basin Park Y 4.98 Neighborhood FMFCD Ponding Basin Parks Fair Accessible path Calwa Park 18.35 Community Calwa Recreation Park District Unknown Soccer fields, baseball fields, basketball courts, community center, pool, play structures, picnic areas Total:50.79 Note: Sunnyside Park, a 4.27-acre neighborhood park is located just outside the CSESP area at Butler and Peach Ave. Open spaces are limited to several ponding basins and the Fairgrounds (see Figure 5-1. Park Facilities within a Half Mile Radius), which is predominately hardscaped and inaccessible to the public for most of the year. Additional recreational facilities can be found at many of the twelve schools located within the Plan Area. Currently two schools, Elizabeth Terronez Middle School and Vang Pao Elementary, have joint use agreements with the City to enable public use of their facilities. Most of the parks in the Plan Area are in “fair condition,” indicating some mechanical/equipment defects that require major repair or replacement. Additional park issues cited by the community include crime and safety, accessibility problems, poor maintenance, few shade structures, and lack of programming. While there are no immediate plans to upgrade the parks in the Plan Area, the Fresno Parks Master Plan has designated Pilibos Soccer Park and Mosqueda Center as “Flagship” parks, which will be prioritized for ongoing upgrades in the future. CHAPTER 5: Parks & Open Space 131 Figure 5-1. Park Facilities within a Half Mile Radius 132 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 5.3 Issues and Opportunities The following is a brief summary of the issues and opportunities around parks and open spaces in Central Southeast Fresno. Issues 1. Lack of parks and open spaces. The Plan Area needs approximately 40 additional acres of parks and open space to meet the General Plan goal of 3 acres per 1000 residents. Throughout the planning process, the community cited the need for additional parks, open spaces, and indoor recreational facilities. In addition, CSE Fresno’s demographics – with more children and larger household size than the City average – also highlight the high need and demand for additional parks. 2. Underserved areas. Residents around the western and southeastern boundaries of the Plan Area do not currently have a park or open space within a 5-minute walk of their homes. New parks and open spaces should be prioritized in these underserved areas. 3. Inadequate park and recreational amenities. Resident feedback suggests that current park amenities are not accommodating the broad range of user groups and activities sought by the community. In particular, there is a desire for indoor recreational facilities (e.g. gymnasiums or indoor sports courts), exercise equipment in parks, and multi-use trails which are not currently provided in the Plan Area. (Additional information on multi-use trails can be found in Chapter 4. Transportation, Public Realm, and Infrastructure) 4. Poor park conditions and maintenance. As identified in the Parks Master Plan (2017) most of the existing parks in the area have aging facilities and equipment that are in dire need of replacement and/or better maintenance. Litter, debris, and general upkeep issues were consistently mentioned by residents. 5. Lack of park programming and opportunities to be physically active. CSE Fresno currently has a number of barriers to physical activity, such as lack of parks and recreational facilities, limited programming, and streets that are not safe for bicyclists and pedestrians. Throughout the planning process residents expressed a desire for new, improved, and low-cost recreational programming that supports wellness and exercise and provides opportunities for social interaction, such as after-school programs and fitness classes. (Additional information related to public health and youth programming can be found in Chapter 7. Quality of Life). 6. Public safety concerns. The community is particularly concerned with safety in and around existing parks in Central Southeast Fresno. Many community members said that they do not feel safe in parks because of loitering or illicit activities. Residents also felt unsafe walking to parks due to speeding vehicles and lack of safe walking paths and crossings. CHAPTER 5: Parks & Open Space 133 Opportunities 7. Vacant and underutilized land. Numerous vacant parcels in the southern portion of the Plan Area present opportunities to add new parks or open space, particularly in underserved areas. This may require creative use of vacant parcels in neighborhoods, as well as new parks as part of large-scale mixed-use development or along neighborhood corridors such as Orange Avenue. 8. Abundance of public facilities and publicly owned land. A large portion (almost 25%) of the Plan Area is publicly owned, which also present opportunities to add new parks, open space, and recreational facilities in the community. 9. Existing joint-use agreements with schools. Joint-use agreements have successfully been implemented at two schools in the Plan Area (Elizabeth Terronez Middle School and Vang Pao Elementary) setting a precedent to pursue agreements at additional schools. 10. Mosqueda Center. Located in the heart of the Plan Area, the Mosqueda Center was identified as a “flagship” park in the Parks Master Plan and already serves as a central hub for community gathering and activities. Expansion and improvements to Mosqueda Center could thus benefit the large cross-section of the community that is already making use of this public amenity. 11. Engaged community groups. CSE Fresno boasts a number of engaged community groups and organizations already serving the area. The City could tap into this existing network of dedicated individuals to help sponsor park improvements, build community amenities, and take on maintenance activities. Trolley Creek Park in CSE Fresno Table Mountain Rancheria Park at the Big Fresno Fair. Photo credit: Big Fresno Fair Mosqueda Center skate park 134 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 5.4 Proposed Open Space Network The vision for parks and open spaces is shown in Figure 5-2 Proposed Open Space Network, and includes improvements to existing parks as well as conceptual locations for new parks, open spaces, and/or recreational facilities. Key elements of the proposed open space network include: • A multi-use trail along California Avenue • An indoor recreational facility/gymnasium in the neighborhoods north of Kings Canyon Road (see site at intersection of Garden and Huntington Avenues on Figure 5-2 Proposed Open Space Network). • New park spaces or recreational facilities in underserved areas and locations identified by the community include: the UMC Hospital site, the vacant lot along Huntington Avenue just north of Willow-Balch Park, on or in the vicinity of Hanoian Shopping Center and the Boys and Girls Club, the vacant parcel on the west side of Orange Avenue just north of Hamilton Avenue, and vacant parcels at the northeast corner of Cedar and California Avenues. CHAPTER 5: Parks & Open Space 135 Figure 5-2 Proposed Open Space Network 136 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 5.5 Goals and Strategies To address the community’s concerns, this plan builds on and goes beyond the Parks Master Plan recommendations to propose the following goals and strategies to improve access to parks and open spaces in Central Southeast Fresno. P-1. Increase the amount of parkland in CSE Fresno to ensure that all residents are within a 5-minute walk of a park or open space. P-1.1. Build new parks, open spaces, and recreational facilities, prioritizing underserved areas. New parks and open spaces in CSE Fresno are both a communitywide and City-directed goal. The Plan Area needs approximately 40 additional acres of parks and open space to meet the General Plan goal of 3 acres per 1000 residents. In addition, many residents expressed a desire for additional recreational facilities in CSE Fresno such as indoor gymnasiums, pools, and sports courts. Approximately 10 percent of land in the Plan Area is currently vacant and over 100 acres are underutilized, providing an opportunity to add new parks and open spaces (see Figure 5-3. Vacant and Underutilized Land). The City should seek funding for and acquire vacant or underutilized sites for open space, new parks, and recreation centers. This could include applying for grant funding, such as State of California Prop 68 funding, Community Health grants from healthcare providers, and foundation grants aimed at improving the community’s access to parks and open space. Additionally, the City should identify partnering and funding opportunities for the use or development of private or semi-private parks and open spaces, such as parks and open spaces built by economic development corporations, access to open spaces and recreational amenities at Fresno Pacific University, and open spaces built at religious institutions. Priority locations for new parks and/or open spaces include areas where residents are not within a 5-minute walk of a park, and areas identified by the community, as shown in Figure 5-2 Proposed Open Space Network. Vacant theater site across from the Fairgrounds Vacant lots surrounding Mosqueda Center CHAPTER 5: Parks & Open Space 137 Figure 5-3. Vacant and Underutilized Land 138 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN P-1.2. Encourage publicly accessible private open spaces. The City should develop incentives and design guidelines for new parks and public spaces constructed as part of new, multifamily residential subdivisions. These guidelines should include specific criteria for park placement and design and criteria for when parks should be encouraged and/or required as part of new development. In creating these criteria, the City should consider the following: • Locating pocket parks at the front of properties where they are visible to the wider community • Providing depth and size standards for the park so that visual permeability and access is maintained • Including landscaping guidance and maintenance criteria • Creating closure, opening, and access stipulations so that parks are accessible to the general public P-1.3. Convert flood control land to parks and open spaces. The City should partner with the Fresno Metropolitan Flood Control District (FMFCD) to maximize recreational opportunities at ponding basins, such as Ponding Basin Park A (along Braley Canal between Maple and Chestnut Avenues), through expanded seasonal access, redesign, grading, and amenity development in keeping with the Fresno Parks Master Plan. P-1.4. Pursue additional joint-use agreements with Fresno Unified School District. The City currently has joint-use agreements with Fresno Unified School District that enable public use of the recreational facilities at Elizabeth Terronez Middle School and Vang Pao Elementary. The City should continue to pursue joint-use agreements with the school district to allow public access to additional schools in CSE Fresno, expand the hours school recreational facilities are open to the public (i.e. evenings, weekends) and include access to indoor facilities at schools (e.g. gyms). Priority schools for new joint-use agreements, as identified by the community, are Sequoia Middle School and Lane Elementary School. This strategy works in tandem with Strategy P-3.1 to provide both the use and programing of joint-use facilities to provide CSE residents access to a range of opportunities to enhance their health and wellbeing. Publicly-accessible park as part of a housing development Pocket park CHAPTER 5: Parks & Open Space 139 P-1.5. Pursue joint-use agreements with the Fresno Fairgrounds. At one time the City had a joint-use agreement with the Fresno Fairgrounds to use the vacant overflow parking lots next to Mosqueda Center for sports fields. The Fairgrounds covers approximately 70 acres of the Plan Area, most of which is only used for a short duration during the year, and is otherwise vacant or underutilized. The City should strive to reestablish a joint- use agreement with the Fairgrounds and the County of Fresno to use vacant and surface parking lots (such as those next to Mosqueda Center) for sports activities, community events, and other temporary uses when the Fair is not in session. Vacant lot transformed into temporary park / event space. Photo credit: 880Cities 140 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN P-2. Improve the quality and safety of parks in CSE Fresno. P-2.1. Renovate and upgrade existing park facilities to support the recreational, physical, and social needs of residents. Most of the parks in the Plan Area are in need of equipment repairs and upgrades. Resident feedback also suggests a mismatch between current park amenities and the types of activities the community would like to engage in. Providing better and more usable parks and open spaces will attract activity, improve safety, and foster a sense of stewardship. The City should work to renovate and upgrade existing park facilities and add new amenities over time. For example, the City could install new park fitness equipment and other amenities, including bilingual signage and running paths, that promote increased physical activity and overall use of park facilities. The City should pursue funding outside of the General Fund, such as State of California Prop 68 funding, Community Health grants from healthcare providers, and foundation grants aimed at improving the community’s access to parks and open space. Given their recent partnership and success in securing grant funding, the City should consult with the Calwa Recreation and Park District and Fresno Building Healthy Communities on future Prop 68 grant applications. Priority parks for new and improved amenities are Mosqueda Community Center and Park, and Pilibos Soccer Park. The City should prioritize park amenities that the community favors and that have the most potential to activate these spaces by drawing people in. The types of park amenities identified by the community as a priority include: • Aquatic facilities (pool, splash pad) • Fitness equipment • Classrooms • Commercial kitchens • Restrooms and water fountains • Shade structures CHAPTER 5: Parks & Open Space 141 P-2.2. Upgrade existing parks in a way that promotes natural surveillance or “eyes on the street” to deter illicit activities. Well designed and maintained parks and public spaces feel inviting and foster increased activity, which in turn deters illicit activities. In designing new parks and improving existing streetscapes, parks, and open spaces in the Plan Area, the City should incorporate crime prevention through environmental design (CPTED) principles based on a natural surveillance approach, including: • Fixing and installing additional LED lighting in and around parks and community spaces to enhance visibility and safety • Creating well-defined and visible points of ingress and egress • Establishing natural surveillance through “eyes” on the public space from adjacent buildings, streets, and from within the public space • Encouraging programmed activities that increase use • Implementing regular maintenance and timely repairs • Designing landscape areas that consist of trees, low shrubs, groundcovers, and grasses to maintain visibility into and out of public spaces. P-2.3. Increase patrolling and enforcement around parks and open spaces. The police and community watch presence in public spaces should be expanded to ensure that CSE Fresno’s parks and open spaces remain as safe and free of crime as possible. The PARCS department should coordinate with the Fresno Police Department to focus and increase police patrolling and enforcement around parks and community spaces. In addition, the City could pursue funding to provide a dedicated “park ranger” or “park manager” to monitor parks in the Plan Area and serve as a steward of the parks. A dedicated park ranger could deter illicit activities and help organize community park maintenance. The park ranger could be a dedicated Fresno Police Officer or a civilian Community Service Officer. Open space with shade structures Multi-use trail 142 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN P-2.4. Pursue creative solutions to fund and support improved and ongoing park maintenance. Attractive and high quality parks, public spaces, and recreation facilities generate a sense of pride, encourage active use of facilities, and improve safety. Funding for the creation and on- going maintenance of public open space is a challenge for all California communities, and Fresno is no exception. A creative and multi-faceted approach is needed. Future maintenance needs, including sufficient staffing, should be anticipated early in the design process and should consider the available maintenance budget. When renovating or building new parks and recreational facilities, the City should use durable materials and equipment and install low-maintenance, drought-resistant landscaping whenever possible to reduce maintenance time and costs. The PARCS Department should define park maintenance zones and ensure that every park over 10 acres in size includes a small maintenance yard to facilitate regular upkeep consistent with the Parks Master Plan recommendation. In addition, the City should pursue outside funding and support for park maintenance. For instance, the City could partner with local community organizations and volunteers to help establish a “Friends of the Park” neighborhood group for each park that would pursue grants for park upkeep and organize community cleanup days. P-3. Expand recreational programming and facilities to meet the needs of users of all ages and abilities. P-3.1. Expand programming at parks and community facilities to provide diverse opportunities for physical activity, creativity, learning, and social interaction. Throughout the planning process, the CSE community expressed the desire for new and improved recreational programming, particularly for children and seniors. Community events, afterschool programs, educational, arts and fitness classes, to name a few, can provide much-needed opportunities for social interaction, no or low-cost physical activity, and childcare alternatives for parents. Additionally, parks and open spaces that flexibly accommodate and support a broad range of activities and programming are more likely to be frequented by larger numbers of people who live in the neighborhood and as a result feel more engaging and safer due to the increased level of local ownership and natural surveillance. The City should work to improve and expand programming at parks to meet the physical and social needs of users of all ages and abilities. This could include partnering with schools and community-based organizations such as the Boys and Girls Club, Reading and Beyond, and others to provide a range of programming and activities. The first step would be to evaluate existing community programs, assess needs, and develop more programming to fill gaps or shortcomings in content and scheduling. The types of park programs and activities identified by the community as a priority include: • Aquatic activities (swim lessons) • Gardening • After-school programming • Cooking • Activities for seniors (e.g. art classes, fitness classes) • Fitness classes (e.g. Zumba) CHAPTER 5: Parks & Open Space 143 P-3.2. Increase awareness of existing community facilities and programs. CSE Fresno is home to a number of community groups and organizations that provide valuable community services and recreational programming in addition to those offered by the City. Through the planning and outreach process, it became clear that many residents may not be aware of these programs. To ensure that the community is taking full advantage of existing resources, the City should create a marketing and outreach campaign to better inform residents about existing community facilities, services, and programs. This could include: • A directory of CSE community organizations and programs • Informational brochures, mailers, and web resources to highlight existing community facilities, services, and programs • Community ambassadors • Community kiosks to provide residents with easy access to neighborhood information and promote community activities and events Splashpad. Photo credit: Greenville Parks & Recreation Outdoor fitness class. Photo credit: gothammag.com 144 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 6: Economic Development 145 economic ch. 66 development 146 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 6: Economic Development 147 6.1 Introduction Economic development will be instrumental in driving economic activity and investment to transform CSE Fresno into a thriving and successful area. Throughout the planning process, CSE Fresno residents emphasized the need for accessible and affordable education, training, and career pathway programs that will expand and diversify employment opportunities for residents. In particular, youth programs that offer vocational training and access to apprenticeship and internship opportunities to foster early career development are needed. Proactive economic development initiatives have the potential to address these key community priorities by fostering job creation, supporting local business development and retention, developing a dynamic area with a strong sense of place, and boosting access to community benefits. Though CSE Fresno has various physical and socioeconomic obstacles to overcome, this Plan presents an opportunity to implement a place-based economic development strategy centered on inclusive community benefits and improving prosperity and economic mobility for local residents and workers. To do so, this Chapter includes goals and strategies that focus on improving the appearance of CSE Fresno’s commercial areas, diversifying the economy, capitalizing on the area’s existing strong community of small independent businesses/entrepreneurs and rich cultural identity, and expanding access to education, technical assistance, and capital resources. 6.2 Existing Conditions CSE Fresno, though adjacent to several high performing neighborhoods, struggles economically and is characterized by high rates of poverty and unemployment. With educational attainment levels and labor force participation rates well below City averages, the Plan Area’s median household income is just under $26,000, half that of Fresno overall (US Census 2010; US Census American Community Survey (ACS) 2011-2015 5-year estimates). Although the CSE Fresno populace is notably younger than the remainder of the City, its residents are more likely to report health concerns and limited access to healthcare. Overall, economic opportunities and achievements in the Plan Area appear more limited than in the City as a whole. CSE Fresno’s employment base is also mismatched with the skills and capabilities of its population. Commuters residing outside the Plan Area fill approximately 94 percent of all jobs in CSE Fresno, whose economy is focused in sectors such as health care and social assistance, retail trade, and accommodation and food services. Meanwhile, only 3 percent of employed CSE Fresno residents work within the neighborhood, opting instead for employment in manufacturing positions both in nearby industrial areas and other parts of the City (US Census LEHD OnTheMap, 2015). Overall, CSE Fresno’s economy is constrained with limited potential for growth. The Plan Area’s single largest employer – the Internal Revenue Service (IRS) tax processing center at Willow and Butler Avenues – is scheduled to shut down in 2021, resulting in the loss of around 3,000 jobs. Most other economic activity is focused primarily around a few major retail nodes along the Kings Canyon corridor – an area that has also absorbed much of the newer construction. However, nationwide trends relative to the decline of brick and mortar retail, coupled with indications of a weakening real estate sector, highlight the need to diversify commercial offerings and economic opportunities in CSE Fresno. economic development 148 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 6.3 Issues and Opportunities In order to transform the CSE Fresno area, the City and the community must work with existing impediments and issues to help actualize the potential opportunities. Below is a brief summary of the existing economic issues and opportunities in CSE Fresno. Issues 1. Socioeconomic obstacles. Incomes in CSE Fresno are well below that of the City, with over 60 percent of households earning less than $35,000 per year. Over half of CSE Fresno households fall below the poverty line and average unemployment rates for CSE Fresno are higher than the City overall. Combined with lower levels of educational attainment, CSE Fresno residents face significant barriers to attaining higher-wage jobs, upward mobility, and improved quality of life. 2. Limited economic development opportunities. Economic growth potential is currently constrained due to both socioeconomic and market-related factors. Apart from the IRS Tax Processing Center, most economic activity in the area is focused around a few major retail nodes along the Kings Canyon corridor, which may experience steady declines based on changing market dynamics. Moreover, though CSE Fresno is home to many small businesses, low levels of educational attainment and professional training may limit the potential for entrepreneurial behavior. 3. Labor force / jobs mismatch. Most employed residents in CSE Fresno are not equipped with the skills and experiences that employers in the area demand. This dynamic causes an over-reliance on out-of-area workers, which reinforces unsustainable commuting patterns. 4. Sluggish real estate market. Home and rental values in the Plan Area are well below City averages. Residential real estate transaction sales activity is also light due in large part to low population and household growth, low homeownership rates, and significant housing cost burdens in the area. Retail and office inventories have remained flat and vacancy continues to increase, while lease rates are declining. More than half of the area’s office inventory will soon become vacant after the closure of the IRS building. Opportunities 1. Vacant and underutilized land. Vacant and underutilized parcels in the Plan Area offer the opportunity for reuse and revitalization and the development of new employment-generating uses. 2. Robust home-based and small business community. CSE Fresno is an entrepreneurial community with many small and home-based businesses. Many local merchants are looking for opportunities to scale up operations or establish a brick and mortar storefront. 3. Specialized retail markets. Kings Canyon Road is a major retail corridor and the focus of much of the newer construction and economic activity in the Plan Area. With stronger branding and promotion, there is potential to build and expand on the area’s strong retail presence, particularly for specialized ethnic offerings, to turn CSE Fresno into a unique cultural, arts, and shopping destination. CHAPTER 6: Economic Development 149 4. Existing economic development programs and resources. Existing economic development service providers such as Fresno Economic Development Corporation, Fresno Regional Workforce Development Board, Fresno Pacific University’s Center for Community Transformation, and Fresno State Small Business Development Center provide an array of resources to support small businesses, including assistance with developing a business plan, securing financing, and maneuvering permits and licensing. In addition, CSE Fresno residents have access to post-high school education and job training/support through the Workforce Innovation and Opportunity Act Year-Round Youth Services, Fresno Unified School District-Fresno Adult School, and Central Unified School District – Central Learning Adult School, among others. However, these services have not been publicized to every sector of the community, offering opportunities to offer better coordinated service provision and awareness in the neighborhood. 5. Engaged community groups. CSE Fresno boasts a number of engaged community groups and organizations already serving the area. Many organizations and nonprofits are working to improve social and economic outcomes in CSE Fresno. Improving the capacity and networks of these existing organizations will improve their ability to serve the community. 6. Target Industries. Bolstering and creating opportunities in target growth industries such as health care and personal services; educational services; data processing and call centers; and manufacturing, warehousing, and distribution uses offer opportunities for diversification, revitalization, and improved economic opportunities for CSE Fresno residents. 7. Nearby employment centers. Nearby expanding industrial nodes such a South Industrial Priority Area, coupled with other major employment centers throughout the Fresno region, can offer dynamic new job opportunities for CSE Fresno residents. Expanding and improving access to workforce training will be critical to ensure that the resident workforce is better prepared with the skills to acquire these higher-paying jobs. Downtown Fresno. Photo credit: Fresno Bee IRS Processing Center - a key opportunity site 150 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 6.4 Targeted Industry Sectors Economic diversification in CSE Fresno can offer much needed opportunities for revitalization and improved economic outcomes for residents. Sectors that can spur positive growth in the Plan Area include health care and personal services; educational services; data processing and call centers; and manufacturing, warehousing, and distribution. These targeted industry sectors are described further below. • Health care and personal services. Health care and personal services are in significant demand throughout the nation from the aging Baby Boomer generation to the growing Generation “Z.” While the future of the Affordable Care Act is uncertain, it and the associated Medicaid expansion have had the effect of further increasing demand for health services. Employment in health care and personal services has demonstrated growth in the Plan Area and is expected to continue. The location of medical clinics, skilled nursing facilities, adult daycare, and other healthcare and personal services proximate to all of the medically needy populations should be a focus of CSE Fresno planning efforts. • Educational services. Educational services provide important institutional uses that can contribute to improvements in the built environment and offer critical opportunities for workforce development. Attracting educational service providers to CSE Fresno should be a cornerstone of future economic development efforts. Trade schools and smaller-scale certificate programs focused on the medical, construction, energy, information technology, and other industries offer critical workforce development opportunities that will improve CSE Fresno and the City’s ability to attract businesses reliant on these skills. For example, Fresno State’s planned First Responders Center (just south of the Plan Area) will include academies for police, fire and emergency services that could provide valuable job training opportunities for CSE residents. With the availability of bus rapid transit along the Kings Canyon corridor, this area is well-positioned to accommodate in- commuting students. • Data processing and call centers. Data processing and call center activities are a primary focus of ongoing economic development efforts in the City. Reliant upon adequate fiber optic and broadband service as well as a seismically stable environment, these industries are a natural fit for the City of Fresno and its workforce. CSE Fresno may be able to attract some of these uses, and the IRS tax return processing site may be appropriately repositioned for these uses. • Manufacturing, warehousing, and distribution. Manufacturing, processing, warehouse distribution, and fulfillment centers are primary sources of employment for CSE Fresno residents. Sites appropriate for expansion of these uses are limited as they generally need to be in excess of 100 acres with easy access to major freeways and other modes of transportation. However, to the extent that sites suitable for a subset of low-impact industrial uses are identified (with consideration to appropriate site adjacencies and impacts on surrounding neighborhoods), the City should continue efforts to attract these users to CSE Fresno, as they provide critical employment opportunities aligned with current workforce characteristics. CHAPTER 6: Economic Development 151 6.5 Goals and Strategies This section details the goals and strategies that will help jumpstart an inclusive economic development program for CSE Fresno. These recommendations focus specifically on rehabilitating the public realm to attract renewed private investment, providing targeted support to small- and medium-sized local businesses, and strengthening job training and education initiatives to allow residents to better compete in the marketplace. ED-1. Improve the appearance and cleanliness of CSE Fresno to attract new businesses, customers, and investment. ED-1.1. Identify targeted opportunity sites and areas with economic development potential. Planning and revitalization efforts should focus on identifying and positioning vacant and underutilized sites for new desired uses, paying particular attention to access, land use adjacencies, infrastructure needs, and site configuration. The City should evaluate underutilized and vacant opportunity sites that may satisfy the space demands of key industry targets mentioned above. Along with these efforts, City staff will need to work assertively to identify potential reuse opportunities for the IRS facility, overcoming challenges associated with the site’s location well away from major transportation corridors and within a predominantly residential neighborhood. The City should pursue additional Environmental Protection Agency Brownfields Grant Funding to identify sites that have contamination that may inhibit potential development. These funds can also be used to conduct market studies and develop strategic development road maps. These grants can be pursued in coalition with groups such as Fresno County Economic Opportunities Commission (EOC), the County of Fresno, and community development corporations. Light industrial / makerspaces Bitwise Industries in Downtown Fresno. Photo credit: Fresno Bee 152 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN ED-1.2. Encourage and facilitate the reuse and revitalization of existing development. Entrepreneurs and small businesses need flexible, affordable commercial space to expand and scale up their operations. Residents and businesses specifically expressed interest in flexible makerspaces and a community commercial kitchen to support caterers and mobile vendors. The Plan Area is characterized by underperforming and dated strip retail that could be strategically repurposed for better, more valuable uses. To accommodate local entrepreneurs, City staff should work to identify existing reuse opportunities for small/flexible retail spaces, commercial kitchens, makerspaces, and other types of uses desired by the community. The City should develop design and resource guides regarding adaptive reuse and rehabilitation and convey them clearly to property owners. Efforts to reuse and revitalize existing commercial spaces can be further advanced by developing incentives for landlords to update older structures, creating streamlined and clear permitting and inspection processes, and partnering with the commercial brokerage community to connect local merchants and entrepreneurs to local real estate opportunities. This strategy works in tandem with Strategy ED-1.6 to provide both indoor and outdoor/ temporary spaces in the community where mobile vendors and small local businesses can showcase culturally-themed merchandise, including arts and crafts and ethnic food reflective of CSE Fresno’s entrepreneurial spirit and diversity. Adaptive reuse opportunities will continue to expand in the future as existing structures outgrow their original programming purposes and become increasingly underutilized. At present, the City has identified Orange Avenue as one such as area with properties ripe for adaptive reuse (See Strategy LU-3.2). ED-1.3. Invest in needed public infrastructure (e.g., water, sewer, stormwater) at key opportunity sites to provide “shovel-ready” development opportunities. A complete analysis of opportunity sites should consider deficiencies in terms of access and infrastructure and identify critical improvements to address them. Based on a comprehensive inventory of infrastructure needs, the City should prioritize improvements that present the greatest opportunity to spur redevelopment and investment, seeking to reduce private sector uncertainty, development risk, and costs. The prioritized list of infrastructure improvements should be coordinated with improvements to the public realm (see Chapters 3 and 4). As part of this strategy, the City, in coordination with the appropriate City Councilmember’s office, should develop an infrastructure funding and financing strategy to effect critical improvements that will create “shovel-ready” development sites. ED-1.4. Establish a consistent corridor maintenance program. For potential investors and shoppers, first impressions are crucial. Poor maintenance of public and private property suggests that the City and community does not care about the neighborhood. Establishing more frequent trash pick-up, street sweeping, and other appropriate maintenance schedules will noticeably improve the appearance and image of CSE Fresno and help attract new businesses and customers. To the extent possible, maintenance efforts should be coordinated with other public streetscape improvements along the area’s priority corridors - Kings Canyon Road, Orange Avenue, and Butler Avenue (see Chapters 3 and 4 for additional information on recommended street and streetscape improvements). CHAPTER 6: Economic Development 153 Effective corridor maintenance is dependent upon a stable source of revenue and community- based organized leadership. A Business Improvement Area (BIA) or a Property-Based Improvement District (PBID) may be one avenue the City could explore to generate revenue for enhanced maintenance of streets, sidewalks, plazas, and other publicly spaces. With limited public resources, it will also be important for the City to help organize and coordinate local community and faith-based organizations, businesses, and resident volunteers to conduct clean ups and other beautification efforts. These types of efforts can instill a sense of pride and community ownership, while providing consistent corridor maintenance that businesses can embrace and strengthen over time. ED-1.5. Expand code enforcement efforts targeting blighted and underutilized sites. Resolving existing issues related to blight and disinvestment will be critical to creating a clean and attractive environment that invites new investment and business activity. Efforts to remove existing blight should rely upon a “carrot and stick” approach that includes incentives for landlords to improve their properties coupled with enforcement of existing codes and policies. The City should inventory chronic code enforcement issues and develop a proactive code enforcement strategy, targeting blighted and vacant sites along key commercial corridors and near high- activity areas such as parks and schools. The City should also work to educate merchants and residents regarding code enforcement policies and how to report code enforcement issues in their community. This Strategy works in tandem with Strategy PS-2.1, as it provides the added benefits of reducing public health hazards within buildings and increasing a sense of safety for community members navigating the public realm. Public infrastructure project. Photo credit: City of San Rafael Community cleanup and beautification 154 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN ED-1.6. Allow and encourage temporary uses (e.g., food trucks, pop-up retail, farmer’s markets) to activate vacant spaces and attract new businesses and development. Activation of vacant spaces in the Plan Area through temporary commercial uses will not only mitigate blighted conditions and create a more vibrant public realm, but also contribute to community and business development efforts. Temporary uses such as food trucks, pop-up retail, farmer’s markets, and street bazaars offer an opportunity for local business owners to market and sell their goods and services with the added benefit of offering a community gathering space where residents and employees can congregate. These also provide an opportunity to contribute to networking and capacity-building efforts. In order to ensure that opportunities associated with activation of public spaces through temporary uses are maximized, the City should review existing regulations and permitting processes to ensure the process for the desired uses (e.g. street vendors, live music) is not too burdensome, costly, or time consuming. There should be a particular emphasis on ensuring that the hours of allowed operations are calibrated to the community’s needs and consumer demand. While there is vacant and underutilized land suitable for such uses throughout the Plan Area, the overflow parking lots at the Fresno Fairgrounds represent ideal sites given their strategic location and sizable area (See Strategy LU-4.3). CHAPTER 6: Economic Development 155 ED-1.7. Develop a distinctive brand for the area as a unique cultural, art, entertainment, and retail destination. CSE Fresno’s cultural offerings should be highlighted and emphasized to distinguish and promote it as unique destination for art, entertainment, and ethnic retail establishments. Unfortunately, CSE Fresno’s rich cultural identity and assets are not always reflected in the area’s overall built environment or reputation. Developing a distinctive, authentic, and unique brand for CSE Fresno will cultivate a stronger sense of identity and allow the community to market its social and commercial assets to attract new residents, employers, visitors, and investors. As a first step, the City should work with neighborhood groups, the arts community, and merchant networks to develop a distinctive and grassroots vision for the Central Southeast community that identifies signature elements of the community, with consideration to the Plan Area’s history, architecture, people, merchants, and institutions. Based on that vision, the City should develop and execute a comprehensive community branding and promotional strategy that implements the community’s vision and that plays to the area’s history, cultural heritage, and other strengths. For instance, incorporating culturally-themed gateway elements, wayfinding signage, public art, and streetscape amenities could create a cohesive and recognizable identity for CSE Fresno. This strategy should also include creating eye-catching promotional materials, establishing a better social media presence, and creating a website with an online business directory and calendar of events. Branding efforts should be undertaken for both CSE Fresno as a whole and individual subareas, as appropriate (see Strategy CE-1.3). Strategy LU-1.3 provides an example of how the Kings Canyon Corridor could benefit from a well-coordinated and targeted branding effort. Distinctive and artistic streetscape elements Gateway feature. Photo credit: thebolditalic.com 156 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN ED-1.8. Establish a Facade Improvement and Beautification Program. Revitalizing storefronts through simple improvements such as repairs, new paint, and attractive signage can create positive visual change in the neighborhood and improve economic vitality as consumer traffic increases and neighboring businesses and property owners are encouraged to implement similar improvements. Studies have demonstrated that improvements to the visual character of buildings can have real effects on business economics, generating sustained increases in sales activity. The City should develop a Facade Improvement and Beautification Program to encourage property owners and businesses to improve building facades and rehabilitate the interior and exterior of aged and neglected buildings. This could include incentives such as matching grants or loan programs, tax incentives, or design and other technical assistance. For example, Kings Canyon Road is once such area that could benefit greatly from such a program’s implementation (see Strategy LU-1.4). Funding for such a program will likely require aggressive pursuit of federal and state grants as well as the potential dedication of public funds. The City, the applicable district Councilmember’s office, and community-based business associations should work with businesses and property owners, financial institutions, and foundations to pursue a variety of potential funding sources, such as loans and grants. The City could also opt to dedicate a portion of increased sales or property tax receipts to sustain the program. Facade improvement through artistic murals Well-maintained streetscape amenities and storefronts CHAPTER 6: Economic Development 157 ED-2. Foster the creation, retention, expansion, and attraction of local and small businesses. ED-2.1. Convene an Economic Development Working Group to develop a neighborhood-based economic development strategy. A neighborhood-based economic development strategy would position Central Southeast to compete and connect to surrounding institutions and employers while also addressing place- specific quality of life factors, local labor resources, and employment and business opportunities. The City should convene an Economic Development Working Group of community groups, merchants, property owners, educational institutions, and local economic development service providers to create a neighborhood-based economic development strategy for CSE Fresno focused on placemaking, cultivation of the entrepreneur community, expansion and retention of local small businesses, and capacity building. The Working Group will provide a forum to evaluate and address community-specific issues and build organizational capacity at a grassroots, neighborhood level. The City should participate in a supporting and coordinating role, ensuring that the Economic Development Working Group has access to key City staff and policy makers. These Working Group efforts should be coordinated and integrated with the neighborhood branding efforts, business liaison role, and other economic development efforts described in this chapter. Implementation of local economic development initiatives can be resource-intensive, and the City and Working Group will likely need to evaluate and pursue a variety of funding resources such as federal and state grants, emerging tax increment financing mechanisms, business improvement districts, and other revenue sources. The City could also support the Working Group and community partners by helping mobilize support for initiatives through both financial means (such as applying for grant funding) as well as other grassroots campaign techniques (e.g., social media based crowd-sourcing or funding). Neighborhood-Based Economic Development Neighborhood-based economic development strategies focus on neighborhood-level interventions and actions to foster improved economic outcomes, opportunities, and community vitality. While traditional economic development efforts focus primarily on attracting major employers, neighborhood-based economic development focuses on smaller-scale local interventions and a “bottom-up” approach that involves community members in the process and emphasizes strategies to increase local economic opportunities, promote citizen control and self-determination over economic outcomes, and improve equity. 158 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN ED-2.2. Provide incentives and financial assistance to support small businesses in CSE Fresno. Small business development is a major driving force behind job creation and cultivating small business opportunities is a cornerstone of neighborhood-based economic development strategies. The City should evaluate and expand existing support programs and incentives to help small businesses start, grow, and expand. This could include financing assistance, permitting assistance, and a partnership with Fresno Pacific University’s Center for Community Transformation to provide technical assistance programs that offer services such as business development strategies, business planning services, management training, and a wide variety of related services. Often, access to capital is the primary determinant of whether a business will grow and survive over the long-term. By collaborating with community organizations and non-profit credit unions to provide financial literacy education (e.g., how to navigate the lending process and apply for the appropriate loan product), offering workshops on improving credit scores, and establishing a microloan program, the City could improve access to capital for CSE small businesses. CHAPTER 6: Economic Development 159 ED-2.3. Hire a business liaison focused on assisting small and local businesses. A number of existing economic development service providers and programs exist to facilitate the development and growth of small business enterprises. For example, the Governor’s Office of Business and Economic Development offers a number of small business incentive programs through the Office of Small Business Advocate (OSBA). Local Community Development Financial Institutions (CDFIs) and other providers offer financing and business assistance for small and developing businesses. Local service providers such as Fresno Economic Development Corporation, Fresno Regional Workforce Development Board, Fresno Pacific University Center for Community Transformation, and Fresno State Small Business Development Center provide an array of resources to support small business, including assistance with developing a business plan, securing financing, and maneuvering permits and licensing. Unfortunately, many residents and businesses may not be aware of or able to access these services. The City can play a key role in facilitating and coordinating access to existing and new programs by hiring a local small business liaison to help connect small businesses and entrepreneurs with various nonprofit providers, financial institutions, and local, state and federal government programs, offering both education regarding available resources as well as technical application assistance. The business liaison could also help small and local businesses navigate permitting and other regulatory compliance processes. The person hired for this position should be bilingual and understand the business community in CSE Fresno. ED-3. Expand availability of and access to worker and student education, job training, and placement programs. ED-3.1. Conduct a study to identify and document workforce skills and labor resources of CSE residents. Many residents in CSE Fresno are not equipped with the skills and experiences that employers in the area demand. In coordination with the neighborhood-based economic development strategy described previously, the City should undertake a concerted effort to better understand current labor market dynamics and trends in CSE Fresno. As a first step towards understanding and addressing this skills mismatch, the City should commission a study to document the existing workforce skills and labor resources present in CSE Fresno, taking into consideration the commute patterns and socioeconomic characteristics of the population. This study will provide important information regarding the types of opportunities for which CSE residents are qualified and will help to identify key skills gaps and workforce training needs. The study should also evaluate the role that new and emerging businesses play in the local economy, seeking to understand home-based business and sole proprietor business dynamics. 160 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN ED-3.2. Work with educational institutions and workforce development providers to expand and create new education and training programs based on employer/industry needs. Trends in employment opportunities throughout the Fresno region should be evaluated to understand the likely characteristics, education, and training requirements of job opportunities for CSE residents. The City should work with its various job training partners, such as the Fresno Regional Workforce Development Board, as well as educational institutions such as the Fresno Adult School and Fresno City College to expand job training opportunities for CSE residents, customizing training to meet employer/industry needs and address the skills gaps identified by the workforce study (see Strategy ED-3.1). Adult education initiatives should focus not only on current employment needs and trends, but also look forward ensuring that skill development and labor resources evolve with changing technological and employment requirements. Job training programs and workshops should use a holistic approach to accessing employment opportunities by incorporating foundational and soft skills such as English-language speaking, resume writing, and interviewing. Increasing the education level, English language skills, and vocational credentials of the adult workforce is central to growing the CSE Fresno economy and reducing economic disparities. CSE Fresno residents may also face barriers to accessing available workforce development and career pathway resources, such as cost, hours, and proximity to home. To improve access, economic development service providers should have an on the ground presence in the community, offering local classes, workshops, and activities at convenient times and locations and attending local events such as swap meets, festivals, farmers’ markets, and other local community gatherings. ED-3.3. Partner with private industry to bring recruitment, job training, and apprenticeship programs to the neighborhood. Many applied manufacturing and industrial technology applications require extremely specialized training and many companies are turning to apprenticeship and onsite job training programs to cultivate needed labor resources. These efforts can be costly, requiring intensive up-front investment in employee development. The City should coordinate with trade unions, the San Joaquin Valley Manufacturing Alliance, and local employers, particularly those located proximate to the Plan Area to identify employment and labor resource needs and develop strategies and incentives to bring job training and apprenticeship opportunities to the neighborhood. Such an approach can benefit both the community and employers by training residents for and connecting them to local employment opportunities and ensuring that local industry has access to a more robust pipeline of qualified workers. Incentives for employers to participate may also include grant or matching funds, tax benefits, or other economic development incentives offered by the City. ED-3.4. Integrate economic development, workforce training, and placement programs with social service and youth development programs. Barriers to economic mobility in CSE Fresno are not limited to difficulties accessing employment opportunities. Social issues such as substance abuse, behavioral health, and mental health are also key factors in socioeconomic struggles throughout the community. Furthermore, access to employment and job training resources can be difficult for those families without access to reliable childcare. These dynamics can lead to inter-generational struggles with poverty that need to be addressed through holistic economic development, social service, and youth development strategies. CHAPTER 6: Economic Development 161 The City should work with social service providers to ensure the provision of integrated social and economic development services, combining addiction and mental health services with job training and placement programs. Economic development and job training workshops should include resources for parents – onsite childcare, information regarding school transportation options, after school programs and activities, and other resources. These programs should similarly be coordinated with youth development programs that seek to develop the next generation of workers and business owners and offer resources such as tutoring, internship and apprenticeship opportunities, college admissions and preparatory courses, scholarship information, financial literacy, and other skills that will prepare youth to enter the workforce. ED-3.5. Work with local schools and employers to advertise and expand career development opportunities for youth. To help youth achieve professional success, robust educational, career, and job skills offerings must be provided. Local schools can help educate students regarding college preparatory programs, local post-secondary training, and post-college career paths, and connect students to employment opportunities. For example, community colleges often offer valuable applied manufacturing and technology training programs, which should be promoted to high school students as part of a comprehensive list of post-secondary education options. Continuing support for existing organizations that offer youth programs (particularly those focused on career exploration and job readiness) and increasing the number of counselors in schools will ensure that youth have the information and resources necessary to pursue college and vocational training, such as how to navigate the application process and financial aid options. The City should also work with local high schools, universities (i.e. Fresno Pacific University and California State University, Fresno), and employers to expand training and career development opportunities for youth. This might include creating vocational, internship, and mentorship programs for youth to develop skill sets and increase experience levels. Supporting youth with valuable skills and resources will set them up to acquire well-paying employment in the future. Job training. Photo credit: Fresno Adult School Fresno Adult School. Photo credit: fas.edu 162 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN ED-3.6. Consider first-source hiring programs that encourage businesses locating around CSE Fresno and Southwest Fresno to hire and train local residents. Incentives for hiring and training local residents can complement local economic development efforts. The City should consider creating a first-source hiring program for CSE Fresno, taking care to devise incentives for local hiring policies without dampening private sector interest in the CSE Fresno community. These efforts must also be coordinated with job training and other workforce development programs to ensure that the available labor resources meet the needs of targeted employers. ED-3.7. Develop a coordinated marketing campaign to increase awareness of education, job training, and placement programs. While many education and workforce development resources exist, residents may not be aware of available workforce development and career pathway resources. In coordination with other economic development initiatives, the City and other economic development service providers should develop a coordinated marketing campaign to better inform residents of available education, training, and job placement resources and programs. Promotion of workforce resources through partnerships with local community organizations, schools, churches, libraries, and other educational institutions will inform more residents about services including information on how to apply and pay for certification and degree programs. For example, the City and its partners could staff information booths at local events that provide merchants, employees, and residents information regarding economic development, social services, youth development, workforce training and employment programs, as well as other community- based activities and opportunities. CHAPTER 7: Quality of Life 163 quality of lifech. 77 164 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 7: Quality of Life 165 quality of life 7.1 Introduction Neighborhoods represent the largest single land use in CSE Fresno and are the backbone of the community. Throughout the planning process, residents consistently stressed the need to improve the quality of life in CSE neighborhoods by providing safe and attractive places for residents to live and recreate, inclusive engagement, and meeting basic needs, including shelter and access to healthy food and medical services (see Figure 7-1. Examples of Healthy Communities Components). Residents envision a safe and healthy CSE Fresno that has well-lit and well-used streets and parks, welcoming public spaces to socialize, recreate, and celebrate community, farmers markets and community gardens to access and grow healthy produce, and culturally-competent mental and medical services. Promoting community- based health and safety programs can bring many benefits to CSE Fresno, including better health and well-being, equity, economic opportunity, and community resilience. This chapter focuses on improving quality of life in CSE Fresno by addressing the following topics: • Public health – promoting healthy lifestyles and improving access to active spaces, healthy foods, and medical services. • Public safety – providing safe, clean, and well-lit public spaces and improving police-community relations. • Environment and environmental justice – improving the quality of the physical environment, promoting sustainability, and addressing pollution and other hazards that affect this community. • Community empowerment – building resident capacity to take ownership of their neighborhood. Figure 7-1: Example of Healthy Communities Components Figure 7-1 shows examples of key elements that contribute to a healthy community. 166 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 7.2 Existing Conditions Health A community’s overall health depends on many factors. Eating well, staying active, and seeing a doctor all influence health. In addition, there are various socioeconomic and environmental factors that determine an individual’s well-being. These include access to social and economic opportunities, the quality of education, neighborhood conditions, a sense of public safety, and the cleanliness of water and air, among others. These conditions can explain why some people are healthier than others and why the locations where people live and work matter for community health. Overall Health and Healthcare Access Generally, adults and children within Central Southeast Fresno experience poorer health conditions than residents both in the City of Fresno and State of California. Adults have significantly higher rates of asthma, fair to poor health conditions, and obesity. Approximately 28 percent of CSE residents are in fair or poor health as compared to 23 percent for the City overall and 19 percent across California. Data also suggests the rate asthma emergency room visits and percentage of babies with low birth weight are higher in CSE Fresno than the State (Centers for Disease Control and Prevention (CDC) - Behavioral Risk Factor Surveillance System, 2017). Access to medical facilities and services is essential for obtaining preventive health care and improving overall health outcomes. CSE Fresno is considered a Health Resources and Services Shortage Area, a Federal designation given to areas that demonstrate a shortage of healthcare professionals, including primary care, dentist, and mental health providers, within certain geographic areas, population groups, or facilities (US Health Resources and Services Administration (HRSA), 2016). Since the closure of the County hospital at Kings Canyon Blvd and Cedar Ave, there are no public or private hospitals in the Plan Area, and few health clinics. In addition, one in four residents lack basic health insurance. Many of the residents and households in CSE Fresno are linguistically isolated, which poses another barrier to obtaining quality health care. A lack of health insurance is often related to delayed medical care and emergency room visits. Food Access Poor health outcomes are often linked to the inability to afford or access healthy food. Residents who have access to a full-service grocery store tend to eat more fruits and vegetables, have lower body weights, and lower rates of chronic diseases. Supporting local food production can also reduce the distance food is shipped, lowering the environmental footprint of food production and distribution. “Food access” is based on physical access to a food store (e.g., supermarket, large grocery store, etc.). While CSE Fresno is not considered a “food desert,” there are a limited number of healthy food retailers. There are no nearby farmers markets that service the area, and few community gardens. In addition, residents have cited a preponderance of beer, wine, liquor, and convenience stores and smoke shops in the area that are less likely to sell healthy food. Approximately 25 to 50 percent of households in the area receive food assistance (SNAP benefits), suggesting that food insecurity is also an issue (US Census American Community Survey (ACS), 2013-17). CHAPTER 7: Quality of Life 167 Education and Income Higher levels of education and income have been associated with better nutrition and physical fitness, quality medical care, and better overall health. In CSE Fresno, 47 percent of residents aged 25 and older have not completed high school as compared to 15 percent for the City of Fresno. Lower educational levels contribute to lower incomes in CSE Fresno, where household median income is $23,562 per year – almost half that of the City of Fresno – and more than one in two residents live in poverty (US Census 2010; US Census American Community Survey (ACS) 2012-2017 5-year estimates). Taking measures to improve education and economic prosperity in CSE Fresno could lead to improved health outcomes for residents. Environment and Disadvantaged Communities Environmental conditions are clearly linked to a community’s health and well-being. This includes the levels of air pollution, water pollutants, hazardous wastes, pesticides released, waste disposal sites, and other sources of pollution. Living near high volume roadways and freeways increases exposure to a mixture of air pollutants, including diesel exhaust. Fine particulate matter can cause asthma attacks in children, in addition to impaired lung function, premature death and death from cardiovascular diseases, and cardiovascular morbidity. While children, youth, and the elderly are among the most vulnerable, all community members are at risk. All census tracts in the Plan Area experience a high percentage of days over national air quality standards for fine particulate matter. This area is designated a “disadvantaged community” by CalEPA and ranks as one of the most polluted areas in California, scoring in the 90- 95th percentile statewide for communities that are disproportionately burdened by multiple sources of pollution and with population characteristics that make them more sensitive to pollution, such as lower income levels, higher rates of poverty and Environmental Justice and Disadvantaged Communities California recently adopted Senate Bill 1000 (SB 1000), which requires cities to develop environmental justice goals and policies to reduce the unique or compounded health risks in “disadvantaged communities.” Policies may address the reduction of pollution exposure, the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, park and open space access, and physical activity in disadvantaged communities. A disadvantaged population or community may mean many different things. The California Environmental Protection Agency (CalEPA) defines an “environmental justice” or “disadvantaged community” as an area that is a low-income area and disproportionately affected by environmental pollution. The Office of Environmental Health Hazard Assessment (OEHHA), on behalf of the California Environmental Protection Agency (CalEPA), created the CalEnviroScreen tool – an index aggregating multiple data sources on pollution exposure, sensitive receptors, and vulnerable populations. This tool is designed to help identify communities disproportionately burdened by environmental pollution. While SB1000 requirements do not apply to Specific Plans, but only to General Plans when amending two are more elements, it is important to address these issues in CSE Fresno given its designation as a disadvantaged community. Therefore, this chapter provides goals and strategies related to health, safety, equity, environment, and community empowerment. 168 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN unemployment, lower educational attainment, and linguistic isolation (CalEnviroScreen, 2018). Nearby industrial uses combined with heavy traffic on SR 99, SR 180, SR 41, as well as truck routes through the neighborhood contribute to poor air quality days, which can result in respiratory illness, chronic obstructive pulmonary disease, and cancer. In addition, there are several contaminated sites within and just outside of the Plan Area that have the potential to harm human health and/or the environment. Public Safety A variety of factors can impact community safety, including underemployment, the presence of gangs, racism, and lack of youth and family activities. In conversations with CSE Fresno residents, crime and drug-related activities were cited as key concerns, despite a decline in both violent and property crime rates in the City of Fresno and the Southeast policing district over the last few years (City of Fresno Police Department 2018 Annual Report). However, the perception of crime in the area may be just as much of an issue as crime itself, impacting individual health, businesses, and social cohesion, and deterring growth and investment. Vacant and deteriorating properties, litter, stray animals, and vandalism further contribute to negative perceptions and detract from quality of life. CSE residents also expressed concerns regarding the safety of streets and public spaces. Community members noted the presence of gangs and drug-related activities in parks, as well as poor maintenance and inadequate lighting. In addition, many residents feel unsafe walking and bicycling in and around the neighborhood, and particularly to/from schools and parks, due to high vehicle speeds, unsafe crossings, poor walking conditions, and a lack of safe and continuous bicycle facilities (additional information on walking and bicycling conditions can be found in Chapter 4. Transportation, Public Realm, and Infrastructure). Tactical urbanism can allow communities to test low-cost, short-term pedestrian and bicycle improvements. Photo credit: AARP CHAPTER 7: Quality of Life 169 7.3 Issues and Opportunities This section provides a brief summary of the issues and opportunities around health, safety, and the environment in Central Southeast Fresno. Issues 1. Safety concerns in public spaces. Safety in and around parks and other public spaces was consistently ranked as a top concern for the CSE Fresno community. Many residents said that they do not feel safe in parks because of loitering or illicit activities. A major contributor to negative perceptions of safety in CSE Fresno is the lack of well-lit and active public spaces, especially at night. 2. Blight, litter, and vandalism. Many of street and public spaces in CSE Fresno are dirty and littered with trash and graffiti. Blight, illegal dumping, and litter can invite unwanted and illicit activities and detract from investment. Stray dogs are also prevalent throughout the community, further contributing to negative perceptions of the area. 3. Lack of access to healthy foods. Residents identified a lack of access to healthy foods as a major concern in the community. There are many liquor and convenience stores in CSE Fresno that provide few, if any, healthy food options. Promoting culturally relevant and locally sourced food can improve health outcomes while also reducing the environmental footprint of food distribution. 4. Inadequate health care. CSE Fresno has been identified as an area with a shortage of health care providers and facilities. This is compounded by a lack of health care coverage. The lack of health care professionals can have a particularly negative impact on the elderly, and non-English speaking, low-income communities of color. 5. Incompatible land uses. In the southwestern portion of the Plan Area, industrial uses often sit directly adjacent to residential neighborhoods. These uses are often associated with increased air pollution, noise, and heavy truck traffic that can negatively impact the health and safety of nearby residents. An Industrial Land Use Compatibility Study is currently in progress to identify incompatible land use types and make recommendations for ways to reduce their negative impacts. Abandoned alley in CSE Fresno littered with debris and graffiti. Photo credit: ABC30 Fresno Recycling center on Orange Avenue adjacent to residential neighborhoods 170 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Opportunities 1. Vacant, underutilized, and publicly-owned land. Numerous vacant, underutilized, and publicly- owned parcels, particularly in the southern portion of the Plan Area, present opportunities to add new parks, open spaces, gardens, recreational amenities, and community health facilities, particularly in under-served areas. 2. Strong and close-knit community. Central Southeast Fresno has some of the most unique, diverse, and close-knit neighborhoods in the City. There is an opportunity to harness and build on the existing strength of CSE’s neighborhoods, empowering residents to make decisions for their community and work to together to improve health, safety, and overall quality of life. 3. Diverse food resources. There are wonderful diverse restaurants and culturally relevant grocery stores in CSE Fresno. The San Joaquin Valley and Fresno are one of the richest agricultural regions in the world, often referred to as the “breadbasket” of California. With a strong local agricultural industry, diverse restaurant scene, and community interest in food entrepreneurship, CSE Fresno has the potential to become a multicultural shopping and food destination in the City, which could serve both to bolster the local economy and increase healthy local food options. 4. Engaged community groups and community-based organizations. Central Southeast boasts a number of active and engaged community groups and organizations already serving the area. The City should tap into this existing network of dedicated individuals to provide much-needed social and health-related services and empower residents to implement innovative and community-led health and safety initiatives. Hmong New Year celebration. Photo credit: NYTimes CHAPTER 7: Quality of Life 171 7.4 Goals and Strategies To address the community’s concerns, the goals and strategies in this chapter focus on collaborating with and empowering residents to take ownership of their neighborhoods, strengthening public safety and community relations, improving environmental conditions, and increasing access to healthy food and affordable culturally appropriate healthcare to improve health and safety for all. Public Health PH-1. Improve access to healthy, affordable, and culturally-relevant food and beverages. PH-1.1. Establish farmer’s markets in CSE Fresno. Throughout the planning process, community members said that they would like greater variety and better access to healthy foods, including a farmer’s market in CSE Fresno. Farmers’ markets improve access to locally grown fresh produce by bringing local farmers and their produce directly to communities. Shopping at a farmers’ market provides a way for consumers to purchase regional and cultural specialties directly from the source, minimize the energy consumption involved with food transportation and storage, and support local farms and community gardens. The City should partner with the other agencies, community organizations, and the California Farmer’s Markets Association (CFMA) to establish weekly or monthly farmer’s markets in CSE Fresno. Potential locations include the Fairgrounds overflow parking lots, former UMC hospital parking lot along Kings Canyon Road, Fresno Pacific University campus, the Butler Church campus, the Fresno Barrios Unidos office parking lot, and the median park strip along Huntington Boulevard. This could include analyzing existing regulations and definitions to ensure that the process for securing farmers’ market permits is not too burdensome, costly, or time consuming. The City could also provide technical assistance and support to help market operators accept EBT (Electronic Benefit Transfer) cards and vouchers to allow residents to pay using food stamps. Farmer’s marketFresh fruits and vegetables 172 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN PH-1.2. Create educational programs for residents about healthy eating and living. Raising awareness around the importance of healthy food, including creating educational materials, healthy food incentives and campaigns can expand residents’ access and consumption. The City should work with members of the Fresno Community Health Improvement Partnership (FCHIP) on focused efforts in CSE Fresno. The City could assist with the creation and implementation of educational programs for residents about healthy eating, such as edible school yards, healthy cooking classes, nutrition pamphlets, and step-by-step guides on planting, growing, and harvesting home-grown fruits and vegetables. For example, the City could seek out opportunities to partner with non-profits, culinary schools, and local restaurants to host free classes and cooking class demonstrations that would educate residents about cooking healthy, affordable, and culturally relevant food. PH-1.3. Transform vacant and underutilized properties into community gardens and street tree nurseries. Numerous vacant, underutilized, and publicly-owned parcels, particularly in the southern portion of the Plan Area, present opportunities for urban agricultural use either long term or as an interim use before redevelopment. While several community gardens exist in southeast Fresno, there are still areas of the community that are under-served. The City should first identify specific vacant or underutilized properties in the community that could be transformed into tree nurseries or community gardens. Community gardens can provide ornamental vegetation, produce locally grown food, and create community gathering spaces, while plant and tree nurseries could supply some of the landscaping and streetscape improvements recommended in this Plan. Local residents can be employed to water and maintain the trees. The next step would be to seek funding and partner with community organizations and volunteers to construct and maintain gardens and nurseries on vacant lots. For instance, Fresno Metro Ministries is a local non-profit that already partners with the Fresno PARCS department to manage two community gardens in southeast Fresno. Metro Ministries also provides gardeners with gardening education (e.g. a free Community Garden Toolkit), resource acquisition, and general coordination. Community garden at Butler Church in CSE Fresno Edible schoolyard. Photo credit: ediblebrooklyn.com CHAPTER 7: Quality of Life 173 PH-1.4. Encourage and attract healthy food outlets and mobile vendors to CSE Fresno. Encouraging healthy mobile food vendors is another way to provide healthy food options in under-served areas while bolstering local entrepreneurs. Mobile food retailers are comprised of a variety of vendors who sell food out of a movable vehicle, such as a truck, cart, trailer, kiosk, or stand. The City should analyze current regulations and procedures and find ways to facilitate and incentivize healthy mobile food retailers through streamlined vehicle licensing and registration processes, and subsidies or reduced fees to help defray start-up and/or ongoing costs for mobile vendors. For example, the City could review and amend local laws to allow certain privileges to healthy mobile food retailers, such as roaming privileges or approval to operate near schools and parks. Additionally, the City should work with organizations such as Cultiva La Salud to further implement their Vendors 4 Health: Shamelessly Pedaling Produce program. This could include providing small business training, start-up loans or grants, or access to government-sponsored community events for free or at reduced cost are additional ways to both encourage healthy food retailers and support local entrepreneurs. PH-1.5. Provide healthy, fresh, local food to schools in the area. Providing healthy locally-sourced food to schools empowers children and their families to make informed food choices while strengthening the local economy and contributing to vibrant communities. The City should continue to partner with the Fresno Unified School District (FUSD) and the Fresno Economic Opportunities Commission (EOC) to advance efforts to procure, serve, and promote healthy local foods in school cafeterias. The City and FUSD could also consider joining the National Farm to School Network, a nonprofit advocacy group that provides support to state, regional, and national levels of government for developing school gardens and implementing agricultural education (e.g. school gardens, cooking lessons and farm field trips) and locally sourced foods. Healthy mobile vendor in CSE Fresno 174 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN PH-1.6. Encourage edible landscaping and permit residents to raise livestock (chickens, goats, bees) on their properties. Urban agriculture can provide multiple benefits including healthy eating, sustainability, increased food security, reduced stormwater runoff, providing green space, and promoting community engagement. Urban agriculture can take the form of backyard gardens and community gardens – places on public or private property where neighbors gather to cultivate vegetables and fruits, and even keep bees or raise poultry and small livestock. The City should partner with Fresno Metro Ministries to encourage edible landscaping in home gardens, building on and expanding distribution of their Gardening Toolkit to educate homeowners on methods for planting fruit trees, growing vegetables, fertilization, harvesting, species and seasonal recommendations, and other instructions. As part of this strategy, the City should also analyze and revise the Development Code to allow residents to raise small livestock (chickens, goats, bees) in backyards. Urban livestock. Photo credit: Charlotte Sun CHAPTER 7: Quality of Life 175 PH-2. Expand access to culturally-competent medical and mental health services. PH-2.1. Conduct a community health and social services needs assessment for CSE Fresno. A community’s ability to access comprehensive, quality health care and social services is vital to promoting health, preventing disease, and improving overall quality of life. Current barriers in the Plan Area include limited health care providers, lack of health insurance, chronic and mental health issues, lack of bilingual services, inadequate transportation to health and social services, unfamiliarity with providers and programs, and cost of services. The City should work with the County and The Fresno Center to conduct a community health and social services needs assessment for CSE Fresno and collect and track health data to better understand health issues in the area. PH-2.2. Encourage healthcare providers and doctor’s offices to locate and/or provide affordable services in CSE Fresno. Access to a wide variety of health care professionals is especially critical for low-income individuals and families, who comprise a large percentage of CSE Fresno’s population. The Plan Area currently lacks health care providers and facilities, particularly since the closure of the UMC hospital on Kings Canyon Road. There are a number of ways this could be addressed including: • Creating regulatory and financial incentives to encourage low-cost medical providers and doctor’s offices to locate in CSE Fresno. • Providing clear guidance and instruction to facilitate the permitting process for new health care businesses. • Working with mixed-use and affordable housing developers to include clinic space in projects. • Encouraging local health providers to establish a program that allows medical and mental health professionals to fulfill practicum or training requirements by practicing in the area. • Facilitating mobile health service providers through identification and free use of public facilities or parking spaces in the area, online promotion, and streamlined approval processes. • Working with FUSD to expand health clinics at CSE Fresno campuses. • Partnering with FPU and other local educational institutions to encourage and recruit medical students to practice in the area. For example, some institutions help finance student education or provide loan forgiveness for medical professionals that practice in under-served areas. Community health center. Photo credit. FCI Constructors Mobile health clinic. Photo credit: Fresno State 176 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN PH-2.3. Educate residents on free and low-cost health care providers, services, and programs. One of the barriers to accessing health and social services may just be unfamiliarity in the community about services and programs that are already being offered. For instance, the Fresno EOC provides education, counseling, and medical treatment services to low-income, uninsured, and underinsured adults and adolescents such as family planning, STI testing, and prenatal care. The Fresno Center provides mental health services such as a holistic gardening and support groups, conducts educational programs, and assists community members in gaining health care coverage. In partnership with the County Health Department and local community-based organizations such as Fresno EOC and The Fresno Center, the City should assist in the development of an education and awareness campaign to inform residents of free and low-cost health care providers in the area as well as existing programs for dental health (e.g. youth Denti-Cal program), prenatal care, physical fitness, healthy eating, mental health, substance abuse treatment, and other social services (especially those in multiple languages). This should include creating a directory of local providers and programs. PH-2.4. Pursue funding to build a holistic health and wellness campus on the former UMC County hospital site that would provide medical, mental health, and social services. The community has voiced a desire for increased access to culturally-competent whole person care. As outlined in Chapter 3. Land Use and Urban Design (see Strategy LU-1.1), the former UMC Hospital site provides an opportunity to create a centralized “one-stop shop” that integrates health, behavioral, and social services for CSE residents. The City should work with the County and pursue funding to build a holistic health and wellness campus on the former UMC hospital site at Kings Canyon Road and Cedar Avenue. Developing part of the site for senior and/or transitional housing could complement onsite healthcare and social service uses. PH-2.5. Provide community-based health services at neighborhood hubs such as schools and community centers. Allowing and promoting the flexible use of community centers, libraries, and schools is another way to provide accessible and low-cost health services to CSE Fresno residents. The City should partner with private providers, community organizations, FUSD, and the County Health Department to increase free and low-cost health services at publicly-owned facilities such as Mosqueda Center and local schools. Community and school-based health services could include mobile clinics and pop-up screenings (e.g., flu vaccinations, prenatal care), mental health consultations, and health fairs. PH-2.6. Conduct trainings on how to provide culturally-sensitive health care services (e.g., multilingual services). Cultural awareness, responsiveness, and understanding are essential to increasing access and improving the standard of health care for the CSE Fresno community. There are already a number of capable and experienced organizations in the community dedicated to this effort. One such organization is The Fresno Center, which provides culturally linguistic mental health services to members of the Southeast Asian community and conducts bicultural and bilingual training for Southeast Asian mental health clinicians. The City and County should continue to partner with and provide funding for community organizations to expand culturally-sensitive health care services and training. CHAPTER 7: Quality of Life 177 PH-3. Provide a variety of affordable community childcare and youth services. PH-3.1. Facilitate, support, and incentivize the development of a wide range of childcare facilities and services including family day cares and public and private childcare centers. Expanding availability and access to quality childcare is critical to allow parents in the community to earn an income outside the home and can heavily influence health, economic, and social outcomes for families. Some of the ways the City could facilitate, support, and incentivize a wide range of childcare facilities and services in the community include: • Creating financial incentives and development standards to encourage the construction of childcare facilities and services in public facilities, new development, and residential areas. • Reviewing and revising zoning regulations for new childcare providers to make them less burdensome and/or expensive. • Identifying opportunities to support applicants in obtaining state licensing, such as training and materials to assist potential childcare providers with understanding and complying with state regulatory processes. • Connecting childcare operators with business and financial support and education. • Encouraging childcare operators to provide extended hours. • Developing and distributing a map of licensed childcare providers and centers in CSE Fresno that is updated annually. Posting online and distributing paper copies at parks, community centers, churches, and schools. • Coordinating and integrating childcare programs with housing and social programs, wherever feasible. • Incorporating childcare into City-sponsored recreation, workshops and community engagement activities, wherever feasible. 178 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN PH-3.2. Provide low-cost, safe, and accessible youth programming. While CSE Fresno is home to a number of wonderful organizations and spaces that support youth and families, residents suggested a need for additional programming, particularly after- school activities for youth. The community could benefit from additional support of this work, in addition to new and improved parks and recreational facilities. The City should expand existing partnerships with the PARCS Department as well as faith and community-based to organizations (e.g. Every Neighborhood Partnership, Fresno Pacific University, Boys and Girls Club) to provide a range of affordable year-round sports, after-school programs (mentorship, tutoring, dance and art classes), and recreational activities at parks, community centers, libraries, and schools to keep youth active and busy. As part of this strategy, the City should apply for funding and ensure consistent provision of programs and services. This strategy complements Strategies P-2.1 and LU-2.2 to expand Mosqueda Center with a youth facility that would provide a resource hub for youth mentoring, employment training, and career opportunity exploration. PH-4. Promote compatible uses and protections for residential neighborhoods. PH-4.1. Install landscaping and other barriers to separate existing homes from rail, industrial uses, and other sources of noise and air pollution. Throughout the planning process, the community expressed strong concerns regarding incompatible industrial and heavy commercial land uses in the southwestern portion of the Plan Area and their negative health and environmental impacts on nearby residential neighborhoods. The City should work with property owners on the installation of landscaping and other barriers to separate existing homes from rail, industrial uses, heavy arterials, and other sources of noise and air pollution to protect resident health and safety. The City Council District Office will seek to identify grants and loans and assist businesses or residents in applying for funding to add landscaping and improve fencing, walls, and other barriers between industrial properties and residential areas. PH-4.2. Enforce existing codes and regulations to minimize the negative impacts of industrial uses on adjacent residential areas. The community voiced concern over the impacts of the existing industrial uses south of California Avenue and suggested that they eventually be phased out. In the long term, the community envisions that these properties be consolidated and transformed into a mixed-use employment district that provides new job opportunities for residents while also improving public health and safety outcomes (see Strategy LU-6.3). For all other industrial uses located near residential areas, the City should identify the appropriate local, State, and/or federal agencies to enforce industrial performance standards and evaluate related air quality, odor, and noise impacts on adjacent neighborhoods. The community and industrial businesses should work together to identify and limit particularly harmful or noxious industrial operations and limit truck traffic hours or activities that produce significant levels of air pollution to very early in the morning or late in the evening. CHAPTER 7: Quality of Life 179 Public Safety PS-1. Reduce crime and improve police-community relations. PS-1.1. Increase regular police patrolling in CSE neighborhoods, particularly in and around parks and schools. A top priority for the community is improving public safety, particularly in and around parks and schools, ensuring that families, youth, and seniors feel safe on streets and in public spaces. The City should work with the Fresno Police Department to increase regular police patrolling throughout CSE Fresno neighborhoods. Regular foot patrol has been shown to improve crime prevention and facilitate relationship-building and trust between officers and the community. This might involve opening a neighborhood service center in the area and extended evening hours with a mix of police and civilian personnel. This strategy works in conjunction with Strategy P-2.3 in Chapter 5. Parks and Open Space which recommends hiring a full-time parks ranger to patrol CSE Fresno parks. The parks ranger could be a Fresno Police Officer or a Civilian Community Service Officer. PS-1.2. Promote and support neighborhood watch groups. CSE Fresno can advance community-based safety efforts by leveraging existing community resources, neighborhood groups, and volunteers. The City and Police Department should work with residents to support and expand neighborhood watch groups by conducting additional outreach, working with active community members to mobilize additional residents, and providing tools and resources. For instance, the Police Department could develop a neighborhood watch toolkit that provides resources and training on volunteer management, conducting effective group meetings, observation skills, and reporting suspicious activities. Artistic public space lighting Fresno PD and Bringing Broken Neighborhoods Back to Life community outreach event in Fresno 180 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN PS-1.3. Fix broken lighting and add new LED lighting, particularly around schools and parks. A major contributor to negative perceptions of safety in CSE Fresno is the lack of well-lit and safe public spaces, especially at night. Streets, alleys, public spaces, and parks are often dark and inactive at night, which invites unwanted activities and prevents community members from feeling safe in these areas. The City should conduct a mapping survey to identify broken or missing lights and locations with a severe lack of lighting and poor visibility. Based on the results of the survey, the City should fix broken lighting and add new LED lighting, prioritizing public gathering spaces and other high-need areas to enhance visibility and safety. Part of this strategy should include actively promoting use of the FresGO site and app to report missing and broken lighting. PS-1.4. Work to strengthen relationships between residents and the Fresno Police Department. Successful police-community relationships involve on-going efforts to work together in meaningful ways to address public safety problems facing a neighborhood. Continued dialogue, collaboration, transparency, and accountability around public safety policies and procedures are key to fostering positive, peaceful, and mutually supporting relationships between CSE Fresno residents and public safety officers. The Fresno Police Department regularly meets with community members, has a Community Advisory Board in CSE Fresno, and partners with a number of faith-based and other community groups to engage with the public through outreach events. The Fresno Police Department should look to further promote the positive engagement officers are currently conducting in the community. These efforts should focus on relationship building. The first step might be to develop and implement a Community Safety and Outreach Plan. The plan should include continuing to meet with community members on a regular basis and expanding community connections to identify concerns, develop effective crime prevention activities, and coordinate a collaborative response. Additional recommendations include partnering with local organizations (e.g. Youth Leadership Institute, Cultiva La Salud, Every Neighborhood Partnership, Bringing Broken Neighborhoods Back to Life) to provide racial equity training and increase direct interaction between police and community members, particularly youth, through coffee conversations, Saturday Sports, safety workshops, and National Night Out block parties. PS-1.5. Improve emergency service delivery and response times for CSE residents. The Police Department, in coordination with other City Departments, should work to track, analyze, and improve emergency service delivery and response times for CSE residents. An effective multipronged approach could include: • Improving response times for non-emergency calls by hiring additional Community Service Officers. • Assigning additional Crisis Teams to the CSE area. • Increasing training for officers in behavioral and mental health, to help when responding to conflicts/incidents involving residents dealing with these issues. • Encouraging the Department to train officers in cultural sensitivity and support efforts to recruit more bilingual officers. CHAPTER 7: Quality of Life 181 PS-2. Ensure that neighborhoods are clean and attractive. PS-2.1. Increase maintenance and code enforcement activities in CSE Fresno to ensure that homes, yards, and public spaces are safe and free from trash and debris. Community members consistently cited the presence of trash, litter, graffiti, stray dogs, and illegal dumping as issues contributing towards CSE Fresno’s negative image. The remediation of blight and unsafe conditions is critical to not only create a more pleasant and livable environment, but also to revamp CSE Fresno’s public image and attract renewed private investment that can stimulate economic development (see Strategy ED-1.5). The City should work with the Police, Fire and Code Enforcement, to increase code enforcement activities in CSE Fresno, ensuring that homes, yards, businesses, and public spaces are safe and free from trash and debris. Efforts should focus on the most dangerous properties and ongoing offenders. In addition, the City should continue to expand and promote use of the FresGO site and app for reporting code violations, potholes, graffiti, illegal dumping, and a variety of other issues. Incentivize use of the app. For instance, the City could consider providing the app in English, Spanish, and Hmong. PS-2.2. Organize community clean-up days. The community also has a role to play in neighborhood clean-up and beautification. The City should partner with local youth organizations, volunteer groups, schools, and churches to organize community clean-up days on a regular and on-going schedule. The City and County can support these efforts by providing staffing, organizational support, paint and tools, and free trash collection. PS-2.3. PS-2.3. Improve the process for responding to animal welfare issues such as stray or loose dogs. The City should work to improve the method and process for responding to animal welfare complaints and issues such as stray or loose dogs in the community. This strategy includes working collaboratively with other agencies, community partners and departments to respond in a timely, safe, and humane manner and educating the public about secure confinement of pets. 2019 Fresno Serve Day. Photo credit: Every Neighborhood Partnership 182 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Environment E-1. Create a more livable, resilient, and sustainable community. E-1.1. Develop an educational campaign to increase awareness of environmental sustainability practices and resources. Promoting environmental sustainability practices can produce multiple benefits, including reducing energy and water use, helping the City meet its greenhouse gas reduction targets, creating a healthier environment, and increasing community resilience. There are a variety of sustainability incentives, programs, and resources that are currently available, but many businesses and homeowners may not be aware of them. For example, the Property Assessed Clean Energy (PACE) programs are currently available to property owners to help finance energy and water efficiency upgrades. The City should develop a comprehensive education and engagement program to make residents and property owners aware of environmental sustainability best practices and resources. This could include: • Developing easy-to-read materials on how to save energy, conserve water, reduce waste, and protect natural resources. • Reaching out to and providing technical assistance to business and property owners on PACE, PG&E, EnergyWatch and other programs, rebates, and incentives to improve energy efficiency and make upgrades to existing buildings. • Work with FUSD to promote environmental literacy classes or urban ecology programs for youth. • Partnering with the County Health Department to distribute information on climate change, including actions they can take to prepare for and increase resilience around hazardous events. • Promoting sustainable transportation choices such as walking, biking, and taking transit. Solar roof Green street with bioswale CHAPTER 7: Quality of Life 183 E-1.2. Install green infrastructure (e.g. permeable paving, bio-retention areas) to improve stormwater quality and reduce run-off. The street and public space improvements envisioned for the Plan Area provide a unique opportunity for the application of sustainable stormwater management and landscaping practices. The City should work with Public Works and the Fresno Metropolitan Flood Control District to install green infrastructure treatments when renovating or building new parks, roadways, and sidewalks. Landscape-based stormwater management design elements – often referred to as “green infrastructure” – include stormwater planters, bioswales, rain gardens, stormwater curb extensions, tree wells, and permeable pavement. Green infrastructure reduces localized flooding, expands green space, improves streetscape aesthetics and landscape health, provides cleaner and cooler air, enhances the pedestrian experience, and can increase economic vitality. E-1.3. Plant drought tolerant and low maintenance landscaping in parks and public spaces. Whenever possible, the City should plant drought-tolerant, native, durable landscaping in parks and public spaces to reduce water use, maintenance needs, and costs. E-1.4. Provide financial assistance for low-income residents for solar installation. Energy efficiency and solar programs are effective sustainability and economic development programs that reduce energy use, help the City meet its greenhouse gas reduction targets, and reduce household utility costs. The City should create a program to educate and assist low-income residents with attaining State provided solar funding and discounts through the Single-Family Solar Homes (DAC-SASH), Green Tariff (DAC-Green Tariff), and Community Solar Green Tariff programs. As part of this strategy, the City could establish additional funding and incentives for solar installation through a partnership with organizations such as GRID Alternatives. E-1.5. Plant additional street trees along key corridors. Tree coverage offers shade, green infrastructure, a sense of enclosure on pedestrian streets, provide a separation between people and moving vehicles, and support placemaking. The greening of residential and commercial streets will contribute to a more walkable, safe, and comfortable environment while helping to capture and filter rainwater and cleanse the air. Because expanding the urban tree canopy serves the dual-purpose of improving environmental sustainability and contributing to a strong pedestrian experience, this effort represents a detailed action that helps to implement Strategy T-4.2. To expand the tree canopy in CSE Fresno, the City should create and implement a tree planting and landscape program for the Plan Area. The goal of the program would be to identify streets and public spaces most in need of improvement and install additional street trees and landscaping in those areas. Funding for new street trees should focus on the priority corridors identified in Chapters 3 and 4 (Kings Canyon Road, Orange Avenue, Butler Avenue and Maple Avenue). The program could be for public and private land and could be funded by non-profit organizations such as Tree Fresno, and/or public agencies. Trees planted along public streets should be subject to a street tree master plan to ensure consistent streetscape appearance and character in CSE Fresno. 184 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Community Empowerment CE-1. Empower the community take action and improve quality of life for CSE Fresno. CE-1.1. Actively engage all residents in the decision-making process for plans and projects throughout the community. Communities are safer and healthier when residents are empowered to take action to address quality of life issues, be it formally working with the City or informally through neighborhood groups, community organizations and educational institutions. This means providing community members with the access, tools, education, and resources that increase their ability to make decisions about and work collaboratively as neighborhoods to change the health of their social and physical environment. The City should continue to identify and remove barriers to civic participation for CSE residents, including cost, location of events and meetings, childcare, language barriers, and lack of access. The City should also work to adopt youth-specific and culturally effective engagement methods, including local print and electronic media, community discussions and dialogue, and school-based strategies, incorporating lessons learned from different engagement activities that worked or did not work for this community. Existing communication strategies can be improved to promote greater dialogue between the City and the community, supporting a better sense of transparency in governance. CE-1.2. Identify and fund a neighborhood planning liaison to work closely with the community on projects. The City should consider hiring or identifying staff to work on community organizing by serving as a neighborhood planning liaison. The liaison should work with the community on projects, train residents in community organizing, strengthen ties between existing organizations and assist them in applying for grants, and develop youth programs that foster advocacy, leadership, and engagement. Giving residents, particularly youth, an opportunity to be directly involved in projects and take charge of their own neighborhoods will build resident capacity and a more inclusive CSE Fresno. This could be coordinated through Fresno Unified Parent University and Fresno City College Career and Technical Education (CTE) programs which empower and support parents and youth with learning courses, resources, and career development. CenCalVia event in Fresno. Photo credit: Central Daily Times CHAPTER 7: Quality of Life 185 CE-1.3. Work with local groups to host community events that bring the community together. Community-oriented events can celebrate local cultural attractions, enhance social connectivity, recognize local arts and artists, and increase local business revenues, all of which serve to improve the quality of life in the neighborhood. While CSE Fresno hosts several annual events, such as CenCalVia and the Big Fresno Fair, there is interest in hosting additional events in the area, both smaller community-centric events and larger events that would draw regional patrons. The City should work with local community groups and businesses to organize and host multicultural events that increase opportunities for intercultural interaction, and celebrate and promote CSE Fresno. One way to support and facilitate local events is by reducing fees and streamlining the event permitting process. This might also include collaborating with CSE Fresno businesses and residents for identification, participation, and sponsoring events. Lastly, creating a more intentional promotion and social media marketing strategy can increase awareness of arts and cultural programming and events in CSE Fresno. CE-1.4. Foster neighborhood identity within the CSE area and establish Neighborhood Committees. With few exceptions, Fresno does not have a tradition of defined neighborhoods. Instead, the name of a major intersection or a nearby school or shopping center is used by residents to identify where they live and work. The Plan Area includes few identified neighborhoods. A defined neighborhood can be a strong feature of individual and group identity. With its spatial delineation, it can also develop a sense of history, place, and pride. Establishing neighborhood boundaries can provide a foundation for community and civic efforts, including the ability to measure key indicators over time, which can enable a more enriched understanding of how community resources can be leveraged. The City should partner with Fresno State, Fresno Pacific University, and the CSESP Steering Committee members to identify distinct neighborhoods in the Plan Area. This could be completed through research of the Plan Area’s history, identifying natural features, amenities and landmarks, and collection of empirical data. Throughout the planning process, community members expressed a desire to continue to stay actively engaged with other interested stakeholders and ongoing efforts that are undertaken from the Plan. The City should provide a mechanism for community members to stay actively engaged by establishing Neighborhood Committees. The Neighborhood Committees could be appointed and maintained by the appropriate City Councilmember’s office, with consideration for equitable representation. The Neighborhood Committees could be leveraged to fulfill the goals of the Plan and to provide ongoing information and guidance on evolving issues and opportunities in the community. 186 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 8: Next Steps & Funding 187 next steps & ch. 88 funding Photo credit: SUTP 188 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 8: Next Steps & Funding 189 next steps & funding 8.1 Introduction This Plan articulates the community’s vision and creates an action-driven framework to transform CSE Fresno into a safe, livable, and prosperous community over the next 20 to 30 years. To realize this vision, the City, community, and partners must be creative and proactive in leveraging existing resources and collaborators and establishing new funding sources, mechanisms, and innovative partnerships. This chapter outlines the community’s priorities, next steps, and potential funding and financing strategies to implement the Plan’s recommended improvements and programs. 8.2 Community Priorities This Plan articulates a broad range of goals and strategies that serve as tools for implementing the community’s vision. All of the goals and strategies within the Plan are important in order to create a thriving CSE Fresno, yet many fall beyond the authority, discretion, or fiscal abilities of the City alone. To ensure that implementation efforts are focused on those issues most important to the community, the Steering Committee ranked all of the Plan goals in order of priority. Table 8-1 outlines the top goals defined by the Steering Committee, organized by level of priority – high, medium, and low. The community, Steering Committee, City Staff, and City Council should revisit these priority goals annually and make adjustments as needed. 190 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Table 8-1. Community Priorities Topic Area Goal Tier 1 Parks + Open Space P-1. Increase the amount of parkland in CSE Fresno to ensure that all residents are within a 5-minute walk of a park or open space. Land Use + Urban Design LU-1. Transform Kings Canyon Road into a walkable and lively corridor with a diverse mix of retail, service, residential, cultural, and institutional uses that will attract both local residents and regional visitors. Land Use + Urban Design LU-9. Expand housing supply to accommodate households of all sizes, stages of life, and income levels. Transportation, Public Realm, and Infrastructure T-1. Rebalance existing roadways to create a network of safe, connected, and accessible Complete Streets for all users, including bicyclists, pedestrians, transit vehicles, and motorists. Transportation, Public Realm, and Infrastructure T-3. Improve safety and reduce conflicts between pedestrians, bicyclists, and drivers, particularly around centers of activity. Economic Development ED-1. Improve the appearance and cleanliness of CSE Fresno to attract new businesses, customers, and investment. Quality of Life PS-1. Reduce crime and improve police-community relations. Quality of Life PH-2. Expand access to culturally-competent medical and mental health services. Quality of Life CE-1. Empower the community take action and improve quality of life for CSE Fresno. Tier 2 Parks + Open Space P-3. Expand recreational programming and facilities to meet the needs of users of all ages and abilities. Land Use + Urban Design LU-2. Build on existing institutions and opportunity sites along Butler Avenue, particularly near Maple Avenue, to create a series of central neighborhood-supporting hubs for daily retail and service needs, cultural activities, education, and recreation. Land Use + Urban Design LU-3. Intensify, activate, and beautify Orange Avenue, building on its existing character to strengthen its identity and appeal. Land Use + Urban Design LU-5. Redevelop the former IRS facility site as a technology-centered employment and education campus that can provide training, jobs, and residences for workers and students. Land Use + Urban Design LU-8. Improve the safety, quality, and condition of housing structures and the neighborhoods they inhabit. Transportation, Public Realm, and Infrastructure T-4. Provide a well-connected, comfortable, and inviting pedestrian environment that encourages residents to walk to and between key destinations. Transportation, Public Realm, and Infrastructure T-5. Improve bicyclist safety and encourage biking between destinations. CHAPTER 8: Next Steps & Funding 191 Topic Area Goal Economic Development ED-3. Expand availability of and access to worker and student education, job training, and placement programs. Quality of Life PS-2. Ensure that neighborhoods are clean and attractive. Quality of Life PH-1. Improve access to healthy, affordable, and culturally-relevant food and beverages. Quality of Life E-1. Create a more livable, resilient, and sustainable community. Tier 3 Parks + Open Space P-2. Improve the quality and safety of parks in CSE Fresno. Land Use + Urban Design LU-4. Activate and integrate the Fairgrounds into the existing fabric of the community. Land Use + Urban Design LU-6. Promote office and clean/non-nuisance employment uses while ensuring compatibility and protections for residential neighborhoods. Land Use + Urban Design LU-7. Pursue policies and programs that support housing stability and mitigate displacement. Transportation, Public Realm, and Infrastructure T-2. Improve connectivity between residential areas and local and regional destinations such as schools, parks, community centers, transit, retail, and employment centers. Transportation, Public Realm, and Infrastructure T-6. Provide comfortable, frequent, and reliable transit service that meets community needs. Transportation, Public Realm, and Infrastructure T-7. Ensure the efficient movement of goods while protecting community health and safety. Transportation, Public Realm, and Infrastructure T-8. Improve parking availability for residents and visitors, particularly during special events. Transportation, Public Realm, and Infrastructure T-9. Provide a network of high-functioning and sustainable infrastructure systems in CSE Fresno. Economic Development ED-2. Foster the creation, retention, expansion, and attraction of local and small businesses. Quality of Life PH-3. Provide a variety of affordable community childcare and youth services. Quality of Life PH-4. Promote compatible uses and protections for residential neighborhoods. 192 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 8.3 Next Steps and Plan Tracking The City’s next step should be to align the community priorities with existing opportunities and resources to effectively implement, or make significant progress on, related projects. This should include incorporating recommendations into the City’s Capital Improvement Plan (CIP), establishing priority programs, applying for grant funding, and partnering with residents and local organizations to initiate community-led programs or activities. The City recognizes its lead role, but it will take strong partnerships to fully implement the Plan. City, County, other local government agency staff, residents, and other stakeholders should use this Plan daily to guide their projects, funding applications, and other improvements in alignment with the community’s vision. Given the importance, urgency, and complexity of some of the recommended projects and programs, and unknown changes that will occur over the next 20+ years in funding, laws and technological innovation, the Plan must be considered a “living document.” It should be monitored and updated on a regular basis to reflect progress, new lessons learned, changing circumstances, new opportunities, and community priorities over time. A successful monitoring and evaluation process requires regular data collection, data analysis, community outreach, and input and the willingness to revise the City’s priorities as needed. The City should establish a community meeting schedule to review progress, successes, and challenges with CSE Fresno residents and partners. This process would allow the community to request modifications to strategies and actions or changes in priorities. Following this meeting, City staff should provide a progress report to City Council, which if necessary, will include recommended updates to Plan strategies or priorities. 8.4 Funding and Financing Strategy Successful implementation of the CSESP requires funding of parks and infrastructure projects, affordable housing, street upgrades, as well as new and existing programming. The City may choose to proactively fund and construct public realm (e.g. streetscape, bike lanes, lighting, etc.) and infrastructure (e.g. water supply, stormwater, wastewater systems, etc.) improvements as a means of shifting perceptions of the area and encouraging private investment. However, no local government can fund all of these initiatives on its own and Fresno needs contributions from its partners to realize the Plan’s vision. With these limitations in mind this section identifies some of the primary government funding opportunities and mechanisms that could be used for Plan activities and recommendations. In many cases, multiple funding and financing sources will need to be combined in order to pay for specific projects or programs. Although the terms “funding” and “financing” are often used interchangeably, there is an important distinction between the two terms. “Funding” typically refers to a revenue source such as a tax, fee, or grant that is used to pay for an improvement. Some funding sources, such as impact fees, are one-time payments, while others, such as assessments, are ongoing payments. “Financing” involves borrowing against future revenues by issuing bonds or other debt instruments that are paid back over time through taxes or fee payments, enabling agencies to pay for infrastructure before the revenue to cover the full cost of the infrastructure is available. CHAPTER 8: Next Steps & Funding 193 Funding and Financing Sources and Mechanisms The funding sources and financing tools described below have been evaluated relative to their purpose, process of adoption, and implementation. Funding and financing mechanisms are organized under four broad categories: 1. Federal, State, and regional funding sources 2. Tax increment financing 3. Developer, property owner, and user funding, financing and incentives 4. Existing City resources As Table 8-2 below illustrates, the categories differ in terms of the scope and scale of their targeted improvements. Table 8-2. Funding Source Categories, Examples, and Timing of Availability Source Description Estimated Project Timing Federal, State, and Regional Funding Programs Loan Programs Federal and state loans and incentive programs offer sources of gap financing and funding for local infrastructure and economic development projects. The following loan programs are some of the most widely used sources: • State Infrastructure Bank: Industrial Development Bonds • State Infrastructure Bank Revolving Loan Program • Statewide Community Infrastructure Program • Clean Water State Revolving Fund • Section 108 Loans One-time, as sources are typically competitive and timing of availability is uncertain until secured. Photo credit: ashwoodco.com 194 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Source Description Estimated Project Timing Federal, State, and Regional Funding Programs Grants (Sample) The following provides a sample of applicable grant programs that could be used to support improvements in the Plan Area. • Regional Sustainable Infrastructure Planning Grant. Administered by the Fresno Council of Governments (COG) to encourage coordinated multimodal transportation and land use planning to support reductions in greenhouse gas (GHG) emissions. • Cap and Trade Funds – AHSC Program (Affordable Housing & Sustainable Communities). Administered by the Strategic Growth Council and implemented through HCD to incentivize the development of compact, transit-oriented affordable housing, transportation improvements, and related programs that reduce GHGs. • Infill Infrastructure Grant Program (IIG). Administered by HCD with a primary goal to promote infill affordable and mixed-income housing development by funding infrastructure improvements. • Active Transportation Program (ATP). Administered by Caltrans to encourage increased use of active modes of transportation, biking & walking. • Senate Bill 2 (SB 2): California’s Building Homes and Jobs Fund. California’s Building Homes and Jobs Fund (created by SB 2) provides funding to support housing development. • Environmental Protection Agency Brownfields Grant. Provides technical assistance to communities, states, tribes and others to assess, safely clean up and sustainably reuse contaminated properties. • Measure C TOD Fund. A sales tax fund aimed at improving the overall quality of Fresno County’s transportation system. • The San Joaquin Valley Air District Bike Paths Grant. Provides funding to assist with the development or expansion of a comprehensive bicycle-transportation network. One-time, as sources are typically competitive and timing of availability is uncertain until secured. CHAPTER 8: Next Steps & Funding 195 Source Description Estimated Project Timing District-Based Tools Assessment District Benefit Assessment Districts allow cities to finance the costs of needed services by assessing area property owners based on benefits received by funded improvements or facilities. Improvements must confer “special benefits” upon affected property owners and assessments must be assigned in direct proportion to the benefits received. Facilities or services funded by a special assessment district could include streets, sidewalks, curbs and gutters, water, sewer, gas electric, lighting, drainage or flood control facilities and improvements. Benefit assessments require a greater than 50 percent ballot approval that is weighted based on the financial obligation of each property owner. Ongoing, and grows over time. Some sources allow for up-front revenue via bond financing. Community Facilities District (CFD) or Mello- Roos Community Facilities Districts (or Mello-Roos Districts) allow local agencies to create assessment districts and raise funds through special property taxes. They provide financing for public capital investment and operating improvements within the district through tax-exempt bonds sponsored by a public agency. Examples of eligible improvements include streets and public right of way improvements, park, recreation, and open-space facilities, school, library, and childcare facilities, water, wastewater, flooding, and other infrastructure. Community Facilities Districts require a two-thirds majority approval by residents (or land owners, if fewer than 12 registered voters reside in the district). Unlike Benefit Assessment Districts, no findings of special benefit are required for CFDs. Ongoing, and grows over time. Some sources allow for up-front revenue via bond financing. Infrastructure Finance Districts (IFDs, EIFDs, IRFDs, and CRIAs) Following the dissolution of Redevelopment Agencies in 2012, the State has bolstered alternative means of tax increment finance, through the approval of legislation that permits the creation of “Enhanced Infrastructure Finance Districts” (EIFDs), Infrastructure and Revitalization Districts (IRFDs) and Community Revitalization and Investment Authorities (CRIAs). CRIAs, in particular, are intended to provide a source of funding for infrastructure and housing in disadvantaged communities. Once established, these districts are authorized to receive tax increment revenues from a defined area with the consent of affected taxing entities, excluding school districts. Tax increment revenues may be used to fund a variety of capital facilities and housing. The financing capacity of the districts is driven by the portion of the base 1% tax levy that is dedicated to the district. It can be an effective tool when either a sponsoring city receives a large share of the 1% property tax levy or if counties agree to contribute a portion of the county increment to the district. Ongoing, and grows over time. Some sources allow for up-front revenue via bond financing. 196 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Source Description Estimated Project Timing Developer, Property Owners, and Users Linkage Fees A fee rate could be established for all new residential development in the Plan Area that would be specifically targeted to support affordable housing development. Such fees link the production of market rate real estate to that of affordable housing. The fee would require a nexus study and adoption by the City Council. One-time, as development activity occurs Development Impact Fees Pursuant to the Mitigation Fee Act, local agencies may assess impact fees to mitigate for new development’s impact on the need for infrastructure and other capital facilities. Impact fees may fund capital facilities required to serve new development only – they may not be used to fund ongoing operations and maintenance, other services, or existing infrastructure and facility deficiencies. Fees are typically paid at the time of building permit issuance or recording the final subdivision map and are placed into a separate impact fee fund for specific improvements. Parking or traffic mitigation fees are examples of development impact fees. One-time, as development activity occurs Property and Business Based Improvement District (PBID) A Property and Business Based Improvement District (PBID) places a special assessment on properties within the district boundaries to fund specific services and improvements within the district. Funds collected by the local government are then directed to the PBID, which is operated by a nonprofit entity formed by district property owners. Revenues are commonly used to augment district services (e.g. sanitation, security, marketing and economic development initiatives) but can also be used to fund small- and large-scale capital improvements. Improvements may also be financed via issuance of bond debt supported by benefit assessments. Potentially ongoing Multifamily Improvement Districts (MID) Multifamily Improvement Districts are similar to PBIDs but focus on providing services to benefit apartments, condominiums, mobile home parks, and other high-density residential uses. These types of districts are most commonly used in disadvantaged communities to augment existing services and promote activities beneficial to the district. MID assessments may pay for a variety of activities and improvements, including supplemental security services and improvements, parking, sidewalks, street lighting, and landscaping. Improvements may also be financed via issuance of bond debt supported by benefit assessments. Potentially ongoing CHAPTER 8: Next Steps & Funding 197 Source Description Estimated Project Timing Development Agreements with Enhanced Entitlements It is common for local agencies to enter into a development agreement when conferring long-term entitlements for a major project. As part of the negotiation process, developers may agree to provide extraordinary benefits, including infrastructure and other public facilities. These commitments are agreed upon at the discretion of negotiating parties and as such are not subject to the Mitigation Fee Act. The nature and magnitude of benefits provided will depend on local market conditions, the entitlements, and the development economics of the project. Providing favorable entitlements can be an effective means for funding infrastructure and public facilities. Examples include: reducing parking requirements, increasing permitted floor to area ratios, etc. By increasing the value of the private development, additional “value” is created, a portion of which can be directed towards infrastructure improvements. One-time, as development activity occurs Economic Incentive Agreements Economic incentive agreements can provide the private sector with public funding in situations where a commercial project may not be financially feasible but has the potential to deliver measurable community benefits. Strict legal limits apply to the type and scope of such public funding agreements, especially in the wake of the loss of local redevelopment authority in California. Moreover, any such public funding provided to the private sector will trigger Davis Bacon prevailing wage requirements which may offset any benefits to project economics. Under current legal authority and defined circumstances one example is where a city or county enters into an agreement pledging to rebate a portion of sales taxes generated by new businesses locating to an area that designate the jurisdiction as the “point of sale”. Offering to rebate a portion of transient occupancy tax revenue generated by lodging development provides another example of an economic incentive agreement. Developers can use such public funding commitments to directly fund project costs or as a pledge to equity partners or commercial lenders, thus improving project feasibility. One-time, as development activity occurs Fee Credits/ Reimbursement Agreements Many local agencies permit developers to construct area- serving infrastructure such as streets, utilities, parks and open space in lieu of paying certain impact fees. Local agencies may also enter into agreements to reimburse developers for investments in area-serving infrastructure in cases where the value of the investment exceeds fees otherwise owed by the project. One-time, as development activity occurs 198 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Source Description Estimated Project Timing Developer, Property Owners, and Users (continued) CEQA Mitigations As a requirement of approval, developers may be required to undertake a number of mitigation measures as defined by the California Environmental Quality Act (CEQA). The Environmental Assessment for the Plan will identify the CEQA mitigations that will be required of new development within the Specific Plan Area. One-time, as development activity occurs Opportunity Zone Investments in a federally designated Opportunity Zone are subject to certain tax advantages that can improve the attractiveness of certain investment opportunities. Opportunity Zones are intended to spur economic development by providing tax incentives for investors to invest new capital in businesses operating in a Qualified Opportunity Zone. Potentially ongoing New Market Tax Credits (NMTC) The NMTC program incentivizes community development and economic growth through the use of federal income tax credits that attract private investment to distressed communities. Tax credits are sold to private investors and used to make debt or equity investments in entities located in qualified low income communities through a local financial intermediary known as a Community Development Entity (CDE). Access to funding from the NMTC program is highly competitive. Successful projects are those that can demonstrate significant positive community impacts, usually in the form of permanent job creation, new goods and services, access to healthy food options, and environmental sustainability. One-time, as development activity occurs City Resources General Fund While not a primary funding source, the City’s General Fund may be a useful source for short-term funding prior to the identification of longer-term sources of capital. Ongoing, and potentially available if prioritized by the community Capital Improvement Program Infrastructure projects identified in the Specific Plan – including the major capital improvement projects – are candidates for inclusion in the City’s Capital Improvement Program, which is updated annually and includes a projection of five years of future infrastructure projects. Ongoing, and potentially available if prioritized by the community SPECIFIC PLAN Redline Draft | May 2023 City of Fresno central southeast area table of contents 1. introduction 1 1.1 Introduction and Purpose 3 1.2 The Plan Area 3 1.3 What is a Specific Plan? 6 1.4 Existing Plans and Programs 7 1.5 Community Engagement Process 14 1.6 Document Structure 17 2. vision & goals 21 2.1 Vision 23 2.2 Guiding Principles 24 2.3 The Big Ideas 28 3. land use and urban design 31 3.1 Introduction 33 3.2 Existing Conditions 33 3.3 Issues and Opportunities 38 3.4 Land Use Plan 40 3.5 Goals and Strategies 48 4. transportation, public realm, & infrastructure 85 4.1 Introduction 87 4.2 Existing Conditions 87 4.3 Issues and Opportunities 96 4.4 Proposed Circulation Networks 98 4.5 Goals and Strategies 104 5. parks & open space 127 5.1 Introduction 129 5.2 Existing Conditions 129 5.3 Issues and Opportunities 132 5.4 Proposed Open Space Network 134 5.5 Goals and Strategies 136 6. economic development 145 6.1 Introduction 147 6.2 Existing Conditions 147 6.3 Issues and Opportunities 148 6.4 Targeted Industry Sectors 150 6.5 Goals and Strategies 151 7. quality of life 163 7.1 Introduction 165 7.2 Existing Conditions 166 7.3 Issues and Opportunities 169 7.4 Goals and Strategies 171 8. next steps & funding 187 8.1 Introduction 189 8.2 Community Priorities 189 8.3 Next Steps and Plan Tracking 192 8.4 Funding and Financing Strategy 192 acknowledgments City Council • Esmeralda Soria, District 1 • Mike Karbassi, District 2 • Miguel Arias, District 3 • Tyler Maxwell, District 4 • Paul Caprioglio, District 4 (former) • Luis Chavez, District 5 • Garry Bredefeld, District 6 • Nelson Esparza, District 7 Planning Commission • Kathy Bray, Chair • Brad Hardie, Vice Chair • Raj K. Sodhi-Layne, Vice Chair (former) • David Criner • Debra McKenzie • Peter Vang • Monica Diaz City Management • Thomas Esqueda, City Manager • Wilma Quan, City Manager (former) • Gregory Barfield, Assistant City Manager • Jim Schaad, Assistant City Manager (former) City Staff • Drew Wilson, Project Manager • Sophia Pagoulatos, Planning Manager • Jennifer Clark, Director of Planning + Development • Michelle Zumwalt, Architect • Michael Andrade, GIS Specialist • Lachea Deamicis, GIS Specialist • Casey Lauderdale, Planner • Kara Hammerschmidt, Service Aid • Rodney Horton, Planner • Marisela Martínez, Planner CSESP Steering Committee • Mike Kludjian • Gary Nachtigall • Joe White • Jenna Chilingerian • John Alkire • Brandie Banks-Bey • Gabriel Lozano • Jas S. Khalon • Maria Perez • Pao Yang • Luis Santana • Josephine Kiran • Sushil Prakash • Lilia Becerril • Grecia Elenes Consultant Team • Matt Raimi, Raimi + Associates • Alessandra Lundin, Raimi + Associates • Dave Sargent, Sargent Town Planning • Peter VanderWal, Sargent Town Planning • Martin Cordova, Sargent Town Planning • Andrew Krizman, Sargent Town Planning • Ellen Martin, Economic Planning Systems • Mary Bean, First Carbon Solutions • Phil Ault, First Carbon Solutions • Derek Rapp, Stantec • Dennis Lammers, Stantec 1 CHAPTER 1: Introduction introductionch. 11 Our neighbors are resilient, hard-working, and have endured incredible pressures over our city’s 135 year history. We believe that this plan, which our neighbors have deeply informed, allows us to contribute to the well- being of our great city and also heal one of its great treasures — the central southeast neighborhoods we call home. – Joe White, CSESP Steering Committee Member “ 3 CHAPTER 1: Introduction 1.1 Introduction and Purpose Central Southeast Fresno (CSE Fresno) is home to one of the most diverse communities in Fresno in terms of demographics, economics, and regionally significant cultural amenities. The area has a rich history and culture, with active and engaged community groups and residents who are proud to call CSE Fresno their home. With ample land available for development and a prime location next to Fresno’s Downtown, Central Southeast has great potential. Yet for many years, the area has had difficulty attracting investment, high-quality development, and desired services. The area includes several of Fresno’s economically disadvantaged neighborhoods, and is marked by areas of vacancy, disinvestment, and blight. Residents have long advocated for equitable consideration in citywide development and the implementation of improvements that will preserve the community’s assets as well as improve the community’s image and quality of life. The need for a Specific Plan for the Central Southeast Area (Plan Area) emerged from community members who advocated for an actionable plan to address a broad array of neighborhood concerns including public health, safety, access to recreational amenities and open space, and economic opportunities, among others. The Central Southeast Area Specific Plan (CSESP, or the Plan) is the result of three years of visioning, robust community engagement, and relationship building between the City of Fresno and CSE Fresno residents to develop a community-driven Specific Plan. The purpose of the Plan is to help address community needs and guide future public and private development to create a more vibrant, attractive, equitable, and healthy community in a way that builds upon the social and cultural strengths of CSE Fresno. 1.2 The Plan Area The Plan Area, shown in Figure 1-1, covers over 2,200 acres (3.4 square miles) just east and southeast of Downtown Fresno and is bounded by Belmont Avenue to the north, East Avenue to the west, Church Avenue to the south, and Peach Avenue to the east. The Plan’s name relates to its location in the southern and central area of Fresno as shown in the Context Map in Figure 1-2. The Plan Area sits just north of the Industrial Triangle, is surrounded to the west by some of the oldest city neighborhoods, and to the east by unincorporated Fresno County agricultural lands, while the northern tip is a quarter-mile from access to State Route 180. The southern portion of the Plan Area boundary generally runs along Fresno City Limits, adjacent to and circumventing several “county islands” – unincorporated land under the jurisdiction of Fresno County. Maps and graphics throughout this document consider these county islands as a matter of good planning and spatial context, but the scope of the project, including the environmental analysis, focuses on the Plan Area only. Like most areas in Fresno, Southeast was initially agricultural land. As the area was gradually annexed and incorporated into the City of Fresno post-WWII, it transitioned to include a mix of commercial, industrial, and residential uses. Today the Plan Area includes approximately 30,624 people and 9,150 homes, and is characterized by a blend of older single-family and multi-family housing developments, industrial facilities, public facilities, vacant land, and commercial areas such as Ventura/Kings Canyon Road. introduction FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN4 Figure 1-1. Plan Area 5 CHAPTER 1: Introduction Figure 1-2. Context Map FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN6 The Plan Area is also home to several important regional and local institutions including the Fresno Fairgrounds, the Sal Mosqueda Community Center, and Fresno Pacific University. The San Joaquin Valley Railroad operates a local freight distribution line that provides services to existing industrial facilities adjacent to California Avenue, such as American Blues Trading, Kiwi Transport, Concept Coatings, Wawona Frozen Foods, and PDM Steel Service Center. Additional information on the Plan Area and existing conditions related to land use, circulation, infrastructure, environment, and the economy can be found throughout this document and in Appendix A: Central Southeast Specific Plan Existing Conditions Report (2018). 1.3 What is a Specific Plan? A Specific Plan is a comprehensive long-range planning tool used to guide future growth in a defined area. It establishes a link between the City’s General Plan and individual development or project proposals for the Plan Area by specifying a range of programs, policies, and regulations that help implement citywide goals and objectives pertaining to various topics, such as housing, land use, urban design, and transportation. Project proposals consistent with the Plan’s policies, regulations, and environmental assessment may be afforded streamlined California Environmental Quality Act (CEQA) review. In addition to these core functions, a Specific Plan outlines a blueprint for the City to pursue partnerships, strategies, and funding tools to complete the various proposed improvements. Regulatory Requirements The State of California describes a Specific Plan as a plan “for the systematic implementation of the general plan for all or part of the area covered by the general plan” (California Government Code (GC) Section 65450). Consistent with this guidance, the City of Fresno has prepared specific plans to provide a more detailed vision, development regulations, and implementation plan for focused areas of the city. The state allows flexibility for what local planning agencies include in specific plans (GC Section 65452). However, GC Section 65451 requires a specific plan to include the following components at minimum: 1. The distribution, location, and extent of the uses of land, including outdoor space, within the area covered by the plan. 2. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. 3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3). In addition, GC Section 65451 requires that the “specific plan shall include a statement of the relationship of the specific plan to the general plan,” and that specific plans must be consistent with the general plan (GC Section 65454). According to GC Section 65453, “A specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or ordinance and may be amended as often as deemed necessary by the legislative body.” 7 CHAPTER 1: Introduction 1.4 Existing Plans and Programs Many previous planning efforts and programs have helped set the stage for the Specific Plan as described below. This Plan serves as the first major planning effort to focus on major issues such as land use planning, parks and open space, transportation, and utilities for the CSE Fresno area since 1992. Figure 1-3 shows the Plan Area’s relation to other Community Plans in Fresno. Fresno General Plan (2014) The Fresno General Plan, adopted on December 18, 2014, establishes a vision for the city and creates a set of policies and implementation actions to achieve that vision. The General Plan envisions the creation of “complete neighborhoods,” which replace the current patchwork of industrial, agricultural, and residential land-use patterns with cohesive neighborhood-scale development that connects housing with jobs, retail, recreation, and services. An example of a complete neighborhood envisioned by the General Plan is located along the Ventura Kings Canyon Bus Rapid Transit (BRT) corridor, anchored by repurposed shopping centers between Chestnut and Peach Avenues along Kings Canyon Road. In addition to the emphasis on complete neighborhoods, the City of Fresno has worked with the Building Healthy Communities (BHC) campaign, which is led by the California Endowment and strives to provide disadvantaged communities with equitable access to resources that improve health. To support healthy community initiatives, the General Plan provides land use and urban design policies to increase access to physical exercise and fresh food. The Plan adoption process includes rezoning of properties to ensure consistency with the General Plan and to facilitate implementation. The General Plan does not include specific guidance for the Plan Area, but does include broad objectives and policies relevant to and supported by this Plan. The box on the following pages lists some of the key objectives from the General Plan. A map and table of the existing acreages, percentages, and density/ intensity ranges for each General Plan land use designation within the Plan Area can be found in Appendix A: Central Southeast Specific Plan Existing Conditions Report. The land use designations used in this Plan are consistent with the General Plan, however this Plan proposes changing the land use designation for some of the Plan Area’s parcels that will require the General Plan Land Use map to be amended. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN8 General Plan Objectives Economic Development • Objective ED-1: Support economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses. • Objective ED-3: Attract and recruit businesses and offer incentives for economic development. • Objective ED-2: Support local business start-ups and encourage innovation by improving access to resources and capital and help overcome obstacles hampering economic development. • Objective ED-4: Cultivate a skilled, educated, and well-trained workforce by increasing educational attainment and the relevant job skill levels in order to appeal to local and non-local businesses. Urban Form, Land Use, and Design • Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types. • Objective UF-2: Enhance the unique sense of character and identity of the different subareas of the Downtown neighborhoods. • Objective UF-14: Create an urban form that facilitates multi-modal connectivity. • Objective LU-7: Plan and support industrial development to promote job growth. • Objective LU-8: Provide for the development of civic and institutional land uses to meet the educational, medical, social, economic, cultural, and religious needs of the community. Mobility and Transportation • Objective MT-1: Create and maintain a transportation system that is safe, efficient, provides access in an equitable manner, and optimizes travel by all modes. • Objective MT-2: Make efficient use of the City’s existing and proposed transportation system and strive to ensure the planning and provision of adequate resources to operate and maintain it. • Objective MT-4: Establish and maintain a continuous, safe, and easily accessible bikeways system throughout the metropolitan area to reduce vehicle use, improve air quality and the quality of life, and provide public health benefits. • Objective MT-5: Establish a well-integrated network of pedestrian facilities to accommodate safe, convenient, practical, and inviting travel by walking, including for those with physical mobility and vision impairments. • Objective MT-6: Establish a network of multi-purpose pedestrian and bicycle paths, as well as limited access trails, to link residential areas to local and regional open spaces and recreation areas and urban Activity Centers in order to enhance Fresno’s recreational amenities and alternative transportation options. • Objective MT-9: Provide public transit opportunities to the maximum number and diversity of people practicable in balance with providing service that is high in quality, convenient, frequent, reliable, cost- effective, and financially feasible. 9 CHAPTER 1: Introduction Parks, Open Space, and Schools • Objective POSS-1: Provide an expanded, high quality and diversified park system, allowing for varied recreational opportunities for the entire Fresno community. • Objective POSS-2: Ensure that adequate land, in appropriate locations, is designated and acquired for park and recreation uses in infill and growth areas. • Objective POSS-3: Ensure that park and recreational facilities make the most efficient use of land; that they are designed and managed to provide for the entire Fresno community; and that they represent positive examples of design and energy conservation. • Objective POSS-9: Work with California State University, Fresno, and other institutions of higher learning in Fresno, to enhance the City’s workforce, job creation, and economic development, as well as its image and desirability as a place to live. Healthy Communities • Objective HC-1: Work with neighborhood associations of local residents, businesses, and institutions on neighborhood and community health initiatives. • Objective HC-2: Create complete, well-structured, and healthy neighborhoods and transportation systems. • Objective HC-3: Create healthy, safe, and affordable housing. • Objective HC-4: Improve property maintenance. • Objective HC-5: Promote access to healthy and affordable food. • Objective HC-6: Improve access to schools and their facilities for the community. • Objective HC-8: Support programs, leadership, and opportunities for Fresno’s youth. Historic and Cultural Resources • Objective HCR-3: Promote a “New City Beautiful” ethos by linking historic preservation, public art, and planning principles for Complete Neighborhoods with green building and technology. Housing Element • Objective H-1: Provide adequate sites for housing development to accommodate a range of housing by type, size, location, price, and tenure. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN10 Citywide Development Code Update (2015) On December 3, 2015 the City updated its zoning ordinance – known as the Citywide Development Code – which governs development in all areas of the city and serves as a vehicle to implement the goals, objectives, and policies of the General Plan and other operative plans. The Code functions as a regulatory guide for the physical development of the city that is in concert with the arrangement of land uses identified in the General Plan. The Citywide Development Code includes standards and regulations on 11 types of districts: Buffer Districts, Residential Single-Family Districts, Residential Multi-Family Districts, Mixed-Use Districts, Commercial Districts, Employment Districts, Public and Semi-Public Districts, Downtown Districts, and Overlay Districts. The Plan adoption process includes rezoning of properties to ensure consistency with the General Plan and facilitate implementation. This Plan does not establish or change any regulations from the Citywide Development Code; rather, it references the Code for development regulations and design guidelines that apply to the Plan Area. Downtown Neighborhoods Community Plan (2016) The Downtown Neighborhoods Community Plan (DNCP) was adopted on October 20, 2016 and establishes a vision for the revitalization of the DNCP area based on input from property owners and residents. The DNCP is the community’s tool for guiding the successful regeneration of Downtown Fresno and its surrounding neighborhoods. It is a visionary document that lays out the community’s long-term goals for the DNCP Plan Area and provides detailed policies concerning a wide range of topics, including land use and development, transportation, the public realm of streets and parks, infrastructure, historic resources, and health and wellness. The Fresno General Plan’s direction to generate activity centers and focus reinvestment in the center of the city as the primary activity center is made tangible through the DNCP’s goals, policies, and actions. This Plan picks up where the DNCP left off along the northwestern boundary (Orange, Cedar, and Chestnut Avenues) and is a continuation of that effort (see Figure 1-3). Specific Plan for the Butler/Willow Area (1971) The Specific Plan for the Butler/Willow (SPBW) Area was adopted June 15, 1971 and was intended primarily to provide a detailed plan for zoning and circulation of the 564-acre area surrounding the Internal Revenue Service Center (IRS). The SPBW was created at the direction of the City Council after the property’s annexation to the City of Fresno in 1970. The SPBW project area mostly overlaps with the Plan Area, including the areas surrounding the current IRS facility on Butler and Willow Avenues. This Plan carries forward relevant policies from the SPBW, which will be repealed with the adoption of this Plan to avoid overlap and confusion. Roosevelt Community Plan (1992) The Roosevelt Community Plan (RCP) was adopted on April 7, 1992 and its primary purpose was to address issues and concerns affecting the community as it was experiencing growth. The RCP intended to anticipate the community’s needs and to stimulate the development of well-balanced quality neighborhoods for all of CSE Fresno. The RCP established policies and standards consistent with the 1984 Fresno General Plan. The RCP was intended to direct the physical growth and change of the community through 2002. The RCP project area overlaps with the entire Plan Area, as its planning boundaries extend further in every direction. This Plan carries forward relevant policies from the RCP, which will be repealed with the adoption of this Plan to avoid overlap and confusion. 11 CHAPTER 1: Introduction Ventura / Kings Canyon Corridor Complete Streets Plan (2015) The Ventura/Kings Canyon Corridor Complete Streets Plan (also known as Revitalize Ventura/Kings Canyon) was completed in January 2015 and was a community-led project to improve how people live, work, and shop along Ventura Avenue and Kings Canyon Road in CSE Fresno. The project area for Revitalize Ventura/Kings Canyon includes a three-mile stretch of the east-west corridor from First Street and Ventura Avenue to Peach Street and Kings Canyon Road. The community planning effort resulted in a demonstration project which implemented temporary streetscape improvements to revitalize the corridor for a day and a Complete Streets Plan, which provides recommendations to revitalize the corridor for all modes of travel with permanent improvements. The project was funded by the Fresno Council of Governments (Fresno COG) via a California Department of Transportation (Caltrans) Environmental Justice Transportation Planning Grant, which aimed to promote the involvement of underserved communities in transportation planning and community development efforts in local neighborhoods. Recommendations from the project are integrated into the Plan. Parks Master Plan (2017) The City of Fresno is dedicated to improving access to parks and open spaces to enhance the health and quality of life of the community. In December 2017, the City of Fresno adopted the Parks Master Plan, which articulates a vision for improving Fresno’s park and open space system. The identified citywide challenges include deferred lifecycle replacement investments, a shortfall in maintenance funds, a high percentage of parks in poor condition, lack of accessibility, and concern over crime and safety. Southeast Fresno was identified as an area in great need of improved park amenities. Within the Plan Area, Pilibos Soccer Park and Mosqueda Center are designated “Flagship” parks for improvement. Flagship parks will be prioritized for ongoing upgrades and fully funded maintenance including lifecycle replacement. Recommendations from the Parks Master Plan are integrated into this Specific Plan. Industrial Land Use Compatibility Study (In Progress) The Fresno Industrial Land Use Compatibility Study will identify land use interfaces that are typical in Fresno, describe the primary environmental issues with each interface, and then describe a broad array of tools to increase land use compatibility. The Industrial Land Use Compatibility Study is currently in progress, with an anticipated completion date of late spring/early summer of 2020. Fresno Active Transportation Plan (2017) The Fresno Active Transportation Plan (ATP) (March 2017) outlines a vision for active transportation in Fresno. The plan includes a roadmap for creating a complete, safe, and comfortable network of trails, sidewalks, and bikeways that serves all residents of Fresno. It includes a comprehensive bicycle, pedestrian, and trail network for the Southeast area. Some of the recommended improvements in CSE Fresno include installing new Class II bikeways along Butler Avenue and along all north-south arterials in the Plan Area, designating Butler, Maple, and Lane Avenues as priority bikeways, closing gaps in the sidewalk network, and installing crossing improvements along Kings Canyon Road. This Plan builds on the recommendations in the ATP and proposes additional improvements, goals, and strategies to enhance the safety of streets and sidewalks and promote active transportation in CSE Fresno. As with other plans, the recommendations from the ATP are included in this Specific Plan. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN12 Figure 1-3. Relationship to Community Plans 13 CHAPTER 1: Introduction Complete Streets Policy (2019) A high-quality network of “Complete Streets” can improve safety, enhance access, and support greater choice in transportation options. A complete street is a transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users, including pedestrians, bicyclists, transit users, and vehicles. The City of Fresno has recently adopted a “Complete Streets” policy that applies citywide (October 10, 2019). CSE Fresno presents an opportunity to implement complete streets principles on a large scale, providing safe and convenient travel for all modes and all users. ADA Transition Plan for the Right of Way (2016) On February 25, 2016 the City Council adopted the 2016 Update to the Americans with Disabilities Act (ADA) Transition Plan for the Right of Way (ROW). The Transition Plan incorporates retrofitting Curb Ramps, Sidewalks, and Accessible Pedestrian Signals and replaces the 2003 Amended Curb Ramp Transition Plan. The goal of the Transition Plan is to ensure that the City maintains accessible paths of travel in the ROW for people with disabilities. Through this and previous plans, the City of Fresno has made a significant and long-term commitment to improving the accessibility of the ROW. The Department of Public Works has been the primary leader in these efforts, with collaboration from the Disability Advisory Commission (DAC) in prioritizing and providing input on the Transition Plan. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN14 1.5 Community Engagement Process The project team administered a multifaceted and extensive engagement strategy that leveraged a broad range of community input throughout the planning process. From the outset, a core objective of the Plan was to provide ample opportunities for participation among all sectors of the community, including disenfranchised populations not typically reached in community planning efforts. To that end, the project team prepared a Community Involvement Strategy prior to the start of the planning process. This tool was designed with the intent to incorporate a diversity of perspectives into the planning process and understand how various stakeholders – including residents, business owners, visitors, and community organizations – view CSE Fresno as it stands today and how they envision it evolving in the future. This effort included numerous stakeholder interviews, community workshops, mobile workshops, surveys, and Steering Committee meetings. The various components of the outreach process are described in greater detail below: Steering Committee Meetings The success of this Plan would not have been possible without the collaboration and dedication of the CSE Fresno Steering Committee, who helped guide creation of the Plan reflecting the aspirations and needs of CSE Fresno’s diverse community. At the beginning of the planning process, the District 5 Council Member Luis Chavez appointed a 15-member Steering Committee made up of neighborhood residents, business owners, and other stakeholders. Represented on the Steering Committee were community organizations such as Habitat for Humanity, Leadership Counsel for Justice and Accountability, The Big Fresno Fair, The Fresno Center, Reading and Beyond, Neighborhood Church, and the Southeast Fresno Community Economic Development Association. The Committee had a mix of English- and Spanish- speakers and all meetings were bilingual. 15 CHAPTER 1: Introduction The Steering Committee’s purpose was to ensure that residents and community leaders stayed engaged and driving the CSESP process and to translate community input into key elements of the Plan. They provided guidance throughout the planning process, weighed in at key decision points, and developed and reviewed Plan content. This included helping to develop the Plan’s Guiding Principles, refining the land use and transportation concepts, and recommending strategies for specific content areas and topics such as economic development, parks and open space, housing, public health, and safety. The Steering Committee was also invaluable in helping to promote, design, and facilitate workshops and conduct focused small group meetings with residents and stakeholders to gather additional input. A total of nine Steering Committee meetings were held throughout the planning process, the majority of which were structured to allow the Steering Committee to discuss key issues identified by the community and provide recommendations for how these issues should be addressed in the Plan. The last two meetings focused on reviewing and approving the proposed land use changes and ranking the Draft Goals and Strategies for the Plan. Website The City created and maintained a project website, providing current project information, upcoming events, key milestones, and project deliverables. Stakeholder Interviews The project team conducted sixteen stakeholder interviews at the beginning of the planning process in October 2017. Stakeholders interviewed included: resident groups, Fresno Unified School District, Central Southeast Fresno Community Economic Development Association, religious leaders, Fresno Pacific University (FPU), local community organizations, and other representatives of CSE Fresno. These interviews provided the project team with an introduction to the assets, strengths, and primary issues in the Plan Area, as well as recommended outreach methods to reach a broad sector of the community. Surveys At key junctures in the process, the project team developed online and paper surveys to reach a broader diversity of residents, business owners, and other interested parties. Three surveys occurred during the Specific Plan preparation process. The first survey was aimed at getting an understanding of the community’s view of the project area as well as identifying key community issues and desires. The second survey asked residents to identify where they would like to see more park space and open spaces in CSE Fresno. The third survey allowed residents to rank the Plan’s Goals and Strategies according to priority. Input from over 600 different respondents was received over the course of the three surveys that provided valuable insight, the results of which were shared with the community and the Steering Committee. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN16 Community Workshops Three community workshops were conducted to provide input at key stages in the planning process. The first workshop was held on June 20, 2018 with the goal of identifying issues and opportunities in the Plan Area, as well as the community’s vision and guiding principles for the Plan. The second workshop, held on July 17, 2018, invited participants to comment on “Big Ideas” (see Section 2.3 of Chapter 2) related to land use and transportation for the Plan Area, and provide input on priority locations and amenities for new parks. The third workshop, held on October 4, 2018 sought community input on and priority ranking of the Plan’s Draft Goals and Strategies for various topics such as parks, public health, safety, environment, and economic development. All of the workshop activities and results provided guidance to the Steering Committee and project team throughout development of the Plan. Engagement Toolkit and Mobile Workshop The project team developed a mobile outreach strategy designed to overcome common barriers to public participation such as planning fatigue, inability to attend evening meetings, and unfamiliarity with navigating the planning process. This included an engagement toolkit to allow the Steering Committee and other community partners to conduct their own meetings and events with members of the community, as well as mobile workshops to reach residents at times and locations convenient for them. Outreach efforts were integrated into established and ongoing community group meetings and events in the Plan Area. City staff brought mobile workshops to over 20 community group meetings in and near the project area, and received input from dozens of stakeholders. The activities conducted at the mobile workshops mirrored those from the community workshops. This provided opportunities for a broader range of stakeholders to offer input on key aspects of the planning process and provide guidance throughout development of the Plan. 17 CHAPTER 1: Introduction 1.6 Document Structure This Specific Plan is intended to be an actionable document used by the City, developers, stakeholders, and community members to facilitate development in the CSE Fresno Plan Area. To that end, the remainder of the Plan following Chapter 2 (Vision and Guiding Principles) is organized by topic area. These chapters evaluate existing conditions in the Plan Area and establish transformative strategies that implement the community vision. The structure of this document and a summary of its chapters are as follows: 1. Introduction: This chapter provides a broad overview of the planning context, community engagement process, and organization of the Specific Plan. 2. Vision and Guiding Principles: This chapter outlines the vision and guiding principles for CSE Fresno that were articulated during the community engagement process. 3. Land Use and Urban Design: This chapter describes the proposed land uses in the Plan Area. It also outlines a unique set of goals and strategies that pertain to future desired uses and development in each “change area” or subarea in CSE Fresno. 4. Transportation, Public Realm, and Infrastructure: This chapter outlines priority circulation improvements for all travel modes – including walking, bicycling, driving, and transit – and specific design recommendations to make streets and pathways more walkable and comfortable for CSE Fresno residents. It also includes utility and infrastructure needs in the Plan Area. 5. Parks, Open Spaces, and Public Facilities: This chapter describes the existing context for public parks, open spaces, and recreational facilities within the Plan Area and identifies key opportunities for improvement. Strategies include both new parks on opportunity sites and enhanced programming at existing facilities. 6. Economic Development: This chapter outlines an inclusive and sustainable economic development strategy that targets growth in key industry sectors, as well as improved economic opportunity for CSE Fresno and businesses through job training and workforce development. 7. Quality of Life: This chapter outlines strategies to improve quality of life in CSE Fresno by addressing the social and environmental determinants of health. This multifaceted approach includes improving public safety, promoting healthy lifestyles, mitigating environmental hazards, and building capacity within communities. Topics covered include: public health, public safety, environment and environmental justice, and community empowerment. 8. Funding and Financing: This chapter summarizes the community priorities, next steps, and potential funding and financing strategies to implement the Plan’s recommended improvements and programs. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN18 What are Goals and Strategies? Each chapter contains goals and strategies that serve as tools to achieve the community’s vision. These are intended to provide clear direction for how the City and community partners will work collaboratively to implement the overall vision of this Plan. The vast majority of these goals and strategies come directly from the community through the engagement process described in this chapter. Staff and the consultant team added a few related strategies to incorporate best practices and to complement the comprehensive approach to achieving the community’s desired outcomes. Goals Goals either apply to the entire Plan Area or specific subareas, and are a visionary statement of the city and community’s intent for a particular topic. Not every project or program must fulfill every goal; rather, future projects will contribute in different and unique ways to the overall goals for the Plan Area. Strategies Strategies describe the recommended actions - including both programs and physical improvements - that should be completed by the City, community, and/or developers in order to achieve the associated goals and overall vision for the Plan Area. 19 CHAPTER 1: Introduction how to use this plan If you are a Community Member For community members who are interested in learning about this Plan, Chapter 2 will help you understand the vision and guiding principles for CSE Fresno for the next 20-25 years. Chapters 3 through 7 have more detailed information about land uses and design, circulation and infrastructure improvements, new and improved parks and open spaces, policies to improve community health and safety, and economic development opportunities. If you are a Property Owner or Developer Property owners who are interested in developing in the Plan Area should become familiar with the Plan’s overall framework and vision, as described in Chapter 2. Development applications and project designs should be consistent with the land use and design recommendations, and community desires for specific subareas (Chapter 3), as well as relevant guidance for transportation and infrastructure improvements (Chapter 4). If you Work for the City If you are an elected City official or City staff, you will be responsible for guiding property owners and developers in their development decisions and applications, and pursuing partners, strategies, and funding sources for the improvements and programs identified in the Plan. The City will use this Plan to evaluate these applications and when planning public improvements to ensure new development and public investments are consistent with the overall vision and policies. Future public infrastructure, mobility, and public realm investments should be consistent with the CSESP. The City should regularly monitor the progress being made to achieve the goals in this Plan. FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN20 CHAPTER 2: Vision & Goals 21 vision & goalsch. 22 22 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 2: Vision & Goals 23 vision & goals This chapter includes an introduction to the Vision Statement and Guiding Principles that developed during the planning process. They set the stage for the Specific Plan’s overall planning framework – the “Big Ideas” for key areas of change – and are implemented through the proposed improvements, goals, and strategies found throughout the Plan. Additionally, Section 2.3 describes community implementation priorities for the Plan Area. Combined these elements represent the high-level desires and aspirations for CSE Fresno, as defined by the community. 2.1 Vision vision statement Over the next 30 years, CSE Fresno will become a lively, beautiful, walkable, and healthy community for its residents and all Fresnans. Supported by enhanced mobility options and an activated public realm, the community will feature safe and complete neighborhoods that provide a range of amenities essential to a high quality of life, including parks, community centers, recreational programming, healthy food options, health services, and quality jobs. As development occurs and uses diversify, a variety of housing choices will be provided that meet the diverse needs and income levels of the community, all within a short walk from shops, schools, parks, and transit. Residents will enjoy greater economic opportunity and prosperity through a diversified economy, support for small businesses and entrepreneurs, access to quality education, and expanded workforce development. Revitalization, beautification, greening and other neighborhood improvement efforts will foster community pride and promote the image of CSE Fresno as an attractive, safe, and desirable location for businesses to thrive and people to live, work, and visit. CSE Fresno will have a strong sense of place, rooted in community-driven transformation and celebration of its many assets, rich history, cultural diversity, and passionate spirit. 24 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 2.2 Guiding Principles During the early stages of the planning process, the community provided input on issues and opportunities in the Plan Area. Based on this input and further direction provided by the project Steering Committee, the City and its partners drafted a set of Guiding Principles that reflect the community’s shared vision for a prosperous, livable, safe, and attractive CSE Fresno for all residents. These Guiding Principles are aspirational yet achievable and underpin all recommendations found throughout the Plan. The Guiding Principles for the CSE Fresno Specific Plan are defined as follows: 1. Emphasize cultural diversity. Protect and enhance the diverse cultures and ethnicities in Central Southeast Fresno through historic preservation and recording of history, supporting multi-cultural events, protecting diverse retail establishments and promoting racial tolerance. This will allow all people, regardless of race, class, income or age, to thrive in Central Southeast Fresno. 2. Keep the engaged population active. Continue the community’s history of having an active and engaged citizenry through the Specific Plan process. This includes engaging residents in the decision-making process, building capacity to implement the vision of the community, and engaging youth in civic activities. 3. Support the underserved. Protect and celebrate Central Southeast residents’ willingness to help one another and support those in need. Photo credit: PGA DesignPhoto credit: Fresno Bee CHAPTER 2: Vision & Goals 25 4. Preserve strong and unique neighborhoods. Central Southeast Fresno has some of the most unique and diverse neighborhoods in the city. Preserve the character, identity and sense of place. As part of the process, strive to protect the character of neighborhoods while allowing for growth and change over time. 5. Protect housing affordability and minimize displacement. Protect existing housing affordability and reduce the potential for the displacement of current residents as the area reaches its full potential. Strategies include supporting both market rate and affordable housing and creating more housing choice in the neighborhood to serve a diverse demographic of new and existing residents. 6. Enhance connections to Downtown. Build upon Central Southeast Fresno’s strategic location in proximity to Downtown to enhance access to jobs, services, cultural, and other community amenities. 7. Improve safety. Improve safety in and around Central Southeast Fresno through a range of strategies including increased pedestrian activity, more “eyes on the street”, community policing, better lighting, activation of vacant spaces, and an increased sense of ownership and stewardship by residents, workers, and visitors. Photo credit: GVWire 26 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 8. Enhance mobility and improve connectivity. Improve pedestrian, bicycle, transit, and vehicle connections with a focus on improving transportation safety (especially around schools and parks) and inexpensive mobility options. Expand transit service to ensure that residents can quickly and easily access jobs and services throughout the city. Support the recent Bus Rapid Transit (BRT) investment along Kings Canyon Road as an important strategy to better connect residents to jobs and services in Downtown and other parts of the city. 9. Expand access to educational opportunities. Seek to improve educational opportunities for residents of all ages. This includes improving youth education to expand access to opportunity, providing vocational training, and supporting on-the-job training at local businesses. As part of this strategy, partner with local educational institutions to ensure access for Central Southeast Fresno residents. 10. Support economic vitality. Encourage an environment where diverse businesses can flourish and thrive. Expand job opportunities, workforce training programs, and support for local businesses. 11. Reduce pollution and protect environmental health. Improve air quality by supporting innovative programs for environmental sustainability and increase resilience of the community against hazards. Protect residents from the adverse health impacts of nearby industrial land uses. CHAPTER 2: Vision & Goals 27 12. Support health and equity. Promote equity, health, and well-being by providing a range of community services and access to healthcare, recreational opportunities, and healthy food options. Encourage the development of grocery stores, farmer’s markets, and community farming. 13. Build and improve parks and community facilities. Seek new ways to fund park maintenance and plan for new neighborhood parks, community facilities, and other public spaces that will provide a place for the community to gather, socialize, and play. 14. Invest in maintenance and beautification. Invest in maintaining and cleaning streets and public spaces. Improve walkability, sense of place, public spaces, and community aesthetics through landscaping, streetscape treatments, and facade improvements. Create a welcoming community that is clean, safe, and inviting. 15. Encourage continued and expanded diversity of uses. Support a diverse mix of uses including retail, jobs, services, housing, civic spaces, and community facilities, particularly along Kings Canyon Road, in neighborhood retail areas and in non-residential areas. Encourage retention of key retail and ethnic establishments while introducing more varied essential goods and services. 16. Utilize the Fairgrounds. Support existing events and encourage new events and flexible or temporary uses that will activate the Fresno Fairgrounds year-round, attract both local and regional populations and provide a long- term and tangible benefit for Central Southeast Fresno residents. 28 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 2.3 The Big Ideas The project team conducted a four-day charrette with the Steering Committee and community members to brainstorm strategies that would stimulate positive change in CSE Fresno. That session helped identify key opportunity or “change” areas and accompanying design concepts that would implement the Specific Plan’s overarching vision and Guiding Principles. These land use concepts, which became known as the “Big Ideas”, were presented at a Steering Committee meeting, a community workshop, and several mobile workshops, and further refined based on community feedback (see Figure 2-1). The eight Big Ideas are defined as follows and further detailed in Chapter 3. Land Use and Design and Chapter 4. Transportation, Public Realm, and Infrastructure. Figure 2-1. Map of the “Big Ideas” CHAPTER 2: Vision & Goals 29 Kings Canyon Corridor Transform Kings Canyon from an old auto highway through town into a unique, walkable, and vibrant mixed-use corridor focusing on cultural and food establishments. Potential transformation can be completed through facade updates, street improvements, and attracting new mixed-use development. Former UMC Hospital Site Redevelop the former University Medical Center (UMC) hospital with senior housing and a continuum of care facility providing medical, behavioral, and social services. Activate the parking lot along Kings Canyon through the creation of temporary public space that could accommodate events such as farmers markets and food truck festivals. International Shopping/Mixed-use Center Turn the Asian Village shopping center along Kings Canyon Road into a regional destination for ethnic food and entertainment through streetscape and community open space improvements and programming. Strengthen the King Canyon Bus Rapid Transit corridor through redevelopment of surface parking lots along King Canyon with multi-family housing and pedestrian-oriented commercial development. Maple/Butler Community and Cultural Center Build upon existing successful amenities in the area such as the Mosqueda Center and the Fresno Fairgrounds to turn this area into a hub for cultural activities and community recreation and events. In the interim before redevelopment occurs, activate vacant properties with temporary uses such as recreational, cultural, food, and entertainment events. Orange Avenue Neighborhood “Main Street” Streetscape and frontage improvements could transform Orange Ave into a charming neighborhood “main street” with shops, restaurants, and outdoor seating. Repurpose existing buildings into local serving amenities such as restaurants, small grocery stores, flexible office or makers spaces for non- profits and entrepreneurs, and job training centers. IRS Education/Tech Hub Redevelop the former Internal Revenue Service (IRS) site as a tech-centered employment and/or education campus that could provide new jobs, commercial space, amenities, and residences for workers or students as well as the surrounding community. Significant Neighborhood Infill Large vacant and underutilized parcels in the southern part of the Plan Area are poised for new housing development for a range of household types. New housing should integrate with the surrounding neighborhoods through design and new street and pedestrian/bicycle connections. Business Park/Employment District Introduce smaller-scale employment generating uses such as light industrial, clean tech, business parks, offices, and job training centers to provide a transition between heavy industrial uses and residential neighborhoods around California Avenue. Note: During development of the Proposed Land Use Map the Steering Committee voted to use the “Office” designation as the transitional land use buffer between residential neighborhoods and industrial uses. 1 2 3 4 5 6 7 8 30 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 3: Land Use & Urban Design 31 land use & ch. 33 urban design 32 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 3: Land Use & Urban Design 33 land use and urban design 3.1 Introduction The CSESP aligns future land uses and the built environment to the needs of the community. The proposed land use and design recommendations in this chapter aim to expand opportunities for a variety of housing types, provide spaces for businesses to grow, ensure ample open space, and create vibrant centers of commercial and community activity. New housing choices will accommodate residents of all income groups, ages, and at different stages in their lives. New mixed-use development is envisioned on most opportunity sites in the Plan Area, accented by new connections, improved public spaces, and enhanced streetscapes. This chapter summarizes the proposed land uses and urban form for CSE Fresno, which reflects both the Steering Committee’s and community’s vision for future development. The locations of the various land uses were selected and refined by the Steering Committee in order to support the type of community described in the Plan’s vision (see Chapter 2). The Plan’s land use map should be considered the physical “vision” for the area and the underlying foundation for the Plan. 3.2 Existing Conditions Existing Land Uses Existing uses in the Plan Area include a mix of suburban housing developments, public facilities, strip shopping centers, industrial uses, and vacant land (see Figure 3-1). Predominant land uses on the ground are medium-density residential (21.5%), public facilities (20.4%), medium-low density residential (9.7%), and vacant land (8.6%). The vast majority of commercial uses are located along Ventura/Kings Canyon (community commercial), with very limited neighborhood and general commercial uses along Orange and Butler Avenues. Big Box retail and chain restaurants comprise most of the retail environment, with the rest being located in low quality strip commercial and semi-rural retail with low intensity activity. These car-oriented retail options lack character and limit pedestrian and bicycle access from main thoroughfares and adjoining neighborhoods, limiting travel choices for residents. Office uses in the Plan Area are limited to just a few small parcels on either side of Ventura/Kings Canyon Road. The southern portion of the Plan Area around California Avenue is dominated by heavy and light industrial facilities that often directly abut neighborhoods, creating noise, pollution, and heavy truck traffic that negatively impact nearby residents. The remainder of the Plan Area is largely comprised of single-family neighborhoods with some areas of multi-family housing. A lack of “missing middle housing”—namely, multifamily units like duplexes, fourplexes, mansion apartments, bungalow courts, and rowhouses—means there is limited variety in the type and affordability of housing options in the Plan Area. There is a particular need for multigenerational housing options that would allow households to upsize or downsize their living situation based on their current stage in life. 34 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Vacant and underutilized land also make up a large portion (almost 10%) of the Plan Area. Underutilized land includes parcels that are partially vacant, comprised primarily of surface parking lots, have vacant buildings, or where existing buildings are aging and/or lower density than what is allowed on the site. These vacant and underutilized parcels detract from the pedestrian experience, lead to inactivity and blight, and engender further disinvestment. Missing Middle Housing Missing Middle Housing consists of multi- unit housing that is similar in form, scale, and character to detached single-family homes. These building types, such as duplexes, fourplexes and bungalow courts, provide diverse housing options to support walkable communities, locally-serving retail, and public transportation options. They are termed “Missing” because they have typically been illegal to build since the mid-1940s and “Middle” because they sit in the middle of a spectrum between detached single-family homes and mid-rise to high-rise apartment buildings. Source: missingmiddlehousing.com CHAPTER 3: Land Use & Urban Design 35 Urban Form and Character The primary urban form and character of the Plan Area is defined and described below by category. Additional details and diagrams on existing land use and urban form characteristics of the Plan Area can be found in Appendix A: Central Southeast Specific Plan Existing Conditions Report (2018). Neighborhoods and Housing CSE Fresno is organized into quarter-mile sections (½ mile by ½ mile squares) by its primary north- south and east-west streets. Within these quadrants, land-use patterns are generally single- use, including mostly traditional single-family neighborhoods and small concentrations of multi-family housing interspersed with civic and community facilities. Block structure, streetscape, and building setbacks are quite consistent throughout these neighborhoods, providing environments generally conducive to pedestrian and bicycle movement by the completeness of the network, lower vehicular speeds, and presence of sidewalks and street trees in most areas. Many of CSE Fresno’s traditional neighborhood blocks are split in two by alleys, but the majority of alleys are underused, with automobile access being provided from the main fronting street. Thus, most of these alleys are abandoned, vacated, or fenced off, leading to concerns over safety, litter, and debris. By contrast to the traditional gridded neighborhoods, the more suburban and multi-family housing tracts in the Plan Area are characterized by larger blocks, limited points of access, and dead-end streets that limit connectivity. Most neighborhoods in CSE Fresno currently lack clear neighborhood-serving “centers” – that is, service or activity nodes within reasonable walking-distance from home (1/4-mile or a 5-minute walk) that can meet the daily needs of residents. However, numerous vacant and underutilized sites provide opportunities for mixed-use neighborhood centers to develop over time, such as the former Hanoian Shopping Center at Butler and Cedar Avenues. While most neighborhoods are within a half mile of a park or open space, most parks are in poor condition, lacking regular maintenance and programming, and residents have expressed concerns about park safety and pedestrian connectivity. Corridors Corridors are the local and regional connectors of neighborhoods and districts. Kings Canyon Road — formerly a State Highway — was once CSE Fresno’s major corridor connecting it to Downtown and the greater region. Unfortunately, the construction of the 180 Freeway replaced much of its original function, and CSE Fresno suffered as a result. While still the primary commercial corridor through CSE Fresno, Kings Canyon is lined predominantly by strip shopping centers with large surface parking areas and suffers from an uncomfortable, and often unsafe, pedestrian environment. The former UMC Hospital along Kings Canyon sits largely vacant, and is a significant opportunity site envisioned as a future holistic health and wellness center for CSE residents. Along Kings Canyon Road, Orange Avenue, and other key corridors in CSE Fresno, many public frontage elements are either in disrepair or entirely missing. These elements include street trees and landscaping, streetlights, comfortable and continuous sidewalks, street furnishings, and curbside parking, among others. These 36 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Public Frontages “Public Frontages” refer to the spaces between the travel lanes of public streets and frontages of private properties. The careful design of these spaces and the transition between the public frontage and the private land use, is what generally separates “successful” urban places from unsuccessful ones. commercial corridors can be improved by infilling vacant and abandoned parcels, renovating facades, and investing in high-quality, cohesive public realm improvements. Similarly, many of the other corridors in the CSE area were historically farm roads that evolved over time to meet the increased traffic demands, with little attention given to bike and pedestrian comfort, safety, and circulation, and active street-frontages that create a sense of place. At the scale of the city and the region, such streets are conceived of as “connectors” — but at the neighborhood scale they often act as “dividers” that separate neighborhoods from neighborhoods, and make it difficult for families, children, the elderly, and other pedestrians to walk to schools, parks, friends, shops and restaurants, and other local destinations. Districts The southern portion of the Plan Area adjacent to California Avenue and the San Joaquin Valley freight rail line contains an employment district characterized by heavy and light industrial uses. Most are warehousing, food processing, and trucking businesses, and include American Blues Trading, Kiwi Transport, Concept Coatings, Wawona Frozen Foods, and PDM Steel Service Center. Buildings are generally standalone warehouses and service buildings with large footprints, deep setbacks, and are surrounded by outdoor storage, surface parking, and fences. In addition, PG&E owns several large parcels on either side of Orange Avenue at California Avenue. These areas are envisioned to evolve into a higher intensity business park and light industrial/clean tech/R&D employment district that will expand job opportunities while buffering residential neighborhoods from heavier, nuisance-producing industrial facilities. The Internal Revenue Service (IRS) Processing Center at the corner of Butler and Willow Avenue also serves as a key employment district within the Plan Area. However, the IRS is in the process of moving out, which presents an opportunity for redevelopment. The community has expressed a strong desire to repurpose the IRS facility into a tech-education campus or center that could offset some of the lost jobs by providing new education and employment for residents. Lastly, the center of the Plan Area between Cedar and Butler Avenues contains the Fresno Fairgrounds which creates an entertainment district for two weeks each year. CHAPTER 3: Land Use & Urban Design 37 Figure 3-1. Existing Land Use Map 38 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 3.3 Issues and Opportunities While there are many challenges facing CSE Fresno from an urban design and placemaking perspective, there are also numerous “yet-to-be-realized” opportunities. With a strong vision, clear strategies, and well-organized, well-coordinated implementation efforts, CSE Fresno can evolve into the place envisioned by its many residents. The following summarizes some of the key issues and opportunities related to land use and design in the Plan Area. Issues • Lack of multimodal connectivity. Most major corridors in CSE Fresno have been designed to prioritize continuous vehicular movement, creating barriers that separate neighborhoods from neighborhoods, workers from jobs, students from schools, and pedestrians and cyclists from daily needs. These factors contribute to unsafe urban environments with high-speed vehicle traffic that discourages walking and cycling. • Inadequate services and amenities. Due to a limited mix of land uses in the area, most residents of CSE Fresno have poor access to neighborhood-serving amenities and services they need to meet their daily needs. These include grocery stores, healthcare facilities, employment centers, and public and community gathering spaces. • Blight. The numerous vacant and inactive parcels and properties in the Plan Area highlight conditions of physical and economic blight in the area. These conditions can cause further disinvestment and abandonment of properties, dissuading residents from attending areas and potential investors from conducting business in CSE Fresno. • Unsafe and unattractive alleyways. Many of the traditional neighborhoods in CSE Fresno have service alleyways that are unused or abandoned and have turned into places for illegal dumping, graffiti, stray dogs, and crime. • Limited housing choices. Housing options in CSE Fresno are very limited – with most residents either living in more expensive single-family homes, or in more-affordable (albeit isolated) suburban apartments, with very little in between. A lack of “missing middle housing” means there is limited mix of housing types and affordability levels, leading to low homeownership and high housing burden in the CSE Fresno, and in-turn, very limited reinvestment in private properties. CHAPTER 3: Land Use & Urban Design 39 • Unsafe and uninviting public realm. CSE Fresno currently lacks a coherent, interconnected public realm network, deterring bicycle and pedestrian activity. Most public streets are clearly auto- oriented at the expense of bicyclists and pedestrians, with inadequate bicycle facilities, minimal landscaping, street tree canopy, and street furnishings, and narrow or incomplete sidewalks – often immediately adjacent to high-speed travel lanes. Large blocks lacking in pedestrian connections detract from walkability and disconnect residents from their daily needs. Opportunities • Connections at all scales. Improving connections at all scales, from expanding transit to completing the bicycle and pedestrian networks and implementing streetscape improvements, is critical to the success of CSE Fresno. Focusing new patterns of mixed-use development along new and improved routes can facilitate the creation of amenity-rich neighborhood centers that provide residents access to workplaces, daily retail needs, and public spaces within a short walk from their homes. • Proximity to Downtown Fresno. Fresno’s new Bus Rapid Transit (BRT) has considerably improved transit access and frequency in CSE Fresno. The Plan Area’s connection to Downtown via the BRT presents an opportunity to attract people and businesses into the area, bringing investment that can transform the Ventura/Kings Canyon corridor into a higher density mixed-use center and regional tourist destination. • Vacant and underutilized sites. Vacant and underutilized lots along major corridors present opportunities to encourage development of missing activities, housing, and retail in the area. Large land uses like the Fresno Fairgrounds (approximately 70 acres) and its surrounding overflow parking lots are used only for a short time throughout the year and are otherwise underutilized. Similarly, the soon-to-be vacated Internal Revenue Service (IRS) facility will become a 48-acre parcel ready for its next use. These properties, along with many others throughout the area, present significant opportunities for redevelopment that can provide new jobs, business and educational facilities, and additional housing options. • Traditional neighborhoods. The walkable nature of CSE Fresno’s neighborhoods conveys significant potential for a vibrant and safe public realm. Frontage, streetscape, and intersection improvements in a well-connected network of streets and blocks, can provide a pedestrian- and bicycle-friendly environment that fosters connectivity between residential neighborhoods and mixed-use corridors, parks, schools, and workplaces. • Service Alleys. Repurposing and reactivating abandoned alleys could unlock significant value for the properties in these neighborhoods, provide additional affordable dwelling units, and improve overall quality of life. • Existing public facilities. Though there are numerous notable public facilities in CSE Fresno — the Fresno Fairgrounds, Mosqueda Community Center, Fresno Pacific University (FPU), and many public elementary, middle, and high schools— yet most of these facilities are disconnected from residents due to a lack of continuous and safe streets, pedestrian pathways, and bicycle facilities. A safe and walkable public realm, improved frontage conditions, and better programming to activate these public amenities, supported by strategic partnerships and programs, can improve access to and use of these vital resources. 40 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 3.4 Land Use Plan The proposed land use changes in the CSE Fresno Plan Area were produced through a collaborative planning process between the City, project team, Steering Committee, and community members, reflecting the overall vision for CSE Fresno and specific opportunity subareas. Figure 3-2 conveys the overall Land Use Plan for CSE Fresno, with just the specific parcels targeted for land use changes identified in Figure 3-3. It includes several proposed changes in the industrial areas just outside of the Plan Area that will be considered as part of the upcoming South Central Specific Plan Update. Consistent with the Fresno General Plan, parks, open space, and public facilities sometimes carry dual land use designations, as shown in Figure 3-4. These dual designations allow for alternative uses consistent with zoning and development standards to be approved if such facilities are not needed. Key elements of the proposed changes and Land Use Plan include: • Reclassification of some parcels to match uses on the ground today that are likely to remain for the foreseeable future • Higher intensity mixed-use infill along priority corridors and at key opportunity sites • Strengthened neighborhoods that provide a range of housing types • Office, clean tech, and other non-nuisance employment generating uses that provide a buffer between industrial facilities and nearby residential neighborhoods As CSE Fresno continues to evolve over time, this Land Use Plan should be reevaluated to support an expanding system of mixed-use corridors, consistent with the vision and land uses of the Downtown Neighborhoods Community Plan. Land Use Classifications Table 3-1 defines all the land use designations in the Plan Area, and are categorized by residential, mixed-use, employment, commercial, public facilities, and open space uses. These land use classification descriptions include allowable development intensities by designation, which are measured by dwelling units per acre (dua) for residential uses and floor area ratio (FAR) for non-residential uses. CHAPTER 3: Land Use & Urban Design 41 Table 3-1. General Plan Land Use Classifications General Plan Designation Density/ Intensity Description Residential - Low Density 1 - 3.5 dua Large lot residential development Residential - Medium Low Density 3.5 - 6 dua Single-family detached housing Residential - Medium Density 5 - 12 dua Intended for areas with predominantly single-family residential development, but permitted uses also accommodate a mix of housing types, including small-lot starter homes, zero-lotline developments, duplexes, and townhouses. Residential - Medium High Density 12 - 16 dua Mix of single-family residences and townhomes, garden apartments, and multi-family units intended to support a fine- grain, pedestrian scale. Residential – Urban Neighborhood 12 - 30 dua Multi-family residences, condos, and other multi-family units intended to support a pedestrian scale. Commercial - Community FAR 1.0 Commercial development that primarily serves local needs such as convenience shopping and small offices. Allowed uses include medium-scale retail, office, civic and entertainment uses, supermarkets, drug stores and supporting uses. Commercial - General FAR 2.0 Range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential adverse impacts on other uses. Allowed uses include building materials, storage facilities with active storefronts, equipment rental, wholesale businesses, and specialized retail not normally found in shopping centers. Strip malls fall into this designation. Employment - Office FAR 2.0 Administrative, financial, business, professional, medical, and public offices. Mainly intended to apply to existing office uses on smaller lots, generally located on arterial roadways. Retail uses limited to business services, food services, and convenience goods for those who work in the area. Mixed Use -Corridor Center 16 - 30 dua FAR 1.5 Horizontal and vertical mixed-use development in multiple story buildings along key circulation corridors where height and density can be easily accommodated. Primary uses are ground- floor retail and upper-floor residential or offices, with personal and business services and public and institutional space as supportive uses. 42 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN General Plan Designation Density/ Intensity Description Mixed-Use -Neighborhood 12 - 16 dua FAR 1.5 Requires a minimum of 50 percent residential uses and provides for mixed-use districts of local-serving, pedestrian-oriented commercial development, such as convenience shopping and professional offices in two- to three-story buildings. Development is expected to include ground-floor neighborhood retails uses and upper-level housing or offices, with a mix of small lot single family houses, townhomes, and multi-family dwelling units on side streets, in a horizontal or vertical mixed-use orientation. Built form is expected to be small-scale, pedestrian-oriented and walkable. Automobile-oriented uses are discouraged. Employment - Heavy Industrial FAR 1.5 Broad range of industrial uses including manufacturing, assembly, wholesaling, distribution, and storage activities. Small-scale commercial services and ancillary office uses are also permitted. Employment - Light Industrial FAR 1.5 Diverse range of light industrial uses, including limited manufacturing and processing, research and development, fabrication, utility equipment and service yards, wholesaling, warehousing, and distribution activities. Small-scale retail and ancillary office uses are also permitted. Open Space NA Intended for undeveloped park lands and permanent open spaces in the community, including environmentally-sensitive lands, waterways, and wetlands. May include trails and other low-impact public recreational uses, ponding basins, river- bottoms/riverbeds, and airport approach/clear zones. Park NA Intended to maintain areas for active and passive public parks and multi-purpose trails, including outdoor and indoor recreation such as playing fields, trails, playgrounds, community centers, and other appropriate recreational uses. The PR district may include ponding basins or airport approach/clear zones if developed for, programmed, and actively used as recreation fields. Public Facility NA Public or quasi-public facilities, including City facilities, utilities, schools, health services, corporation yards, utility stations, and similar uses. Accessory retail uses and services, including food facilities and childcare, are permitted. CHAPTER 3: Land Use & Urban Design 43 Figure 3-2. Land Use Plan Tulare St Belmont Ave H a z el w o o d B l v d Chestnut AveWillow AveCedar AveButler AveFirstSt Church Ave Jensen Av e Maple AveOrange AveKings Canyon RdVentura St Willow AvePeach AveCalifornia Ave Lane Ave Winery AveEast AveG old e n Sta te Blv d Central Southeast Fresno Specific Plan 0.25 0.50.125 Miles¯0 Legend CSESP Boundary Land Use Change Area Commercial - Community Commercial - General Employment - Office Mixed Use - Corridor Center Employment - Heavy Industrial Employment - Light Industrial Mixed-Use - Neighborhood Open Space Park Public Facility Railroad Residential - Low Density Residential - Medium Density Residential - Medium High Density Residential - Medium Low Density Residential - Urban Neighborhood Land Use Designations Proposed Land Use Changes Proposed Land Use Changes outside of Plan Area to be considered in the South Central Specific Plan FAIRGROUNDS IRS FACILITY 44 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 3-3. Proposed Land Use Changes CHAPTER 3: Land Use & Urban Design 45 Figure 3-4. Land Use Plan – General Plan Dual Designations 46 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Land Use and Urban Design Framework This section introduces opportunities for catalytic new development that will support the creation of a vibrant, livable, and prosperous CSE Fresno. The Land Use and Urban Design Framework Map, shown in Figure 3-5, organizes the Plan Area into distinct corridors, districts, and neighborhoods. The key corridors and districts highlighted represent areas of change, or “subareas,” where there is considerable vacant land and/or significant opportunities for redevelopment, rehabilitation, and public and private improvements that can catalyze positive change in CSE Fresno. These subareas (corridors and districts) and their associated strategies were derived from the “Big Ideas” described in Chapter 2 and articulate a vision for the future uses, character, and experience of each district or corridor in the Plan Area. Apart from these areas of change, the remainder of the Plan Area consists of existing residential neighborhoods – or areas of stability – where City- and community-led programs and incremental changes can improve neighborhood health, safety, and overall quality of life, as described in the Neighborhoods and Housing section. This framework is not intended to describe prioritization of change. Rather, this section serves as a reference guide for both catalytic and incremental changes – such that each new improvement, investment, or project (no matter how big or small), contributes to the intended healthy, active, vibrant, safe, and sustainable future of CSE Fresno. Subareas The subareas in CSE Fresno identified for comprehensive redevelopment include a set of three corridors and three districts. Though unified under a single vision for the entire Plan Area, each subarea possesses its own distinct identity, set of characteristics, and unique opportunity sites that will advance its transformation. Each subarea is defined and described in further detail below. Corridors 1. Kings Canyon Road. Transform Kings Canyon into an active mixed-use corridor. • 1A. Former UMC Hospital. Redevelop the former UMC Hospital Site into a holistic health and wellness center. • 1B. International Shopping and Entertainment Village. Evolve strip shopping centers such as Asian Village into mixed-use/entertainment centers that focus on ethnic food establishments and cultural shopping amenities. 2. Butler Avenue. Create a series of neighborhood centers along Butler Avenue. • 2A. Mosqueda Regional Cultural and Community Center. Build on the success of Mosqueda Center to expand this area into a hub for cultural activities, education, and recreation. • 2B. Hanoian Shopping Center. Redevelop Hanoian Shopping Center into a small mixed-use neighborhood center that will meet the daily needs of residents. 3. Orange Avenue. Evolve Orange Ave into a neighborhood “main street.” Districts 4. Fairgrounds. Activate and strengthen connections to the Fresno Fairgrounds as an important hub for community, cultural, and recreational activities. 5. IRS Processing Center. Redevelop the IRS site into an education campus and/or tech hub. 6. Employment District. Transform industrial areas into a business park/office/R&D district with clean/non-nuisance employment uses. CHAPTER 3: Land Use & Urban Design 47 Figure 3-5. Land Use and Urban Design Framework 48 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 3.5 Goals and Strategies Subareas This section provides place-specific goals and strategies for the subareas of CSE Fresno that are most likely to change in the future. 1. Kings Canyon Road LU-1. Transform Kings Canyon Road into a walkable and lively corridor with a diverse mix of retail, service, residential, cultural, and institutional uses that will attract both local residents and regional visitors. Opportunity: Historically the main highway coming through town, Kings Canyon Road remains CSE Fresno’s primary thoroughfare, connecting to Downtown to the west, and to major shopping centers to the east. Kings Canyon is a six-lane commercial corridor with high traffic volumes but is underperforming in its function as the “main” corridor of the area. Numerous factors contribute to this reality, including challenging market conditions for retail districts and an altogether deteriorated urban environment, characterized by a prominence of vacant/underutilized sites, mostly suburban development patterns, and a low-quality, incomplete pedestrian/public realm. However, there is ample potential for positive change. Along all urban corridors, the street is the thread running through and connecting a series of places, nodes, and centers. The City can leverage Kings Canyon’s new bus rapid transit (BRT) line and advantageous physical characteristics – including a wide right-of-way and proximity to institutions such as the Fresno Fairgrounds and former UMC Hospital – to transform the corridor into a key multimodal connector that provides access to a higher density mixed- use centers, serving as a regional tourist destination bringing people and activities from across the region to CSE Fresno. CHAPTER 3: Land Use & Urban Design 49 Strategies: LU-1.1. Redevelop and improve the UMC Hospital site (1A) and surrounding area to create a Health & Wellness Campus with supportive uses. The former UMC Hospital is a significant opportunity site on the Kings Canyon corridor. It lies at the intersection of Kings Canyon and Cedar Avenue and is primed for redevelopment. The City should work with the County and private sector partners to redevelop the vacant UMC hospital site through a master planning process. Future development plans should include a Wellness Center or Continuum of Care facility offering a range of medical, behavioral health, and social services to provide much needed healthcare services for residents. This could be spread out through the site in a campus-like fashion or it could be consolidated in one specific area allowing the remaining site to be developed with housing that will complement on-site healthcare and social services, such as senior and/or transitional housing. This housing component can incorporate a range of housing options that provide healthcare services at different levels and intensities, providing the full range of transitional housing for elders depending on their needs. In the near term, the large underutilized parking lots fronting Kings Canyon can be immediately activated through temporary events and uses that will enliven the street and support future redevelopment of the County Hospital (see Figure 3-6. UMC Hospital Parking Lot Transformations). This parking lot could become community gathering space that could host food trucks, farmer’s markets, pop-up shops, art festivals, performances, and other temporary events. See Strategy ED-1.6 in Chapter 6 for more details on how the City can allow and encourage temporary uses on vacant and underutilized sites. Opportunity sites in the former UMC Hospital. 50 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 3-6. UMC Hospital Parking Lot Transformations Underutilized parking lot on the south side of the UMS Hospital site has the opportunity to house temporary uses like a food truck park along the street intersection, streetscape improvements that include crosswalks, trees for shading, landscaping and formal on-street parking. Example of a possible food-truck park on the corner of the site creating an activity center along Kings Canyon Rd. Example of a shading structure and landscaping to spatially hold a small intersection corner and to screen the parking lot behind it. Example of crosswalk improvements to provide better connections for pedestrians along the site. An engaging shade structure on the other side of the street provides weather protection. CHAPTER 3: Land Use & Urban Design 51 LU-1.2. Transform the large strip shopping centers along Kings Canyon Road between Chestnut and Willow Avenues into active, mixed-use regional destinations for international cuisine, cultural shopping establishments, and entertainment. (Site 1B on Framework Map) Between Chestnut and Willow Avenues, Kings Canyon Road is flanked on both sides by a nearly a ½ mile stretch of suburban shopping centers (see Figure 3-7). This area encompasses large surface parking lots with underperforming and aging retail buildings that form long superblocks and create an unwalkable environment. As retail economics continue to evolve in the coming years, opportunities may arise for significant infill development along these blocks. Through economic incentives and investments in frontage improvements, the City can facilitate the creation of mixed-use regional centers that transform large strip shopping centers – like Asian Village – around the notion of an International Food Boulevard experience, concentrating international and cultural shopping and restaurant amenities that will both serve local residents and attract regional patrons. The City should establish Ventura-Kings Canyon Design Guidelines that promote mixed-use infill along Kings Canyon Road with active ground-floor uses and engaging pedestrian-oriented frontages. Large underutilized blocks and/or surface parking lots in commercial centers can be subdivided to create new street connections, pedestrian and bike pathways, and public spaces/ plazas, better accommodating infill development of new mixed-use buildings, retail, and multifamily housing. Figure 3-8 illustrates an example of infill development around “big box” commercial centers. The City could also coordinate and support public and private investment efforts along this stretch of Kings Canyon, providing economic incentives to encourage local businesses to rehabilitate and improve building frontages. See Strategy LU-1.4 and ED-1.8 in Chapter 6 for additional recommendations on developing a Facade Improvement and Beautification Program in CSE Fresno. 52 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 3-7. Mixed-use opportunity areas along Kings Canyon Road Figure 3-8. Example of Infill Development of a “Big Box” Retail Site Retrofit and infill development of a typical “Big Box” commercial site (DPZ CoDesign) Typical “Big Box” commercial buildings in a corridor (DPZ CoDesign) Infill opportunity at Pilibos Soccer ParkMixed use opportunity area along Kings Canyon Rd CHAPTER 3: Land Use & Urban Design 53 LU-1.3. Develop and implement a cohesive Streetscape Amenity and Wayfinding Palette for the Kings Canyon corridor focused on placemaking, identity, and branding of the corridor. Kings Canyon Road presents a significant opportunity to improve the street character in a way that reflects and celebrates the unique character of CSE Fresno. Cohesive and coordinated streetscape furnishings, lighting, signage, and wayfinding elements can help reinforce a sense of identity, branding the corridor as a multicultural shopping and entertainment destination. For example, public art and unique multicultural elements could be integrated into public spaces, street furnishings, and paving. To achieve this, the City should develop and implement a cohesive Streetscape Amenity and Wayfinding Palette for Kings Canyon focused on placemaking and branding of the corridor. This strategy is part of the larger recommendation to develop a distinctive brand for CSE Fresno, as described in Strategy ED-1.7 in Chapter 6. Additional design and street reconfiguration recommendations for Kings Canyon Road are described in more detail in Chapter 4. Transportation, Public Realm, and Infrastructure. LU-1.4. Incentivize frontage improvements to renovate aging and vacant commercial buildings, attract new businesses, and strengthen existing ones. Along most of the corridor, Kings Canyon Road supports a suburban land use pattern characterized by abundant surface parking that separates the street from the surrounding buildings that frame it. On small stretches of the corridor where existing buildings do front the street, their frontages are generally dilapidated and uninviting. The City should encourage property owners to improve building frontages and facades by establishing a frontage and facade revolving loan fund for property owners. Revitalizing storefronts through simple improvements such as repairs, new paint, and attractive signage can create positive visual change in the neighborhood and improve economic vitality. The City, property owners, and local businesses could also consider establishing a Kings Canyon Corridor Improvements District (or similar organization) to help coordinate and implement such improvements. This strategy is part of a larger recommendation to develop a Facade Improvement and Beautification Program for CSE Fresno, as detailed in Strategy ED-1.8 of Chapter 6. New BRT Station on Kings Canyon Rd.Commercial signage examples along a corridor 54 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 3-9. Kings Canyon Existing and Proposed Street Section Figure 3-10. Transformations along Kings Canyon Road Kings Canyon final state will provide wide shaded sidewalks with landscaping, cohesive street furnishings, a buffered biking lane and a landscaped median. The bike lane could also potentially become fully protected, as shown. This multimodal corridor will also contain a mix of uses. Existing retail along Kings Canyon suffers from a car-oriented design. Sidewalks have no buffer or landscaping between the pedestrian and the fast-moving car. Further lack of tree-shading, and engaging storefronts dissuades people from walking to businesses, causing infrequent buyers even on main avenues. See Chapter 4, Figure 4-7 for more information on how to incrementally improve the Kings Canyon corridor streetscape. Incremental transformation of Kings Canyon showing a new landscaped median, buffered bike lanes and facade improvements to existing buildings. CHAPTER 3: Land Use & Urban Design 55 Figure 3-9. Kings Canyon Existing and Proposed Street Section Figure 3-10. Transformations along Kings Canyon Road Current conditions of Kings Canyon show narrow sidewalks without landscaping, multiple vacant lots, and building frontages that do not engage and activate the street. The first step in the transformation of Kings Canyon should involve streetscape improvements that provide an inviting public realm, such as: restriping lanes to add on-street parking with bulb-out planters to shade the sidewalk and adding a buffered bike lane. Now, Kings Canyon will provide a multimodal environment. As resources become available, the City should implement a cohesive streetscape palette and facade improvements program to beautify the public realm and building frontages Further temporary and tactical interventions, such as outdoor seating on parking lanes, can occur to activate retail. 56 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 2. Butler Avenue LU-2. Build on existing institutions and opportunity sites along Butler Avenue, particularly near Maple Avenue, to create a series of central neighborhood- supporting hubs for daily retail and service needs, cultural activities, education, and recreation. Opportunity: Along Butler Avenue, particularly at its intersections with Cedar and Maple Avenues, a number of vacant and underutilized sites present opportunities for community-oriented mixed-use development. These sites are central to the Plan Area and are located within walking distance of the surrounding traditional neighborhoods. In particular, the community envisions the Mosqueda Center – located at the intersection of Butler and Maple Avenues – as a key hub for recreational and social activities. The Mosqueda Center and Fresno Fairgrounds lend this area a strong civic use component. New mixed-use infill development on nearby vacant parcels can build on these community anchors. Such development has the potential to reduce automobile trips by providing shops, healthy food options, basic services, and new neighborhood gathering spaces within a short walking distance of housing. This mix of public amenities, commercial and service centers, jobs, and housing can create a significant neighborhood center at the heart of the community. Key Sites along Butler Avenue CHAPTER 3: Land Use & Urban Design 57 Strategies: LU-2.1. Transform Mosqueda Center into a Regional Community Center by expanding facilities and constructing a new youth, senior, and/or cultural center extension on surrounding vacant parcels. The Mosqueda Center is a highly valued community resource with potential to grow and satisfy a larger area with further investment and improvements. The vacant lots to the west and south of the Mosqueda Center can easily accommodate new expansion, featuring additional event spaces, classrooms, outdoor recreational programming, youth services, social services, classes, and cultural events. Some of these programming options can be coordinated in cooperation with local non-profits. The City should develop an expansion plan for the Mosqueda Center that identifies funding sources, phases of the development, and partner agencies and organizations. LU-2.2. Promote retail and multifamily infill housing development on vacant parcels surrounding Mosqueda Center to further activate the area. Mixed-use infill in this area presents an opportunity to create a neighborhood center building on and supported by key community recreation and social activity hubs – Fresno Fairgrounds and Mosqueda Center. This area would serve as a convenient location for multigenerational and senior housing, as the nearby Mosqueda Center provides senior services. Furthermore, the previous theater site and its parking lot on Butler Avenue can be consolidated and adaptively reused. These efforts should be supported by streetscape improvements that enhance walkability. The City should ensure that future development of these large parcels creates new street connections through over-sized blocks. Pedestrian and bicycle connections are of high importance due to the numerous nearby public facilities. New buildings should front major avenues in order to provide an active street frontage and “eyes on the street.” While development should be concentrated at the intersection of Butler and Maple Avenues, smaller neighborhood parks and open spaces in the interior vacant parcels pose the potential for a multi-functional community space. Figure 3-11 shows a conceptual plan for the vacant parcels north of the Mosqueda Center. For more detailed information on parks and recommended improvements to Mosqueda Center, see Chapter 5. Parks and Open Space, specifically P-1.1. Potential Mosqueda Center activities 58 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 3-11. Conceptual Plan for Redevelopment of Vacant Site North of Mosqueda Center The inactive theater and parking lot could be activated with tactical uses such as movie screenings (below). Community movie screening. Photo Credit: Film L.A. CHAPTER 3: Land Use & Urban Design 59 LU-2.3. Create a new mixed-use neighborhood node around the vacant Hanoian Shopping Center to ensure that residents can meet their daily needs within a comfortable walking distance. The Hanoian supermarket structure at Butler and Cedar Avenues (the property owner is currently awaiting a grant for remediation) can be feasibly repurposed as a new mixed-use neighborhood center within walking distance of many residents. The existing building already houses basic neighborhood services, such as a laundromat and a dry cleaner. Potential future development on this site can include amenities and uses such as a small grocery store, makerspaces, market, community garden, office space for local nonprofits, and/or housing. In the short term, temporary tactical uses around the existing structure can provide near-term activation of the site. The existing taco truck and shelter at the corner of Butler and Cedar Avenues exemplify such a strategy and should be supported. For example, a temporary tree farm could be established on the empty lot east of the building. The tree farm could be founded on a joint agreement with Public Works and Tree Fresno to use the trees for future landscaping on streets in the Plan Area. The area where the trees are growing could be utilized as a community gathering space for events. The City should work with the property owner and Every Neighborhood Partnership to promote temporary uses. Existing Hanoian’s structure and parking lot could host a makerspace for artists / entrepreneurs (right). Photo credit: Rick Ele Makerspace. Photo credit: FabHub Transformation of a vacant lot in Buffalo, NY into a community garden. Photo credit: Landscape Architecture Magazine Small neighborhood retail center 60 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 3. Orange Avenue LU-3. Intensify, activate, and beautify Orange Avenue, building on its existing character to strengthen its identity and appeal. Opportunity: While most commercial uses in CSE Fresno are located along Kings Canyon Road, Orange Avenue contains a cluster of commercial activity around and to the south of Butler Avenue. Orange Avenue is located near Downtown Fresno and connects to Ventura Avenue (the continuation of Kings Canyon Road) to the north and to industrial, office, and other commercial uses to the south. Currently, most non-residential buildings in the area are set back from the street behind parking lots, creating an unfriendly pedestrian environment. The avenue has recently been equipped with incomplete Class II bike lanes that should be completed to ensure safe multimodal travel. Throughout the planning process, the community expressed concerns about noise and safety impacts of existing recycling centers and other light industrial properties along the corridor. As these uses are phased out and replaced by new mixed-use development, Orange Avenue can evolve into a charming neighborhood main street. The relationship between buildings of varying uses and the streetscape must be well calibrated along Orange Avenue in order to create a continuous, cohesive, and active street environment. These efforts should be combined with traffic calming measures and improved connectivity with surrounding areas to enhance the pedestrian experience. Both public and private investments are required to support this transformation. Lots along S Orange Ave correlating to photo transformations on the following pages. CHAPTER 3: Land Use & Urban Design 61 Strategies: LU-3.1. Implement coordinated streetscape and frontage enhancements along Orange Avenue to revitalize and activate the public realm. Orange Avenue is envisioned to become an active and pedestrian-friendly corridor that supports walkability and incentivizes retail and other neighborhood-serving uses. To enliven the street environment, business owners should improve building facades and use their frontages as extensions of the sidewalk, dedicating them as spaces for outdoor dining or merchandising by applying for an outdoor dining permit or an encroachment agreement. (See Figure 3-13. Fresno Super Market. Fresno Supermarket as an example). Improvements to multimodal infrastructure are also needed to enhance safety and activate the public realm. The City should work to implement coordinated streetscape improvements through the development of a routine maintenance policy to create a safer and more pedestrian- friendly environment. The improvements to be considered in the policy would include wider sidewalks, corner bulb-outs, and cohesive landscaping and street trees (See Figure 3-13, Figure 3-13. Fresno Super Market, and Figure 3-15 as examples). The addition of on-street parking with broad street trees in planters can create a buffer between pedestrians and moving vehicles, increasing pedestrian comfort and safety. Additional design and street reconfiguration recommendations for Orange Avenue are described in more detail in Chapter 4. Transportation, Public Realm, and Infrastructure (Strategies T-1.1 and T-4.2). Frontage improvements along Orange Avenue can be incentivized through a Facade Improvement and Beautification Program, as outlined in Strategy ED-1.8 in Chapter 6. Figure 3-12. Streetscape Improvements along Orange Avenue 62 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 3-13. Fresno Super Market The Existing Fresno Super Market does not provide an active front towards the street, as it is mostly a large blank wall. In addition, narrow sidewalks, an underutilized side parking lot, and a lack of pedestrian and bicycle facilities create an uninviting experience for all people not traveling by car. As resources become available, permanent streetscape improvements should include bulb-outs that extend the sidewalk in front of the supermarket as well as pedestrian and bicycle facilities and mature trees for shading. The super market can then utilize the extended sidewalk for permanent outdoor furniture installations creating a proper commercial front. Initial streetscape improvements on Orange Ave can be of a more temporary nature. These should include restriping and interim landscaping. Meanwhile, the market can provide a more prominent entrance from the street to improve its street presence. The parking lot next door can be used as an opportunity to create shaded outdoor seating arrangements for customers. CHAPTER 3: Land Use & Urban Design 63 Figure 3-14. Idea Works Central Southeast This site currently does not activate the street, but minor private frontage improvements could transform it into an inviting commercial building. Potential improvements include facade upgrades, signage, and outdoor seating. The public frontage improvements include buffered bike lanes, painted crosswalks, wider sidewalks with on street parking, bulb-outs, and trees for shading. 64 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN LU-3.2. Facilitate the adaptive reuse of vacant and underutilized sites along Orange Avenue to provide new neighborhood assets. Orange Avenue contains several parking lots, underutilized buildings, and vacant sites that can be adaptively reused to provide amenities for nearby residents. The City should prioritize the approval of permits for uses that directly support the community’s vision for a healthy and thriving neighborhood, such as outdoor food sales and seating, makerspaces, and public plazas (see Figure 3-16 and Figure 3-17). In the short-term, this could be achieved by converting on- street parking spaces into parklets and underutilized parking lots or vacant lots into temporary public spaces with programming that would allow people to gather and socialize (e.g. movie nights or musical performances). Examples of these temporary “pavement-to-parks” type improvements include parklets and temporary plazas with seating, planting, bicycle parking, lights, and art, among other amenities, which are typically constructed from inexpensive or salvaged materials and through volunteer labor with little public assistance. A first step could be to identify potential sponsors and resources for the implementation of pavement-to-parks improvements and then construct a pilot project along Orange Avenue, which could be used to inform the location, design, programming of a more permanent public space along the corridor (see Strategy LU-3.3). See Strategy ED-1.6 in Chapter 7 for more details on how the City can allow and encourage temporary uses on vacant and underutilized sites. For additional details on supporting adaptive reuse of buildings, see Strategy ED-1.2. Figure 3-15. Fresno Recycling - Site 2 This recycling facility transformation highlights streetscape improvements, including a buffered bike lane and on street parking, as well as better landscaping. The parking lot could be activated with a corner café and seating, turning it into a small activity center. CHAPTER 3: Land Use & Urban Design 65 Underutilized parking lots at key intersections provide an opportunity for temporary uses and future development. The intersection of Butler and Orange Ave would benefit from landscaping and sidewalk improvements. A restaurant on the corner could create a more formal outdoor seating space to attract customers while the large surface parking lot could host temporary uses like food trucks to activate the corner. Figure 3-16. Tactical Uses Along Orange Avenue LU-3.3. Construct a public open space along Orange Avenue that can be used for community gathering and events. The City should facilitate the construction of a public park or plaza along the corridor. The plaza could be a place for community events such as movie nights or musical performances. This venue can become a community-building asset for the surrounding neighborhoods, and it can be carved out of an underutilized surface parking lot at an intersection to provide it greater exposure (See Figure 3-16 for an example). LU-4.4. Work with property owners to minimize negative impacts from recycling and traffic- generating uses near homes. Throughout the planning process, the community expressed concerns about noise and safety impacts of existing recycling centers and other light industrial properties along the corridor. The City should work with property owners to minimize the negative impacts from recycling and traffic-generating uses by incentivizing the installation of screens, landscaping, and other buffers to reduce noise and visual impacts and by working with the City Councilmember’s office to create a retrofit program. See Strategies PH-4.1 and PH-4.2 for additional recommendations on how to ensure compatible uses and protections for residential neighborhoods. 66 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN The Big Fresno Fair. Photo Credit: fresnofair.com 4. Fresno Fairgrounds LU-4. Activate and integrate the Fairgrounds into the existing fabric of the community. Opportunity: The Fresno Fairgrounds, located near the heart of the Plan Area, receives more than 1.7 million annual visitors and generates over $68.8 million in revenue for the County (Fresnofair.com). Despite the Fairgrounds’ own internal success, CSE Fresno’s limited retail and recreational offerings provide little reason for patrons of the Fairgrounds to spend time or money in the rest of the community. For security reasons, the perimeter of the Fairgrounds is largely walled off and inaccessible to the public. Due to the large demand for conveniently located parking to support fairgoers, the Fresno Fair also buys and leases many large sites in the area that are mostly underutilized for the remainder of the year. These factors adversely impact the surrounding neighborhoods and perimeter streets — such as Butler Avenue, Maple Avenue, and the Kings Canyon corridor — as they impede efforts to activate the public realm. Coordinated development and infrastructure improvements should be prioritized to ensure that the Fairgrounds becomes an anchor that supports the CSE community. Strategies: LU-4.1. Activate the Fairgrounds entrance by constructing a neighborhood-facing public plaza and allowing temporary events and uses on the Chance Ave parking lot. The Fairgrounds entrance is located within a residential neighborhood, and is generally nondescript with a large surface parking lot sitting opposite it. To better connect the Fairgrounds with the existing fabric of the neighborhood, a neighborhood-facing public plaza could be constructed at the Fairgrounds entrance on Chance Avenue, creating a stronger presence and CHAPTER 3: Land Use & Urban Design 67 The existing facade wall is a playful way for the Fairgrounds to meet Kings Canyon Road, but it lack active uses. Big Fresno Fair. Photo credit: Sami Yousif community amenity for nearby residents. To further activate the area, the large parking lot at the intersection of Lane and Chance Avenues could be used for temporary/special events such as a weekly farmers market, artisans’ market, and other smaller festivals. The City should work with the Fresno Fair and the County of Fresno to develop a strategy to create the plaza, and work with local community organizations to program the plaza. LU-4.2. Construct active liner spaces such as shops, kiosks, and cafes along the perimeter of the Fairgrounds, particularly the Kings Canyon and Butler street frontages. To create a more engaging frontages along the Kings Canyon and Butler Avenue perimeters, the City should work with the Fresno Fair to construct active liner spaces such as kiosks, pop-up shops, and cafes that support incubators/small retailers and mobile vendors. As these corridors grow and develop into more active mixed-use corridors these temporary spaces could evolve into permanent retail buildings that provide continuous active frontages. LU-4.3. Activate underutilized overflow parking lots around the Fairgrounds for recreational sports and other temporary events and uses. The City should pursue and facilitate joint-use agreements with the Fresno Fair to allow for and program temporary use of its underutilized overflow parking lots for recreational sports fields, temporary venues for special events, and other activities that have been requested by the community to expand its services for the Area. The City should work with community organizations such as Every Neighborhood Partnership and Neighborhood Church to help program the events. One example of such a use could be a temporary street-tree nursery (for later use in CSE Fresno once matured to the point of being ready to plant), where potted saplings could even be arranged to help organize parking bays on these sites. See Strategy P-1.5 in Chapter 5 and Strategy ED-1.6 in Chapter 6 for related recommendations on how to better utilize the Fairgrounds’ overflow parking lots. 68 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN LU-4.4. Work with the Fresno Fair to publicize and lease existing/new event spaces to CSE Fresno residents and businesses at no or low cost. There is strong community desire for additional large gathering spaces that can be rented affordably for social gatherings. The Fairgrounds contains several such facilities that are empty most of the year and could satisfy the community’s need. The City could work with the Fresno Fair to evaluate the potential of utilizing the Fairgrounds for additional community activities. If the Fairgrounds are found to be suitable the City could work with the Fresno Fair to promote and facilitate use of these spaces, leasing them to local residents and businesses at low or no cost. LU-4.5. Develop a local marketing campaign to better publicize and promote year-round events at the Fairgrounds. The Fairgrounds hosts many year-round events in addition to the Big Fresno Fair, yet these events are not widely known or attended by the local community. The City should work with the Fresno Fair to develop a local marketing campaign to publicize and promote year-round events, and to curate events specific to the needs of CSE Fresno. This could include working with local community organizations and businesses to publicize events, taking out ads on local radio stations, advertising via social media, posting flyers at schools and community centers, and/or donating tickets. CHAPTER 3: Land Use & Urban Design 69 Temporary activation of a vacant lot. Photo credit: CarrieGartner.com 70 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 5. IRS Facility LU-5. Redevelop the former IRS facility site as a technology-centered employment and education campus that can provide training, jobs, and residences for workers and students. Opportunity: Located at the corner of Butler and Willow Avenues, the 48-acre Internal Revenue Service (IRS) Processing Center facility is primed for redevelopment due to its size, vacant status, and proximity to several amenities including parks, schools, retail, and the new BRT line along Ventura/Kings Canyon Road. Throughout the planning process, the community conveyed a strong desire to repurpose this technologically-equipped series of buildings into a tech-education campus or center that could offset some of the lost jobs by providing new education and employment for residents of CSE Fresno. When redeveloped, this site should utilize more strategic and spatially efficient parking solutions in order to better utilize this large area of land. New mixed-use buildings can provide affordable student and teacher housing and commercial services supporting the new education campus. Though the site is the size of 10 traditional neighborhood blocks, it has no through streets. In the future, multiple streets should cross through the site – new north-south connections must link Butler Avenue to Lane Avenue, especially to the west in order to reconnect Willow Avenue. East-west streets should connect to adjacent neighborhoods, fostering connectivity in the area. This aerial view illustrates one way to accomplish LU-5 (redevelopment of the former IRS site). In this example, the IRS facility and parking lots are converted into a technology,employment, and education campus. The western remaining portion of the IRS structure could accommodate parking for the new institutional buildings, using efficient parking technology. Elsewhere on the site, new streets connecting to the existing neighborhood fabric can create traditional neighborhood blocks to accommodate new residential and supportive commercial development around this new center of employment and activity. A bike lane lined with trees would align with Willow Avenue, while north- south vehicular traffic would be deflected around gateway open spaces and into the campus. Further details are provide in LU-5. Figure 3-18. Conceptual Improvements to the IRS Facility Site This aerial view illustrates one way to accomplish LU-5 (redevelopment of the former IRS site). In this example, the IRS facility and parking lots are converted into a technology,employment, and education campus. The westmost remaining portion of the IRS structure could house a critical mass of parking for the new institutional buildings, using efficient parking technology. Elsewhere on the site, new streets connecting to the existing neighborhood fabric can create traditional neighborhood blocks to accommodate new residential and supportive commercial development around this new center of em- ployment and activity. A bike lane lined with trees would align with Willow Avenue, while north-south vehicular traffic would be deflected around gateway open spaces and into the campus. Further details CHAPTER 3: Land Use & Urban Design 71 Figure 3-18. Conceptual Improvements to the IRS Facility Site This aerial view illustrates one way to accomplish LU-5 (redevelopment of the former IRS site). In this example, the IRS facility and parking lots are converted into a technology,employment, and education campus. The westmost remaining portion of the IRS structure could house a critical mass of parking for the new institutional buildings, using efficient parking technology. Elsewhere on the site, new streets connecting to the existing neighborhood fabric can create traditional neighborhood blocks to accommodate new residential and supportive commercial development around this new center of em- ployment and activity. A bike lane lined with trees would align with Willow Avenue, while north-south vehicular traffic would be deflected around gateway open spaces and into the campus. Further details Strategies: LU-5.1. Facilitate the redevelopment of the former IRS facility as a technology and/or education campus. The City should work with property owners over time to redevelop the former IRS facility into a high-tech employment and education campus with a mix of high-tech offices, education, public uses, and supportive retail. To complement and support education, employment, and commercial uses, new affordable workforce or student housing can be developed or contained within new public buildings. Additionally, other residential unit types can be developed along new neighborhood streets and along Butler and Lane Avenues, providing a natural transition to adjacent neighborhoods. As a first step, the City should establish an exploratory working group to identify potential users, funding opportunities, and partners to redevelop the site. This group should include local educational entities, tech firms, trade representatives, government agency representatives, community representatives, and multi-family housing developers. LU-5.2. Enhance connections to and from the IRS site and surrounding neighborhoods, transit, and commercial centers. Future development should subdivide the IRS site into smaller, more walkable blocks with new street connections and pedestrian/bicycle pathways that will improve access to and from surrounding neighborhoods. The City should require the developer of this site to submit a master plan that meets the subdivision requirements of Article 41 in the Citywide Development Code. This involves at least two north-south connections through the site, from Lane Avenue to Butler Avenue, and the possibility of east-west connections to the adjacent residential neighborhoods. Figure 3-18. Conceptual Improvements to the IRS Facility Site depicts a 3-dimensional massing for one possible scenario for subdividing this land and adaptively reusing the IRS facility. See Strategy T-2.1 in Chapter 4 for additional recommendations for creating new roadway and bicycle/pedestrian connections in the Plan Area. Office campus Tech Education Center. Photo credit: College of DuPage 72 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 6. Employment District LU-6. Promote office and clean/non-nuisance employment uses while ensuring compatibility and protections for residential neighborhoods. Opportunity: Throughout the planning process, the community expressed concern about existing industrial uses and vacant lots south of California Avenue directly abutting residential neighborhoods. These properties should be consolidated and transformed into an office-oriented or mixed-use employment district that accommodates research facilities, offices, and tech firms supported by a walkable, transit-rich environment. This transition would provide more high-wage jobs and create a workplace for residents living in adjacent neighborhoods. Existing dead-end neighborhood streets to the north could then connect to California Avenue to enable multimodal access to jobs. CHAPTER 3: Land Use & Urban Design 73 Opportunity for a business park to transition between industrial properties and residential neighborhoods Strategies: LU-6.1. Actively market vacant and underutilized industrial land to potential office, R&D, and tech firm tenants. The City should work to expand R&D, business park, office, and other non-nuisance or non- polluting employment uses around California Avenue to provide local job opportunities and buffer residential neighborhoods from heavy industrial uses. This process should include identification and active marketing of vacant or underutilized land recommended for Office (see Figure 3-2. Land Use Plan) to potential tenants. The City could pursue grant funds to develop marketing sheets for each opportunity site that provide useful information to developers and businesses such as availability of suitable commercial and industrial buildings, ownership status, parcel size, existing uses and regulations for the site, known environmental issues, and infrastructure needs, and highlighting the area’s proximity to freight rail, transit, and major highway corridors. LU-6.2. Develop a target business attraction strategy for the employment district. While marketing is an important part of the strategy to transform this district, the City will also need to target and attract specific industries desired in the area. This could be achieved by developing a business attraction strategy, to include researching and developing a list of office, R&D, technology, and other clean/non-nuisance businesses that would be well suited to the district and community. Research should be focused on companies that have the potential for growth, expansion, and/or relocation. The City may also partner with the commercial brokerage community to connect business owners with new real estate opportunities, ensuring that commercial brokers are tied into the local economic development, community, and business networking groups. The City Councilmember’s office should consider developing an incentive program for businesses that locate in the California Avenue area similar to the City of Fresno’s 2018 Support Small Business Act. 74 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN LU-6.3. Analyze and modify existing regulations to reduce the negative impacts of commercial and industrial uses on nearby neighborhoods. Existing industrial uses in the southern part of the Plan Area produce air pollution, noise, and heavy truck traffic that can negatively impact the health and safety of nearby residents. The City should work with the businesses to analyze the effects of existing operations and identify potential solutions to minimize these negative externalities on adjacent residential areas. For example, incentivizing physical buffers, such as wide setbacks, extensive landscape areas, fencing, and noise barriers can help separate and protect existing homes from the negative impacts of rail and industrial uses. See Strategies PH-4.1 and PH-4.2 in Chapter 7. Quality of Life for additional information and strategies to address land use compatibility and health and safety protections for neighborhoods. Business park Office park with a walkable and pedestrian oriented approach to the street CHAPTER 3: Land Use & Urban Design 75 Neighborhoods and Housing Throughout the planning process, the community expressed a strong desire to strengthen residential neighborhoods by improving connections to parks, community centers, schools, and jobs, addressing public safety concerns, and improving housing affordability. These desires respond to very real issues in the community. Most residential neighborhoods in CSE Fresno consist of suburban housing types that lack diversity and cannot accommodate households at different stages of life. Further complicating matters are deteriorating properties, unregulated building additions, neglected streetscapes, and abandoned alleys that have created public safety issues. Neighborhood streets, meanwhile, lack human scale and provide few, if any, spaces for gathering and enjoyment. Consequently, this Plan establishes goals and strategies to preserve and strengthen existing neighborhoods, while providing a diversity of housing that accommodates a broad range of household sizes, stages of life, and income levels. 76 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN LU-7. Pursue policies and programs that support housing stability and mitigate displacement. LU-7.1. Develop pilot programs to minimize displacement. The City should coordinate with the Fresno Anti-Displacement Task Force and launch a pilot project to explore and test anti-displacement programs in the community. If successful, these policies could be implemented city-wide. This will help minimize displacement of current residents. LU-7.2. Construct temporary housing options in CSE Fresno (e.g. Tiny Home communities) for homeless residents or others in need of transitional housing. The City should work with Fresno Housing as well as other partner agencies and community- based organizations to create temporary housing options in CSE Fresno (e.g., Tiny Home communities) for homeless residents or others in need of transitional housing. This might include conducting studies to find suitable sites and pursuing funding to build temporary housing in the area. LU-7.3. Preserve existing low-cost housing. The City should provide financial incentives to preserve existing low-cost housing. This process could include creating an affordable housing fund that can be used to acquire affordable housing developments at risk of conversion and supporting upgrades to existing affordable housing. LU-7.4. Expand homeownership programs and improve access to existing programs offered by the City. The City should develop programs to increase homeownership rates in order to provide greater neighborhood stability. Some of these programs may include: working with local banks to promote rent-to-buy policies or programs; developing “opportunity to purchase” legislation requiring owners to notify tenants of intent to sell, and providing an opportunity to purchase; and creating low-income housing funds to purchase, rehabilitate, and then sell homes to qualifying families. CHAPTER 3: Land Use & Urban Design 77 Senior Citizens Village in CSE Fresno CSE Fresno residential neighborhood Multi-family housing Townhomes Tiny home 78 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Neighborhood retail node with housing behind LU-8. Improve the safety, quality, and condition of housing structures and the neighborhoods they inhabit. LU-8.1. Provide property owners with information, resources, and funding to address code violations and health issues in buildings. In existing residential neighborhoods, there are illegal units, additions, and modifications to buildings that lack proper permitting. Similarly, some properties are in a state of disrepair that violates building codes and poses a threat to health and safety. The City should conduct proactive code enforcement audits and work with property owners to address code violations and health issues in buildings, such as pests and mold, that compromise the health of residents. As part of this strategy, the City should work with additional agencies and organizations, such as Fresno Housing, Self-Help Federal Credit Union, and Habitat for Humanity, to create a fund to help homeowners pay for renovations, repairs, and upgrades. City communication channels such as websites, newsletters, and other venues can be used to educate landlords and residents on existing programs and resources, such as the County’s Lead Hazard Control Program, which educates residents on lead-based paint risks and precautions and provides financial assistance to fix lead hazards in homes. See Strategy PS-2.1 in Chapter 7 for additional recommendations related to maintenance and code enforcement efforts to improve health and safety. LU-8.2. Continue to implement and support rental housing registration and inspection. The City should continue to implement its rental housing registration and inspection program and work to certify residential rental units, single-room occupancy hotels (SROs), and boarding homes in CSE Fresno. This might include partnering with the Independent Living Association for certification and educating landlords and tenants on rights and responsibilities. Housing in need of repair in CSE Fresno CHAPTER 3: Land Use & Urban Design 79 LU-8.3. Develop an Alley Improvement Program to help residents repurpose or transform alleyways into active and safe spaces. The City should develop an Alley Improvement Program, in partnership with community organizations and leaders currently working on these efforts, to address safety and blight issues in alleys and help residents repurpose or transform alleys into active and inviting spaces. This program could include resources, tools, and guidelines to: • Physically improve alleys by repaving, adding lighting, and installing security cameras, in coordination with Public Works. • Reopen and use alleys for rear-access, services, and deliveries and to facilitate use of alleys for new affordable Accessory Dwelling Units (see Strategy LU-9.3). • Privatize or vacate alleys where all adjacent residents would prefer to close off the alleyway entirely (including moving fences and property lines). • Create green alleys for stormwater retention and treatment, and transform alleys into community gardens. • Convert alleys into linear parks or greenways. Green residential alley rendering. Photo credit: SALT-la.com Residential alley transformation. Photo credit: SALT-la.com Existing residential alley in CSE Fresno. Photo credit: ABC30 Fresno 80 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Residential Neighborhood Improvements The strategies in this section respond to the community’s desire to preserve and strengthen the character of the single-family neighborhoods, using planning methods which enhance neighborhood streets, improve connections to services, jobs, and daily needs, and provide a diverse range of housing options for residents of CSE Fresno. The series of vignettes below illustrate how these strategies could work in tandem to accomplish this vision. Neighborhood Lanes and Infill Housing 1. Existing neighborhood fabric Many alleys in the Plan Area have either been abandoned or were never actually utilized at the time of development, where “front-loaded” suburban development types and patterns (with garages projecting in front of the house, and the front “yards” visually dominated by driveways and parked cars) were favored over the traditional types and patterns the platting was designed to receive. Not only have these patterns created degraded, unsafe conditions in the alleys themselves, they have left a tremendous amount of untapped value in neighborhoods. First, by reactivating the alleys—and taking advantage of their intended purpose as means of access to garages and accessory dwellings—the neighborhoods will be able to seamlessly intensify and provide new housing units. Accessory Dwelling Units (ADUs) are allowed by State Law, without additional parking requirements. In CSE Fresno, embracing these new units and facilitating their development will provide a new housing type to the area that can be more affordable for residents of different backgrounds and support residents as their housing needs change over time. As the neighborhoods develop and as resources become available, other traditional housing types that will require alley access should be developed. These developments should be incentivized on blighted properties and vacant parcels that create unsafe areas in neighborhoods. Alley reactivation and improvements will free up neighborhood streets, allowing them to provide continuous sidewalks and parkways, uninterrupted by driveway-cuts. This also creates significantly more on-street parking. Additionally, the houses themselves could convert their projecting (front) garages into habitable space, improving the overall neighborhood aesthetic, adding “eyes on the street,” and enlivening the public realm. Car-oriented neighborhood streets will then become outdoor rooms that are viewed as places to be enjoyed, not just traveled. This improved public realm will increase the overall property values within these neighborhoods and the area. CHAPTER 3: Land Use & Urban Design 81 4. Alley-loaded lots & pedestrian friendly frontages & streets 2. Additional dwelling units accessed from the alleys 3. Existing fabric with ADU’s and footprints of infill housing 82 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN LU-9. Expand housing supply to accommodate households of all sizes, stages of life, and income levels. LU-9.1. Encourage and support high-quality infill housing development in CSE Fresno. The City should encourage the redevelopment of blighted and vacant parcels with new high- quality multi-family or single-family housing that face and are accessed from the sidewalk. New multi-family and single-family buildings should be house-like in form and have engaging and attractive residential frontages. Incentives can include permit processing assistance, subsidized or deferred development application fees, and partnerships with financial institutions to provide financing for purchase and construction of projects of this kind. The City may want to explore implementing a Neighborhood Revitalization Zone (from the Citywide Development Code) throughout residential zones in the Plan Area, in order to promote “missing middle” housing infill types. Missing middle housing types – such as duplexes, fourplexes, and bungalow courts – are similar in form and character to single-family homes but provide greater variety of unit sizes and configurations to accommodate a broad range of household sizes and income levels. Potential locations for significant infill housing are outlined in the previous Subarea goals and strategies. LU-9.2. Facilitate the development of new income-restricted affordable housing, including senior, workforce, and student housing. To encourage the development of new income-restricted affordable housing, the City should provide a series of development incentives supporting projects of this kind. These incentives can include permitting and processing assistance, subsidized or deferred development application fees, and working with financial institutions on providing financing for purchase, construction, and rehabilitation of projects of this kind. Additionally, the City should aggressively pursue grants and new funding sources to support affordable housing development. The City should partner with Fresno Housing, Habitat for Humanity, and Self Help Enterprises to provide income-restricted housing as these organizations are currently the primary provider of affordable housing in Fresno. Potential locations for senior, workforce, and student housing include the former UMC hospital and IRS facility sites, as outlined previously in the Subarea goals and strategies. CHAPTER 3: Land Use & Urban Design 83 LU-9.3. Encourage and facilitate the building of backyard or alley ADUs in existing residential neighborhoods. Accessory dwelling units (ADUs) provide the opportunity to seamlessly and gently intensify neighborhoods. The addition of ADUs in the back of lots (or in converted “front garages”) would add to the overall housing stock and maintain affordable housing choices, while the overall property values within these neighborhoods could increase. The City should streamline the process of approving ADUs. One way to do this is to develop an ADU toolkit of pre- approved drawings and a kit of parts and architectural styles and materials for ADUs to maintain the character of existing single-family neighborhoods. In turn, these new units will bring activity and “eyes on the street” to alleys, converting them into inviting and safe “neighborhood lanes.” (See Strategy LU- 8.3 for additional strategies to improve alleyways.) ADU Cedar Heights affordable housing development in CSE Fresno. Photo credit: TFS Investments 84 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 4: Transportation, Public Realm, Infrastructure 85 transportation, ch. 44 public realm, & infrastructure Photo credit: NACTO 86 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 4: Transportation, Public Realm, Infrastructure 87 transportation, public realm, & infrastructure 4.1 Introduction Transportation infrastructure is a critical component of any neighborhood. It should not only afford the public opportunities for convenient, comfortable, and safe travel within the neighborhood, but also provide the same connections to other neighborhoods and the regional network. Throughout the planning process, it became clear that safe, convenient access to transit, cycling and walking were a high priority for the Central Southeast community. The Central Southeast neighborhood has five arterials and a network of wide collector streets that present obstacles to walking and biking. Many of these streets need a strategic rebalancing of priorities in order to improve the safety and livability of the neighborhood. CSE Fresno will build on its strengths and assets: completing and improving its sidewalk network, adding enhanced pedestrian crossings at key locations, building upon the existing transit network, and adding bike facilities to ensure all residents have access to a safe and attractive transportation network that supports multiple community goals, rather than simply moving traffic through the area. Additionally, an integrated and sustainable approach to improving infrastructure systems, both above and below ground, will help promote energy, waste management, and water efficiency, mitigate the impacts of flooding, enhance water quality, and foster future private investment in the community. 4.2 Existing Conditions Street Network CSE Fresno’s existing circulation has been laid out over historically agricultural land and is primarily delineated by major arterials and collectors that form half-mile square “neighborhoods.” Existing roadways within the Plan Area range from local roads with a single lane in each direction to arterials with up to two through lanes in each direction. Street types include arterials, collectors, neighborhood streets, frontage roads, and alleys. While the majority of the streets in CSE Fresno form a connective grid, there are a few breaks in the network, notably California Avenue between Cedar and Chestnut, and Willow Avenue, on the east side of the former IRS facility, between Butler and Kings Canyon Road. Such network breaks exhibiting large and/ or irregular block structures, constrained access, and limited pedestrian connectivity are prevalent in the big box retail centers along Kings Canyon Road, the newer suburban and apartment developments, and the undeveloped and industrial areas in the southern portion of the Plan Area. The older, more historic residential neighborhoods tend to have a fine-grained street network that is better connected, with a majority of blocks split by residential service/utility alleys. While some alleys are still functional, many of them have been in disuse or neglected and, due to safety concerns, neighborhood blocks have restricted access to the alleys. Block structure, streetscape and building 88 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN setbacks are quite consistent throughout these neighborhoods, providing environments more conducive to pedestrian and bicycle movement by the completeness of the network, lower vehicular speeds, and general presence of comfortable sidewalks. Streetscapes vary amongst the street types. Most existing streets are primarily designed to move a maximum number of vehicles and often lack landscaping, lighting, appropriate crossings, comfortable sidewalks, and bike facilities. Having such gaps in the network creates challenges for mobility throughout the Plan Area, particularly for those who are not able to drive including youth, the elderly, and people with disabilities. Roadway Capacity and Planned Projects Most roadways in the Plan Area operate acceptably under the City of Fresno traffic impact thresholds. There are currently no plans for road widening capacity improvements within the Plan Area, except for Willow Avenue (north of Kings Canyon Road) that is planned to be expanded from 2 to 4 lanes. In addition, there is one roadway segment planned for lane reductions – Lane Avenue from Chestnut Avenue to Willow Avenue. Example of a neighborhood street Example of a high-volume commercial corridor within the Plan Area CHAPTER 4: Transportation, Public Realm, Infrastructure 89 Bicycle Network CSE Fresno has a very limited bicycle and trail network, which discourages bicycling as an alternative to vehicle travel. The Plan Area has one of the lowest bike ridership and some of the highest concentration areas for bicycle and vehicle collisions in the City, particularly along Kings Canyon Road (Fresno Active Transportation Plan (ATP), 2017). Most of the bike lanes in the Plan Area run in short segments and are often discontinuous (see Figure 4-3. Proposed Bicycle Network). The Plan Area has two continuous bike lanes along Kings Canyon Road, which connects to Downtown, and along Chestnut Avenue, but they do not provide any buffer from fast-moving vehicular traffic. Trails, or Class I bike paths, are multi-use pathways separated from vehicle traffic and shared between bicyclists and pedestrians. Currently, there is only one short trail segment in the northern part of the Plan Area along McKenzie Avenue between Willow and Clovis Avenues. Example of a Class II bikeway in the Plan Area Example of a Class I bike path adjacent to the Plan Area 90 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Bikeway Facility Types Bicycle/Pedestrian or Multi-use Path (Class I) Description: Bike paths, often referred to as shared-use paths or trails, are off-street facilities that provide exclusive use for non-motorized travel, including bicyclists and pedestrians. Bike paths have minimal cross flow with motorists and are typically located along landscaped corridors. Bike paths can be utilized for both recreational and commute trips. Purpose: To provide a safe and comfortable environment to bike and walk that is completely separated from roadway traffic. Bike Lane (Class II) Description: Class II bike lanes are on-street facilities that use striping, stencils, and signage to denote preferential or exclusive use by bicyclists. On-street bikes lanes are located adjacent to motor vehicle traffic (see diagram). Bike lanes are intended to alert drivers about the predictable movements of bicyclists, and provide adequate space for comfortable riding. Current City standards require bike lanes on all new collectors and arterials; many existing collectors are already constructed with Class II bike lanes. Purpose: To provide an exclusive space for bicyclists on the road. CHAPTER 4: Transportation, Public Realm, Infrastructure 91 Bike Route (Class III) Description: Class III bike routes are on-street pavement markings or signage that connect the bicycle roadway network. Shared-lane markings, or “sharrows,” are a common Class III pavement marking that alerts drivers that bicyclists are sharing the road. Class III bike routes can be utilized to connect bicycle lanes or paths along corridors that do not provide enough space for dedicated lanes on low-speed and low-volume streets. Shoulders are useful but not required on streets with Class III bike routes. Purpose: To provide a shared use with motor vehicle traffic, typically on lower volume roadways. Cycle Track/Separated Bikeway (Class IV) Description: Class IV separated bikeways, commonly known as “cycle tracks,” are physically separated bicycle facilities that are distinct from the sidewalk and designed for exclusive use by bicyclists. They are located within the street right-of-way, but provide similar comfort when compared to Class I multi-use paths. The key feature of a separated bikeway is a vertical element that provides further separation from motor vehicle traffic. Common vertical elements used for separation include a vertical curb, a painted buffer with flexible posts, parked cars, a landscaped area, or a fixed barrier. Purpose: To provide a safe and comfortable environment to bike separated from roadway traffic. 92 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Existing Pedestrian Network Not unlike the existing bicycle network, the pedestrian network also lacks connectivity and accessibility in the Plan Area. During the planning process, stakeholders considered an unsafe walking environment as the most important issue facing CSE Fresno. Long block lengths, wide streets, unmarked or unsignalized intersections, fast moving traffic, narrow sidewalks, and a lack of street trees and furnishings are just some of the conditions that contribute to an unsafe and uninviting pedestrian environment. Kings Canyon Road (from Cedar Avenue to Peach Avenue) is a high-activity commercial corridor that has been identified for having one of the greatest concentrations of pedestrian and vehicle collision incidents in the city (Fresno Active Transportation Plan (ATP), 2017). While most streets have sidewalks, there are gaps in the sidewalk network in the areas near the northern and southern limits of the Plan Area (see Figure 4-4. Proposed Pedestrian Network). Example of missing and incomplete sidewalk segment along East Dwight Way CHAPTER 4: Transportation, Public Realm, Infrastructure 93 Existing Transit Routes Fresno Area Express (FAX) provides transit service in the Plan Area, as well as adjacent communities in the City of Fresno. FAX operates 17 bus routes throughout the City, with six routes serving the Plan Area (Routes 1, 22, 26, 33, 38, and 41) (see Figure 4-1. Transit Network). Routes 1 and 38 operate at 10 and 15 minute frequencies respectively, with the rest operating at 30-minute frequencies on weekdays and reduced frequencies on weekends. FAX has made three significant service enhancements in the Plan Area over the last several years. In 2017, FAX implemented “FAX-15” service along Cedar Avenue on Route 38. This route operates at 15-minute frequencies from 6 a.m. - 6 p.m., 30-minute frequencies until approximately 8 p.m., and 60-minute frequencies until approximately midnight. Route 38 includes multiple stops in the Plan Area and serves a variety of land uses, including various schools and health centers. In 2018, FAX initiated service on the “FAX Q,” the City’s first Bus Rapid Transit (BRT), which operates along Blackstone and Ventura/Kings Canyon. In the Plan Area, the Q (also known as Route 1) includes four stations in each direction along Ventura/Kings Canyon. The BRT runs at 10-minute frequencies during peak periods and at 15-minute frequencies during off-peak periods on weekdays. The BRT stations are spaced at half-mile intervals. Station amenities include modern shelters, ticket vending machines, benches, trashcans, real-time display signs, and night lighting, with station platforms built into the street to facilitate faster travel by preventing buses from having to transition in and out of traffic. The BRT route has traffic signal priority, which, combined with the ½-mile station spacing and station platforms, moves the buses through existing traffic more efficiently. These design features allow for faster travel times and an enhanced customer experience. The Q carries approximately 25 percent of FAX’s passengers on an annual basis. In 2019, FAX added night service from Mondays through Saturdays, providing transit until approximately midnight on five routes across the City. Two of these routes are in the Plan Area, including Route 1 (the Q) with 30-minute frequencies from 7 p.m. until midnight and Route 38 at 60-minute frequencies in the evening hours. On Sundays, all routes in the Plan Area operate until approximately 7 p.m. While the community appears to use and like the BRT system and other local bus routes, residents noted a need for additional bus stops at closer intervals, more bus shelters and amenities, greater bus frequency to address overcrowding, and expanded routes and schedules, including night service on additional lines beyond Routes 1 and 38 for residents working night shifts. BRT Station, recently installed on Kings Canyon Rd. Photo credit: GWire FAX offers 17 fixed-route bus lines throughout the city 94 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 4-1 Existing and Proposed Transit Network CHAPTER 4: Transportation, Public Realm, Infrastructure 95 Existing Truck Routes The Plan Area has a robust truck route system, with all major arterials in the Plan Area currently designated truck routes (see Figure 4-5. Proposed Truck Routes). Kings Canyon Road, Chestnut Avenue, and Cedar Avenue are the major truck routes. However, Butler Avenue – a smaller, lower volume neighborhood collector – is also a designated truck route. While it is crucial to provide access and service to existing industrial uses in the southern part of the Plan Area, heavy truck traffic through residential neighborhoods can have detrimental impacts on quality of life, including noise, air quality, and safety issues for pedestrians and bicyclists. Existing Infrastructure The Plan Area is currently served by multiple utility providers. Water and sewer services are provided by the City of Fresno; storm water drainage systems are constructed and maintained by the Fresno Metropolitan Flood Control District (FMFCD); irrigation water is supplied by the Fresno Irrigation District (FID); electricity and gas utilities are provided by Pacific Gas and Electric (PG&E); and telephone, fiber, and cable service is provided by AT&T/Comcast/Xfinity. Recycled water is not yet utilized in the Plan Area, but is planned and will be provided by the City of Fresno. Utility providers currently serving existing needs in the area have plans in place to serve future needs in accordance with the Fresno General Plan, as described below. Additional information on existing utility and infrastructure conditions and planned improvements can be found in Appendix A. Central Southeast Area Specific Plan Existing Conditions Report. Water and Sewer The City of Fresno delivers drinking water to approximately 500,000 residential, commercial, and industrial customers over a 114 square mile area of the city including many county Islands. The City’s water supply is made up of approximately 47% groundwater and 53% surface sources. According to the 2013 City of Fresno Metropolitan Water Resources Management Plan EIR, no water distribution system improvements have been identified for the CSESP area. However, the 2019 Drinking Water Renewal and Replacement Plan provides a detailed water system evaluation for the entire City of Fresno, including the CSESP area. The City’s 2015 Wastewater Collection System Master Plan Update identified wastewater infrastructure in poor condition and/or with current or projected future flow deficiencies. The primary impact identified within the CSESP area was the Orange Avenue trunk sewer main. The needed capacity improvements consist of replacing approximately 6,050 feet of 36-inch diameter pipeline with a new 42-inch diameter sewer on segments of 8th Street, Woodward Avenue, and Orange Avenue in the CSESP area. The master plan also confirmed that the Gallo Winery facility at Clovis and Olive Avenue has a direct storm drain connection to the sewer system that was recommended for removal to eliminate capacity impacts currently present in the downstream pipelines, including one within the CSESP area on McKenzie Avenue east of Chestnut Avenue. No major sewer pipeline structural deficiencies were identified within the CSESP area. Storm Drain Storm drainage facilities within the Fresno‐Clovis Metropolitan Area are planned, implemented, operated, and maintained by the Fresno Metropolitan Flood Control District (FMFCD) and documented in the Storm Drainage Master Plan (SDMP). The storm drainage facilities within a drainage area consist of storm drain inlets, pipeline, retention basins, urban detention (water quality) basins, and storm water pump stations. The only location within the CSESP area identified for storm drain improvements is California Avenue between Cedar and Maple Avenues and the detention basin to the south of the Plan Area. 96 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 4.3 Issues and Opportunities The following is a summary of the issues and opportunities around transportation in CSE Fresno. Issues • Uncomfortable and uninviting pedestrian environment. Sidewalks, while present throughout most neighborhoods, are missing in key areas, such as Willow Avenue (north of Kings Canyon Road), Chestnut Avenue (south of California Avenue), Maple Avenue (Butler Avenue to Kings Canyon Road), and smaller neighborhood streets along the northern and southern limits of the Plan Area. Coupled with wide crossing distances, truck traffic, and limited street trees and other pedestrian amenities, streets are not conducive to walking. Residents have safety concerns around a lack of walking paths and crossings to and around schools and parks in the community. • Scattered and disconnected bicycle network. There are few dedicated bicycle lanes in CSE Fresno, and many bicycle routes are disconnected and do not provide physical separation from vehicle traffic. Completing missing links in the network and adding buffered and/or separated bike facilities designed to provide safety and comfort for all skill levels could encourage more people to bike within the community and beyond. • Traffic collisions. Pedestrian and bicycle collisions occur in higher concentrations at intersections along major corridors, including Kings Canyon Road, Chestnut Avenue north of Kings Canyon, Lane, Butler, Hamilton, Florence, and Church Avenues. The highest concentrations of collisions occur on Kings Canyon Road, west of Chestnut Avenue and near the intersection of Chestnut and Butler Avenues. • Truck traffic negatively impacts neighborhood livability. Virtually every major roadway in the neighborhood is designated a truck route. While commercial traffic is necessary and vital to the success of businesses in the neighborhood, the impacts of regional truck traffic should be investigated and changes to the truck route network should be considered to preserve the quality of life of adjacent residential neighborhoods. Closed alley in CSE Fresno Typical streetscape environment in CSE Fresno CHAPTER 4: Transportation, Public Realm, Infrastructure 97 • Lack of multimodal connectivity and access. The existing street network is set up on a half-mile grid system. This spacing creates long block lengths, particularly in new suburban subdivisions with limited access points, and results in poor pedestrian and bicycle accessibility by reducing opportunities for crossings and direct routes. • Parking spillover during special events. During special events such as the Big Fresno Fair, visitor parking spills over into adjacent residential neighborhoods, where there are no parking regulations or fees. • Aging Infrastructure. Given the age of the Plan Area infrastructure, it is likely that the existing sanitary sewer connections are old and susceptible to inflow and infiltration. Maintenance and upgrades to the City’s aging and deteriorating sewer system is being addressed by the City’s capital improvement program (CIP). However, funding is limited, and the City addresses the highest priority projects that have ongoing overflows, backups, and/or collapsed pipes. Redevelopment may allow for the repair of existing lines and installation of new service connections to rehabilitate the infrastructure network over time. Opportunities • New street connections. The “big box”, strip commercial developments along Kings Canyon Road, the former IRS Processing Center at Willow and Butler Avenues, and undeveloped areas in the southern portion of the Plan Area present redevelopment opportunities that would benefit from subdivision of large blocks to create new connections and more walkable blocks. Developers should be encouraged to provide new privately-maintained, publicly-accessible streets and bicycle/ pedestrian pathways that would improve multimodal connectivity and access. • Excess street widths and capacity. Available street widths as compared to traffic volumes on roadways like Butler, Lane, and Orange Avenues could allow reconfiguration of the right-of-way to accommodate new and improved pedestrian and bicycle facilities. • Residential “frontage” streets. Many residential subdivisions in the Plan Area were constructed with a local residential roadway fronting the larger roadway network, such as along Maple, Butler, and Chestnut Avenues. In many locations, these roadways are duplicative and the additional right- of-way may be better used for multimodal amenities and/or public open space. • Regional multimodal improvements. The railroad right-of-way along California Avenue east of Cedar Avenue presents an opportunity for a regional Class I multi-use trail (as identified in Figure MT-2 of the General Plan) that could provide a valuable connection to Downtown, while promoting active transportation. • Recent transit investments. Recent investments in BRT along Kings Canyon Road and FAX 15 along Cedar Avenue have considerably improved transit access and frequency in CSE Fresno. New connections and bicycle, pedestrian, and streetscape improvements along Kings Canyon Road and other key corridors in the Plan Area could encourage walking, biking, and increased transit ridership. • Alley Activations. While some alleys are still functional, the majority of alleys are underused or have been closed-off due to safety concerns. Alley activation strategies, including developing an Alley Improvement Program to help residents repurpose alleys, are described in more detail in Chapter 3. Land Use and Urban Design. 98 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 4.4 Proposed Circulation Networks This Plan proposes a series of transportation improvements to make travel in and around CSE Fresno safe, efficient, convenient, and accessible to pedestrians, bicyclists, and transit riders of all ages and abilities while balancing the need to provide for vehicular access and goods movement. The proposed improvements include adding new street connections, creating a robust network of primary bicycle corridors, and implementing a series of major and minor street and streetscape improvements as described in the sections below. Street Network A high-quality network of Complete Streets can improve safety, enhance access, and support greater choice in transportation options. Complete Streets also provide additional benefits to a community by accommodating the needs of an aging population, promoting public health and fitness, minimizing transportation costs, creating and maintaining vibrant neighborhoods, and reducing GHG emissions that contribute to climate change. The City of Fresno recently adopted a “Complete Streets” policy that applies citywide (October 2019). CSE Fresno presents an opportunity to implement Complete Streets principles on a large scale, providing safe and convenient travel for all modes and all users. The City should seek out appropriate sources of funding and grants for implementation of Complete Streets policies throughout the Plan Area. The proposed street network and improvements shown in Figure 4-2. Proposed Street Network. Proposed Street Network support a multimodal Complete Streets network that improves mobility for current residents and visitors and accommodates future growth in the Plan Area. Overall, the Plan maintains the current street network and hierarchy while providing new connections and reconfiguring unneeded or overly wide streets to accommodate pedestrians and bicycle amenities. Key modifications include: • Creating new street and/or bicycle/pedestrian connections • Removing or repurposing frontage roads along Maple, Butler, and Chestnut Avenues • Constructing major and minor street improvements along key corridors to improve multimodal mobility, as described in the Goals and Strategies section. Bicycle and Pedestrian Networks This Plan builds on the planned bicycle and pedestrian facility improvements in the Fresno Active Transportation Plan (ATP), proposing additional recommendations that will allow more convenient, safe, and comfortable travel by foot and bicycle. Key destinations within and adjacent to the Plan Area will be more accessible with these improvements, including BRT and shopping destinations along Kings Canyon Road, schools, parks, and community centers. Figure 4-3. Proposed Bicycle Networkshows the location of existing and proposed new off-street and on-street bicycle facilities in the Plan Area. Figure 4-4 shows the existing and proposed sidewalk network and intersections that should be prioritized for evaluation and installation of crossing improvements. CHAPTER 4: Transportation, Public Realm, Infrastructure 99 Figure 4-2. Proposed Street Network 100 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 4-3. Proposed Bicycle Network CHAPTER 4: Transportation, Public Realm, Infrastructure 101 Figure 4-4. Proposed Pedestrian Network 102 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Transit Network CSE residents need better options to commute and make local trips without a car. This Plan includes strategies to improve multimodal connections to local transit stops in and around the area, as well as street design recommendations that will encourage increased transit ridership. The transit network map shown in Figure 4-1 Existing and Proposed Transit Network includes existing transit routes in the area. FAX, which is a part of the City of Fresno Transportation Department, serves as the transit operator for the City. FAX is continually evaluating bus routes, frequencies, and stops throughout the City, and will continue to build on the recent improvements in the CSE community to promote equitable, attractive, and efficient transit that supports residents’ needs. Truck Network With the significant amount of industrial uses situated in the southern portion of the Plan Area, multiple truck routes pass directly through the CSE community. Throughout the planning process, CSE community members voiced a strong desire to limit truck traffic through neighborhoods, particularly for safety reasons. The proposed truck network shown in Figure 4-5. Proposed Truck Routes. Proposed Truck Routes includes existing truck routes and routes recommended for removal to protect community health and safety. These recommend routes are subject to change pending results of the South Central Fresno AB617 Community Truck Reroute Study being conducted by Public Works. CHAPTER 4: Transportation, Public Realm, Infrastructure 103 Figure 4-5. Proposed Truck Routes 104 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 4.5 Goals and Strategies To address the community’s concerns, this Plan builds on and goes beyond the recommendations in the General Plan, ATP, and Ventura/Kings Canyon Corridor Complete Streets Plan by proposing the following goals and strategies to improve CSE Fresno’s street, bicycle, pedestrian, transit, and truck circulation networks. While CSE Fresno currently has sufficient infrastructure capacity to support development and growth, existing water, sewer, and stormwater systems are aging and in need of repair. An integrated and sustainable approach to developing the infrastructure network can reduce costs, mitigate the impacts of floods and droughts, enhance water quality, and increase energy efficiency, waste management, and transportation. Additionally, upgrading aging infrastructure systems below and above ground will foster future private investment in the community. The following goals and strategies are aimed at providing a high-functioning infrastructure system for CSE Fresno. Complete Street. Photo credit: Grist CHAPTER 4: Transportation, Public Realm, Infrastructure 105 Streets T-1. Rebalance existing roadways to create a network of safe, connected, and accessible Complete Streets for all users, including bicyclists, pedestrians, transit vehicles, and motorists. T-1.1. Implement major right-of-way retrofits and streetscape improvements along Kings Canyon Road, Orange Avenue, Cedar Avenue, and Butler Avenue. Kings Canyon Road, Orange Avenue, Cedar Avenue, and Butler Avenue are the four priority corridors in the Plan Area that offer significant opportunity for meaningful change and should be prioritized for construction of public realm and street improvements to support their transformation. Kings Canyon Road and Orange Avenue are the two main commercial corridors in the Plan Area – Kings Canyon is the major regional shopping and transit corridor, while Orange Avenue serves as a smaller neighborhood “Main Street” with local serving uses. Cedar Avenue is a main north/south connection corridor and was identified by the community as a key schools route, as numerous educational institutions front Cedar Avenue from elementary schools in CSE Fresno to Fresno State in north Fresno. Butler Avenue is a central neighborhood corridor that connects important neighborhood-serving nodes and opportunity sites, such as Mosqueda Center and the IRS Processing Center, with adjacent neighborhoods, and has the potential to evolve into an active mixed-use corridor as future growth and development occur. As areas with high pedestrian activity, these corridors present an opportunity for a more active and coherent mixed-use environment. The City should implement major right-of-way retrofits and streetscape improvements along these priority corridors to create a more comfortable, vibrant, and cohesive pedestrian environment. Major street improvements would entail significant reconfiguration of the right-of-way and improvements to public and private frontages, as shown in Figures 4-6 through 4-9. Excess right-of-way along these corridors can be reallocated for pedestrian and bicycle amenities such as wider sidewalks, curb extensions, street furnishings, bus shelters, bicycle lanes, and new and improved crossings. Some of these improvements could be made incrementally while others should be coordinated with other planned transportation and infrastructure capital improvement projects, such as repaving, to ensure efficiency and economy of funds. Specific recommendations for each street include the following: High visibility crossing and decorate bulbout with rain gardens. Photo credit: VMWP Painted bike lane 106 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 4-6. Street and Streetscape Improvements CHAPTER 4: Transportation, Public Realm, Infrastructure 107 1. Kings Canyon Road: As described in Chapter 3, the intent for Kings Canyon Road is to transform it from a highway arterial into a multimodal boulevard that connects a series of activity centers. Further study should explore the interaction and conflicts between bike lanes, bus stops, and curbside parking. One possible solution is to install bus boarding islands, allowing the bike lane to move between a bus stop island and the sidewalk. The Southern Blackstone Smart Mobility Strategy should be utilized as a resource in the development of the study on potential roadway reconfigurations, which includes the flexibility to allow for a potential future conversion of parking lanes to a dedicated transit lane. Additional improvements to support active ground-floor uses and a better pedestrian and bicycle experience include the following (see Figure 4-7): • Narrowing the median/turning and traffic lanes to accommodate buffered bike lanes • Constructing in-street tree planters between on-street parking • Providing street trees, landscaping, street furnishings, and signage • Enhancing crosswalks with bulbouts, high- visibility markings, lighting, and signage Possible resolution: bicyclists travel between a bus stop island and the sidewalk. Photo credit: Rhode Island Public Transit Authority Conflict between bus and bicycle travel on Ventura/Kings Canyon Road, west of the Plan Area. Protected bike lane behind bus boarding island. Photo credit: NACTO 108 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 4-7. Existing and Proposed Street Design for Kings Canyon Road Kings Canyon Existing Condition Kings Canyon is not currently an inviting environment for active transportation. It has narrow sidewalks without landscaping, wide travel lanes inducing high speed vehicular traffic, and a lack of traffic calming measures and pedestrian crossings. The new BRT stops create conflict between cyclists and buses, as buses are required to pull into the cycle track and block it in order to pick up passengers on the narrow sidewalk. In places where bus stops bulb out, they block the bike lane entirely. *The bike lanes are highlighted in green for clarity in the proposed images. However, NACTO recommendations and City standards for actual bike lane painting should be followed. Kings Canyon Proposed Retrofit: Interim Option A This is a minor yet significant improvement to the existing condition, as travel lanes are reduced to 10’ to calm traffic and provide space for bike lane buffers and for bikes to pass a stopped bus without veering into other lanes. There is still conflict as both the bus and parking cars must cross the bike lane. This option requires the least amount of alterations to the existing ROW and BRT stations, allowing it to serve as a transition to the more refined multimodal Kings Canyon retrofit options B and C. CHAPTER 4: Transportation, Public Realm, Infrastructure 109 Kings Canyon Proposed Retrofit: Option B A bus boarding island provides dedicated space for waiting passengers, rather than infringing on sidewalk space. The bus no longer crosses the bike lane, although cars must still cross the bike lane in order to park. An interim version of this option would involve only striping and no tree planters. This interim option could then transition easily to Option C. Kings Canyon Proposed Retrofit: Option C The bike lane is fully protected; neither cars nor buses cross it (other than at entry drives). Street trees are closer to the center of the street, which further calms traffic and creates a sense of enclosure. Street tree planters between parked cars are wider than in Option B, as they can use the width of both buffers, allowing the trees to mature more fully. Figure 4-7. Existing and Proposed Street Design for Kings Canyon Road 110 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 2. Orange Avenue: Recommendations for Orange Avenue include adding buffered bike lanes, corner bulbouts, on- street parking, street trees and furnishings, and improved intersections/crosswalks, as shown in Figure 4-8. Rendering of Potential Street Improvements Along Orange Avenue. 3. Cedar Avenue: Cedar Avenue is the subject of a recently-submitted grant application for signalization improvements/ Transit Signal Priority. As a FAX-15 corridor and key schools route, recommendations for Cedar Avenue include the following: • Removing lanes or reducing lane-widths to accommodate a Class IV cycle track; • Repairing/widening sidewalks • Adding street trees, landscaping, street furnishings, and signage • Adding and enhancing crossings with signal improvements, bulbouts, high-visibility markings, lighting, and/or signage 4. Butler Avenue: Key recommendations for Butler Avenue include reducing lane-widths to accommodate a Class IV cycle track, adding a center landscaped median, and repurposing frontage roads along some segments of the corridor (see Strategy T-1.3). Adding street trees, parkway landscaping, and repairing/widening sidewalks will further support a more comfortable pedestrian environment. Figure 4-8. Rendering of Potential Street Improvements Along Orange Avenue CHAPTER 4: Transportation, Public Realm, Infrastructure 111 T-1.2. Implement minor right-of way retrofits and streetscape improvements along Maple, Chestnut, and Lane Avenues. Many smaller neighborhood collector streets within CSE Fresno were designed to support excess vehicle capacity, with wide intersections, travel lanes, and curb radii that make walking and biking difficult and unsafe. Opportunities exist to improve these corridors through minor street improvements such as restriping and enhanced landscaping, which can be done relatively easily and inexpensively. The City should implement minor right-of-way retrofits and streetscape improvements along Maple, Chestnut, and Lane Avenues to create more comfortable and safe connections between residential neighborhoods and schools, parks, and shopping areas. Lane Avenue provides one such example as an important neighborhood street that connects residential neighborhoods with the Greenberg Elementary School and the IRS Processing Center, which is envisioned to evolve into a technology/education campus. Lane Avenue is currently scheduled for lane reductions, and the proposed retrofit maintains the existing curb-to-curb dimension while converting both of the exterior turning lanes into on-street parking and creating a middle turning lane (see Figure 4-9. Proposed Lane Avenue Street Improvements). Lane reductions will allow for the addition of buffered bike lanes or a Class IV cycle track to improve bicyclist safety. If space and resources permit, it is recommended to construct a landscaped median in between turning locations (as shown in Figure 4-9. Proposed Lane Avenue Street Improvements). Lane Ave Existing Condition Lane Ave Proposed Retrofit Figure 4-9. Proposed Lane Avenue Street Improvements 112 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN T-1.3. Repurpose unneeded frontage roads along Maple, Butler, and Chestnut Avenues into greenways with active transportation connections. Several roadways in CSE Fresno, such as Maple, Butler and Chestnut Avenues, feature frontage roads that serve as low-volume neighborhood access roads. While they provide a buffer from higher volume and higher speed traffic, they expand the right-of-way significantly with imperceptible change in character and limited points of access to the neighborhoods. These unneeded frontage roads are opportunities for the City to creatively repurpose roadway rights-of-way into linear parks, or greenways, that provide active transportation connections and additional public open space for the community. These greenways should function as off-street multi-use paths (Class I Bike Path) that connect to other bicycle and pedestrian routes in the Plan Area and city and could include wide pathways, seating, lighting, shade, trees and landscaping, bus stops, bicycle racks, and wayfinding signage. The City should also ensure that these greenways have clear signage, striping, curb extensions, signalized controls, and/or flashing beacons where they intersect with streets or driveways in order to minimize the likelihood of collisions. As the building character along these streets evolve and opportunity sites are redeveloped, it is envisioned that these street modifications will support more varied and vibrant ground floor uses and private frontage conditions. Figure 4-10. Chestnut Avenue Frontage Road Retrofit below depicts an example of a frontage lane retrofit along Chestnut Avenue to create a linear greenway. In this case, curb-to-curb dimensions of the avenue remain the same. Improvements include narrowing the automobile travel lanes in order to allow space for on-street parking and buffered or separated bike lanes. The center median is widened and landscaped, only stopping where necessary to accommodate a left turn lane. Figure 4-10. Chestnut Avenue Frontage Road Retrofit Buffered bike lane Multi-use path CHAPTER 4: Transportation, Public Realm, Infrastructure 113 T-1.4. Prioritize Complete Streets over current measures for transportation performance. Chestnut Ave Existing Condition Chestnut Ave Proposed Retrofit Note: Bus Stops along Chestnut Avenue should follow the standards created by the City of Fresno Public Works Department for the Maple Avenue complete streets project. 114 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN To help rebalance the roadway and facilitate economic development, the City should develop multi-modal Level of Service (LOS) standards, as identified in the General Plan. LOS measures traffic performance using letter grades, where an “A” means cars and trucks move in a free flow at or even above the speed limit while and “F” is gridlock. But this measure leaves out a whole segment of people walking, biking, and using transit – in fact, improving LOS can actively make streets more dangerous for non-automotive travel modes. A multi-modal LOS concept will consider mobility for all community members when evaluating traffic congestion and needed mitigation. T-2. Improve connectivity between residential areas and local and regional destinations such as schools, parks, community centers, transit, retail, and employment centers. T-2.1. Create new roadways to break up superblocks and improve vehicle, bicycling, and pe- destrian connections in the Plan Area. Many existing blocks along Kings Canyon Road, as well as in the less developed areas in the southern portion of the Plan Area are very large, and not generally walkable. As new development or redevelopment occurs, the City should work collaboratively with existing property owners, developers, and residents to subdivide large blocks and provide new direct pedestrian, bicycle, and in some cases vehicular connections from neighborhoods to schools, parks, transit, retail centers, and other community amenities. Conceptual locations to reconnect and create a more fine-grained street grid are shown in Figure 4-2. Proposed Street Network and include extending Willow Avenue along the western side of the former IRS Processing Facility, breaking up large strip shopping centers along Kings Canyon Road, and adding new connections in undeveloped/ rural areas south of California Avenue. Complete street with median. Photo credit: CityLabPaseo CHAPTER 4: Transportation, Public Realm, Infrastructure 115 Bicycle and Pedestrian T-3. Improve safety and reduce conflicts between pedestrians, bicyclists, and drivers, particularly around centers of activity. T-3.1. Implement traffic calming measures around parks and schools. When asked what most would benefit their neighborhood, most residents cited improved pedestrian conditions so that kids can walk safely to neighborhood schools and parks. Installing traffic calming measures will encourage drivers to travel at slower speeds, call attention to pedestrians on sidewalks and crossings, and make streets feel more comfortable and inviting for pedestrians of all ages. The City of Fresno should work with community organizations, such as Every Neighborhood Partnership and Cultiva La Salud to conduct a study of streets and intersections near parks, schools, and other high-volume pedestrian areas to determine priority locations to install traffic calming measures. The study could include surveys and walk audits and should be coordinated with the Safe Routes to Schools program. Potential traffic calming mechanisms could include bulbouts, narrower travel lanes, traffic circles, stop signs, and traffic signals. T-3.2. Install crossing enhancements at priority intersections. The City can also improve pedestrian safety by providing more frequent and shorter crossing distances, and installing crossing enhancements such as bulb-outs, raised crosswalks, flashing beacons, signs, and other measures to increase the visibility and safety of unsignalized crossings. Initial funding and improvements should be prioritized for the intersections identified in Figure 4-4. Proposed Pedestrian Network (Note: Intersections identified in this Plan represent the community’s priorities for the Plan Area, and were not established based on the Fresno ATP prioritization tool). This may include identifying locations where midblock crossings would provide important links to the pedestrian network and reduce unsafe crossings between intersections. The City should also consider updating signal timing and including countdown signals at intersections to better accommodate pedestrians. The intersection of Chestnut Avenue and Hamilton Avenue shown in Figure 4-11 is an example of a priority intersection. Potential crossing enhancements to slow traffic at this intersection could include bulbout corners and high visibility and/or decorative crosswalks. A landscaped median and green bike lanes with bike boxes at the approaches will beautify the street and improve pedestrian and bicyclist safety. 116 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Figure 4-11. Proposed Intersection Improvements at Chestnut and Hamilton Avenues Proposed Intersection Improvements Existing Intersection Conditions CHAPTER 4: Transportation, Public Realm, Infrastructure 117 T-3.3. Designate a traffic enforcement officer on rotation at CSE Fresno schools. Throughout the planning process, the CSE community cited a need for better traffic enforcement in the area, particularly to address speeding in and around residential areas. The City could dedicate a traffic enforcement officer for CSE Fresno to enforce traffic and parking laws around parks, schools, and along routes to schools, parks, and other community facilities. Additional enforcement methods could include automated tickets, messaging, and speed feedback signs. Consistent enforcement coupled with traffic calming measures and education will help encourage drivers to travel at slower speeds and create a safer walking environment. T-3.4. Pursue Safe Routes to School funding to improve pedestrian crossings and create safe, clearly marked routes near schools. Creating safe routes to schools was consistently rated a top priority by the community. The City should pursue funding for the Safe Routes to School program in the Plan Area. The Safe Routes to School program for CSE Fresno could include the following components: • Community Task Force. The City should form an ongoing committee of key stakeholders such as principals, parents, students, crossing guards, police, Department of Public Works, and others. This community task force should identify and address issues related to improving safety for students that walk or bicycle to school. The committee should be established for five years after adoption of the Plan, with the option of being continued or incorporated into the area’s Neighborhood Committees (refer to strategy CE-1.3.) at the end of this term. The primary mission of the committee should be to identify the main safety concerns of parents and students in CSE Fresno and work as a group to identify improvements and potential funding mechanisms for improvements. • Pedestrian and bicycle improvements on school routes. The City should identify and construct street, sidewalk and intersection improvements that will enhance safety for students that walk or bicycle to school. (See also Strategy T-3.1) • Safety education and promotion program. Once funded, the City should encourage students to walk and bicycle to school with “walking school buses,” contests, events, and other campaigns. The City should partner with school districts in the Plan Area to establish a program to teach pedestrian and bicycle safety to students that walk or bicycle to school, and develop materials to educate parents, neighbors, and others about safety issues near schools. (See also Strategy T-3.4) • Enforcement. The City should allocate additional resources to enforce traffic and parking laws around schools and along routes to schools. (See Strategy T-3.3) • Evaluation. Following implementation, the City should conduct regular surveys to determine the number of students walking and bicycling, compare before-and-after crash statistics, and conduct before-and-after speed surveys in front of schools. 118 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN T-3.5. Educate residents on bicycle, pedes- trian, and traffic safety and network improvements. Better awareness about safe driving, bicycling, yielding, and crossing are essential to maintain safe neighborhood streets. The City should develop a campaign to educate CSE residents on bicycle, pedestrian, and traffic safety. For example, the City could hold bicycle rodeos at local schools and introduce driving for bicycle safety into the driver education curriculum at local high schools. As part of this strategy, the City should create and distribute public informational materials, such as maps or brochures, about safety (e.g., the safe use of shared bike lanes, wearing bicycle helmets), transportation network improvements, and information about new routes and schedules. City websites and social media accounts should be kept up to date to inform the public about transportation changes, improvement projects, safety, and amended routes or schedules. Vision Zero Vision Zero is a strategy to eliminate all traffic fatalities and severe injuries, by taking a proactive, preventative approach that prioritizes traffic safety as a public health issue and increases safe, healthy, equitable mobility for all. If our transportation system were designed to accommodate human error, which is inevitable, and to naturally encourage safe driving, we could decrease traffic violence, regardless of human behavior. Vision Zero acknowledges that many factors contribute to safe mobility – including roadway design, speeds, behaviors, technology, and policies – and sets clear goals to achieve the shared goal of zero fatalities and severe injuries. For more information, visit: visionzeronetwork.org/about/what-is-vision-zero/ Photo credit: SFCTA CHAPTER 4: Transportation, Public Realm, Infrastructure 119 T-3.6. Create a “Vision Zero” plan with goals and targets to reduce car crash deaths and colli- sions in CSE Fresno. Pedestrian- and bicycle-involved collisions occur throughout CSE Fresno, but with particular frequency along Kings Canyon Road, which has the greatest concentration of pedestrian and bicycle collision incidents in the city (ATP, 2017). A Vision Zero Action Plan should be prepared that sets forth measurable goals and targets to reduce car crash deaths and collisions, including active transportation and street design strategies, safe routes to school, education, and multimodal transit initiatives (such as those listed previously in Strategies T-3.1 – T-3.4). The Plan should be an effort completed in partnership between the City’s Planning Department, Public Work Department, the County of Fresno, local school districts, and community organizations. The Plan should include ongoing data collection to determine dangerous behaviors, evaluation to determine what is working and what is not, and frequent engagement with the CSE community to share findings and solicit input. T-4. Provide a well-connected, comfortable, and inviting pedestrian environment that encourages residents to walk to and between key destinations. T-4.1. Identify gaps and build sidewalks to complete the pedestrian network. The CSE Plan Area should provide residents with ample and convenient opportunities to walk. Unfortunately, some parts of the Central Southeast Area are missing sidewalks, impeding the ability of pedestrians to get to their destinations. The City should prioritize completing the sidewalk network in the Willow Avenue area (north of Kings Canyon Road), the Chestnut Avenue area (south of California Avenue), and the Maple Avenue area (from Butler Avenue to Kings Canyon Road), as shown in Figure 4-4. Proposed Pedestrian Network. The City should seek funding outside of standard conditions of development, which are commonly paid for by the developer. Refer to Chapter 8 for potential funding sources. Tree Fresno is a non-profit organization whose mission is to transform the San Joaquin Valley with trees, greenways, and beautiful landscapes. Since their founding in 1985, they have planted over 42,000 trees. For more information, visit: treefresno.org. Crossing guard in CSE Fresno helps students cross an unmarked intersection High-visibility crossing 120 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN T-4.2. Prioritize street furnishings and other amenities along key corridors with high pedestri- an activity to create a beautiful, vibrant, and comfortable pedestrian experience. The public realm and streetscape can have a considerable impact on the appearance, usability, and function of the street and sidewalk. Most streets in the Plan Area are missing pedestrian amenities such as shade and street trees, benches, and refuse receptacles, among others. The City should implement sidewalk and streetscape enhancements throughout CSE Fresno, prioritizing high pedestrian activity corridors where the need is greatest, including Kings Canyon Road, Orange, Butler, Maple, Chestnut, and Hamilton Avenues. Providing wider sidewalks, street furniture (benches, refuse receptacles, planters, bike racks), trees, pedestrian-scale lighting, and outdoor dining areas will help create a safe and enjoyable pedestrian environment and support local economic activity (see Strategy E-1.5 as an example of an implementation action). Pedestrians should be buffered from traffic by well-landscaped planters, and on-street parking, where possible. As part of this strategy, the City should develop a coordinated Streetscape and Tree Planting Palette with Tree Fresno to help establish a cohesive character and more distinct identity for CSE Fresno. Additional streetscape recommendations for key corridors in the Plan Area are described in Chapter 3. Land Use and Urban Design. T-5. Improve bicyclist safety and encourage biking between destinations. T-5.1. Create a comprehensive and continuous bicycle network that provides safe and com- fortable bicycle routes for users of all ages and abilities. A continuous network of bicycle facilities allows each bike lane or path segment to function as part of a connected whole, linking destinations to key routes, and making trips by bicycle a more appealing and practical option for people of all ages and skill levels. In general, the Plan Area lacks safe bicycle routes, and particularly east-west bike connections. The City should identify funding to complete the bicycle network, filling gaps, identifying Bicycle Boulevards, and improving existing routes with high comfort, low stress bike facilities as shown in Figure 4-3. Proposed Bicycle Network. For instance, most of Cedar Avenue currently has bike lanes, but there are gaps and areas where bike lanes are narrow and lack a buffer between bikers and fast moving Wide sidewalk with street furnishings CHAPTER 4: Transportation, Public Realm, Infrastructure 121 traffic. The community noted that this should be a priority corridor for improvements given that the Boys and Girls Club and several neighborhood schools are located along it. Protected and/ or separated bikeways that minimize exposure to vehicle traffic should be constructed on high- speed, high-volume vehicle corridors, and especially those also designated as truck routes like Cedar Avenue. Priority corridors for new and improved bicycle facilities include Kings Canyon Road, Butler Avenue, Orange Avenue, Cedar Avenue, Lane Avenue, Maple Avenue, and Hamilton Avenue. T-5.2. Construct a multi-use trail along California Avenue and the railroad tracks. The Plan Area currently lacks off-street paths, trails and other safe areas for walking and bicycling. Multi-use trails are the most comfortable type of bicycle facility for people of all skill levels because they provide the greatest degree of separation from vehicle traffic. They can improve public health, safety, and access by providing alternative transportation options and opportunities for physical activity. The California Avenue railroad right-of-way presents an opportunity to add a multi-use trail that would create a safe east-west connection through the community, particularly to parks and schools, and connect to the planned trail along East Ave to Downtown Fresno. The City should pursue funding for and construct a Class I multi-use trail along California Ave and the railroad line, as recommended in the City of Fresno Active Transportation Plan (ATP). T-5.3. Provide bike and micro-mobility parking at destinations. To further support biking as an alternative mode of transportation, the City should install bike parking at community activity hubs such as community centers and transit stops and work with property owners to provide bike parking in front of businesses, such as along Kings Canyon Road. Flexible docking/parking areas should be created that can be used for bicycles as well as other personal transportation devices such as scooters. Cycletrack 122 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Transit T-6. Provide comfortable, frequent, and reliable transit service that meets community needs. T-6.1. Improve connections to existing transit stops within Central Southeast Fresno, and evaluate potential service adjustments that would result in greater transit access to areas within the Plan Area and to regional destinations. Residents need access to public transit services that connect to major destinations in the Plan Area, including Kings Canyon Road, educational institutions, community facilities, and parks, as well as to Downtown and other regional destinations outside the Plan Area. Throughout the planning process, community members noted a mismatch between existing bus routes and desired destinations, as well as a lack of safe access to existing transit stops. The City should arrange transit-specific workshops with FAX and the Department of Public Works to gather and analyze data (via community engagement and/or origin and destination data) to evaluate potential street improvements and/or service adjustments that could address user needs. FAX should continue to review and monitor bus schedules and routes for ways to improve or expand routes between places of work, residences, shops, and services. Finally, the City should explore funding opportunities to expand evening bus service beyond the existing night service on Routes 1 and 38 to address the needs of night shift employees in the area. T-6.2. Provide protected, well-lit, and attractive bus stops and amenities along bus routes. Without shelter and places to rest, bus stops can be uncomfortable and unwelcoming for connecting passengers – especially the elderly. To encourage transit use, bus stops should be well-lit and include benches, shelters and/or shade, refuse receptacles, system maps and information, and bicycle parking (where feasible). In particular, FAX should consider enhancing bus stop amenities near schools, parks, community centers, and shopping areas. FAX Q rapid bus station. Photo credit: GWire CHAPTER 4: Transportation, Public Realm, Infrastructure 123 Truck Network T-7. Ensure the efficient movement of goods while protecting community health and safety. T-7.1. Reroute truck traffic away from sensitive areas such as residential neighborhoods, parks, and schools. While companies in and near the Plan Area rely on trucks to transport goods, truck traffic can have a negative effect on residents. Specifically, trucks can impact traffic speeds on neighborhood streets, wear down street pavement faster than passenger vehicles alone, and produce pollution and noise. To reduce the impacts of truck traffic on residents, the City should review current truck routes and eliminate or reroute as necessary to minimize truck traffic on predominantly residential streets. Routes recommended for removal are shown in Figure 4-5. Proposed Truck Route Network. The City should also review planned or potential streets for appropriateness for truck traffic, particularly between industrial uses and along main thoroughfares. For instance, truck traffic along parts of Cedar Avenue poses a safety threat to families and children given the presence of several schools and community facilities along the corridor. T-7.2. Work with existing commercial and industrial businesses to limit the negative impacts of truck traffic on sensitive areas. The City should work with existing industrial and heavy commercial businesses to identify appropriate or alternative truck routes and/or schedules that limit negative impacts on residential neighborhoods while maintaining efficient goods movement. Limiting truck traffic hours to very early in the morning or late in the evening could go a long way towards making CSE streets feel safer. Parking T-8. Improve parking availability for residents and visitors, particularly during special events. T-8.1. T-8.1. Reduce parking spillover into adjacent residential neighborhoods during the Big Fresno Fair. While the Big Fresno Fair attracts visitors and investment to CSE Fresno, it also contributes to nuisance issues for those residents living around the Fairgrounds. Many residents expressed frustration over Fair visitors parking in adjacent residential neighborhoods, where there are generally no restrictions on on-street parking. To reduce parking spillover into residential neighborhoods, the City should work with and encourage the Fresno Fairgrounds to create a long-term parking plan. This could include constructing a parking structure on the Fairgrounds property or in partnership with the owners of underutilized sites near the Fairgrounds, working with the City to allow joint use of public parking facilities during the Fair, providing shuttles from Downtown and other key areas of the City, and developing programs encouraging people to take FAX to the Fairgrounds. 124 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Infrastructure Infrastructure upgrades and modifications may be required throughout implementation to achieve the Plan’s vision. Specific funding for infrastructure upgrades has not been identified in this Plan, but potential sources have been listed in Chapter 8 Next Steps and Funding. Funding for infrastructure modifications should be considered and identified early in the process to ensure all implementation measures are successful. Infrastructure modifications and upgrades may result from a variety of activities or recommendations in this Plan, from the proposed addition of bike lanes to changes in land use designation, among others. T-9. Provide a network of high-functioning and sustainable infrastructure systems in CSE Fresno. T-9.1. T-9.1. Proactively upgrade aging infrastructure around key opportunity sites to facilitate redevelopment. As resources become available, the City should provide comprehensive mechanisms for funding and timely maintenance of crucial public facilities including, but not limited to, streets, sidewalks, drainage facilities (including curbs and gutters), sewer, and water facilities to facilitate redevelopment. Areas near key opportunity sites, such as the former UMC Hospital and IR Processing Facility, should be prioritized to help create “shovel-ready” development sites, as further detailed in Strategy ED-1.3 in Chapter 6 Economic Development. What is Green Infrastructure? Green infrastructure is a cost-effective, resilient approach to managing wet weather impacts. Conventional piped drainage and water treatment systems (gray infrastructure) is designed to move urban stormwater away from the built environment, green infrastructure reduces and treats stormwater at its source while delivering environmental, social, and economic benefits. Stormwater runoff is a major cause of water pollution in developed areas. Runoff carries trash, bacteria, heavy metals, and pollutants from the urban landscape into our water supplies. With green infrastructure, the water is absorbed and filtered by soil and plants. Stormwater runoff is cleaner and less polluted. Green infrastructure elements include rain gardens, permeable pavements, green roofs, infiltration planters, trees, and rainwater harvesting systems that create more visually appealing streets, add green space to neighborhoods, and protect the environment. SOURCE: US EPA. “What is Green Infrastructure?” https://www.epa.gov/green-infrastructure/what-green-infrastructure CHAPTER 4: Transportation, Public Realm, Infrastructure 125 T-9.2. Incorporate water conservation measures into new development and public improve- ments to limit water use and stormwater runoff within the Plan Area. Water conservation should be a key design consideration for new development and public improvements in the Plan Area to safeguard potable water sources, decrease energy costs, and reduce impacts on the environment. Green infrastructure and other Low-Impact Design (LID) treatments that manage, reduce, and reuse storm water runoff can decrease infrastructure upgrade costs, eliminate potential capacity deficiencies, and mitigate stormwater runoff pollution. The City should continue to work with developers to promote, approve, and implement building and site designs that incorporate: • Bioretention/bioswale areas, flow-through planter boxes, vegetated buffer strips, infiltration trenches, and other sustainable stormwater treatments; • Water-efficient fixtures such as low-flow toilets and shower heads, and moisture-sensing irrigation); • Native and drought-tolerant plant species; • Graywater and rainwater harvesting and reuse; • Green roofs; and • Permeable surfaces that allow on-site infiltration. For example, the City could provide incentives for incorporating water conservation measures, establish menus or checklists for developers and contractors to ensure water-efficient infrastructure and technology are used in new construction, and/or require development project approvals to include a finding that all feasible and cost-effective options for conservation and water reuse are incorporated into project design, including graywater systems. The City should also incorporate green infrastructure into new parks and complete streets improvements, as outlined in Strategy E-1.2 in Chapter 7. Rain garden in planter strip Permeable parking lot paving 126 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN T-9.3. Complete construction of the City recycled water distribution system network and ex- pand its use in the Plan Area. Recycled water is not yet available or planned to be extended to the Plan Area. However, the City is working on the Fresno Metropolitan Water Resources Management Plan to identify future opportunities for the expansion and use of the recycled water system. Once the backbone infrastructure is in place, the City should require new development to connect to the system and work to convert as many potable water uses to recycled water, consistent with new state law requirements described in the Model Water Efficient Landscape Ordinance (MWELO). The City should also encourage developers to incorporate dual plumbing within buildings and on-site irrigation constructed to recycled water standards that can be temporarily served by a potable source and connected to the recycled water system once it is extended to the Plan Area. T-9.4. Promote the use of sustainable design features and renewable energy sources in new public facilities, capital improvement projects, and private development. Incorporating green technology and renewable energy into new and existing public facilities and private development is a key part of creating a more sustainable CSE Fresno. Sustainable design features such as photovoltaic generation, passive solar water heating, green and cool roofs can conserve natural resources, minimize impacts on existing infrastructure, and help residents and businesses save on utility costs while helping the environment. The City should collaborate with partner agencies, utilities, and businesses to support a range of energy efficiency, conservation, and waste reduction measures in new private development and public improvement projects. This might include: • Revising the Development Code to require or incentivize solar panels on all new multifamily, mixed-use, and/or public buildings; • Requiring that all new buildings be designed to be solar ready, including provision of a solar zone and infrastructure such as solar panel standoffs and conduit; • Requiring that residential projects over a certain size participate in the California Energy Commission’s New Solar Homes Partnership, which provides rebates to developers who offer solar power in at least 50% of new units, or a program with similar provisions; • Providing, where possible, grants, rebates, and other development incentives for renewable energy projects, such as increased height limits and/or flexibility in other standards for projects that incorporate energy efficient green building features; • Streamlining the City permitting process (or providing building permit fee waivers) for new residential and commercial developments that submit plans to use renewable energy and/or exceed City/State green building standards; • Creating a tax exemption or tax neutral policy for developments that incorporate renewable energy systems; • Collaborating with energy and water providers, like PG&E and FMFCD, to increase participation in their energy and water efficiency programs. This strategy works in tandem with Strategy E-1.4. in Chapter 7 for providing financial assistance for low-income residents for solar installation. CHAPTER 5: Parks & Open Space 127 parks & open ch. 55 space 128 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 5: Parks & Open Space 129 parks & open space 5.1 Introduction Parks and open spaces play a critical role in the sustainability and health of the community by providing a focal point for community activities, recreation, and social interaction. Throughout the planning process, it became clear that access to quality parks, open spaces, and recreational amenities are a top priority for the CSE community. Residents consistently cited Mosqueda Community Center and park as one of its most valuable assets – a central hub for recreational activities, services, and social events. While existing parks in the Plan Area are well-used and cherished, they need additional upkeep and maintenance. In addition, new parks and open spaces should be created with a goal of ensuring that every resident is within easy walking distance of a park. Looking forward, CSE Fresno will build on its strengths and assets, improving existing parks and adding new parks to ensure that all residents have access to high-quality, attractive, and well-maintained parks and open spaces. The Central Southeast of the future will feature a diverse range of parks, open spaces, and recreational facilities tailored to satisfy community needs, including public spaces that accommodate fixed and flexible programming for social gatherings, activities for people of all ages, as well as active and passive recreation. Active, community-led surveillance and maintenance activities will improve park safety and upkeep, and foster a sense of pride and ownership over shared public spaces. 5.2 Existing Conditions The Fresno General Plan states that the City’s parkland standard is three acres per 1,000 residents for Pocket, Neighborhood, and Community parks, with an aspirational goal of five acres per 1,000 residents for all parks throughout the city, if additional funding for regional parks and trails is identified. There are currently 50.8 acres of parkland within the CSE Plan Area, with a ratio of 1.68 acres of park per 1,000 residents, above the current City average of 1.06 (pocket, neighborhood, and community parks) but below the General Plan goal of three acres per 1,000 residents. A majority of the Plan Area is within walking distance (a half mile) of a park or open space (see Figure 5-1), with the exception of the neighborhoods around the western and southeastern boundary of the Plan. Despite this, the Plan Area does not meet the park level of service goals of the General Plan. Parks are distributed throughout the Plan Area in the form of two community parks (CALWA and Mosqueda), and several smaller neighborhood parks nestled amongst low-density residential areas. Table 5-1 lists all of the parks within the Plan Area. 130 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Table 5-1. Parks in the Plan Area Park Name Acreage Park Classification Agency Condition Amenities Mosqueda 10.02 Community City of Fresno PARCS Department Fair Baseball/softball field, basketball courts, tennis courts, playground, BMX park, swimming pool, recreation center Pilibos 13.22 Community City of Fresno PARCS Department Fair Picnic area, play structures, soccer fields (lighted) Trolley Creek 3.07 Neighborhood City of Fresno PARCS Department Good Picnic area, play structures, amphitheater/stage. Willow/Balch 1.14 Pocket City of Fresno PARCS Department Fair Picnic area, play structures Ponding Basin Park Y 4.98 Neighborhood FMFCD Ponding Basin Parks Fair Accessible path Calwa Park 18.35 Community Calwa Recreation Park District Unknown Soccer fields, baseball fields, basketball courts, community center, pool, play structures, picnic areas Total:50.79 Note: Sunnyside Park, a 4.27-acre neighborhood park is located just outside the CSESP area at Butler and Peach Ave. Open spaces are limited to several ponding basins and the Fairgrounds (see Figure 5-1. Park Facilities within a Half Mile Radius), which is predominately hardscaped and inaccessible to the public for most of the year. Additional recreational facilities can be found at many of the twelve schools located within the Plan Area. Currently two schools, Elizabeth Terronez Middle School and Vang Pao Elementary, have joint use agreements with the City to enable public use of their facilities. Most of the parks in the Plan Area are in “fair condition,” indicating some mechanical/equipment defects that require major repair or replacement. Additional park issues cited by the community include crime and safety, accessibility problems, poor maintenance, few shade structures, and lack of programming. While there are no immediate plans to upgrade the parks in the Plan Area, the Fresno Parks Master Plan has designated Pilibos Soccer Park and Mosqueda Center as “Flagship” parks, which will be prioritized for ongoing upgrades in the future. CHAPTER 5: Parks & Open Space 131 Figure 5-1. Park Facilities within a Half Mile Radius 132 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 5.3 Issues and Opportunities The following is a brief summary of the issues and opportunities around parks and open spaces in Central Southeast Fresno. Issues 1. Lack of parks and open spaces. The Plan Area needs approximately 40 additional acres of parks and open space to meet the General Plan goal of 3 acres per 1000 residents. Throughout the planning process, the community cited the need for additional parks, open spaces, and indoor recreational facilities. In addition, CSE Fresno’s demographics – with more children and larger household size than the City average – also highlight the high need and demand for additional parks. 2. Underserved areas. Residents around the western and southeastern boundaries of the Plan Area do not currently have a park or open space within a 5-minute walk of their homes. New parks and open spaces should be prioritized in these underserved areas. 3. Inadequate park and recreational amenities. Resident feedback suggests that current park amenities are not accommodating the broad range of user groups and activities sought by the community. In particular, there is a desire for indoor recreational facilities (e.g. gymnasiums or indoor sports courts), exercise equipment in parks, and multi-use trails which are not currently provided in the Plan Area. (Additional information on multi-use trails can be found in Chapter 4. Transportation, Public Realm, and Infrastructure) 4. Poor park conditions and maintenance. As identified in the Parks Master Plan (2017) most of the existing parks in the area have aging facilities and equipment that are in dire need of replacement and/or better maintenance. Litter, debris, and general upkeep issues were consistently mentioned by residents. 5. Lack of park programming and opportunities to be physically active. CSE Fresno currently has a number of barriers to physical activity, such as lack of parks and recreational facilities, limited programming, and streets that are not safe for bicyclists and pedestrians. Throughout the planning process residents expressed a desire for new, improved, and low-cost recreational programming that supports wellness and exercise and provides opportunities for social interaction, such as after-school programs and fitness classes. (Additional information related to public health and youth programming can be found in Chapter 7. Quality of Life). 6. Public safety concerns. The community is particularly concerned with safety in and around existing parks in Central Southeast Fresno. Many community members said that they do not feel safe in parks because of loitering or illicit activities. Residents also felt unsafe walking to parks due to speeding vehicles and lack of safe walking paths and crossings. CHAPTER 5: Parks & Open Space 133 Opportunities 7. Vacant and underutilized land. Numerous vacant parcels in the southern portion of the Plan Area present opportunities to add new parks or open space, particularly in underserved areas. This may require creative use of vacant parcels in neighborhoods, as well as new parks as part of large-scale mixed-use development or along neighborhood corridors such as Orange Avenue. 8. Abundance of public facilities and publicly owned land. A large portion (almost 25%) of the Plan Area is publicly owned, which also present opportunities to add new parks, open space, and recreational facilities in the community. 9. Existing joint-use agreements with schools. Joint-use agreements have successfully been implemented at two schools in the Plan Area (Elizabeth Terronez Middle School and Vang Pao Elementary) setting a precedent to pursue agreements at additional schools. 10. Mosqueda Center. Located in the heart of the Plan Area, the Mosqueda Center was identified as a “flagship” park in the Parks Master Plan and already serves as a central hub for community gathering and activities. Expansion and improvements to Mosqueda Center could thus benefit the large cross-section of the community that is already making use of this public amenity. 11. Engaged community groups. CSE Fresno boasts a number of engaged community groups and organizations already serving the area. The City could tap into this existing network of dedicated individuals to help sponsor park improvements, build community amenities, and take on maintenance activities. Trolley Creek Park in CSE Fresno Table Mountain Rancheria Park at the Big Fresno Fair. Photo credit: Big Fresno Fair Mosqueda Center skate park 134 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 5.4 Proposed Open Space Network The vision for parks and open spaces is shown in Figure 5-2 Proposed Open Space Network, and includes improvements to existing parks as well as conceptual locations for new parks, open spaces, and/or recreational facilities. Key elements of the proposed open space network include: • A multi-use trail along California Avenue • An indoor recreational facility/gymnasium in the neighborhoods north of Kings Canyon Road (see site at intersection of Garden and Huntington Avenues on Figure 5-2 Proposed Open Space Network). • New park spaces or recreational facilities in underserved areas and locations identified by the community include: the UMC Hospital site, the vacant lot along Huntington Avenue just north of Willow-Balch Park, on or in the vicinity of Hanoian Shopping Center and the Boys and Girls Club, the vacant parcel on the west side of Orange Avenue just north of Hamilton Avenue, and vacant parcels at the northeast corner of Cedar and California Avenues. CHAPTER 5: Parks & Open Space 135 Figure 5-2 Proposed Open Space Network 136 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 5.5 Goals and Strategies To address the community’s concerns, this plan builds on and goes beyond the Parks Master Plan recommendations to propose the following goals and strategies to improve access to parks and open spaces in Central Southeast Fresno. P-1. Increase the amount of parkland in CSE Fresno to ensure that all residents are within a 5-minute walk of a park or open space. P-1.1. Build new parks, open spaces, and recreational facilities, prioritizing underserved areas. New parks and open spaces in CSE Fresno are both a communitywide and City-directed goal. The Plan Area needs approximately 40 additional acres of parks and open space to meet the General Plan goal of 3 acres per 1000 residents. In addition, many residents expressed a desire for additional recreational facilities in CSE Fresno such as indoor gymnasiums, pools, and sports courts. Approximately 10 percent of land in the Plan Area is currently vacant and over 100 acres are underutilized, providing an opportunity to add new parks and open spaces (see Figure 5-3. Vacant and Underutilized Land). The City should seek funding for and acquire vacant or underutilized sites for open space, new parks, and recreation centers. This could include applying for grant funding, such as State of California Prop 68 funding, Community Health grants from healthcare providers, and foundation grants aimed at improving the community’s access to parks and open space. Additionally, the City should identify partnering and funding opportunities for the use or development of private or semi-private parks and open spaces, such as parks and open spaces built by economic development corporations, access to open spaces and recreational amenities at Fresno Pacific University, and open spaces built at religious institutions. Priority locations for new parks and/or open spaces include areas where residents are not within a 5-minute walk of a park, and areas identified by the community, as shown in Figure 5-2 Proposed Open Space Network. Vacant theater site across from the Fairgrounds Vacant lots surrounding Mosqueda Center CHAPTER 5: Parks & Open Space 137 Figure 5-3. Vacant and Underutilized Land 138 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN P-1.2. Encourage publicly accessible private open spaces. The City should develop incentives and design guidelines for new parks and public spaces constructed as part of new, multifamily residential subdivisions. These guidelines should include specific criteria for park placement and design and criteria for when parks should be encouraged and/or required as part of new development. In creating these criteria, the City should consider the following: • Locating pocket parks at the front of properties where they are visible to the wider community • Providing depth and size standards for the park so that visual permeability and access is maintained • Including landscaping guidance and maintenance criteria • Creating closure, opening, and access stipulations so that parks are accessible to the general public P-1.3. Convert flood control land to parks and open spaces. The City should partner with the Fresno Metropolitan Flood Control District (FMFCD) to maximize recreational opportunities at ponding basins, such as Ponding Basin Park A (along Braley Canal between Maple and Chestnut Avenues), through expanded seasonal access, redesign, grading, and amenity development in keeping with the Fresno Parks Master Plan. P-1.4. Pursue additional joint-use agreements with Fresno Unified School District. The City currently has joint-use agreements with Fresno Unified School District that enable public use of the recreational facilities at Elizabeth Terronez Middle School and Vang Pao Elementary. The City should continue to pursue joint-use agreements with the school district to allow public access to additional schools in CSE Fresno, expand the hours school recreational facilities are open to the public (i.e. evenings, weekends) and include access to indoor facilities at schools (e.g. gyms). Priority schools for new joint-use agreements, as identified by the community, are Sequoia Middle School and Lane Elementary School. This strategy works in tandem with Strategy P-3.1 to provide both the use and programing of joint-use facilities to provide CSE residents access to a range of opportunities to enhance their health and wellbeing. Publicly-accessible park as part of a housing development Pocket park CHAPTER 5: Parks & Open Space 139 P-1.5. Pursue joint-use agreements with the Fresno Fairgrounds. At one time the City had a joint-use agreement with the Fresno Fairgrounds to use the vacant overflow parking lots next to Mosqueda Center for sports fields. The Fairgrounds covers approximately 70 acres of the Plan Area, most of which is only used for a short duration during the year, and is otherwise vacant or underutilized. The City should strive to reestablish a joint- use agreement with the Fairgrounds and the County of Fresno to use vacant and surface parking lots (such as those next to Mosqueda Center) for sports activities, community events, and other temporary uses when the Fair is not in session. Vacant lot transformed into temporary park / event space. Photo credit: 880Cities 140 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN P-2. Improve the quality and safety of parks in CSE Fresno. P-2.1. Renovate and upgrade existing park facilities to support the recreational, physical, and social needs of residents. Most of the parks in the Plan Area are in need of equipment repairs and upgrades. Resident feedback also suggests a mismatch between current park amenities and the types of activities the community would like to engage in. Providing better and more usable parks and open spaces will attract activity, improve safety, and foster a sense of stewardship. The City should work to renovate and upgrade existing park facilities and add new amenities over time. For example, the City could install new park fitness equipment and other amenities, including bilingual signage and running paths, that promote increased physical activity and overall use of park facilities. The City should pursue funding outside of the General Fund, such as State of California Prop 68 funding, Community Health grants from healthcare providers, and foundation grants aimed at improving the community’s access to parks and open space. Given their recent partnership and success in securing grant funding, the City should consult with the Calwa Recreation and Park District and Fresno Building Healthy Communities on future Prop 68 grant applications. Priority parks for new and improved amenities are Mosqueda Community Center and Park, and Pilibos Soccer Park. The City should prioritize park amenities that the community favors and that have the most potential to activate these spaces by drawing people in. The types of park amenities identified by the community as a priority include: • Aquatic facilities (pool, splash pad) • Fitness equipment • Classrooms • Commercial kitchens • Restrooms and water fountains • Shade structures CHAPTER 5: Parks & Open Space 141 P-2.2. Upgrade existing parks in a way that promotes natural surveillance or “eyes on the street” to deter illicit activities. Well designed and maintained parks and public spaces feel inviting and foster increased activity, which in turn deters illicit activities. In designing new parks and improving existing streetscapes, parks, and open spaces in the Plan Area, the City should incorporate crime prevention through environmental design (CPTED) principles based on a natural surveillance approach, including: • Fixing and installing additional LED lighting in and around parks and community spaces to enhance visibility and safety • Creating well-defined and visible points of ingress and egress • Establishing natural surveillance through “eyes” on the public space from adjacent buildings, streets, and from within the public space • Encouraging programmed activities that increase use • Implementing regular maintenance and timely repairs • Designing landscape areas that consist of trees, low shrubs, groundcovers, and grasses to maintain visibility into and out of public spaces. P-2.3. Increase patrolling and enforcement around parks and open spaces. The police and community watch presence in public spaces should be expanded to ensure that CSE Fresno’s parks and open spaces remain as safe and free of crime as possible. The PARCS department should coordinate with the Fresno Police Department to focus and increase police patrolling and enforcement around parks and community spaces. In addition, the City could pursue funding to provide a dedicated “park ranger” or “park manager” to monitor parks in the Plan Area and serve as a steward of the parks. A dedicated park ranger could deter illicit activities and help organize community park maintenance. The park ranger could be a dedicated Fresno Police Officer or a civilian Community Service Officer. Open space with shade structures Multi-use trail 142 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN P-2.4. Pursue creative solutions to fund and support improved and ongoing park maintenance. Attractive and high quality parks, public spaces, and recreation facilities generate a sense of pride, encourage active use of facilities, and improve safety. Funding for the creation and on- going maintenance of public open space is a challenge for all California communities, and Fresno is no exception. A creative and multi-faceted approach is needed. Future maintenance needs, including sufficient staffing, should be anticipated early in the design process and should consider the available maintenance budget. When renovating or building new parks and recreational facilities, the City should use durable materials and equipment and install low-maintenance, drought-resistant landscaping whenever possible to reduce maintenance time and costs. The PARCS Department should define park maintenance zones and ensure that every park over 10 acres in size includes a small maintenance yard to facilitate regular upkeep consistent with the Parks Master Plan recommendation. In addition, the City should pursue outside funding and support for park maintenance. For instance, the City could partner with local community organizations and volunteers to help establish a “Friends of the Park” neighborhood group for each park that would pursue grants for park upkeep and organize community cleanup days. P-3. Expand recreational programming and facilities to meet the needs of users of all ages and abilities. P-3.1. Expand programming at parks and community facilities to provide diverse opportunities for physical activity, creativity, learning, and social interaction. Throughout the planning process, the CSE community expressed the desire for new and improved recreational programming, particularly for children and seniors. Community events, afterschool programs, educational, arts and fitness classes, to name a few, can provide much-needed opportunities for social interaction, no or low-cost physical activity, and childcare alternatives for parents. Additionally, parks and open spaces that flexibly accommodate and support a broad range of activities and programming are more likely to be frequented by larger numbers of people who live in the neighborhood and as a result feel more engaging and safer due to the increased level of local ownership and natural surveillance. The City should work to improve and expand programming at parks to meet the physical and social needs of users of all ages and abilities. This could include partnering with schools and community-based organizations such as the Boys and Girls Club, Reading and Beyond, and others to provide a range of programming and activities. The first step would be to evaluate existing community programs, assess needs, and develop more programming to fill gaps or shortcomings in content and scheduling. The types of park programs and activities identified by the community as a priority include: • Aquatic activities (swim lessons) • Gardening • After-school programming • Cooking • Activities for seniors (e.g. art classes, fitness classes) • Fitness classes (e.g. Zumba) CHAPTER 5: Parks & Open Space 143 P-3.2. Increase awareness of existing community facilities and programs. CSE Fresno is home to a number of community groups and organizations that provide valuable community services and recreational programming in addition to those offered by the City. Through the planning and outreach process, it became clear that many residents may not be aware of these programs. To ensure that the community is taking full advantage of existing resources, the City should create a marketing and outreach campaign to better inform residents about existing community facilities, services, and programs. This could include: • A directory of CSE community organizations and programs • Informational brochures, mailers, and web resources to highlight existing community facilities, services, and programs • Community ambassadors • Community kiosks to provide residents with easy access to neighborhood information and promote community activities and events Splashpad. Photo credit: Greenville Parks & Recreation Outdoor fitness class. Photo credit: gothammag.com 144 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 6: Economic Development 145 economic ch. 66 development 146 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 6: Economic Development 147 6.1 Introduction Economic development will be instrumental in driving economic activity and investment to transform CSE Fresno into a thriving and successful area. Throughout the planning process, CSE Fresno residents emphasized the need for accessible and affordable education, training, and career pathway programs that will expand and diversify employment opportunities for residents. In particular, youth programs that offer vocational training and access to apprenticeship and internship opportunities to foster early career development are needed. Proactive economic development initiatives have the potential to address these key community priorities by fostering job creation, supporting local business development and retention, developing a dynamic area with a strong sense of place, and boosting access to community benefits. Though CSE Fresno has various physical and socioeconomic obstacles to overcome, this Plan presents an opportunity to implement a place-based economic development strategy centered on inclusive community benefits and improving prosperity and economic mobility for local residents and workers. To do so, this Chapter includes goals and strategies that focus on improving the appearance of CSE Fresno’s commercial areas, diversifying the economy, capitalizing on the area’s existing strong community of small independent businesses/entrepreneurs and rich cultural identity, and expanding access to education, technical assistance, and capital resources. 6.2 Existing Conditions CSE Fresno, though adjacent to several high performing neighborhoods, struggles economically and is characterized by high rates of poverty and unemployment. With educational attainment levels and labor force participation rates well below City averages, the Plan Area’s median household income is just under $26,000, half that of Fresno overall (US Census 2010; US Census American Community Survey (ACS) 2011-2015 5-year estimates). Although the CSE Fresno populace is notably younger than the remainder of the City, its residents are more likely to report health concerns and limited access to healthcare. Overall, economic opportunities and achievements in the Plan Area appear more limited than in the City as a whole. CSE Fresno’s employment base is also mismatched with the skills and capabilities of its population. Commuters residing outside the Plan Area fill approximately 94 percent of all jobs in CSE Fresno, whose economy is focused in sectors such as health care and social assistance, retail trade, and accommodation and food services. Meanwhile, only 3 percent of employed CSE Fresno residents work within the neighborhood, opting instead for employment in manufacturing positions both in nearby industrial areas and other parts of the City (US Census LEHD OnTheMap, 2015). Overall, CSE Fresno’s economy is constrained with limited potential for growth. The Plan Area’s single largest employer – the Internal Revenue Service (IRS) tax processing center at Willow and Butler Avenues – is scheduled to shut down in 2021, resulting in the loss of around 3,000 jobs. Most other economic activity is focused primarily around a few major retail nodes along the Kings Canyon corridor – an area that has also absorbed much of the newer construction. However, nationwide trends relative to the decline of brick and mortar retail, coupled with indications of a weakening real estate sector, highlight the need to diversify commercial offerings and economic opportunities in CSE Fresno. economic development 148 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 6.3 Issues and Opportunities In order to transform the CSE Fresno area, the City and the community must work with existing impediments and issues to help actualize the potential opportunities. Below is a brief summary of the existing economic issues and opportunities in CSE Fresno. Issues 1. Socioeconomic obstacles. Incomes in CSE Fresno are well below that of the City, with over 60 percent of households earning less than $35,000 per year. Over half of CSE Fresno households fall below the poverty line and average unemployment rates for CSE Fresno are higher than the City overall. Combined with lower levels of educational attainment, CSE Fresno residents face significant barriers to attaining higher-wage jobs, upward mobility, and improved quality of life. 2. Limited economic development opportunities. Economic growth potential is currently constrained due to both socioeconomic and market-related factors. Apart from the IRS Tax Processing Center, most economic activity in the area is focused around a few major retail nodes along the Kings Canyon corridor, which may experience steady declines based on changing market dynamics. Moreover, though CSE Fresno is home to many small businesses, low levels of educational attainment and professional training may limit the potential for entrepreneurial behavior. 3. Labor force / jobs mismatch. Most employed residents in CSE Fresno are not equipped with the skills and experiences that employers in the area demand. This dynamic causes an over-reliance on out-of-area workers, which reinforces unsustainable commuting patterns. 4. Sluggish real estate market. Home and rental values in the Plan Area are well below City averages. Residential real estate transaction sales activity is also light due in large part to low population and household growth, low homeownership rates, and significant housing cost burdens in the area. Retail and office inventories have remained flat and vacancy continues to increase, while lease rates are declining. More than half of the area’s office inventory will soon become vacant after the closure of the IRS building. Opportunities 1. Vacant and underutilized land. Vacant and underutilized parcels in the Plan Area offer the opportunity for reuse and revitalization and the development of new employment-generating uses. 2. Robust home-based and small business community. CSE Fresno is an entrepreneurial community with many small and home-based businesses. Many local merchants are looking for opportunities to scale up operations or establish a brick and mortar storefront. 3. Specialized retail markets. Kings Canyon Road is a major retail corridor and the focus of much of the newer construction and economic activity in the Plan Area. With stronger branding and promotion, there is potential to build and expand on the area’s strong retail presence, particularly for specialized ethnic offerings, to turn CSE Fresno into a unique cultural, arts, and shopping destination. CHAPTER 6: Economic Development 149 4. Existing economic development programs and resources. Existing economic development service providers such as Fresno Economic Development Corporation, Fresno Regional Workforce Development Board, Fresno Pacific University’s Center for Community Transformation, and Fresno State Small Business Development Center provide an array of resources to support small businesses, including assistance with developing a business plan, securing financing, and maneuvering permits and licensing. In addition, CSE Fresno residents have access to post-high school education and job training/support through the Workforce Innovation and Opportunity Act Year-Round Youth Services, Fresno Unified School District-Fresno Adult School, and Central Unified School District – Central Learning Adult School, among others. However, these services have not been publicized to every sector of the community, offering opportunities to offer better coordinated service provision and awareness in the neighborhood. 5. Engaged community groups. CSE Fresno boasts a number of engaged community groups and organizations already serving the area. Many organizations and nonprofits are working to improve social and economic outcomes in CSE Fresno. Improving the capacity and networks of these existing organizations will improve their ability to serve the community. 6. Target Industries. Bolstering and creating opportunities in target growth industries such as health care and personal services; educational services; data processing and call centers; and manufacturing, warehousing, and distribution uses offer opportunities for diversification, revitalization, and improved economic opportunities for CSE Fresno residents. 7. Nearby employment centers. Nearby expanding industrial nodes such a South Industrial Priority Area, coupled with other major employment centers throughout the Fresno region, can offer dynamic new job opportunities for CSE Fresno residents. Expanding and improving access to workforce training will be critical to ensure that the resident workforce is better prepared with the skills to acquire these higher-paying jobs. Downtown Fresno. Photo credit: Fresno Bee IRS Processing Center - a key opportunity site 150 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 6.4 Targeted Industry Sectors Economic diversification in CSE Fresno can offer much needed opportunities for revitalization and improved economic outcomes for residents. Sectors that can spur positive growth in the Plan Area include health care and personal services; educational services; data processing and call centers; and manufacturing, warehousing, and distribution. These targeted industry sectors are described further below. • Health care and personal services. Health care and personal services are in significant demand throughout the nation from the aging Baby Boomer generation to the growing Generation “Z.” While the future of the Affordable Care Act is uncertain, it and the associated Medicaid expansion have had the effect of further increasing demand for health services. Employment in health care and personal services has demonstrated growth in the Plan Area and is expected to continue. The location of medical clinics, skilled nursing facilities, adult daycare, and other healthcare and personal services proximate to all of the medically needy populations should be a focus of CSE Fresno planning efforts. • Educational services. Educational services provide important institutional uses that can contribute to improvements in the built environment and offer critical opportunities for workforce development. Attracting educational service providers to CSE Fresno should be a cornerstone of future economic development efforts. Trade schools and smaller-scale certificate programs focused on the medical, construction, energy, information technology, and other industries offer critical workforce development opportunities that will improve CSE Fresno and the City’s ability to attract businesses reliant on these skills. For example, Fresno State’s planned First Responders Center (just south of the Plan Area) will include academies for police, fire and emergency services that could provide valuable job training opportunities for CSE residents. With the availability of bus rapid transit along the Kings Canyon corridor, this area is well-positioned to accommodate in- commuting students. • Data processing and call centers. Data processing and call center activities are a primary focus of ongoing economic development efforts in the City. Reliant upon adequate fiber optic and broadband service as well as a seismically stable environment, these industries are a natural fit for the City of Fresno and its workforce. CSE Fresno may be able to attract some of these uses, and the IRS tax return processing site may be appropriately repositioned for these uses. • Manufacturing, warehousing, and distribution. Manufacturing, processing, warehouse distribution, and fulfillment centers are primary sources of employment for CSE Fresno residents. Sites appropriate for expansion of these uses are limited as they generally need to be in excess of 100 acres with easy access to major freeways and other modes of transportation. However, to the extent that sites suitable for a subset of low-impact industrial uses are identified (with consideration to appropriate site adjacencies and impacts on surrounding neighborhoods), the City should continue efforts to attract these users to CSE Fresno, as they provide critical employment opportunities aligned with current workforce characteristics. CHAPTER 6: Economic Development 151 6.5 Goals and Strategies This section details the goals and strategies that will help jumpstart an inclusive economic development program for CSE Fresno. These recommendations focus specifically on rehabilitating the public realm to attract renewed private investment, providing targeted support to small- and medium-sized local businesses, and strengthening job training and education initiatives to allow residents to better compete in the marketplace. ED-1. Improve the appearance and cleanliness of CSE Fresno to attract new businesses, customers, and investment. ED-1.1. Identify targeted opportunity sites and areas with economic development potential. Planning and revitalization efforts should focus on identifying and positioning vacant and underutilized sites for new desired uses, paying particular attention to access, land use adjacencies, infrastructure needs, and site configuration. The City should evaluate underutilized and vacant opportunity sites that may satisfy the space demands of key industry targets mentioned above. Along with these efforts, City staff will need to work assertively to identify potential reuse opportunities for the IRS facility, overcoming challenges associated with the site’s location well away from major transportation corridors and within a predominantly residential neighborhood. The City should pursue additional Environmental Protection Agency Brownfields Grant Funding to identify sites that have contamination that may inhibit potential development. These funds can also be used to conduct market studies and develop strategic development road maps. These grants can be pursued in coalition with groups such as Fresno County Economic Opportunities Commission (EOC), the County of Fresno, and community development corporations. Light industrial / makerspaces Bitwise Industries in Downtown Fresno. Photo credit: Fresno Bee 152 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN ED-1.2. Encourage and facilitate the reuse and revitalization of existing development. Entrepreneurs and small businesses need flexible, affordable commercial space to expand and scale up their operations. Residents and businesses specifically expressed interest in flexible makerspaces and a community commercial kitchen to support caterers and mobile vendors. The Plan Area is characterized by underperforming and dated strip retail that could be strategically repurposed for better, more valuable uses. To accommodate local entrepreneurs, City staff should work to identify existing reuse opportunities for small/flexible retail spaces, commercial kitchens, makerspaces, and other types of uses desired by the community. The City should develop design and resource guides regarding adaptive reuse and rehabilitation and convey them clearly to property owners. Efforts to reuse and revitalize existing commercial spaces can be further advanced by developing incentives for landlords to update older structures, creating streamlined and clear permitting and inspection processes, and partnering with the commercial brokerage community to connect local merchants and entrepreneurs to local real estate opportunities. This strategy works in tandem with Strategy ED-1.6 to provide both indoor and outdoor/ temporary spaces in the community where mobile vendors and small local businesses can showcase culturally-themed merchandise, including arts and crafts and ethnic food reflective of CSE Fresno’s entrepreneurial spirit and diversity. Adaptive reuse opportunities will continue to expand in the future as existing structures outgrow their original programming purposes and become increasingly underutilized. At present, the City has identified Orange Avenue as one such as area with properties ripe for adaptive reuse (See Strategy LU-3.2). ED-1.3. Invest in needed public infrastructure (e.g., water, sewer, stormwater) at key opportunity sites to provide “shovel-ready” development opportunities. A complete analysis of opportunity sites should consider deficiencies in terms of access and infrastructure and identify critical improvements to address them. Based on a comprehensive inventory of infrastructure needs, the City should prioritize improvements that present the greatest opportunity to spur redevelopment and investment, seeking to reduce private sector uncertainty, development risk, and costs. The prioritized list of infrastructure improvements should be coordinated with improvements to the public realm (see Chapters 3 and 4). As part of this strategy, the City, in coordination with the appropriate City Councilmember’s office, should develop an infrastructure funding and financing strategy to effect critical improvements that will create “shovel-ready” development sites. ED-1.4. Establish a consistent corridor maintenance program. For potential investors and shoppers, first impressions are crucial. Poor maintenance of public and private property suggests that the City and community does not care about the neighborhood. Establishing more frequent trash pick-up, street sweeping, and other appropriate maintenance schedules will noticeably improve the appearance and image of CSE Fresno and help attract new businesses and customers. To the extent possible, maintenance efforts should be coordinated with other public streetscape improvements along the area’s priority corridors - Kings Canyon Road, Orange Avenue, and Butler Avenue (see Chapters 3 and 4 for additional information on recommended street and streetscape improvements). CHAPTER 6: Economic Development 153 Effective corridor maintenance is dependent upon a stable source of revenue and community- based organized leadership. A Business Improvement Area (BIA) or a Property-Based Improvement District (PBID) may be one avenue the City could explore to generate revenue for enhanced maintenance of streets, sidewalks, plazas, and other publicly spaces. With limited public resources, it will also be important for the City to help organize and coordinate local community and faith-based organizations, businesses, and resident volunteers to conduct clean ups and other beautification efforts. These types of efforts can instill a sense of pride and community ownership, while providing consistent corridor maintenance that businesses can embrace and strengthen over time. ED-1.5. Expand code enforcement efforts targeting blighted and underutilized sites. Resolving existing issues related to blight and disinvestment will be critical to creating a clean and attractive environment that invites new investment and business activity. Efforts to remove existing blight should rely upon a “carrot and stick” approach that includes incentives for landlords to improve their properties coupled with enforcement of existing codes and policies. The City should inventory chronic code enforcement issues and develop a proactive code enforcement strategy, targeting blighted and vacant sites along key commercial corridors and near high- activity areas such as parks and schools. The City should also work to educate merchants and residents regarding code enforcement policies and how to report code enforcement issues in their community. This Strategy works in tandem with Strategy PS-2.1, as it provides the added benefits of reducing public health hazards within buildings and increasing a sense of safety for community members navigating the public realm. Public infrastructure project. Photo credit: City of San Rafael Community cleanup and beautification 154 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN ED-1.6. Allow and encourage temporary uses (e.g., food trucks, pop-up retail, farmer’s markets) to activate vacant spaces and attract new businesses and development. Activation of vacant spaces in the Plan Area through temporary commercial uses will not only mitigate blighted conditions and create a more vibrant public realm, but also contribute to community and business development efforts. Temporary uses such as food trucks, pop-up retail, farmer’s markets, and street bazaars offer an opportunity for local business owners to market and sell their goods and services with the added benefit of offering a community gathering space where residents and employees can congregate. These also provide an opportunity to contribute to networking and capacity-building efforts. In order to ensure that opportunities associated with activation of public spaces through temporary uses are maximized, the City should review existing regulations and permitting processes to ensure the process for the desired uses (e.g. street vendors, live music) is not too burdensome, costly, or time consuming. There should be a particular emphasis on ensuring that the hours of allowed operations are calibrated to the community’s needs and consumer demand. While there is vacant and underutilized land suitable for such uses throughout the Plan Area, the overflow parking lots at the Fresno Fairgrounds represent ideal sites given their strategic location and sizable area (See Strategy LU-4.3). CHAPTER 6: Economic Development 155 ED-1.7. Develop a distinctive brand for the area as a unique cultural, art, entertainment, and retail destination. CSE Fresno’s cultural offerings should be highlighted and emphasized to distinguish and promote it as unique destination for art, entertainment, and ethnic retail establishments. Unfortunately, CSE Fresno’s rich cultural identity and assets are not always reflected in the area’s overall built environment or reputation. Developing a distinctive, authentic, and unique brand for CSE Fresno will cultivate a stronger sense of identity and allow the community to market its social and commercial assets to attract new residents, employers, visitors, and investors. As a first step, the City should work with neighborhood groups, the arts community, and merchant networks to develop a distinctive and grassroots vision for the Central Southeast community that identifies signature elements of the community, with consideration to the Plan Area’s history, architecture, people, merchants, and institutions. Based on that vision, the City should develop and execute a comprehensive community branding and promotional strategy that implements the community’s vision and that plays to the area’s history, cultural heritage, and other strengths. For instance, incorporating culturally-themed gateway elements, wayfinding signage, public art, and streetscape amenities could create a cohesive and recognizable identity for CSE Fresno. This strategy should also include creating eye-catching promotional materials, establishing a better social media presence, and creating a website with an online business directory and calendar of events. Branding efforts should be undertaken for both CSE Fresno as a whole and individual subareas, as appropriate (see Strategy CE-1.3). Strategy LU-1.3 provides an example of how the Kings Canyon Corridor could benefit from a well-coordinated and targeted branding effort. Distinctive and artistic streetscape elements Gateway feature. Photo credit: thebolditalic.com 156 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN ED-1.8. Establish a Facade Improvement and Beautification Program. Revitalizing storefronts through simple improvements such as repairs, new paint, and attractive signage can create positive visual change in the neighborhood and improve economic vitality as consumer traffic increases and neighboring businesses and property owners are encouraged to implement similar improvements. Studies have demonstrated that improvements to the visual character of buildings can have real effects on business economics, generating sustained increases in sales activity. The City should develop a Facade Improvement and Beautification Program to encourage property owners and businesses to improve building facades and rehabilitate the interior and exterior of aged and neglected buildings. This could include incentives such as matching grants or loan programs, tax incentives, or design and other technical assistance. For example, Kings Canyon Road is once such area that could benefit greatly from such a program’s implementation (see Strategy LU-1.4). Funding for such a program will likely require aggressive pursuit of federal and state grants as well as the potential dedication of public funds. The City, the applicable district Councilmember’s office, and community-based business associations should work with businesses and property owners, financial institutions, and foundations to pursue a variety of potential funding sources, such as loans and grants. The City could also opt to dedicate a portion of increased sales or property tax receipts to sustain the program. Facade improvement through artistic murals Well-maintained streetscape amenities and storefronts CHAPTER 6: Economic Development 157 ED-2. Foster the creation, retention, expansion, and attraction of local and small businesses. ED-2.1. Convene an Economic Development Working Group to develop a neighborhood-based economic development strategy. A neighborhood-based economic development strategy would position Central Southeast to compete and connect to surrounding institutions and employers while also addressing place- specific quality of life factors, local labor resources, and employment and business opportunities. The City should convene an Economic Development Working Group of community groups, merchants, property owners, educational institutions, and local economic development service providers to create a neighborhood-based economic development strategy for CSE Fresno focused on placemaking, cultivation of the entrepreneur community, expansion and retention of local small businesses, and capacity building. The Working Group will provide a forum to evaluate and address community-specific issues and build organizational capacity at a grassroots, neighborhood level. The City should participate in a supporting and coordinating role, ensuring that the Economic Development Working Group has access to key City staff and policy makers. These Working Group efforts should be coordinated and integrated with the neighborhood branding efforts, business liaison role, and other economic development efforts described in this chapter. Due to the substantial Black, Indigenous, and People of Color (BIPOC) population in the Plan Area, the Economic Development Working Group should ensure that PIPOC businesses are prioritized and materials should be developed in multiple languages. Implementation of local economic development initiatives can be resource-intensive, and the City and Working Group will likely need to evaluate and pursue a variety of funding resources such as federal and state grants, emerging tax increment financing mechanisms, business improvement districts, and other revenue sources. The City could also support the Working Group and community partners by helping mobilize support for initiatives through both financial means (such as applying for grant funding) as well as other grassroots campaign techniques (e.g., social media based crowd-sourcing or funding). Neighborhood-Based Economic Development Neighborhood-based economic development strategies focus on neighborhood-level interventions and actions to foster improved economic outcomes, opportunities, and community vitality. While traditional economic development efforts focus primarily on attracting major employers, neighborhood-based economic development focuses on smaller-scale local interventions and a “bottom-up” approach that involves community members in the process and emphasizes strategies to increase local economic opportunities, promote citizen control and self-determination over economic outcomes, and improve equity. 158 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN ED-2.2. Provide incentives and financial assistance to support small businesses in CSE Fresno. Small business development is a major driving force behind job creation and cultivating small business opportunities is a cornerstone of neighborhood-based economic development strategies. The City should evaluate and expand existing support programs and incentives to help small businesses start, grow, and expand. This could include financing assistance, permitting assistance, and a partnership with Fresno Pacific University’s Center for Community Transformation to provide technical assistance programs that offer services such as business development strategies, business planning services, management training, and a wide variety of related services. Often, access to capital is the primary determinant of whether a business will grow and survive over the long-term. By collaborating with community organizations and non-profit credit unions to provide financial literacy education (e.g., how to navigate the lending process and apply for the appropriate loan product), offering workshops on improving credit scores, and establishing a microloan program, the City could improve access to capital for CSE small businesses. CHAPTER 6: Economic Development 159 ED-2.3. Hire a business liaison focused on assisting small and local businesses. A number of existing economic development service providers and programs exist to facilitate the development and growth of small business enterprises. For example, the Governor’s Office of Business and Economic Development offers a number of small business incentive programs through the Office of Small Business Advocate (OSBA). Local Community Development Financial Institutions (CDFIs) and other providers offer financing and business assistance for small and developing businesses. Local service providers such as Fresno Economic Development Corporation, Fresno Regional Workforce Development Board, Fresno Pacific University Center for Community Transformation, and Fresno State Small Business Development Center provide an array of resources to support small business, including assistance with developing a business plan, securing financing, and maneuvering permits and licensing. Unfortunately, many residents and businesses may not be aware of or able to access these services. The City can play a key role in facilitating and coordinating access to existing and new programs by hiring a local small business liaison to help connect small businesses and entrepreneurs with various nonprofit providers, financial institutions, and local, state and federal government programs, offering both education regarding available resources as well as technical application assistance. The business liaison could also help small and local businesses navigate permitting and other regulatory compliance processes. The person hired for this position should be bilingual and understand the business community in CSE Fresno. ED-3. Expand availability of and access to worker and student education, job training, and placement programs. ED-3.1. Conduct a study to identify and document workforce skills and labor resources of CSE residents. Many residents in CSE Fresno are not equipped with the skills and experiences that employers in the area demand. In coordination with the neighborhood-based economic development strategy described previously, the City should undertake a concerted effort to better understand current labor market dynamics and trends in CSE Fresno. As a first step towards understanding and addressing this skills mismatch, the City should commission a study to document the existing workforce skills and labor resources present in CSE Fresno, taking into consideration the commute patterns and socioeconomic characteristics of the population. This study will provide important information regarding the types of opportunities for which CSE residents are qualified and will help to identify key skills gaps and workforce training needs. The study should also evaluate the role that new and emerging businesses play in the local economy, seeking to understand home-based business and sole proprietor business dynamics. 160 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN ED-3.2. Work with educational institutions and workforce development providers to expand and create new education and training programs based on employer/industry needs. Trends in employment opportunities throughout the Fresno region should be evaluated to understand the likely characteristics, education, and training requirements of job opportunities for CSE residents. The City should work with its various job training partners, such as the Fresno Regional Workforce Development Board, as well as educational institutions such as the Fresno Adult School and Fresno City College to expand job training opportunities for CSE residents, customizing training to meet employer/industry needs and address the skills gaps identified by the workforce study (see Strategy ED-3.1). Adult education initiatives should focus not only on current employment needs and trends, but also look forward ensuring that skill development and labor resources evolve with changing technological and employment requirements. Job training programs and workshops should use a holistic approach to accessing employment opportunities by incorporating foundational and soft skills such as English-language speaking, resume writing, and interviewing. Increasing the education level, English language skills, and vocational credentials of the adult workforce is central to growing the CSE Fresno economy and reducing economic disparities. CSE Fresno residents may also face barriers to accessing available workforce development and career pathway resources, such as cost, hours, and proximity to home. To improve access, economic development service providers should have an on the ground presence in the community, offering local classes, workshops, and activities at convenient times and locations and attending local events such as swap meets, festivals, farmers’ markets, and other local community gatherings. ED-3.3. Partner with private industry to bring recruitment, job training, and apprenticeship programs to the neighborhood. Many applied manufacturing and industrial technology applications require extremely specialized training and many companies are turning to apprenticeship and onsite job training programs to cultivate needed labor resources. These efforts can be costly, requiring intensive up-front investment in employee development. The City should coordinate with trade unions, the San Joaquin Valley Manufacturing Alliance, and local employers, particularly those located proximate to the Plan Area to identify employment and labor resource needs and develop strategies and incentives to bring job training and apprenticeship opportunities to the neighborhood. Such an approach can benefit both the community and employers by training residents for and connecting them to local employment opportunities and ensuring that local industry has access to a more robust pipeline of qualified workers. Incentives for employers to participate may also include grant or matching funds, tax benefits, or other economic development incentives offered by the City. ED-3.4. Integrate economic development, workforce training, and placement programs with social service and youth development programs. Barriers to economic mobility in CSE Fresno are not limited to difficulties accessing employment opportunities. Social issues such as substance abuse, behavioral health, and mental health are also key factors in socioeconomic struggles throughout the community. Furthermore, access to employment and job training resources can be difficult for those families without access to reliable childcare. These dynamics can lead to inter-generational struggles with poverty that need to be addressed through holistic economic development, social service, and youth development strategies. CHAPTER 6: Economic Development 161 The City should work with social service providers to ensure the provision of integrated social and economic development services, combining addiction and mental health services with job training and placement programs. Economic development and job training workshops should include resources for parents – onsite childcare, information regarding school transportation options, after school programs and activities, and other resources. These programs should similarly be coordinated with youth development programs that seek to develop the next generation of workers and business owners and offer resources such as tutoring, internship and apprenticeship opportunities, college admissions and preparatory courses, scholarship information, financial literacy, and other skills that will prepare youth to enter the workforce. ED-3.5. Work with local schools and employers to advertise and expand career development opportunities for youth. To help youth achieve professional success, robust educational, career, and job skills offerings must be provided. Local schools can help educate students regarding college preparatory programs, local post-secondary training, and post-college career paths, and connect students to employment opportunities. For example, community colleges often offer valuable applied manufacturing and technology training programs, which should be promoted to high school students as part of a comprehensive list of post-secondary education options. Continuing support for existing organizations that offer youth programs (particularly those focused on career exploration and job readiness) and increasing the number of counselors in schools will ensure that youth have the information and resources necessary to pursue college and vocational training, such as how to navigate the application process and financial aid options. The City should also work with local high schools, universities (i.e. Fresno Pacific University and California State University, Fresno), and employers to expand training and career development opportunities for youth. This might include creating vocational, internship, and mentorship programs for youth to develop skill sets and increase experience levels. Supporting youth with valuable skills and resources will set them up to acquire well-paying employment in the future. Job training. Photo credit: Fresno Adult School Fresno Adult School. Photo credit: fas.edu 162 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN ED-3.6. Consider first-source hiring programs that encourage businesses locating around CSE Fresno and Southwest Fresno to hire and train local residents. Incentives for hiring and training local residents can complement local economic development efforts. The City should consider creating a first-source hiring program for CSE Fresno, taking care to devise incentives for local hiring policies without dampening private sector interest in the CSE Fresno community. These efforts must also be coordinated with job training and other workforce development programs to ensure that the available labor resources meet the needs of targeted employers. ED-3.7. Develop a coordinated marketing campaign to increase awareness of education, job training, and placement programs. While many education and workforce development resources exist, residents may not be aware of available workforce development and career pathway resources. In coordination with other economic development initiatives, the City and other economic development service providers should develop a coordinated marketing campaign to better inform residents of available education, training, and job placement resources and programs. Promotion of workforce resources through partnerships with local community organizations, schools, churches, libraries, and other educational institutions will inform more residents about services including information on how to apply and pay for certification and degree programs. For example, the City and its partners could staff information booths at local events that provide merchants, employees, and residents information regarding economic development, social services, youth development, workforce training and employment programs, as well as other community- based activities and opportunities. CHAPTER 7: Quality of Life 163 quality of lifech. 77 164 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 7: Quality of Life 165 quality of life 7.1 Introduction Neighborhoods represent the largest single land use in CSE Fresno and are the backbone of the community. Throughout the planning process, residents consistently stressed the need to improve the quality of life in CSE neighborhoods by providing safe and attractive places for residents to live and recreate, inclusive engagement, and meeting basic needs, including shelter and access to healthy food and medical services (see Figure 7-1. Examples of Healthy Communities Components). Residents envision a safe and healthy CSE Fresno that has well-lit and well-used streets and parks, welcoming public spaces to socialize, recreate, and celebrate community, farmers markets and community gardens to access and grow healthy produce, and culturally-competent mental and medical services. Promoting community- based health and safety programs can bring many benefits to CSE Fresno, including better health and well-being, equity, economic opportunity, and community resilience. This chapter focuses on improving quality of life in CSE Fresno by addressing the following topics: • Public health – promoting healthy lifestyles and improving access to active spaces, healthy foods, and medical services. • Public safety – providing safe, clean, and well-lit public spaces and improving police-community relations. • Environment and environmental justice – improving the quality of the physical environment, promoting sustainability, and addressing pollution and other hazards that affect this community. • Community empowerment – building resident capacity to take ownership of their neighborhood. Figure 7-1: Example of Healthy Communities Components Figure 7-1 shows examples of key elements that contribute to a healthy community. 166 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 7.2 Existing Conditions Health A community’s overall health depends on many factors. Eating well, staying active, and seeing a doctor all influence health. In addition, there are various socioeconomic and environmental factors that determine an individual’s well-being. These include access to social and economic opportunities, the quality of education, neighborhood conditions, a sense of public safety, and the cleanliness of water and air, among others. These conditions can explain why some people are healthier than others and why the locations where people live and work matter for community health. Overall Health and Healthcare Access Generally, adults and children within Central Southeast Fresno experience poorer health conditions than residents both in the City of Fresno and State of California. Adults have significantly higher rates of asthma, fair to poor health conditions, and obesity. Approximately 28 percent of CSE residents are in fair or poor health as compared to 23 percent for the City overall and 19 percent across California. Data also suggests the rate asthma emergency room visits and percentage of babies with low birth weight are higher in CSE Fresno than the State (Centers for Disease Control and Prevention (CDC) - Behavioral Risk Factor Surveillance System, 2017). Access to medical facilities and services is essential for obtaining preventive health care and improving overall health outcomes. CSE Fresno is considered a Health Resources and Services Shortage Area, a Federal designation given to areas that demonstrate a shortage of healthcare professionals, including primary care, dentist, and mental health providers, within certain geographic areas, population groups, or facilities (US Health Resources and Services Administration (HRSA), 2016). Since the closure of the County hospital at Kings Canyon Blvd and Cedar Ave, there are no public or private hospitals in the Plan Area, and few health clinics. In addition, one in four residents lack basic health insurance. Many of the residents and households in CSE Fresno are linguistically isolated, which poses another barrier to obtaining quality health care. A lack of health insurance is often related to delayed medical care and emergency room visits. Food Access Poor health outcomes are often linked to the inability to afford or access healthy food. Residents who have access to a full-service grocery store tend to eat more fruits and vegetables, have lower body weights, and lower rates of chronic diseases. Supporting local food production can also reduce the distance food is shipped, lowering the environmental footprint of food production and distribution. “Food access” is based on physical access to a food store (e.g., supermarket, large grocery store, etc.). While CSE Fresno is not considered a “food desert,” there are a limited number of healthy food retailers. There are no nearby farmers markets that service the area, and few community gardens. In addition, residents have cited a preponderance of beer, wine, liquor, and convenience stores and smoke shops in the area that are less likely to sell healthy food. Approximately 25 to 50 percent of households in the area receive food assistance (SNAP benefits), suggesting that food insecurity is also an issue (US Census American Community Survey (ACS), 2013-17). CHAPTER 7: Quality of Life 167 Education and Income Higher levels of education and income have been associated with better nutrition and physical fitness, quality medical care, and better overall health. In CSE Fresno, 47 percent of residents aged 25 and older have not completed high school as compared to 15 percent for the City of Fresno. Lower educational levels contribute to lower incomes in CSE Fresno, where household median income is $23,562 per year – almost half that of the City of Fresno – and more than one in two residents live in poverty (US Census 2010; US Census American Community Survey (ACS) 2012-2017 5-year estimates). Taking measures to improve education and economic prosperity in CSE Fresno could lead to improved health outcomes for residents. Environment and Disadvantaged Communities Environmental conditions are clearly linked to a community’s health and well-being. This includes the levels of air pollution, water pollutants, hazardous wastes, pesticides released, waste disposal sites, and other sources of pollution. Living near high volume roadways and freeways increases exposure to a mixture of air pollutants, including diesel exhaust. Fine particulate matter can cause asthma attacks in children, in addition to impaired lung function, premature death and death from cardiovascular diseases, and cardiovascular morbidity. While children, youth, and the elderly are among the most vulnerable, all community members are at risk. All census tracts in the Plan Area experience a high percentage of days over national air quality standards for fine particulate matter. This area is designated a “disadvantaged community” by CalEPA and ranks as one of the most polluted areas in California, scoring in the 90- 95th percentile statewide for communities that are disproportionately burdened by multiple sources of pollution and with population characteristics that make them more sensitive to pollution, such as lower income levels, higher rates of poverty and Environmental Justice and Disadvantaged Communities California recently adopted Senate Bill 1000 (SB 1000), which requires cities to develop environmental justice goals and policies to reduce the unique or compounded health risks in “disadvantaged communities.” Policies may address the reduction of pollution exposure, the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, park and open space access, and physical activity in disadvantaged communities. A disadvantaged population or community may mean many different things. The California Environmental Protection Agency (CalEPA) defines an “environmental justice” or “disadvantaged community” as an area that is a low-income area and disproportionately affected by environmental pollution. The Office of Environmental Health Hazard Assessment (OEHHA), on behalf of the California Environmental Protection Agency (CalEPA), created the CalEnviroScreen tool – an index aggregating multiple data sources on pollution exposure, sensitive receptors, and vulnerable populations. This tool is designed to help identify communities disproportionately burdened by environmental pollution. While SB1000 requirements do not apply to Specific Plans, but only to General Plans when amending two are more elements, it is important to address these issues in CSE Fresno given its designation as a disadvantaged community. Therefore, this chapter provides goals and strategies related to health, safety, equity, environment, and community empowerment. 168 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN unemployment, lower educational attainment, and linguistic isolation (CalEnviroScreen, 2018). Nearby industrial uses combined with heavy traffic on SR 99, SR 180, SR 41, as well as truck routes through the neighborhood contribute to poor air quality days, which can result in respiratory illness, chronic obstructive pulmonary disease, and cancer. In addition, there are several contaminated sites within and just outside of the Plan Area that have the potential to harm human health and/or the environment. Public Safety A variety of factors can impact community safety, including underemployment, the presence of gangs, racism, and lack of youth and family activities. In conversations with CSE Fresno residents, crime and drug-related activities were cited as key concerns, despite a decline in both violent and property crime rates in the City of Fresno and the Southeast policing district over the last few years (City of Fresno Police Department 2018 Annual Report). However, the perception of crime in the area may be just as much of an issue as crime itself, impacting individual health, businesses, and social cohesion, and deterring growth and investment. Vacant and deteriorating properties, litter, stray animals, and vandalism further contribute to negative perceptions and detract from quality of life. CSE residents also expressed concerns regarding the safety of streets and public spaces. Community members noted the presence of gangs and drug-related activities in parks, as well as poor maintenance and inadequate lighting. In addition, many residents feel unsafe walking and bicycling in and around the neighborhood, and particularly to/from schools and parks, due to high vehicle speeds, unsafe crossings, poor walking conditions, and a lack of safe and continuous bicycle facilities (additional information on walking and bicycling conditions can be found in Chapter 4. Transportation, Public Realm, and Infrastructure). Tactical urbanism can allow communities to test low-cost, short-term pedestrian and bicycle improvements. Photo credit: AARP CHAPTER 7: Quality of Life 169 7.3 Issues and Opportunities This section provides a brief summary of the issues and opportunities around health, safety, and the environment in Central Southeast Fresno. Issues 1. Safety concerns in public spaces. Safety in and around parks and other public spaces was consistently ranked as a top concern for the CSE Fresno community. Many residents said that they do not feel safe in parks because of loitering or illicit activities. A major contributor to negative perceptions of safety in CSE Fresno is the lack of well-lit and active public spaces, especially at night. 2. Blight, litter, and vandalism. Many of street and public spaces in CSE Fresno are dirty and littered with trash and graffiti. Blight, illegal dumping, and litter can invite unwanted and illicit activities and detract from investment. Stray dogs are also prevalent throughout the community, further contributing to negative perceptions of the area. 3. Lack of access to healthy foods. Residents identified a lack of access to healthy foods as a major concern in the community. There are many liquor and convenience stores in CSE Fresno that provide few, if any, healthy food options. Promoting culturally relevant and locally sourced food can improve health outcomes while also reducing the environmental footprint of food distribution. 4. Inadequate health care. CSE Fresno has been identified as an area with a shortage of health care providers and facilities. This is compounded by a lack of health care coverage. The lack of health care professionals can have a particularly negative impact on the elderly, and non-English speaking, low-income communities of color. 5. Incompatible land uses. In the southwestern portion of the Plan Area, industrial uses often sit directly adjacent to residential neighborhoods. These uses are often associated with increased air pollution, noise, and heavy truck traffic that can negatively impact the health and safety of nearby residents. An Industrial Land Use Compatibility Study is currently in progress to identify incompatible land use types and make recommendations for ways to reduce their negative impacts. Abandoned alley in CSE Fresno littered with debris and graffiti. Photo credit: ABC30 Fresno Recycling center on Orange Avenue adjacent to residential neighborhoods 170 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Opportunities 1. Vacant, underutilized, and publicly-owned land. Numerous vacant, underutilized, and publicly- owned parcels, particularly in the southern portion of the Plan Area, present opportunities to add new parks, open spaces, gardens, recreational amenities, and community health facilities, particularly in under-served areas. 2. Strong and close-knit community. Central Southeast Fresno has some of the most unique, diverse, and close-knit neighborhoods in the City. There is an opportunity to harness and build on the existing strength of CSE’s neighborhoods, empowering residents to make decisions for their community and work to together to improve health, safety, and overall quality of life. 3. Diverse food resources. There are wonderful diverse restaurants and culturally relevant grocery stores in CSE Fresno. The San Joaquin Valley and Fresno are one of the richest agricultural regions in the world, often referred to as the “breadbasket” of California. With a strong local agricultural industry, diverse restaurant scene, and community interest in food entrepreneurship, CSE Fresno has the potential to become a multicultural shopping and food destination in the City, which could serve both to bolster the local economy and increase healthy local food options. 4. Engaged community groups and community-based organizations. Central Southeast boasts a number of active and engaged community groups and organizations already serving the area. The City should tap into this existing network of dedicated individuals to provide much-needed social and health-related services and empower residents to implement innovative and community-led health and safety initiatives. Hmong New Year celebration. Photo credit: NYTimes CHAPTER 7: Quality of Life 171 7.4 Goals and Strategies To address the community’s concerns, the goals and strategies in this chapter focus on collaborating with and empowering residents to take ownership of their neighborhoods, strengthening public safety and community relations, improving environmental conditions, and increasing access to healthy food and affordable culturally appropriate healthcare to improve health and safety for all. Public Health PH-1. Improve access to healthy, affordable, and culturally-relevant food and beverages. PH-1.1. Establish farmer’s markets in CSE Fresno. Throughout the planning process, community members said that they would like greater variety and better access to healthy foods, including a farmer’s market in CSE Fresno. Farmers’ markets improve access to locally grown fresh produce by bringing local farmers and their produce directly to communities. Shopping at a farmers’ market provides a way for consumers to purchase regional and cultural specialties directly from the source, minimize the energy consumption involved with food transportation and storage, and support local farms and community gardens. The City should partner with the other agencies, community organizations, and the California Farmer’s Markets Association (CFMA) to establish weekly or monthly farmer’s markets in CSE Fresno. Potential locations include the Fairgrounds overflow parking lots, former UMC hospital parking lot along Kings Canyon Road, Fresno Pacific University campus, the Butler Church campus, the Fresno Barrios Unidos office parking lot, and the median park strip along Huntington Boulevard. This could include analyzing existing regulations and definitions to ensure that the process for securing farmers’ market permits is not too burdensome, costly, or time consuming. The City could also provide technical assistance and support to help market operators accept EBT (Electronic Benefit Transfer) cards and vouchers to allow residents to pay using food stamps. Farmer’s marketFresh fruits and vegetables 172 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN PH-1.2. Create educational programs for residents about healthy eating and living. Raising awareness around the importance of healthy food, including creating educational materials, healthy food incentives and campaigns can expand residents’ access and consumption. The City should work with members of the Fresno Community Health Improvement Partnership (FCHIP) on focused efforts in CSE Fresno. The City could assist with the creation and implementation of educational programs for residents about healthy eating, such as edible school yards, healthy cooking classes, nutrition pamphlets, and step-by-step guides on planting, growing, and harvesting home-grown fruits and vegetables. For example, the City could seek out opportunities to partner with non-profits, culinary schools, and local restaurants to host free classes and cooking class demonstrations that would educate residents about cooking healthy, affordable, and culturally relevant food. PH-1.3. Transform vacant and underutilized properties into community gardens and street tree nurseries. Numerous vacant, underutilized, and publicly-owned parcels, particularly in the southern portion of the Plan Area, present opportunities for urban agricultural use either long term or as an interim use before redevelopment. While several community gardens exist in southeast Fresno, there are still areas of the community that are under-served. The City should first identify specific vacant or underutilized properties in the community that could be transformed into tree nurseries or community gardens. Community gardens can provide ornamental vegetation, produce locally grown food, and create community gathering spaces, while plant and tree nurseries could supply some of the landscaping and streetscape improvements recommended in this Plan. Local residents can be employed to water and maintain the trees. The next step would be to seek funding and partner with community organizations and volunteers to construct and maintain gardens and nurseries on vacant lots. For instance, Fresno Metro Ministries is a local non-profit that already partners with the Fresno PARCS department to manage two community gardens in southeast Fresno. Metro Ministries also provides gardeners with gardening education (e.g. a free Community Garden Toolkit), resource acquisition, and general coordination. Community garden at Butler Church in CSE Fresno Edible schoolyard. Photo credit: ediblebrooklyn.com CHAPTER 7: Quality of Life 173 PH-1.4. Encourage and attract healthy food outlets and mobile vendors to CSE Fresno. Encouraging healthy mobile food vendors is another way to provide healthy food options in under-served areas while bolstering local entrepreneurs. Mobile food retailers are comprised of a variety of vendors who sell food out of a movable vehicle, such as a truck, cart, trailer, kiosk, or stand. The City should analyze current regulations and procedures and find ways to facilitate and incentivize healthy mobile food retailers through streamlined vehicle licensing and registration processes, and subsidies or reduced fees to help defray start-up and/or ongoing costs for mobile vendors. For example, the City could review and amend local laws to allow certain privileges to healthy mobile food retailers, such as roaming privileges or approval to operate near schools and parks. Additionally, the City should work with organizations such as Cultiva La Salud to further implement their Vendors 4 Health: Shamelessly Pedaling Produce program. This could include providing small business training, start-up loans or grants, or access to government-sponsored community events for free or at reduced cost are additional ways to both encourage healthy food retailers and support local entrepreneurs. PH-1.5. Provide healthy, fresh, local food to schools in the area. Providing healthy locally-sourced food to schools empowers children and their families to make informed food choices while strengthening the local economy and contributing to vibrant communities. The City should continue to partner with the Fresno Unified School District (FUSD) and the Fresno Economic Opportunities Commission (EOC) to advance efforts to procure, serve, and promote healthy local foods in school cafeterias. The City and FUSD could also consider joining the National Farm to School Network, a nonprofit advocacy group that provides support to state, regional, and national levels of government for developing school gardens and implementing agricultural education (e.g. school gardens, cooking lessons and farm field trips) and locally sourced foods. Healthy mobile vendor in CSE Fresno 174 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN PH-1.6. Encourage edible landscaping and permit residents to raise livestock (chickens, goats, bees) on their properties. Urban agriculture can provide multiple benefits including healthy eating, sustainability, increased food security, reduced stormwater runoff, providing green space, and promoting community engagement. Urban agriculture can take the form of backyard gardens and community gardens – places on public or private property where neighbors gather to cultivate vegetables and fruits, and even keep bees or raise poultry and small livestock. The City should partner with Fresno Metro Ministries to encourage edible landscaping in home gardens, building on and expanding distribution of their Gardening Toolkit to educate homeowners on methods for planting fruit trees, growing vegetables, fertilization, harvesting, species and seasonal recommendations, and other instructions. As part of this strategy, the City should also analyze and revise the Development Code to allow residents to raise small livestock (chickens, goats, bees) in backyards. Urban livestock. Photo credit: Charlotte Sun CHAPTER 7: Quality of Life 175 PH-2. Expand access to culturally-competent medical and mental health services. PH-2.1. Conduct a community health and social services needs assessment for CSE Fresno. A community’s ability to access comprehensive, quality health care and social services is vital to promoting health, preventing disease, and improving overall quality of life. Current barriers in the Plan Area include limited health care providers, lack of health insurance, chronic and mental health issues, lack of bilingual services, inadequate transportation to health and social services, unfamiliarity with providers and programs, and cost of services. The City should work with the County and The Fresno Center to conduct a community health and social services needs assessment for CSE Fresno and collect and track health data to better understand health issues in the area. PH-2.2. Encourage healthcare providers and doctor’s offices to locate and/or provide affordable services in CSE Fresno. Access to a wide variety of health care professionals is especially critical for low-income individuals and families, who comprise a large percentage of CSE Fresno’s population. The Plan Area currently lacks health care providers and facilities, particularly since the closure of the UMC hospital on Kings Canyon Road. There are a number of ways this could be addressed including: • Creating regulatory and financial incentives to encourage low-cost medical providers and doctor’s offices to locate in CSE Fresno. • Providing clear guidance and instruction to facilitate the permitting process for new health care businesses. • Working with mixed-use and affordable housing developers to include clinic space in projects. • Encouraging local health providers to establish a program that allows medical and mental health professionals to fulfill practicum or training requirements by practicing in the area. • Facilitating mobile health service providers through identification and free use of public facilities or parking spaces in the area, online promotion, and streamlined approval processes. • Working with FUSD to expand health clinics at CSE Fresno campuses. • Partnering with FPU and other local educational institutions to encourage and recruit medical students to practice in the area. For example, some institutions help finance student education or provide loan forgiveness for medical professionals that practice in under-served areas. Community health center. Photo credit. FCI Constructors Mobile health clinic. Photo credit: Fresno State 176 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN PH-2.3. Educate residents on free and low-cost health care providers, services, and programs. One of the barriers to accessing health and social services may just be unfamiliarity in the community about services and programs that are already being offered. For instance, the Fresno EOC provides education, counseling, and medical treatment services to low-income, uninsured, and underinsured adults and adolescents such as family planning, STI testing, and prenatal care. The Fresno Center provides mental health services such as a holistic gardening and support groups, conducts educational programs, and assists community members in gaining health care coverage. In partnership with the County Health Department and local community-based organizations such as Fresno EOC and The Fresno Center, the City should assist in the development of an education and awareness campaign to inform residents of free and low-cost health care providers in the area as well as existing programs for dental health (e.g. youth Denti-Cal program), prenatal care, physical fitness, healthy eating, mental health, substance abuse treatment, and other social services (especially those in multiple languages). This should include creating a directory of local providers and programs. PH-2.4. Pursue funding to build a holistic health and wellness campus on the former UMC County hospital site that would provide medical, mental health, and social services. The community has voiced a desire for increased access to culturally-competent whole person care. As outlined in Chapter 3. Land Use and Urban Design (see Strategy LU-1.1), the former UMC Hospital site provides an opportunity to create a centralized “one-stop shop” that integrates health, behavioral, and social services for CSE residents. The City should work with the County and pursue funding to build a holistic health and wellness campus on the former UMC hospital site at Kings Canyon Road and Cedar Avenue. Developing part of the site for senior and/or transitional housing could complement onsite healthcare and social service uses. PH-2.5. Provide community-based health services at neighborhood hubs such as schools and community centers. Allowing and promoting the flexible use of community centers, libraries, and schools is another way to provide accessible and low-cost health services to CSE Fresno residents. The City should partner with private providers, community organizations, FUSD, and the County Health Department to increase free and low-cost health services at publicly-owned facilities such as Mosqueda Center and local schools. Community and school-based health services could include mobile clinics and pop-up screenings (e.g., flu vaccinations, prenatal care), mental health consultations, and health fairs. PH-2.6. Conduct trainings on how to provide culturally-sensitive health care services (e.g., multilingual services). Cultural awareness, responsiveness, and understanding are essential to increasing access and improving the standard of health care for the CSE Fresno community. There are already a number of capable and experienced organizations in the community dedicated to this effort. One such organization is The Fresno Center, which provides culturally linguistic mental health services to members of the Southeast Asian community and conducts bicultural and bilingual training for Southeast Asian mental health clinicians. The City and County should continue to partner with and provide funding for community organizations to expand culturally-sensitive health care services and training. CHAPTER 7: Quality of Life 177 PH-3. Provide a variety of affordable community childcare and youth services. PH-3.1. Facilitate, support, and incentivize the development of a wide range of childcare facilities and services including family day cares and public and private childcare centers. Expanding availability and access to quality childcare is critical to allow parents in the community to earn an income outside the home and can heavily influence health, economic, and social outcomes for families. Some of the ways the City could facilitate, support, and incentivize a wide range of childcare facilities and services in the community include: • Creating financial incentives and development standards to encourage the construction of childcare facilities and services in public facilities, new development, and residential areas. • Reviewing and revising zoning regulations for new childcare providers to make them less burdensome and/or expensive. • Identifying opportunities to support applicants in obtaining state licensing, such as training and materials to assist potential childcare providers with understanding and complying with state regulatory processes. • Connecting childcare operators with business and financial support and education. • Encouraging childcare operators to provide extended hours. • Developing and distributing a map of licensed childcare providers and centers in CSE Fresno that is updated annually. Posting online and distributing paper copies at parks, community centers, churches, and schools. • Coordinating and integrating childcare programs with housing and social programs, wherever feasible. • Incorporating childcare into City-sponsored recreation, workshops and community engagement activities, wherever feasible. 178 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN PH-3.2. Provide low-cost, safe, and accessible youth programming. While CSE Fresno is home to a number of wonderful organizations and spaces that support youth and families, residents suggested a need for additional programming, particularly after- school activities for youth. The community could benefit from additional support of this work, in addition to new and improved parks and recreational facilities. The City should expand existing partnerships with the PARCS Department as well as faith and community-based to organizations (e.g. Every Neighborhood Partnership, Fresno Pacific University, Boys and Girls Club) to provide a range of affordable year-round sports, after-school programs (mentorship, tutoring, dance and art classes), and recreational activities at parks, community centers, libraries, and schools to keep youth active and busy. As part of this strategy, the City should apply for funding and ensure consistent provision of programs and services. This strategy complements Strategies P-2.1 and LU-2.2 to expand Mosqueda Center with a youth facility that would provide a resource hub for youth mentoring, employment training, and career opportunity exploration. PH-4. Promote compatible uses and protections for residential neighborhoods. PH-4.1. Install landscaping and other barriers to separate existing homes from rail, industrial uses, and other sources of noise and air pollution. Throughout the planning process, the community expressed strong concerns regarding incompatible industrial and heavy commercial land uses in the southwestern portion of the Plan Area and their negative health and environmental impacts on nearby residential neighborhoods. The City should work with property owners on the installation of landscaping and other barriers to separate existing homes from rail, industrial uses, heavy arterials, and other sources of noise and air pollution to protect resident health and safety. The City Council District Office will seek to identify grants and loans and assist businesses or residents in applying for funding to add landscaping and improve fencing, walls, and other barriers between industrial properties and residential areas. PH-4.2. Enforce existing codes and regulations to minimize the negative impacts of industrial uses on adjacent residential areas. The community voiced concern over the impacts of the existing industrial uses south of California Avenue and suggested that they eventually be phased out. In the long term, the community envisions that these properties be consolidated and transformed into a mixed-use employment district that provides new job opportunities for residents while also improving public health and safety outcomes (see Strategy LU-6.3). For all other industrial uses located near residential areas, the City should identify the appropriate local, State, and/or federal agencies to enforce industrial performance standards and evaluate related air quality, odor, and noise impacts on adjacent neighborhoods. The community and industrial businesses should work together to identify and limit particularly harmful or noxious industrial operations and limit truck traffic hours or activities that produce significant levels of air pollution to very early in the morning or late in the evening. CHAPTER 7: Quality of Life 179 Public Safety PS-1. Reduce crime and improve police-community relations. PS-1.1. Increase regular police patrolling in CSE neighborhoods, particularly in and around parks and schools. A top priority for the community is improving public safety, particularly in and around parks and schools, ensuring that families, youth, and seniors feel safe on streets and in public spaces. The City should work with the Fresno Police Department to increase regular police patrolling throughout CSE Fresno neighborhoods. Regular foot patrol has been shown to improve crime prevention and facilitate relationship-building and trust between officers and the community. This might involve opening a neighborhood service center in the area and extended evening hours with a mix of police and civilian personnel. This strategy works in conjunction with Strategy PS-1.4 and P-2.3 in Chapter 5. Parks and Open Space which recommends hiring a full- time parks ranger to patrol CSE Fresno parks. The parks ranger could be a Fresno Police Officer or a Civilian Community Service Officer. PS-1.2. Promote and support neighborhood watch groups. CSE Fresno can advance community-based safety efforts by leveraging existing community resources, neighborhood groups, and volunteers. The City and Police Department should work with residents to support and expand neighborhood watch groups by conducting additional outreach, working with active community members to mobilize additional residents, and providing tools and resources. For instance, the Police Department could develop a neighborhood watch toolkit that provides resources and training on volunteer management, conducting effective group meetings, observation skills, and reporting suspicious activities. Artistic public space lighting Fresno PD and Bringing Broken Neighborhoods Back to Life community outreach event in Fresno 180 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN PS-1.3. Fix broken lighting and add new LED lighting, particularly around schools and parks, and transit stops. A major contributor to negative perceptions of safety in CSE Fresno is the lack of well-lit and safe public spaces, especially at night. Streets, alleys, public spaces, and parks are often dark and inactive at night, which invites unwanted activities and prevents community members from feeling safe in these areas. The City should conduct a mapping survey to identify broken or missing lights and locations with a severe lack of lighting and poor visibility. Based on the results of the survey, the City should fix broken lighting and add new LED lighting, prioritizing public gathering spaces and other high-need areas to enhance visibility and safety. Part of this strategy should include actively promoting use of the FresGO site and app to report missing and broken lighting. PS-1.4. Work to strengthen relationships between residents and the Fresno Police Department. Successful police-community relationships involve on-going efforts to work together in meaningful ways to address public safety problems facing a neighborhood. Continued dialogue, collaboration, transparency, and accountability around public safety policies and procedures are key to fostering positive, peaceful, and mutually supporting relationships between CSE Fresno residents and public safety officers. The Fresno Police Department regularly meets with community members, has a Community Advisory Board in CSE Fresno, and partners with a number of faith-based and other community groups to engage with the public through outreach events. The Fresno Police Department should look to further promote the positive engagement officers are currently conducting in the community. These efforts should focus on relationship building. The first step might be to develop and implement a Community Safety and Outreach Plan. The plan should include continuing to meet with community members on a regular basis and expanding community connections to identify concerns, develop effective crime prevention activities, and coordinate a collaborative response. Additional recommendations include partnering with local organizations (e.g. Youth Leadership Institute, Cultiva La Salud, Every Neighborhood Partnership, Bringing Broken Neighborhoods Back to Life) to provide racial equity training and increase direct interaction between police and community members, particularly youth, through coffee conversations, Saturday Sports, safety workshops, and National Night Out block parties. PS-1.5. Improve emergency service delivery and response times for CSE residents. The Police Department, in coordination with other City Departments, should work to track, analyze, and improve emergency service delivery and response times for CSE residents. An effective multipronged approach could include: • Improving response times for non-emergency calls by hiring additional Community Service Officers. • Assigning additional Crisis Teams to the CSE area. • Increasing training for officers in behavioral and mental health, to help when responding to conflicts/incidents involving residents dealing with these issues. • Encouraging the Department to train officers in cultural sensitivity and support efforts to recruit more bilingual officers. CHAPTER 7: Quality of Life 181 PS-2. Ensure that neighborhoods are clean and attractive. PS-2.1. Increase maintenance and code enforcement activities in CSE Fresno to ensure that homes, yards, and public spaces are safe and free from trash and debris. Community members consistently cited the presence of trash, litter, graffiti, stray dogs, and illegal dumping as issues contributing towards CSE Fresno’s negative image. The remediation of blight and unsafe conditions is critical to not only create a more pleasant and livable environment, but also to revamp CSE Fresno’s public image and attract renewed private investment that can stimulate economic development (see Strategy ED-1.5). The City should work with the Police, Fire and Code Enforcement, to increase code enforcement activities in CSE Fresno, ensuring that homes, yards, businesses, and public spaces are safe and free from trash and debris. Efforts should focus on the most dangerous properties and ongoing offenders. In addition, the City should continue to expand and promote use of the FresGO site and app for reporting code violations, potholes, graffiti, illegal dumping, and a variety of other issues. Incentivize use of the app. For instance, the City could consider providing the app in English, Spanish, and Hmong. PS-2.2. Organize community clean-up days. The community also has a role to play in neighborhood clean-up and beautification. The City should partner with local youth organizations, volunteer groups, schools, and churches to organize community clean-up days on a regular and on-going schedule. The City and County can support these efforts by providing staffing, organizational support, paint and tools, and free trash collection. PS-2.3. PS-2.3. Improve the process for responding to animal welfare issues such as stray or loose dogs. The City should work to improve the method and process for responding to animal welfare complaints and issues such as stray or loose dogs in the community. This strategy includes working collaboratively with other agencies, community partners and departments to respond in a timely, safe, and humane manner and educating the public about secure confinement of pets. 2019 Fresno Serve Day. Photo credit: Every Neighborhood Partnership 182 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Environment E-1. Create a more livable, resilient, and sustainable community. E-1.1. Develop an educational campaign to increase awareness of environmental sustainability practices and resources. Promoting environmental sustainability practices can produce multiple benefits, including reducing energy and water use, helping the City meet its greenhouse gas reduction targets, creating a healthier environment, and increasing community resilience. There are a variety of sustainability incentives, programs, and resources that are currently available, but many businesses and homeowners may not be aware of them. For example, the Property Assessed Clean Energy (PACE) programs are currently available to property owners to help finance energy and water efficiency upgrades. The City should develop a comprehensive education and engagement program to make residents and property owners aware of environmental sustainability best practices and resources. This could include: • Developing easy-to-read materials on how to save energy, conserve water, reduce waste, and protect natural resources. • Reaching out to and providing technical assistance to business and property owners on PACE, PG&E, EnergyWatch and other programs, rebates, and incentives to improve energy efficiency and make upgrades to existing buildings. • Work with FUSD to promote environmental literacy classes or urban ecology programs for youth. • Partnering with the County Health Department to distribute information on climate change, including actions they can take to prepare for and increase resilience around hazardous events. • Promoting sustainable transportation choices such as walking, biking, and taking transit. Solar roof Green street with bioswale CHAPTER 7: Quality of Life 183 E-1.2. Install green infrastructure (e.g. permeable paving, bio-retention areas) to improve stormwater quality and reduce run-off. The street and public space improvements envisioned for the Plan Area provide a unique opportunity for the application of sustainable stormwater management and landscaping practices. The City should work with Public Works and the Fresno Metropolitan Flood Control District to install green infrastructure treatments when renovating or building new parks, roadways, and sidewalks. Landscape-based stormwater management design elements – often referred to as “green infrastructure” – include stormwater planters, bioswales, rain gardens, stormwater curb extensions, tree wells, and permeable pavement. Green infrastructure reduces localized flooding, expands green space, improves streetscape aesthetics and landscape health, provides cleaner and cooler air, enhances the pedestrian experience, and can increase economic vitality. E-1.3. Plant drought tolerant and low maintenance landscaping in parks and public spaces. Whenever possible, the City should plant drought-tolerant, native, durable landscaping in parks and public spaces to reduce water use, maintenance needs, and costs. E-1.4. Provide financial assistance for low-income residents for solar installation. Energy efficiency and solar programs are effective sustainability and economic development programs that reduce energy use, help the City meet its greenhouse gas reduction targets, and reduce household utility costs. The City should create a program to educate and assist low-income residents with attaining State provided solar funding and discounts through the Single-Family Solar Homes (DAC-SASH), Green Tariff (DAC-Green Tariff), and Community Solar Green Tariff programs. As part of this strategy, the City could establish additional funding and incentives for solar installation and associated home improvements through a partnership with organizations such as GRID Alternatives. E-1.5. Plant additional street trees along key corridors. Tree coverage offers shade, green infrastructure, a sense of enclosure on pedestrian streets, provide a separation between people and moving vehicles, and support placemaking. The greening of residential and commercial streets will contribute to a more walkable, safe, and comfortable environment while helping to capture and filter rainwater and cleanse the air. Because expanding the urban tree canopy serves the dual-purpose of improving environmental sustainability and contributing to a strong pedestrian experience, this effort represents a detailed action that helps to implement Strategy T-4.2. To expand the tree canopy in CSE Fresno, the City should create and implement a tree planting and landscape program for the Plan Area. The goal of the program would be to identify streets and public spaces most in need of improvement and install additional street trees and landscaping in those areas. Funding for new street trees should focus on the priority corridors identified in Chapters 3 and 4 (Kings Canyon Road, Orange Avenue, Butler Avenue and Maple Avenue). The program could be for public and private land and could be funded by non-profit organizations such as Tree Fresno, and/or public agencies. Trees planted along public streets should be subject to a street tree master plan to ensure consistent streetscape appearance and character in CSE Fresno. 184 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Community Empowerment CE-1. Empower the community take action and improve quality of life for CSE Fresno. CE-1.1. Actively engage all residents in the decision-making process for plans and projects throughout the community. Communities are safer and healthier when residents are empowered to take action to address quality of life issues, be it formally working with the City or informally through neighborhood groups, community organizations and educational institutions. This means providing community members with the access, tools, education, and resources that increase their ability to make decisions about and work collaboratively as neighborhoods to change the health of their social and physical environment. The City should continue to identify and remove barriers to civic participation for CSE residents, including cost, location of events and meetings, childcare, language barriers, and lack of access. The City should also work to adopt youth-specific and culturally effective engagement methods, including local print and electronic media, community discussions and dialogue, and school-based strategies, incorporating lessons learned from different engagement activities that worked or did not work for this community. Existing communication strategies can be improved to promote greater dialogue between the City and the community, supporting a better sense of transparency in governance. CE-1.2. Identify and fund a neighborhood planning liaison to work closely with the community on projects. The City should consider hiring or identifying staff to work on community organizing by serving as a neighborhood planning liaison. The liaison should work with the community on projects, train residents in community organizing, strengthen ties between existing organizations and assist them in applying for grants, and develop youth programs that foster advocacy, leadership, and engagement. Giving residents, particularly youth, an opportunity to be directly involved in projects and take charge of their own neighborhoods will build resident capacity and a more inclusive CSE Fresno. This could be coordinated through Fresno Unified Parent University and Fresno City College Career and Technical Education (CTE) programs which empower and support parents and youth with learning courses, resources, and career development. CenCalVia event in Fresno. Photo credit: Central Daily Times CHAPTER 7: Quality of Life 185 CE-1.3. Work with local groups to host community events that bring the community together. Community-oriented events can celebrate local cultural attractions, enhance social connectivity, recognize local arts and artists, and increase local business revenues, all of which serve to improve the quality of life in the neighborhood. While CSE Fresno hosts several annual events, such as CenCalVia and the Big Fresno Fair, there is interest in hosting additional events in the area, both smaller community-centric events and larger events that would draw regional patrons. The City should work with local community groups and businesses to organize and host multicultural events that increase opportunities for intercultural interaction, and celebrate and promote CSE Fresno. One way to support and facilitate local events is by reducing fees and streamlining the event permitting process. This might also include collaborating with CSE Fresno businesses and residents for identification, participation, and sponsoring events. Lastly, creating a more intentional promotion and social media marketing strategy can increase awareness of arts and cultural programming and events in CSE Fresno. CE-1.4. Foster neighborhood identity within the CSE area and establish Neighborhood Committees. With few exceptions, Fresno does not have a tradition of defined neighborhoods. Instead, the name of a major intersection or a nearby school or shopping center is used by residents to identify where they live and work. The Plan Area includes few identified neighborhoods. A defined neighborhood can be a strong feature of individual and group identity. With its spatial delineation, it can also develop a sense of history, place, and pride. Establishing neighborhood boundaries can provide a foundation for community and civic efforts, including the ability to measure key indicators over time, which can enable a more enriched understanding of how community resources can be leveraged. The City should partner with Fresno State, Fresno Pacific University, and the CSESP Steering Committee members to identify distinct neighborhoods in the Plan Area. This could be completed through research of the Plan Area’s history, identifying natural features, amenities and landmarks, and collection of empirical data. Throughout the planning process, community members expressed a desire to continue to stay actively engaged with other interested stakeholders and ongoing efforts that are undertaken from the Plan. The City should provide a mechanism for community members to stay actively engaged by establishing Neighborhood Committees. The Neighborhood Committees could be appointed and maintained by the appropriate City Councilmember’s office, with consideration for equitable representation. The Neighborhood Committees could be leveraged to fulfill the goals of the Plan and to provide ongoing information and guidance on evolving issues and opportunities in the community. 186 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 8: Next Steps & Funding 187 next steps & ch. 88 funding Photo credit: SUTP 188 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN CHAPTER 8: Next Steps & Funding 189 next steps & funding 8.1 Introduction This Plan articulates the community’s vision and creates an action-driven framework to transform CSE Fresno into a safe, livable, and prosperous community over the next 20 to 30 years. To realize this vision, the City, community, and partners must be creative and proactive in leveraging existing resources and collaborators and establishing new funding sources, mechanisms, and innovative partnerships. This chapter outlines the community’s priorities, next steps, and potential funding and financing strategies to implement the Plan’s recommended improvements and programs. 8.2 Community Priorities This Plan articulates a broad range of goals and strategies that serve as tools for implementing the community’s vision. All of the goals and strategies within the Plan are important in order to create a thriving CSE Fresno, yet many fall beyond the authority, discretion, or fiscal abilities of the City alone. To ensure that implementation efforts are focused on those issues most important to the community, the Steering Committee ranked all of the Plan goals in order of priority. Table 8-1 outlines the top goals defined by the Steering Committee, organized by level of priority – high, medium, and low. The community, Steering Committee, City Staff, and City Council should revisit these priority goals annually and make adjustments as needed. 190 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Table 8-1. Community Priorities Topic Area Goal Tier 1 Parks + Open Space P-1. Increase the amount of parkland in CSE Fresno to ensure that all residents are within a 5-minute walk of a park or open space. Land Use + Urban Design LU-1. Transform Kings Canyon Road into a walkable and lively corridor with a diverse mix of retail, service, residential, cultural, and institutional uses that will attract both local residents and regional visitors. Land Use + Urban Design LU-9. Expand housing supply to accommodate households of all sizes, stages of life, and income levels. Transportation, Public Realm, and Infrastructure T-1. Rebalance existing roadways to create a network of safe, connected, and accessible Complete Streets for all users, including bicyclists, pedestrians, transit vehicles, and motorists. Transportation, Public Realm, and Infrastructure T-3. Improve safety and reduce conflicts between pedestrians, bicyclists, and drivers, particularly around centers of activity. Economic Development ED-1. Improve the appearance and cleanliness of CSE Fresno to attract new businesses, customers, and investment. Quality of Life PS-1. Reduce crime and improve police-community relations. Quality of Life PH-2. Expand access to culturally-competent medical and mental health services. Quality of Life CE-1. Empower the community take action and improve quality of life for CSE Fresno. Tier 2 Parks + Open Space P-3. Expand recreational programming and facilities to meet the needs of users of all ages and abilities. Land Use + Urban Design LU-2. Build on existing institutions and opportunity sites along Butler Avenue, particularly near Maple Avenue, to create a series of central neighborhood-supporting hubs for daily retail and service needs, cultural activities, education, and recreation. Land Use + Urban Design LU-3. Intensify, activate, and beautify Orange Avenue, building on its existing character to strengthen its identity and appeal. Land Use + Urban Design LU-5. Redevelop the former IRS facility site as a technology-centered employment and education campus that can provide training, jobs, and residences for workers and students. Land Use + Urban Design LU-8. Improve the safety, quality, and condition of housing structures and the neighborhoods they inhabit. Transportation, Public Realm, and Infrastructure T-4. Provide a well-connected, comfortable, and inviting pedestrian environment that encourages residents to walk to and between key destinations. Transportation, Public Realm, and Infrastructure T-5. Improve bicyclist safety and encourage biking between destinations. CHAPTER 8: Next Steps & Funding 191 Topic Area Goal Economic Development ED-3. Expand availability of and access to worker and student education, job training, and placement programs. Quality of Life PS-2. Ensure that neighborhoods are clean and attractive. Quality of Life PH-1. Improve access to healthy, affordable, and culturally-relevant food and beverages. Quality of Life E-1. Create a more livable, resilient, and sustainable community. Tier 3 Parks + Open Space P-2. Improve the quality and safety of parks in CSE Fresno. Land Use + Urban Design LU-4. Activate and integrate the Fairgrounds into the existing fabric of the community. Land Use + Urban Design LU-6. Promote office and clean/non-nuisance employment uses while ensuring compatibility and protections for residential neighborhoods. Land Use + Urban Design LU-7. Pursue policies and programs that support housing stability and mitigate displacement. Transportation, Public Realm, and Infrastructure T-2. Improve connectivity between residential areas and local and regional destinations such as schools, parks, community centers, transit, retail, and employment centers. Transportation, Public Realm, and Infrastructure T-6. Provide comfortable, frequent, and reliable transit service that meets community needs. Transportation, Public Realm, and Infrastructure T-7. Ensure the efficient movement of goods while protecting community health and safety. Transportation, Public Realm, and Infrastructure T-8. Improve parking availability for residents and visitors, particularly during special events. Transportation, Public Realm, and Infrastructure T-9. Provide a network of high-functioning and sustainable infrastructure systems in CSE Fresno. Economic Development ED-2. Foster the creation, retention, expansion, and attraction of local and small businesses. Quality of Life PH-3. Provide a variety of affordable community childcare and youth services. Quality of Life PH-4. Promote compatible uses and protections for residential neighborhoods. 192 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN 8.3 Next Steps and Plan Tracking The City’s next step should be to align the community priorities with existing opportunities and resources to effectively implement, or make significant progress on, related projects. This should include incorporating recommendations into the City’s Capital Improvement Plan (CIP), establishing priority programs, applying for grant funding, and partnering with residents and local organizations to initiate community-led programs or activities. The City recognizes its lead role, but it will take strong partnerships to fully implement the Plan. City, County, other local government agency staff, residents, and other stakeholders should use this Plan daily to guide their projects, funding applications, and other improvements in alignment with the community’s vision. Given the importance, urgency, and complexity of some of the recommended projects and programs, and unknown changes that will occur over the next 20+ years in funding, laws and technological innovation, the Plan must be considered a “living document.” It should be monitored and updated on a regular basis to reflect progress, new lessons learned, changing circumstances, new opportunities, and community priorities over time. A successful monitoring and evaluation process requires regular data collection, data analysis, community outreach, and input and the willingness to revise the City’s priorities as needed. The City should establish a community meeting schedule to review progress, successes, and challenges with CSE Fresno residents and partners. This process would allow the community to request modifications to strategies and actions or changes in priorities. Following this meeting, City staff should provide a progress report to City Council, which if necessary, will include recommended updates to Plan strategies or priorities. 8.4 Funding and Financing Strategy Successful implementation of the CSESP requires funding of parks and infrastructure projects, affordable housing, street upgrades, as well as new and existing programming. The City may choose to proactively fund and construct public realm (e.g. streetscape, bike lanes, lighting, etc.) and infrastructure (e.g. water supply, stormwater, wastewater systems, etc.) improvements as a means of shifting perceptions of the area and encouraging private investment. However, no local government can fund all of these initiatives on its own and Fresno needs contributions from its partners to realize the Plan’s vision. With these limitations in mind this section identifies some of the primary government funding opportunities and mechanisms that could be used for Plan activities and recommendations. In many cases, multiple funding and financing sources will need to be combined in order to pay for specific projects or programs. Although the terms “funding” and “financing” are often used interchangeably, there is an important distinction between the two terms. “Funding” typically refers to a revenue source such as a tax, fee, or grant that is used to pay for an improvement. Some funding sources, such as impact fees, are one-time payments, while others, such as assessments, are ongoing payments. “Financing” involves borrowing against future revenues by issuing bonds or other debt instruments that are paid back over time through taxes or fee payments, enabling agencies to pay for infrastructure before the revenue to cover the full cost of the infrastructure is available. CHAPTER 8: Next Steps & Funding 193 Funding and Financing Sources and Mechanisms The funding sources and financing tools described below have been evaluated relative to their purpose, process of adoption, and implementation. Funding and financing mechanisms are organized under four broad categories: 1. Federal, State, and regional funding sources 2. Tax increment financing 3. Developer, property owner, and user funding, financing and incentives 4. Existing City resources As Table 8-2 below illustrates, the categories differ in terms of the scope and scale of their targeted improvements. Table 8-2. Funding Source Categories, Examples, and Timing of Availability Source Description Estimated Project Timing Federal, State, and Regional Funding Programs Loan Programs Federal and state loans and incentive programs offer sources of gap financing and funding for local infrastructure and economic development projects. The following loan programs are some of the most widely used sources: • State Infrastructure Bank: Industrial Development Bonds • State Infrastructure Bank Revolving Loan Program • Statewide Community Infrastructure Program • Clean Water State Revolving Fund • Section 108 Loans One-time, as sources are typically competitive and timing of availability is uncertain until secured. Photo credit: ashwoodco.com 194 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Source Description Estimated Project Timing Federal, State, and Regional Funding Programs Grants (Sample) The following provides a sample of applicable grant programs that could be used to support improvements in the Plan Area. • Regional Sustainable Infrastructure Planning Grant. Administered by the Fresno Council of Governments (COG) to encourage coordinated multimodal transportation and land use planning to support reductions in greenhouse gas (GHG) emissions. • Cap and Trade Funds – AHSC Program (Affordable Housing & Sustainable Communities). Administered by the Strategic Growth Council and implemented through HCD to incentivize the development of compact, transit-oriented affordable housing, transportation improvements, and related programs that reduce GHGs. • Infill Infrastructure Grant Program (IIG). Administered by HCD with a primary goal to promote infill affordable and mixed-income housing development by funding infrastructure improvements. • Active Transportation Program (ATP). Administered by Caltrans to encourage increased use of active modes of transportation, biking & walking. • Senate Bill 2 (SB 2): California’s Building Homes and Jobs Fund. California’s Building Homes and Jobs Fund (created by SB 2) provides funding to support housing development. • Environmental Protection Agency Brownfields Grant. Provides technical assistance to communities, states, tribes and others to assess, safely clean up and sustainably reuse contaminated properties. • Measure C TOD Fund. A sales tax fund aimed at improving the overall quality of Fresno County’s transportation system. • The San Joaquin Valley Air District Bike Paths Grant. Provides funding to assist with the development or expansion of a comprehensive bicycle-transportation network. One-time, as sources are typically competitive and timing of availability is uncertain until secured. CHAPTER 8: Next Steps & Funding 195 Source Description Estimated Project Timing District-Based Tools Assessment District Benefit Assessment Districts allow cities to finance the costs of needed services by assessing area property owners based on benefits received by funded improvements or facilities. Improvements must confer “special benefits” upon affected property owners and assessments must be assigned in direct proportion to the benefits received. Facilities or services funded by a special assessment district could include streets, sidewalks, curbs and gutters, water, sewer, gas electric, lighting, drainage or flood control facilities and improvements. Benefit assessments require a greater than 50 percent ballot approval that is weighted based on the financial obligation of each property owner. Ongoing, and grows over time. Some sources allow for up-front revenue via bond financing. Community Facilities District (CFD) or Mello- Roos Community Facilities Districts (or Mello-Roos Districts) allow local agencies to create assessment districts and raise funds through special property taxes. They provide financing for public capital investment and operating improvements within the district through tax-exempt bonds sponsored by a public agency. Examples of eligible improvements include streets and public right of way improvements, park, recreation, and open-space facilities, school, library, and childcare facilities, water, wastewater, flooding, and other infrastructure. Community Facilities Districts require a two-thirds majority approval by residents (or land owners, if fewer than 12 registered voters reside in the district). Unlike Benefit Assessment Districts, no findings of special benefit are required for CFDs. Ongoing, and grows over time. Some sources allow for up-front revenue via bond financing. Infrastructure Finance Districts (IFDs, EIFDs, IRFDs, and CRIAs) Following the dissolution of Redevelopment Agencies in 2012, the State has bolstered alternative means of tax increment finance, through the approval of legislation that permits the creation of “Enhanced Infrastructure Finance Districts” (EIFDs), Infrastructure and Revitalization Districts (IRFDs) and Community Revitalization and Investment Authorities (CRIAs). CRIAs, in particular, are intended to provide a source of funding for infrastructure and housing in disadvantaged communities. Once established, these districts are authorized to receive tax increment revenues from a defined area with the consent of affected taxing entities, excluding school districts. Tax increment revenues may be used to fund a variety of capital facilities and housing. The financing capacity of the districts is driven by the portion of the base 1% tax levy that is dedicated to the district. It can be an effective tool when either a sponsoring city receives a large share of the 1% property tax levy or if counties agree to contribute a portion of the county increment to the district. Ongoing, and grows over time. Some sources allow for up-front revenue via bond financing. 196 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Source Description Estimated Project Timing Developer, Property Owners, and Users Linkage Fees A fee rate could be established for all new residential development in the Plan Area that would be specifically targeted to support affordable housing development. Such fees link the production of market rate real estate to that of affordable housing. The fee would require a nexus study and adoption by the City Council. One-time, as development activity occurs Development Impact Fees Pursuant to the Mitigation Fee Act, local agencies may assess impact fees to mitigate for new development’s impact on the need for infrastructure and other capital facilities. Impact fees may fund capital facilities required to serve new development only – they may not be used to fund ongoing operations and maintenance, other services, or existing infrastructure and facility deficiencies. Fees are typically paid at the time of building permit issuance or recording the final subdivision map and are placed into a separate impact fee fund for specific improvements. Parking or traffic mitigation fees are examples of development impact fees. One-time, as development activity occurs Property and Business Based Improvement District (PBID) A Property and Business Based Improvement District (PBID) places a special assessment on properties within the district boundaries to fund specific services and improvements within the district. Funds collected by the local government are then directed to the PBID, which is operated by a nonprofit entity formed by district property owners. Revenues are commonly used to augment district services (e.g. sanitation, security, marketing and economic development initiatives) but can also be used to fund small- and large-scale capital improvements. Improvements may also be financed via issuance of bond debt supported by benefit assessments. Potentially ongoing Multifamily Improvement Districts (MID) Multifamily Improvement Districts are similar to PBIDs but focus on providing services to benefit apartments, condominiums, mobile home parks, and other high-density residential uses. These types of districts are most commonly used in disadvantaged communities to augment existing services and promote activities beneficial to the district. MID assessments may pay for a variety of activities and improvements, including supplemental security services and improvements, parking, sidewalks, street lighting, and landscaping. Improvements may also be financed via issuance of bond debt supported by benefit assessments. Potentially ongoing CHAPTER 8: Next Steps & Funding 197 Source Description Estimated Project Timing Development Agreements with Enhanced Entitlements It is common for local agencies to enter into a development agreement when conferring long-term entitlements for a major project. As part of the negotiation process, developers may agree to provide extraordinary benefits, including infrastructure and other public facilities. These commitments are agreed upon at the discretion of negotiating parties and as such are not subject to the Mitigation Fee Act. The nature and magnitude of benefits provided will depend on local market conditions, the entitlements, and the development economics of the project. Providing favorable entitlements can be an effective means for funding infrastructure and public facilities. Examples include: reducing parking requirements, increasing permitted floor to area ratios, etc. By increasing the value of the private development, additional “value” is created, a portion of which can be directed towards infrastructure improvements. One-time, as development activity occurs Economic Incentive Agreements Economic incentive agreements can provide the private sector with public funding in situations where a commercial project may not be financially feasible but has the potential to deliver measurable community benefits. Strict legal limits apply to the type and scope of such public funding agreements, especially in the wake of the loss of local redevelopment authority in California. Moreover, any such public funding provided to the private sector will trigger Davis Bacon prevailing wage requirements which may offset any benefits to project economics. Under current legal authority and defined circumstances one example is where a city or county enters into an agreement pledging to rebate a portion of sales taxes generated by new businesses locating to an area that designate the jurisdiction as the “point of sale”. Offering to rebate a portion of transient occupancy tax revenue generated by lodging development provides another example of an economic incentive agreement. Developers can use such public funding commitments to directly fund project costs or as a pledge to equity partners or commercial lenders, thus improving project feasibility. One-time, as development activity occurs Fee Credits/ Reimbursement Agreements Many local agencies permit developers to construct area- serving infrastructure such as streets, utilities, parks and open space in lieu of paying certain impact fees. Local agencies may also enter into agreements to reimburse developers for investments in area-serving infrastructure in cases where the value of the investment exceeds fees otherwise owed by the project. One-time, as development activity occurs 198 FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN Source Description Estimated Project Timing Developer, Property Owners, and Users (continued) CEQA Mitigations As a requirement of approval, developers may be required to undertake a number of mitigation measures as defined by the California Environmental Quality Act (CEQA). The Environmental Assessment for the Plan will identify the CEQA mitigations that will be required of new development within the Specific Plan Area. One-time, as development activity occurs Opportunity Zone Investments in a federally designated Opportunity Zone are subject to certain tax advantages that can improve the attractiveness of certain investment opportunities. Opportunity Zones are intended to spur economic development by providing tax incentives for investors to invest new capital in businesses operating in a Qualified Opportunity Zone. Potentially ongoing New Market Tax Credits (NMTC) The NMTC program incentivizes community development and economic growth through the use of federal income tax credits that attract private investment to distressed communities. Tax credits are sold to private investors and used to make debt or equity investments in entities located in qualified low income communities through a local financial intermediary known as a Community Development Entity (CDE). Access to funding from the NMTC program is highly competitive. Successful projects are those that can demonstrate significant positive community impacts, usually in the form of permanent job creation, new goods and services, access to healthy food options, and environmental sustainability. One-time, as development activity occurs City Resources General Fund While not a primary funding source, the City’s General Fund may be a useful source for short-term funding prior to the identification of longer-term sources of capital. Ongoing, and potentially available if prioritized by the community Capital Improvement Program Infrastructure projects identified in the Specific Plan – including the major capital improvement projects – are candidates for inclusion in the City’s Capital Improvement Program, which is updated annually and includes a projection of five years of future infrastructure projects. Ongoing, and potentially available if prioritized by the community Measure P Measure P was approved by a majority of voters in 2018, and became effective in 2021, creating a new funding source to help ensure Fresno’s neighborhoods receive funding to improve and maintain parks and facilities, create new parks and trails, and fund recreation, community, and arts programs Ongoing until 2051 Comment # Name Organization Section Category Sub‐Section Name Page #(s) CommentsDate received Staff Response1N/ASan Joaquin Valley Unified Air Pollution Control District3 Land Use and Urban DesignStrategiesLU-6.3. Analyze and modify existing regulations to reduce the negative impacts of commercial and industrial uses on nearby neighborhoods74The District appreciates the City’s vision to create a mixed-use community, for example, incorporating walking and biking elements into the CSESP design, and designating buffer areas between industrial and residential uses. The District recommends that the CSESP incorporate strategies that require future industrial developments to utilize the cleanest available heavy duty trucks and vehicles, including zero and near-zero technologies. Additional design element options for the CSESP can be found at: http://www.valleyair.org/transportation/Mitigation-Measures.pdf7/8/2021Staff feels this recommendation should be applied on a citywide level and will review what opportunities are best suited for implementation. Additionally, the City is committed to abiding by all state laws, including those regarding new electric truck standards.2N/ASan Joaquin Valley Unified Air Pollution Control District3 Land Use and Urban DesignImplementationLU-6.3. Analyze and modify existing regulations to reduce the negative impacts of commercial and industrial uses on nearby neighborhoods74In addition, the District recommends that the CSESP incorporate strategies that will advance implementation of the best practices listed in Tables 5 and 6 of CARB’s Freight Handbook Concept Paper, to the extent feasible. This document compiles best practices designed to address air pollution impacts as “practices” which may apply to the siting, design, construction, and operation of freight facilities to minimize health impacts on nearby communities. The concept paper is available at: https://ww2.arb.ca.gov/sites/default/files/2020-03/2019.12.12%20- %20Concept%20Paper%20for%20the%20Freight%20Handbook_1.pdf7/8/2021Staff feels this recommendation should be applied on a citywide level and will review what opportunities are best suited for implementation.3N/ASan Joaquin Valley Unified Air Pollution Control District7 Quality of LifeGoals, policies, and objectivesPH-4.1. Install landscaping and other barriers to separate existing homes from rail, industrial uses, and other sources of noise and air pollution.178The District appreciates the City’s acknowledgement in the CSESP that buffers between industrial developments and sensitive receptors are a vital component for a healthy community. It would be beneficial for the CSESP to include siting-related goals, policies, and objectives and include measures and concepts outlined in the following resources: CARB’s Air Quality and Land Use Handbook: A Community Health Perspective. The document includes tables with recommended buffer distances associated with various types of common sources (e.g. distribution centers, chrome platers, gasoline dispensing facilities, etc.), and can be found at: https://ww3.arb.ca.gov/ch/handbook.pdf CARB’s Freight Handbook Concept Paper: This document compiles best practices designed to address air pollution impacts, which may apply to the siting, design, construction, and operation of freight facilities to minimize health impacts on nearby communities, and can be found at: https://ww2.arb.ca.gov/sites/default/files/2020-03/2019.12.12%20- %20Concept%20Paper%20for%20the%20Freight%20Handbook_1.pdf7/8/2021Staff feels this recommendation should be applied on a citywide level and will review what opportunities are best suited for implementation.4N/ASan Joaquin Valley Unified Air Pollution Control DistrictImplementationThe District is committed to strengthening our working relationship with the City’s to implement the land-use focused air pollution and exposure reduction strategies included in the Community Emission Reduction Program. Furthermore, the District recommends the City assess the emission reductions measures and strategies included in the CERP and address them in environmental assessments, as appropriate, to align the City’s work with the air pollution and exposure reduction strategies and measures outlined in the Community Emission Reduction Program. For more information regarding the CERP approved for South Central Fresno, please visit the District’s website at: http://community.valleyair.org/selected-communities/south-central-fresno7/8/2021Staff feels this recommendation should be applied on a citywide level and will review what opportunities are best suited for implementation.5N/ASan Joaquin Valley Unified Air Pollution Control District4 Transportation, Public Realm, InfrastructureGoals, policies, and objectivesT-7. Ensure the efficient movement of goods while protecting community health and safety123The District appreciates that the City intends to evaluate heavy-duty truck routing patterns as they consider the detailed zoning changes and community concerns within the scope of the CSESP, with the aim of limiting emission exposure to residential communities and sensitive receptors. This evaluation should consider the current and potential future truck routes, the quantity and type of each truck (MHD, HHD, etc.), the destination and origin of each trip, traffic volume correlation with the time of day or the day of the week, overall VMT, and associated exhaust emissions. The truck routing evaluation would also identify alternative truck routes and their impacts on VMT, GHG emissions, and air quality.7/8/2021The City of Fresno has begun the process of completing the South Central Fresno AB617 Community Truck Reroute Study, which covers the proposed truck route changes in the Central Southeast Specific Plan. This recommendation will be forwarded to the project manager of the South Central Fresno AB617 Community Truck Reroute Study for reviewComments for Public Review Draft Central Southeast Area Specific Plan Comment # Name Organization Section Category Sub‐Section Name Page #(s) CommentsDate received Staff ResponseComments for Public Review Draft Central Southeast Area Specific Plan 6N/ASan Joaquin Valley Unified Air Pollution Control District4 Transportation, Public Realm, InfrastructureGoals, policies, and objectivesT-7. Ensure the efficient movement of goods while protecting community health and safety.123Since the future development projects may include industrial uses, they may have the potential to result in increased use of off-road equipment (i.e. forklifts) and on-road equipment (i.e. mobile yard trucks with the ability to move materials). The District recommends that the CSESP stipulate requirements for future project proponents to utilize electric or zero emission off-road and on-road equipment.7/8/2021Staff feels that such a policy should be considered on a citywide level.7N/ASan Joaquin Valley Unified Air Pollution Control District7 Quality of LifeGoals, policies, and objectivesPH-4. Promote compatible uses and protections for residential neighborhoods178Furthermore, reducing commercial charbroiling emissions is essential to achieving attainment of multiple federal PM2.5 standards and their associated health benefits in the community. Therefore, the District recommends that the CSESP include a measure requiring the assessment and potential installation, as technologically feasible, of particulate matter emission control systems for new large restaurants operating under-fired charbroilers. The District is available to assist the City and project proponents with this assessment. Additionally, the District is currently offering substantial incentive funding that covers the full cost of purchasing, installing, and maintaining the system during a demonstration period covering two years of operation. Please contact the District at (559) 230-5800 or technology@valleyair.org for more information, or visit: http://valleyair.org/grants/rctp.htm7/8/2021Staff feels this recommendation should be applied on a citywide level and will review what opportunities are best suited for implementation.8N/ASan Joaquin Valley Unified Air Pollution Control District7 Quality of LifeGoals, policies, and objectivesPH-4.1. Install landscaping and other barriers to separate existing homes from rail, industrial uses, and other sources of noise and air pollution.178The District appreciates the City incorporating urban greening recommendations within the CSESP. For future development projects within the CSESP, and at strategic locations throughout the CSESP in general, the District supports the City incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g. residences, schools, healthcare facilities).7/8/2021 Comment received9N/ASan Joaquin Valley Unified Air Pollution Control District7 Quality of LifeGoals, policies, and objectivesPH-4. Promote compatible uses and protections for residential neighborhoods178While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a population’s exposure to air pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a higher and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is also a way to help improve air quality and public health in addition to enhancing the overall beautification of a community with drought tolerant, low-maintenance greenery.7/8/2021Staff feels that such a policy should be considered on a citywide level.10N/ASan Joaquin Valley Unified Air Pollution Control District4 Transportation, Public Realm, InfrastructureGoals, policies, and objectivesT-9. Provide a network of high-functioning and sustainable infrastructure systemsin CSE Fresno. 124-126It is the policy of the State of California that renewable energy resources and zero carbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for future development projects within the CSESP.7/8/2021This comment is addressed in T-9.4. "Promote the use of sustainable design features and renewable energy sources in new public facilities, capital improvement projects, and private development."Additionally, staff feels this recommendation should be applied on a citywide level and will review what opportunities are best suited for implementation. 11N/ASan Joaquin Valley Unified Air Pollution Control District4 Transportation, Public Realm, InfrastructureGoals, policies, and objectivesT-9. Provide a network of high-functioning and sustainable infrastructure systemsin CSE Fresno. 124-126To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations throughout the CSESP. Please visit www.valleyair.org/grants/chargeup.htm for more information.7/8/2021The City has requirements for electric vehicle parking for new development in Section 15-2416 and charging stations in Section 14-1022 of the Fresno Municipal Code (FMC). The City has sponsored the installation of vehicle charging stations throughout the city. Comment # Name Organization Section Category Sub‐Section Name Page #(s) CommentsDate received Staff ResponseComments for Public Review Draft Central Southeast Area Specific Plan 12N/ASan Joaquin Valley Unified Air Pollution Control District7 Quality of LifeGoals, policies, and objectivesPH-4. Promote compatible uses and protections for residential neighborhoods178As the future development projects that will fall within the CSESP do not yet exist the City should stipulate odor mitigation strategies in the CSESP as conditions of approval for those business and industry types. An example would be for a project proponent whose project is determined to have a potentially significant odor impact to draft and implement an Odor Management Plan (OMP).7/8/2021Projects are evaluated for odor potential as part of environmental review (2021 General Plan PEIR, mitigation measure AIR 4.1). Projects with potential impacts are required to prepare odor impacts assessment and implement odor control measures recommended by SJVAPCD. Furthermore, Section 15-2510 of the Development Code states that "No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the lot lines of a site."13N/ASan Joaquin Valley Unified Air Pollution Control District3 Land Use and Urban DesignGoals, policies, and objectivesLU-6.3. Analyze and modify existing regulationsto reduce the negative impacts ofcommercial and industrial uses onnearby neighborhoods. 74For projects subject to permitting by the San Joaquin Valley Air Pollution Control District, demonstration of compliance with District Rule 2201 shall be provided to the City before issuance of the first building permit.7/8/2021This is a regulation already applied at the project level.14N/ASan Joaquin Valley Unified Air Pollution Control District7 Quality of LifeGoals, policies, and objectivesPH-4. Promote compatible uses and protections for residential neighborhoods178Construction air emissions are short-term emissions generated from construction activities such as mobile heavy-duty diesel off-road equipment, and should be evaluated separately from operational emissions. If air emissions from ongoing operational activities occur within the same year as construction emissions, those emissions should be combined. Recommended Measure: To reduce impacts from construction-related diesel exhaust emissions, the project should utilize the cleanest available off-road construction fleets, as set forth in §2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 Code of Federal Regulations.7/8/2021Staff feels this recommendation should be applied on a citywide level and will review what opportunities are best suited for implementation.15N/ASan Joaquin Valley Unified Air Pollution Control District7 Quality of LifeGoals, policies, and objectivesPH-4. Promote compatible uses and protections for residential neighborhoods178Operational (ongoing) air emissions from mobile sources and stationary sources should be analyzed separately. For reference, the District’s annual criteria thresholds of significance are listed above. Recommended Measure: At a minimum, project related impacts on air quality should be reduced to levels of significance through incorporation of design elements such as the use of cleaner heavy-duty trucks and vehicles, measures that reduce VMTs, and measures that increase energy efficiency. More information on transportation mitigation measures can be found at: http://www.valleyair.org/transportation/Mitigation-Measures.pdf.7/8/2021The CSESP seeks to create Complete Neighborhoods, which would give residents more opportunities to meet their daily needs within walking distance. Having more choices to reach destinations by means other than a private, single-occupancy vehicle will help lower VMT-related emissions. 16N/ASan Joaquin Valley Unified Air Pollution Control District7 Quality of LifeGoals, policies, and objectivesPH-4. Promote compatible uses and protections for residential neighborhoods178Project-related criteria pollutant emissions from construction and operational sources should be identified and quantified. Emissions analysis should be performed using the California Emission Estimator Model (CalEEMod), which uses the most recent CARB-approved version of relevant emissions models and emission factors. CalEEMod is available to the public and can be downloaded from the CalEEMod website at: www.caleemod.com.7/8/2021This comment should be directed to the Environmental Assessment and not the Specific Plan. However the Specific Plan includes policies to improve air quality by reducing vehicle miles traveled. 17N/ASan Joaquin Valley Unified Air Pollution Control District4 Transportation, Public Realm, InfrastructureGoals, policies, and objectivesT-7. Ensure the efficient movement of goods while protecting community health and safety.123The San Joaquin Valley will not be able to attain stringent health-based federal air quality standards without significant reductions in emissions from HHD trucks, the single largest source of NOx emissions in the San Joaquin Valley. The District’s ARB-approved 2018 PM2.5 Plan includes significant new reductions from HHD Trucks, including emissions reductions by 2023 through the implementation of CARB’s Statewide Truck and Bus Regulation, which requires truck fleets operating in California to meet the 2010 standard of 0.2 gNOx/bhp-hr by 2023. Additionally, to meet federal air quality attainment standards, the District’s Plan relies on a significant and immediate transition of heavy duty truck fleets to zero or near-zero emissions technologies, including the near-zero truck standard of 0.02 g/bhp-hr NOx established by CARB.For future development projects which typically generate a high volume of heavy-duty truck traffic (e.g. “high-cube” warehouses or distribution centers), there are heavy duty trucks traveling to-and-from from the project location at longer distribution trip length distances. Since these projects may exceed the District significance thresholds, the District recommends that the following mitigation measures be included in the CSESP for project-related operational emissions: Recommended Measure: Fleets associated with operational activities utilize the cleanest available HHD trucks, including zero and near-zero (0.02 g/bhp-hr NOx) technologies. Recommended Measure: All on-site service equipment (cargo handling, yard hostlers, forklifts, pallet jacks, etc.) utilize zero-emissions technologies.7/8/2021Staff feels this recommendation should be applied on a citywide level and will review what opportunities are best suited for implementation. Comment # Name Organization Section Category Sub‐Section Name Page #(s) CommentsDate received Staff ResponseComments for Public Review Draft Central Southeast Area Specific Plan 18N/ASan Joaquin Valley Unified Air Pollution Control District4 Transportation, Public Realm, InfrastructureGoals, policies, and objectivesT-7. Ensure the efficient movement of goods while protecting community health and safety.123Reduce Idling of Heavy Duty Trucks: The goal of this strategy is to limit the potential for localized PM2.5 and toxic air contaminant impacts associated with failure to comply with the state’s Heavy Duty anti-idling regulation (e.g. limiting vehicle idling to specific time limits). The diesel exhaust from excessive idling has the potential to impose significant adverse health and environmental impacts. Therefore, the CSESP should deploy strategies to ensure compliance of the anti-idling regulation, especially near sensitive receptors, and discuss the importance of limiting the amount of idling within the CSESP. Recommended Measure: Construction and operational fleets based within the CSESP area limit vehicle idling pursuant to 13 CCR § 2485 and 13 CCR § 2480.7/8/2021Staff feels this recommendation should be applied on a citywide level and will review what opportunities are best suited for implementation.19N/ASan Joaquin Valley Unified Air Pollution Control District3 Land Use and Urban DesignGoals, policies, and objectivesLU-6.3. Analyze and modify existing regulations to reduce the negative impacts of commercial and industrial uses on nearby neighborhoods74Development projects resulting in toxic air contaminant emissions should be located an adequate distance from residential areas and other sensitive receptors in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective.7/8/2021Staff feels this recommendation should be applied on a citywide level and will review what opportunities are best suited for implementation. In addition, this type of measure would be considered at the project level during entitlement review.20N/ASan Joaquin Valley Unified Air Pollution Control District3 Land Use and Urban DesignGoals, policies, and objectivesLU-6.3. Analyze and modify existing regulations to reduce the negative impacts of commercial and industrial uses on nearby neighborhoods74A health risk screening and/or assessment should be performed to assess potential risks to sensitive receptors for all of the following projects: Projects whose proposed locations are within the established buffer distances identified in CARB's handbook located at https://ww3.arb.ca.gov/ch/handbook.pdf Projects whose land uses are not specifically identified in ARB's handbook (such as shopping centers), but there is sufficient information to reasonably conclude that sensitive receptors would be exposed to significant sources of toxic air contaminants; and Projects that would otherwise appear to be exempt from CEQA requirements, but there is sufficient information to reasonably conclude that sensitive receptors would be exposed to significant sources of toxic air contaminants, such as industrial use projects allowed by right.7/8/2021Staff feels this recommendation should be applied on a citywide level and will review what opportunities are best suited for implementation. 21N/ASan Joaquin Valley Unified Air Pollution Control District3 Land Use and Urban DesignGoals, policies, and objectivesLU-6.3. Analyze and modify existing regulations to reduce the negative impacts of commercial and industrial uses on nearby neighborhoods74Future development projects may require an environmental review and air emissions mitigation. Referral documents and environmental review documents for these projects should include a project summary, the land use designation, project size, air emissions quantifications and impacts, and proximity to sensitive receptors and existing emission sources, and air emissions mitigation measures. For reference and guidance, more information can be found in the District’s Guidance for Assessing and Mitigating Air Quality Impacts at: https://www.valleyair.org/transportation/GAMAQI.pdf7/8/2021Comment received. Recommended measures in this comment are already in practice.22N/ALeadership Council for Justice and Accountability5 Parks and Open SpaceRequested Edits 5.2 Existing Conditions 129The plan also states that most neighborhoods are within a half-mile of a park or open space; however, this statement can be misconstrued to assume Southeast Fresno has accessible quality parks, which is nowhere near reality.7/8/2021Updated plan language on page 129 to read: A majority of the Plan Area is within walking distance (a half mile) of a park or open space (see Figure 5-1), with the exception of the neighborhoods around the western and southeastern boundary of the Plan. Despite this, the Plan Area does not meet the park level of service goals of the General Plan.23N/ALeadership Council for Justice and Accountability8 Next Steps and FundingRequested EditsTable 8-2. Funding Source Categories, Examples, and Timing of Availability193-198As funding from the State and local tax dollars become available, the CSESP must name these sources —like Measure P or Prop 68— and provide clear direction for Staff to apply and implement priority projects such as building new parks and supporting quality housing opportunities, and so on.7/8/2021Measure P added to Table 8-2. Funding Source Categories, Examples, and Timing of Availability, see page 198.24N/ALeadership Council for Justice and Accountability4 Transportation, Public Realm, InfrastructureRequested EditsT-4. Provide a well-connected, comfortable, and inviting pedestrian environment that encourages residents to walk to and between key destinations.119-120Additionally, the Draft plans extensively for public frontage repairs and aesthetic renovations on critical corridors such as Kings Canyon Road and Orange Avenue. Still, the same amount of effort and planning must occur in every part of Central South East. Disrepair, missing sidewalks, broken and missing streetlights, and other lacking infrastructure is found in most, if not all, the site plan. To the best of Staff’s ability, we recommend that the language around these elements acknowledge all issues in the Southeast area, so no neighborhood is unintentionally left behind.7/8/2021 Comment appreciated. Comment # Name Organization Section Category Sub‐Section Name Page #(s) CommentsDate received Staff ResponseComments for Public Review Draft Central Southeast Area Specific Plan 25N/ALeadership Council for Justice and Accountability3 Land Use and Urban DesignRequested EditsLU-2.2. Promote retail and multifamily infill housing development on vacant parcels surrounding Mosqueda Center to further activate the area.57While there is mention of using vacant and underutilized sites for housing and commercial development, the Draft Plan should consider adding these sites for parks and open spaces. One of the Tier 1 Goals and Priorities stated in the Draft is to increase the amount of parkland in CSE Fresno. We recommend Strategy LU-2.2 include and leverage strategy P 1.1 that promotes park and open space on vacant and underutilized parcels.7/8/2021As mentioned in in LU-2.2 it is recommended that the potential development include "smaller neighborhood parks and open spaces in the interior vacant parcels pose the potential for a multi-functional community space." Additional language added to LU-2.2 on page 57 to cross-reference P-1.1: "For more detailed information on parks and recommended improvementsto Mosqueda Center, see Chapter 5. Parks and Open Space, specifically P-1.1."26N/ALeadership Council for Justice and Accountability3 Land Use and Urban DesignGoals, policies, and objectivesLU-5, 6 70 - 72As the IRS facility continues to phase out, leaving behind vast empty buildings and underutilized land, it’s equally important to engage the community along with the private sector. Engaging the surrounding community must be a standard practice amongst all potential sites for current and potential employment centers. Language needs to be added to reflect responsive and meaningful public engagement.7/8/2021Strategy LU-5.1 updated on page 71 to read: " As a first step, the City should establish an exploratory working group to identify potential users, funding opportunities, and partners to redevelop the site. This group should include local educational entities, tech firms, trade representatives, government agency representatives, community representatives, and multi-family housing developers"27N/ALeadership Council for Justice and Accountability3 Land Use and Urban DesignRequested Edits/policiesLU-6. Promote office and clean/non-nuisance employment uses while ensuring compatibility and protections for residential neighborhoods.72The Draft CSESP acknowledges the harmful effects and adverse health impacts of heavy industrial uses and the importance of improving the quality of life for residents of CSE. Yet, the Draft includes language around using Business Parks and Light Industrial uses as a “buffer” to heavy industrial use. This narrative is harmful as these zoning options bring industrial practices that do not reflect residents’ priorities. Further, the Steering committee voted to use “Office'' zoning designations as the land use buffer. Consequently, we suggest the general removal of the language around Business Parks and Light Industrial throughout the Draft.7/8/2021Comment appreciated. The parcels that the Steering Committee voted to be zoned "Office" has been removed from the Central Southeast Specific Plan project area per City Council Resolution 2020-147, and are now in the South Central Specific Plan project area. 28N/ALeadership Council for Justice and Accountability3 Land Use and Urban DesignRequested Edits/policiesLU-7. Pursue policies and programs that support housing stability and mitigate displacement.76This goal must include additional strategies highlighting relevant existing work and opportunities already underway within the City. Specifically, the City of Fresno has contracted with the Thrivance Group to develop a report assessing the current displacement risk and recommended policies and programs. The end product will be a final “Here to Stay Report” highlighting various actionable items to implement throughout the City. Moreover, in the most recent budget for FY 2021-2022, the City has developed an Affordable Housing Trust Fund. Currently, Staff is developing the specifics of this program; however, this should be included as a strategy and funding opportunity in the Draft Plan. Lastly, there is no mention of any Housing Element program that would support this goal. The City has committed to several programs to support and facilitate affordable housing development which should also be acknowledged and leveraged here. This includes, but is not limited to, incentives for affordable housing development on large or small lots, and actively seeking grants and affordable housing developers to support production7/8/2021Staff agrees that a range of housing options is necessary to achieve the vision for the Plan Area, which will require a variety of funding mechanisms and approaches. Goal LU-7 is intended to be approached in tandem with LU-8 and LU-9 to address preservation and access to housing, prevent displacement, and the identification of appropriate funding.29N/ALeadership Council for Justice and Accountability3 Land Use and Urban DesignRequested Edits/policiesLU-8.3. Develop an Alley Improvement Program to help residents repurpose or transform alleyways into active and safe spaces.79For years, community leaders have successfully coordinated alleyway clean-ups and beautification projects. As such, strategy LU 8.3 should acknowledge this work and expertise and include language that commits the City to partner with these leaders.7/8/2021Updated plan languageon page 79 to read: The City should develop an Alley Improvement Program, in partnership with community organizations and leaders currently working on these efforts, to address safety and blight issues in alleys and help residents repurpose or transform alleys into active and inviting spaces. This program could include resources, tools, and guidelines to: Comment # Name Organization Section Category Sub‐Section Name Page #(s) CommentsDate received Staff ResponseComments for Public Review Draft Central Southeast Area Specific Plan 30N/ALeadership Council for Justice and Accountability4 Transportation, Public Realm, InfrastructureGoals, policies, and objectivesT-6. Provide comfortable, frequent, and reliable transit service that meets community needs.122We recommend adding a strategy to support and encourage free transit fares. This would align with the Zero Fare Clean Air Act, which provided free transit rides and was especially beneficial to low-income and elder residents throughout a few months of the pandemic.7/8/2021Staff feels this recommendation should be applied on a citywide level and will review what opportunities are best suited for implementation.Recently, the City of Fresno came to an agreement to provide free fares for to students from Fresno Unified School District, Fresno City College, Clovis Community College, and Fresno State.31N/ALeadership Council for Justice and Accountability4 Transportation, Public Realm, InfrastructureRequested Edits/policies4.4 Proposed Circulation Networks 102-103Until a final Truck Reroute Study is complete, the Draft should not include truck route recommendations. Instead, it should state it will align with the adopted Truck Reroute Study7/8/2021Staff will add the following language to the Proposed Truck routes on page 102:These recommend routes are subject to change pending results of the South Central Fresno AB617 Community Truck Reroute Study being conducted by Public Works.32N/ALeadership Council for Justice and Accountability6 Economic DevelopmentRequested Edits/policiesED-2. Foster the creation, retention, expansion, and attraction of local and small businesses.157 - 159We appreciate Staff’s recommendations to foster local and small businesses in the plan area. Given the sizeable BIPOC population in the community, we suggest adding additional equity language to target and prioritize BIPOC businesses. Similarly, local hire and training policies are essential to support equitable economic attainment for protected classes.7/8/2021Added language on page 157 for Ed-2.1: Due to the substantial Black, Indigenous, and People of Color (BIPOC) opulation in the Plan Area, the Economic Development Working Group should ensure that PIPOC businesses are prioritized and materials should be developed in multiple languages.33N/ALeadership Council for Justice and Accountability7 Quality of LifeGoals, policies, and objectivesPH-2. Expand access to culturally-competent medical and mental health services.175 - 176The City of Fresno partnered with several health care institutions throughout the pandemic supporting free mobile COVID-19 testing and vaccinations. As the threat of COVID-19 lessens, a strategy should be developed to encourage continuing these partnerships and provide mobile general physician appointments.7/8/2021Strategy PH-2.2 includes the following language: "Facilitating mobile health service providers through identification and free use of public facilities or parking spaces in the area, online promotion, and streamlined approval processes."34N/ALeadership Council for Justice and Accountability7 Quality of LifeGoals, policies, and objectivesPS-1.1. Increase regular police patrolling in CSE neighborhoods, particularly in and around parks and schools.179We recommend the combination of strategies PS 1.1 and PS 1.4 into one comprehensive approach. A top priority for residents within the plan area has been to improve public safety, but that cannot be accomplished without better relationships between residents and the Fresno Police Department. On-going efforts to work together should include building trusting relationships with residents, providing cultural sensitivity training to the Fresno Police Department, and providing de-escalation training to promote safe engagement with officers. We must create a safe, healthy environment for all CSE Fresno residents.7/8/2021Updated plan language on page 179 for PS-1.1 to read: This strategy works in conjunction with Strategy PS-1.4 and P-2.3 in Chapter 5. Parks and Open Space which recommends hiring a fulltime parks ranger to patrol CSE Fresno parks.35N/ALeadership Council for Justice and Accountability7 Quality of Life Requested EditsPS-1.3. Fix broken lighting and add new LED lighting, particularly around schools and parks.180For years, community leaders and residents have raised the lack of lighting, specifically around schools, parks, and bus stops as folks walk home from school, work, or leisurely activities. We recommend strategy PS 1.3 includes schools, parks, and transit stops.7/8/2021Updated plan language on page 180 for PS-1.3 to read: Fix broken lighting and add new LED lighting, particularly around schools, parks, and transit stops.36N/ALeadership Council for Justice and Accountability7 Quality of LifeGoals, policies, and objectivesE-1.4. Provide financial assistance for low-income residents for solar installation.183We recommend that along with assistance for solar installations for low-income residents, the City should provide low-interest loans or grants to upgrade and replace old and unsuitable roofs that cannot withstand the infrastructure of solar installations. Even with low-cost or free solar, the cost of updating a roof is a barrier most households face.7/8/2021Updated plan language on page 183 for E-1.4 to read: As part of this strategy, the City could establish additional funding and incentives for solar installation and associated home improvements through a partnership with organizations such as GRID Alternatives. Comment # Name Organization Section Category Sub‐Section Name Page #(s) CommentsDate received Staff ResponseComments for Public Review Draft Central Southeast Area Specific Plan 37N/ALeadership Council for Justice and Accountability8 Next Steps and FundingImplementation Whole Chapter 189-198While the Draft CSESP includes projects and goals in line with residents' concerns and priorities, the plan lacks actionable next steps with timelines. Throughout our engagement, resident partners supported the proposed changes and renderings. However, everyone also had the same question or concern of “when will this be done?” or “how do we do this?” We recommend developing a similar implementation matrix as seen in the Southwest Specific Plan. The implementation matrix should have the Goal/Strategy title, tier, description on the project, the implementing parties, a time frame, and the funding source. Similarly, there need to be cost estimates to the actions identified throughout the plan to make it easier for council members, developers, and nonprofits to assess the funding amount required to implement the projects.7/8/2021Staff feels the comment is addressed in the Specific Plan. The Specific Plan includes all of the Goals ranked based on the community's priorities and a section that identifies how the plan should be tracked over the Plan horizon. This included language that identifies the Plan as being a "living document" that "should be monitored and updated on a regular basis to reflect progress, new lessons learned, changing circumstances, new opportunities, and community priorities over time." It identifies the need for the establishment of a "community meeting schedule to review progress, successes, and challenges with CSE Fresno residents and partners. This process would allow the community to request modifications to strategies and actions or changes in priorities." 38N/ALeadership Council for Justice and Accountability8 Next Steps and FundingRequested Edits 8.3 Next Steps and Plan Tracking 192Additionally, the implementation committee outlined in the Draft needs stronger language surrounding the role and responsibilities of this committee. It needs to require developing an implementation committee reflective of the community and responsible for ensuring it is implemented accordingly. We have provided red outline marks to the current language of the implementation highlighted on Page 192 of the Draft: i. “The City should will establish a community meeting schedule and implementation committee to review progress, successes, and challenges with CSE Fresno residents and partners. This process would allow the community to request modifications to strategies and actions or changes in priorities. Following this meeting, City staff should will provide a progress report to City Council, which if necessary, will include recommended updates to Plan strategies or priorities.” This will allow the plan to flourish and keep track of progress to update it every couple of years and make changes as necessary. Furthermore, establishing the implementation committee should include a commitment to ensure that community members are informed of every step involved in creating the committee, including how they can participate in the committee as members or the public. This process should be transparent and inclusive of residents on the committee and not solely stakeholders. This committee should have the authority to vet and approve proposed projects ensuring all development stays true to the CSESP, review the implementation of CSESP policies, and propose methods to implement the Plan.7/8/2021Comment appreciated - Plan language not changed. 39N/ALeadership Council for Justice and Accountability8 Next Steps and FundingGoals, policies, and objectives/Implementation8.2 Community Priorities 189 - 191We appreciate Staff’s efforts in developing a straightforward chart identifying the community’s priorities and organizing them by preference levels. We recommend the following Goals move to Tier 1 of priorities: a. PS 2. Ensure that neighborhoods are clean and attractive ● Residents have consistently expressed they want to live in safe and clean communities, and strategy PS-2 directly addresses the concerns made by residents. Strategies PS 2.1, 2.2, and 2.3 all contain actions that residents advocate for and support. Additionally, PS 2.1, which focuses on working with Code Enforcement, should include language around apartment/property owners maintaining their trash bins in good, clean condition by cleaning up around the containers they are responsible for. b. LU 2.3: Create a new mixed-use neighborhood node around the vacant Hanoian Shopping Center to ensure that residents can meet their daily needs within comfortable walking distance. ● The vacancy of Hanoian is an issue residents bring up often and have advocated for the use of this underutilized parcel. We recommend LU-2.3 be added to Tier 1 and prioritize the use of Hanoian as a community garden, a walking trail, or a park to increase the amount of open space and parks.7/8/2021The Goals were prioritized by the Steering Committee and Community, and there will be future opportunities to reprioritize the Goals. Comment # Name Organization Section Category Sub‐Section Name Page #(s) CommentsDate received Staff ResponseComments for Public Review Draft Central Southeast Area Specific Plan 40Anonymous N/A3 Land Use and Urban DesignGeneral CommentsFigure 3-15 62Pagina # 62 Seccion 3 - I5 fresno Recycling Mi nombre es Maria y mi comentario es sobre el centro de reciclaje en lo personal estoy de acucido con la estra tejia de removerlo ya que en el Vecindario tenemos muchos problemas por que siempre hay muchas personas sin hogar al rededor y por consecuencia hay muchos problemas de drogas y nuestros hijos tienen que mirar eso diariamente.7/26/2021Comment appreciated.41Anonymous N/A3 Land Use and Urban DesignGeneral CommentsFigure 3-16 65Pagina # 65 Seccion 3 - 16 En este espacio nuestro mayor problema que tenemos es el nuevo estble eiminto donde se uenden todo tipo de cosas por las noches solo pasar por hay damiedo por que hay se juntan muchas personas que no dan confiansa y cerca de ay sa encuentra una escuela y creo que eso no es algo que quiesiean odeuieran tener hay7/26/2021Comment appreciated.42Anonymous N/A3 Land Use and Urban DesignGeneral CommentsFigure 3-11. Conceptual Plan for Redevelopment of Vacant Site North of Mosqueda Center68El centro mosqueda si es un espacio que si tuviera mas cmercios seria muy bueno para el vecindario ya que no tenemos muchos comerclos cerca que podamos visitor.7/26/2021Comment appreciated - the Specific Plan includes proposed Land Use Changes that would allow for a wider variety of uses around the center. 43Anonymous N/A3 Land Use and Urban DesignGeneral CommentsLU-7.2. Construct temporary housing options in CSE Fresno (e.g. Tiny Home communities) forhomeless residents or others in need of transitional housing. 76Creo que las casas Diminiutas seria una buna estrategia porque el mayor problema que tenemos en nuestro veindario es de personas sin hogar caminando todo el dia por nuestros hogares y Callejones. 7/26/2021Comment appreciated - the Specific Plan includes strategies to have more affordable and missing middle housing built. 44Anonymous N/A3 Land Use and Urban DesignRequested EditsLU-8.3. Develop an Alley Improvement Program to help residents repurpose or transform alleyways into active and safe spaces, PS-2.2. Organize community clean-up days.80, 181ha majoria de nuestros callejones estan en muy mal estado rayados y creo que seria bucha idea organizar limpiesas en lo personal yo he aydado en la limpiesa de callejones donde hemos limpiesa de callejones donde hemos encontado toda lase de objetos Peligrosos. Uidioillandas Metal. Comment appreciated - Strategy LU-8.3 calls for the development of an Alleyway Improvement Program to help residents repurpose or transform alleyways.45Anonymous N/A4 Transportation, Public Realm, InfrastructureGeneral CommentsFigure 4-11. Proposed Intersection Improvements at Chestnut and Hamilton Avenues116Yo vivo en estas calles y el mayor Problema que tenemos es el transito cuando en tran los niños a la escuela ya que se juntan las dos escuelas y ay muchos personas y niños caminando y aueses las personas el no respetan a los peatones ocupamas mas seguridad.Comment appreciated.46Anonymous N/A5 Parks and Open SpaceGeneral CommentsP-1.1. Build new parks, open spaces, and recreational facilities, prioritizing underserved areas136Un parque para nuestro vecindario seria muy bueno ya que no contamos con ninguno que este relativamente cerca que podamos llegor a el caminando.Comment appreciated - the Specific Plan includes strategies to increase access to parks. 47Anonymous N/A6 Economic DevelopmentGoals, policies, and objectives/ImplementationED-3.3. Partner with private industry to bring recruitment, job training, and apprenticeship programs to the neighborhood.160Tenemos dos escuelas en nuestro vecindario que seria bueno que tuviera mas programas para a dultos por las tardes o entrenamiento para diferentes carreras.Comment appreciated - Strategy P-3.1. Calls for expanded programming at parks and community facilities to provide diverse opportunities for physical activity, creativity, learning, and social interaction for children and seniors.48Anonymous N/A 7 Quality of LifeGeneral CommentsPH-1.3. Transform vacant and underutilized properties into community gardens and street tree nurseries.172A mi familia nos encantaria tener un jardin comunitario por que ademas de tener nuestras verduras paonramos tiempo familiar y a provechariamos espacios.Comment appreciated - Strategy PH-1.3. calls for transforming vacant and underutilized properties into community gardens and street tree nurseries. 49Resident SophiaN/A N/A Implementation N/A N/AWhen will this start? I have been a resident in Southeast for over 50 yrs and nothing has changed other than planting some trees and shrubs. Southeast has gotten worse and worse.7/26/2021Comment appreciated - the Specific Plan identifies Next Steps in section 8.350Resident SophiaN/A N/AGeneral CommentsN/A N/ATalk is cheap! The people that live in Southeast don't think their city cares about them or their concerns. Action is now required. No more talk.7/26/2021 Comment appreciated.51Resident SophiaN/A N/AGeneral CommentsN/A N/ALong time business that were in Southeast are moving because the homeless and gangs and drugs have made it very hard to run their business, so they move. Now there are numerous abandoned builings being tagged and broken into!7/26/2021Comment appreciated - The Specific Plan contains various strategies to activate these sites to meet community needs for housing, parks, and other essential services.52Resident SophiaN/A N/AGeneral CommentsN/A N/AMy grandchildren don't visit me cause I don't feel it is safe. I go visit them. Help! Help! Help!7/26/2021 Comment appreciated. NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA WWW.FIRSTCARBONSOLUTIONS.COM DRAFT Subsequent Mitigated Negative Declaration for Fresno Central Southeast Area Specific Plan City of Fresno, Fresno County, California Prepared for: City of Fresno 2600 Fresno Street, Room 3065 Fresno, CA 93721 559.621.2489 Contact: Drew Wilson, Supervising Planner, Planning and Development Department Prepared by: FirstCarbon Solutions 7726 N. First Street, #413 Fresno, CA 93720 714.508.4100 Contact: Mary Bean, Project Director Phil Ault, Project Director Rachel Krusenoski, Project Manager Report Date: February 1, 2023 THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration Table of Contents FirstCarbon Solutions iii Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Table of Contents Acronyms and Abbreviations ........................................................................................................ v Section 1: Introduction ................................................................................................................. 1 1.1 - Purpose.............................................................................................................................. 1 1.2 - Project Location ................................................................................................................. 1 1.3 - Environmental Setting ....................................................................................................... 2 1.4 - Project Background ........................................................................................................... 4 1.5 - Project Description ............................................................................................................ 6 1.6 - Project Objectives .............................................................................................................. 8 1.7 - Required Discretionary Approvals ................................................................................... 10 1.8 - Intended Uses of this Document ..................................................................................... 10 Section 2: Environmental Checklist and Environmental Evaluation ............................................... 21 2.1 Aesthetics, Light, and Glare ........................................................................................ 22 2.2 Agriculture and Forestry Resources ........................................................................... 27 2.3 Air Quality ................................................................................................................... 32 2.4 Biological Resources ................................................................................................... 49 2.5 Cultural Resources and Tribal Cultural Resources ...................................................... 71 2.6 Energy ......................................................................................................................... 87 2.7 Geology, Seismicity, and Soils ..................................................................................... 95 2.8 Greenhouse Gas Emissions ...................................................................................... 103 2.9 Hazards and Hazardous Materials ............................................................................ 108 2.10 Hydrology and Water Quality ................................................................................... 115 2.11 Land Use and Planning ............................................................................................. 123 2.12 Mineral Resources .................................................................................................... 125 2.13 Noise ......................................................................................................................... 127 2.14 Population and Housing ........................................................................................... 139 2.15 Public Services .......................................................................................................... 142 2.16 Recreation ................................................................................................................ 148 2.17 Transportation .......................................................................................................... 150 2.18 Utilities and Service Systems .................................................................................... 165 2.19 Wildfire ..................................................................................................................... 172 2.20 Mandatory Findings of Significance ......................................................................... 175 Section 3: List of Preparers ....................................................................................................... 177 Cultural Resources and Tribal Cultural Resources Supporting Information A.1 - Records Search Map A.2 - California Historical Resources Information System Request and Results A.3 - Native American Heritage Commission Request, Response, and Letters Transportation Supporting Information B.1 - Final Traffic Study Memorandum B.2 - Vehicle Miles Traveled Analysis City of Fresno–Fresno Central Southeast Area Specific Plan Table of Contents Subsequent Mitigated Negative Declaration iv FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx List of Tables Table 1: Existing General Plan Land Uses in the Specific Plan Area ........................................................ 3 Table 2: Proposed Land Uses in the Central Southeast Fresno Specific Plan .......................................... 6 Table 3: Proposed Subareas in the Central Southeast Fresno Specific Plan ........................................... 7 Table 4: Recommendations on Siting New Sensitive Land Uses ........................................................... 34 Table 5: Vegetation Communities within the Specific Plan Area .......................................................... 50 Table 6: Vegetation Community Types and Description ....................................................................... 55 Table 7: Special-status Plant Species within the Plan Area ................................................................... 56 Table 8: Special-status Wildlife Species within the Plan Area ............................................................... 61 Table 9: Cultural Resources Recorded Within a 0.5-mile Radius of the Specific Plan Area .................. 72 Table 10: Previous Investigations Within a 0.5-mile Radius of the Specific Plan Area.......................... 76 Table 11: Transportation (Non–Aircraft) Noise Source ....................................................................... 130 Table 12: Stationary Noise Sources ..................................................................................................... 130 Table 13: Ambient Noise Levels .......................................................................................................... 131 List of Exhibits Exhibit 1: Regional Location Map .......................................................................................................... 11 Exhibit 2: Local Vicinity Map ................................................................................................................. 13 Exhibit 3: Specific Plan Area Map .......................................................................................................... 15 Exhibit 4: Existing Land Use Map .......................................................................................................... 17 Exhibit 5: Proposed Land Use Map ....................................................................................................... 19 Exhibit 6: Land Cover Types and Vegetation Communities ................................................................... 53 Exhibit 7: CNDDB Special-status Species Occurrences .......................................................................... 59 Exhibit 8: Existing and Proposed Transit Network .............................................................................. 155 Exhibit 9: Proposed Bicycle Network .................................................................................................. 159 Exhibit 10: Proposed Pedestrian Network .......................................................................................... 161 City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration Acronyms and Abbreviations FirstCarbon Solutions v Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx ACRONYMS AND ABBREVIATIONS °C degrees Celsius (Centigrade) °F degrees Fahrenheit µg/m3 micrograms per cubic meter AAQS Ambient Air Quality Standards AB Assembly Bill AFY acre-feet per year ALUC Airport Land Use Commission ALUCP Airport Land Use Compatibility Plan AQMD Air Quality Management District AQMP Air Quality Management Plan AQP Air Quality Plan ARB California Air Resources Board ARB Handbook ARB Air Quality and Land Use Handbook: A Community Health Perspective ARFF Airport Rescue Fire Fighting ASCE American Society of Civil Engineers ATP Active Transportation Plan BAU Business as Usual BERD Built Environment Resource Directory BMP Best Management Practices BRT Bus Rapid Transit BWF Base Wastewater Flow CAA Clean Air Act CAFE Corporate Average Fuel Economy Cal/EPA California Environmental Protection Agency CAL FIRE California Department of Forestry and Fire Protection CalEEMod California Emissions Estimator Model CALGreen California Green Building Standards Code Cal/OES California Governor’s Office of Emergency Services CalRecycle California Department of Resources Recycling and Recovery Caltrans California Department of Transportation CARTS Cedar Avenue Recycling and Transfer Station CBC California Building Standards Code CCR California Code of Regulations CDFW California Department of Fish and Wildlife CDMG California Division of Mines and Geology City of Fresno–Fresno Central Southeast Area Specific Plan Acronyms and Abbreviations Subsequent Mitigated Negative Declaration vi FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx CEC California Energy Commission CEQA California Environmental Quality Act CESA California Endangered Species Act CFC California Fire Code CH 4 methane CHL California Historical Landmarks CHP combined heat and power CMP Construction Management Plan CNDDB California Natural Diversity Data Base CNEL Community Noise Equivalent Level CNPS California Native Plant Society CO carbon monoxide CO 2 carbon dioxide COG Council of Governments CPHI California Points of Historical Interest CPUC California Public Utilities Commission CRHR California Register of Historical Resources CSE Central Southeast CSMP Collection System Master Plan CWA Clean Water Act dB decibel DOC California Department of Conservation DOT Department of Transportation DPM diesel particulate matter DTSC California Department of Toxic Substances Control DWR California Department of Water Resources EIR Environmental Impact Report EISA Energy Independence and Security Act EOC Emergency Operations Center EOP Emergency Operations Plan EPA United States Environmental Protection Agency EPO Emergency Preparedness Officer EV electric vehicle FAX Fresno Area Express FBO Fixed Base Operator FCS FirstCarbon Solutions FEMA Federal Emergency Management Agency FFD Fresno Fire Department City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration Acronyms and Abbreviations FirstCarbon Solutions vii Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx FHSZ Fire Hazard Severity Zone FID Fresno Irrigation District FIRM Flood Insurance Rate Map FMC Fresno Municipal Code FMFCD Fresno Metropolitan Flood Control District FMMP Farmland Mapping and Monitoring Program FPD Fresno Police Department FPP Farmland Preservation Program FTA Federal Transit Administration ft-L footlambert FUSD Fresno Unified School District GHG greenhouse gas GSP Groundwater Sustainability Plan GWh gigawatt-hours GWP global warming potential HCP Habitat Conservation Plan HEPA high-efficiency particulate air HRA Health Risk Assessment HSC Health and Safety Code HVAC heating, ventilation, and air conditioning KCNP Kings Canyon National Park LEEDTM Leadership in Energy and Environmental Design LOS Level of Service LRA Local Responsibility Area MBTA Migratory Bird Treaty Act MEIR Master Environmental Impact Report mgd million gallons per day MM Mitigation Measure mpg miles per gallon mph miles per hour MRZ Mineral Resource Zone N 2 O nitrous oxide NAHC Native American Heritage Commission NCCP Natural Community Conservation Plan NEVs neighborhood electric vehicles NIMS National Incident Management System NKGSA North King Groundwater Sustainability Agency NO 2 nitrogen dioxide City of Fresno–Fresno Central Southeast Area Specific Plan Acronyms and Abbreviations Subsequent Mitigated Negative Declaration viii FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx NO x oxides of nitrogen NPDES National Pollutant Discharge Elimination System NRHP National Register of Historic Places NSR New Source Review OEHHA State Office of Environmental Health Hazard Assessment OPR Office of Planning and Research PARCS Parks, After School, Recreation, and Community Services PEIR Program Environmental Impact Report PG&E Pacific Gas and Electric Company PM 10 particulate matter less than 2.5 microns in diameter PM 2.5 particulate matter less than 10 microns in diameter POSS Parks, Open Space, and Schools ppm parts per million PPV peak particle velocity PWWF Peak Wet Weather Flow ROG reactive organic gases RPS Renewable Portfolio Standard RTP Regional Transportation Plan RWQCB Regional Water Quality Control Board RWRF Regional Wastewater Reclamation Facility SB Senate Bill SCS Sustainable Communities Strategy SEMS Standardized Emergency Management System SJVAB San Joaquin Valley Air Basin SJVLS San Joaquin Valley Library System SMARA Surface Mining and Reclamation Act SO 2 sulfur dioxide SOI Sphere of Influence SO x sulfur oxides SR State Route SRA State Responsibility Area SSJVIC Southern San Joaquin Valley Information Center SWPPP Storm Water Pollution Prevention Plan SWTF Surface Water Treatment Facility TAC toxic air contaminant T-BACTs Best Available Control Technologies for Toxics TCR Tribal Cultural Resource TRU Transport Refrigeration Unit City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration Acronyms and Abbreviations FirstCarbon Solutions ix Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx USACE United States Army Corps of Engineers USDA United States Department of Agriculture USDOT United States Department of Transportation USFWS United States Fish and Wildlife Service UST underground storage tank UWMP Urban Water Management Plan Valley Air District San Joaquin Valley Air Pollution Control District VHFHSZ Very High Fire Hazard Severity Zone VMT Vehicle Miles Traveled VOC volatile organic compounds WMD Wastewater Management Division WWF Wet Weather Flow ZEV Zero-Emission Vehicle ZNE zero-net-energy THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration Introduction FirstCarbon Solutions 1 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx SECTION 1: INTRODUCTION 1.1 - Purpose The purpose of this Draft Initial Study/Subsequent Mitigated Negative Declaration (Draft IS/Subsequent MND) is to identify any potential environmental impacts that would result from implementation of the Fresno Central Southeast Area Specific Plan Project (proposed project) in the City of Fresno (City), in Fresno County, California. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15367, the City is the Lead Agency and has discretionary authority over the proposed project and the preparation of this Draft IS/Subsequent MND and any additional environmental documentation required for the proposed project. The intended use of this document is to analyze the proposed project pursuant to the requirements of CEQA and to provide the basis for input from public agencies, organizations, and interested members of the public. The remainder of this section provides a brief description of the project location and the primary project characteristics. Section 2 includes an environmental checklist that provides an overview of the potential impacts that may result from project implementation, elaborates on the information contained in the environmental checklist, and provides justification for each checklist response, and Section 3 contains the List of Preparers. 1.2 - Project Location Location Regional Location The Central Southeast Area Specific Plan Area (Specific Plan Area) is located in the southeast area of the City, in Fresno County (County), California (Exhibit 1). The City is located in the central San Joaquin Valley, approximately 200 miles north of Los Angeles, and 170 miles south of Sacramento. The City is located on the State Route (SR) 99 corridor. Local Setting The Specific Plan Area is approximately 2,200 acres just east and southeast of Downtown Fresno and is bounded by Belmont Avenue to the north, East Avenue to the west, Church Avenue to the south, and Peach Avenue to the east (Exhibit 2). Additionally, the Specific Plan Area is located within the Roosevelt Community Plan Area. The Specific Plan Area sits just north of the Industrial Triangle and is surrounded to the west by some of the oldest City neighborhoods and to the east by unincorporated County agricultural lands (Exhibit 3). The northernmost portion of the Specific Plan Area is 0.25 mile from access to State Route 180 (SR-180), while the southern portion of the Specific Plan Area generally runs along city limits, adjacent to and circumventing several unincorporated lands under the jurisdiction of the County. The Specific Plan Area is located on the Clovis, Fresno South, and Malaga, California United States Geological Survey (USGS) 7.5-minute Topographic Quadrangle Map Range 20 East, Township 13 South, Section 36; Range 21 East, Township 13 South, Section 31; Range 20 East, Township 14 City of Fresno–Fresno Central Southeast Area Specific Plan Introduction Subsequent Mitigated Negative Declaration 2 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx South, Sections 1, 2, 11, 13, 14, 23, 24; and Range 21 East, Township 14 South, Sections 5,6, 7, 8, 17, 18, 19. 1.3 - Environmental Setting Existing Land Use Activities The Specific Plan Area represents approximately 3 percent of the City. The Specific Plan Area includes approximately 30,624 people and 9,150 households and is characterized by a blend of older single-family and multi-family housing developments, industrial facilities, public facilities, vacant land, and commercial areas such as Ventura/Kings Canyon Road. The Specific Plan Area includes several regional and local institutions, including the Fresno Fairgrounds, the Sal Mosqueda Community Center, and Fresno Pacific University. The San Joaquin Valley Railroad operates a local freight distribution line that provides services to existing industrial facilities adjacent to California Avenue. The Specific Plan Area contains approximately 112 acres of parklands and has a park ratio of 1.68 acres per 1,000 residents. The Specific Plan Area is primarily delineated by five major arterials and a network of wide collectors that form 0.5 mile square quarter-tracts as well as local roads with a single lane in each direction. Maple Avenue, a four-lane collector; Chestnut Avenue, a four-lane arterial; and Willow Avenue, a two-lane collector, are the principal north–south roadways within the Specific Plan Area. East Kings Canyon Road, a four-lane arterial, and East Butler Avenue, a three-lane collector, run parallel to SR- 180 and the California Avenue railroad right-of-way and are the principal east–west roadways within the Specific Plan Area. Most roadways in the Specific Plan Area operate acceptably under the City’s traffic impact thresholds. There are currently no plans for road widening capacity improvements within the Specific Plan Area, except for Willow Avenue (north of Kings Canyon Road), which is planned to be expanded from two to four lanes. In addition, a roadway segment of Lane Avenue, from Chestnut Avenue to Willow Avenue, is planned to reduce traffic lanes. The Braley Canal enters the Specific Plan Area from the southeast and flows parallel to California Avenue extending from Orange Avenue, which forms the western border of the Specific Plan Area past Peach Avenue, which forms the eastern border of the Specific Plan Area. Existing General Plan Designations and Zoning Existing uses in the Specific Plan Area include a mix of suburban housing developments, public facilities, strip shopping centers, industrial uses, and vacant land (Exhibit 4). The Specific Plan’s Existing Conditions Report (Appendix A) includes the following key land use designations for the Specific Plan Area: Residential – Medium Density (approximately 22 percent of the total acreage); Public Facilities (approximately 20 percent of the total acreage); Residential – Medium Low Density (approximately 10 percent of the total acreage); and Vacant (approximately 9 percent of the total acreage). The existing land uses in the Specific Plan Area are further described in Table 1 below. City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration Introduction FirstCarbon Solutions 3 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Table 1: Existing General Plan Land Uses in the Specific Plan Area Land Use Designation Approximate Acres of Land Use in Specific Plan Area Percent of Total Specific Plan Area Residential–Rural 12.2 0.7% Residential–Low Density 18.1 1.0% Residential–Medium Low Density 173.3 9.7% Residential–Medium Density 384.9 21.5% Residential–Medium High Density 130.9 7.3% Residential–High Density 134.2 7.5% Residential–Mobile Home Park 27.6 1.5% Commercial–Community 114.9 6.4% Commercial–General 11.1 0.6% Commercial–Neighborhood 22.1 1.2% Commercial–Office 2.7 0.1% Commercial–Parking 4.9 0.3% Employment–Heavy Industrial 56.2 3.1% Employment–Light Industrial 9.3 0.5% Open Space 119.6 6.7% Park 39.9 2.2% Public Facility 366.5 20.4% Railroad 10.6 0.6% Vacant 153.7 8.6% Total 1,792.5 100% Notes: All acreage values are approximate. Source: City of Fresno, Fresno Central Southeast Specific Plan Existing Conditions Report, 2022. The vast majority of commercial uses are located along Ventura/Kings Canyon Road (Commercial– Community), with very limited neighborhood and general commercial uses along Orange Avenue and Butler Avenue. Most of the Commercial–Community uses are in the form of strip shopping centers and include a mix of discount stores, fast food restaurants, and regional commercial retailers such as Walmart, Home Depot, and Big Lots, with a few smaller independent shops and restaurants scattered throughout. Office uses in the Specific Plan Area are limited to just a few small parcels on either side of Ventura/Kings Canyon Road. The southern portion of the Specific Plan Area around California Avenue is dominated by heavy and light industrial facilities. Vacant and underutilized land also make up a large portion of the Specific Plan Area. Underutilized land includes parcels that are partially vacant, comprised primarily of surface parking lots, have City of Fresno–Fresno Central Southeast Area Specific Plan Introduction Subsequent Mitigated Negative Declaration 4 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx vacant buildings, or where existing buildings are aging and/or lower density than what is allowed on the site. 1.4 - Project Background City of Fresno General Plan The City Council adopted the Fresno General Plan (General Plan) and Master Environmental Impact Report (MEIR) in December 2014. In 2021, the City certified a Program Environmental Impact Report (PEIR) that evaluated the General Plan, including text changes to the Mobility and Transportation Element related to Vehicle Miles Traveled (VMT) analysis, and an update to the Greenhouse Gas Reduction Plan. The PEIR was certified by the City on September 30, 2021. In doing so, the City converted the previously certified MEIR to a PEIR with the goal of extending the life of the environmental document pursuant to State CEQA Guidelines Section 15179. This update is intended to streamline implementation of the General Plan’s programs and policies by supporting them with updated environmental analysis, a current regulatory framework and mitigation measures, pursuant to CEQA. There have been minimal changes to the land use designations within the Specific Plan Area since the 2014 General Plan MEIR was certified, and there are no land use changes adopted for the Specific Plan Area as part of the 2021 General Plan PEIR. The City adopted a new Development Code in December 2015, establishing new zoning districts, permitted uses, development standards, and procedures to align with the General Plan. Amendments to the General Plan Since the General Plan was adopted and the MEIR was certified in 2014, several amendments to the General Plan have been adopted, and new local, State, and/or federal regulations have been enacted, including the following: • Downtown Neighborhoods and Community Plan, 2016 • Fulton Corridor Specific Plan, 2016 • Housing Element, 2017 • Southwest Fresno Specific Plan, 2017 • Active Transportation Plan, 2017 • Parks Master Plan, 2018 • Approximately 32 General Plan Amendments (GPAs) involving over 150 sites • New airport land use plans and noise contours, 2018 City of Fresno Central Southeast Area Specific Plan The proposed project would create the City of Fresno Central Southeast Area Specific Plan (Specific Plan), a long-range planning document that provides a vision for growth and development in the community over the next 20 to 30 years. The proposed Specific Plan would address a wide range of topics that impact the quality of life in the community, including affordable housing, jobs and economic development, transportation, parks and open space, and a healthy environment. City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration Introduction FirstCarbon Solutions 5 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Specific Plan Approval Process The proposed Specific Plan is a policy-level document and does not include any specific development proposals. Therefore, the Specific Plan would be adopted solely by the City Council. The Planning Commission and other decision-making bodies would review the Specific Plan and make recommendations to the City Council. In addition, the City may consult with the Airport Land Use Commission (ALUC) to review the Specific Plan. While other agencies may be consulted during the adoption process, their approval is not required for adoption of the proposed Specific Plan. However, subsequent development under the proposed Specific Plan may require approval of State, federal and responsible trustee agencies that may rely on the program-level analysis in this Draft IS/Subsequent MND for decisions in their areas of expertise. Contents of the Specific Plan The proposed Specific Plan is organized into the following eight chapters. A set of objectives and implementing policies are provided in each relevant chapter. The Specific Plan’s chapters are as follows: Introduction This chapter provides a broad overview of the planning context, community engagement process, and organization of the Specific Plan. Vision and Goals This chapter outlines the vision and guiding principles for the Specific Plan Area that were articulated during the community engagement process. Land Use and Urban Design This chapter describes the proposed land uses in the Specific Plan Area. It also outlines a unique set of goals and strategies that pertain to future desired uses and development in each “change area” or subarea in the Specific Plan Area. Transportation, Public Realm, and Infrastructure This chapter outlines priority circulation improvements for all travel modes–including walking, bicycling, driving, and transit–and specific design recommendations to make streets and pathways more walkable and comfortable for residents of the Specific Plan Area. It also includes utility and infrastructure needs in the Specific Plan Area. Parks and Open Space This chapter describes the existing context for public parks, open spaces, and recreational facilities within the Specific Plan Area and identifies key opportunities for improvement. Strategies include both new parks on opportunity sites and enhanced programming at existing facilities. Economic Development This chapter outlines an inclusive and sustainable economic development strategy that targets growth in key industry sectors, as well as improved economic opportunity for the Specific Plan Area and businesses through job training and workforce development. City of Fresno–Fresno Central Southeast Area Specific Plan Introduction Subsequent Mitigated Negative Declaration 6 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Quality of Life This chapter outlines strategies to improve quality of life in the Specific Plan Area by addressing the social and environmental determinants of health. This multifaceted approach includes improving public safety, promoting healthy lifestyles, mitigating environmental hazards, and building capacity within communities. Topics covered include public health, public safety, environment and environmental justice, and community empowerment. Next Steps and Funding This chapter summarizes the community priorities, next steps, and potential funding and financing strategies to implement the Plan’s recommended improvements and programs. 1.5 - Project Description Project Summary The proposed Specific Plan would address community needs and guide future public and private development to create a more vibrant, attractive, equitable, and healthy community in a way that builds upon the social and cultural strengths of the existing Community Plan Area. The Specific Plan is a continuation of the recent Downtown Neighborhoods Community Plan, adopted in 2016, picking up where the Downtown Neighborhoods Community Plan left off along the northwestern boundary. Proposed Land Uses The proposed land use designations of the Specific Plan are consistent with the General Plan; however, the Specific Plan proposes changing the land use designation for some of the Specific Plan Area’s parcels, which will require the General Plan Land Use map to be amended. The proposed Specific Plan includes land use changes that would reclassify some parcels to match uses currently on the ground that are likely to remain for the foreseeable future (Exhibit 5). These changes would also change concentrations of vacant lands or facilities along the Kings Canyon Corridor, reduce oversized parking lots near the Maple Avenue and Butler Avenue intersection, and develop underutilized land near the Cedar Avenue and Butler Avenue intersection. The Specific Plan would also create higher intensity mixed-use infill opportunities along priority corridors and at key opportunity sites, strengthen neighborhoods that provide a range of office types, and include office, clean tech, and other non-nuisance employment generating uses that provide a buffer between industrial neighborhoods. Overall, development consistent with the proposed project would reduce the total amount of the development in the Specific Plan Area compared to what was contemplated by the General Plan. Table 2 below describes the land use classifications that are proposed with implementation of the Specific Plan. Table 2: Proposed Land Uses in the Central Southeast Fresno Specific Plan Land Use Designation Proposed Acres of Land Uses in Specific Plan Area Percent of Total Specific Plan Area Residential–Low Density 2 acres 0.1% City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration Introduction FirstCarbon Solutions 7 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Land Use Designation Proposed Acres of Land Uses in Specific Plan Area Percent of Total Specific Plan Area Residential–Medium Low Density 144 acres 8.0% Residential–Medium Density 422 acres 23.6% Residential–Medium High Density 341 acres 19.1% Residential–Urban Neighborhood 46 acres 2.6% Commercial–Community 14 acres 0.8% Commercial–General 2 acres 0.1% Employment–Office 89 acres 5.0% Employment–Light Industrial 0 acres 0% Employment–Heavy Industrial 0 acres 0% Mixed Use–Neighborhood 3 acres 0.2% Mixed Use–Corridor Center 201 acres 11.2% Open Space 53 acres 3.0% Park 51 acres 2.8% Public Facilities 402 acres 22.5% Railroad – – Vacant – – Total 1,770 100% Source: City of Fresno 2021. The subareas in the Specific Plan Area that are identified for comprehensive redevelopment include three corridors and three districts. Though unified under a single vision for the entire Specific Plan Area, each subarea possesses its own distinct identity, set of characteristics, and unique opportunity sites that will advance its transformation. The development proposed for each subarea is described in in Table 3. Tabl e 3: Proposed Subareas in the Central Southeast Fresno Specific Plan Subarea Types Subarea Name/Location Subarea Objective Major Projects Proposed (if applicable) Project Descriptions (if applicable) Corridors Kings Canyon Road Transform Kings Canyon into an active mixed-use corridor. Former UMC Hospital Redevelop the former UMC Hospital Site into a holistic health and wellness center. International Shopping and Entertainment Village Evolve strip shopping centers such as Asian Village into mixed-use/entertainment centers that focus on international food City of Fresno–Fresno Central Southeast Area Specific Plan Introduction Subsequent Mitigated Negative Declaration 8 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Subarea Types Subarea Name/Location Subarea Objective Major Projects Proposed (if applicable) Project Descriptions (if applicable) establishments and cultural shopping amenities. Butler Avenue Create a series of neighborhood centers along Butler Avenue. Mosqueda Regional Cultural and Community Center Build on the success of Mosqueda Center to expand this area into a hub for cultural activities, education, and recreation. Hanoian Shopping Center Redevelop Hanoian Shopping Center into a small mixed-use neighborhood center that will meet the daily needs of residents. Orange Avenue Evolve Orange Avenue into a neighborhood “main street.” Districts Fairgrounds Activate and strengthen connections to the Fresno Fairground as an important hub for community, cultural, and recreational activities. IRS Processing Center Redevelop the IRS site into an education campus and/or tech hub. Employment District Transform industrial areas into a business park/office/R&D district with clean/non-nuisance employment uses. Source: City of Fresno 2021. 1.6 - Project Objectives The objectives of the proposed project are to: • Emphasize cultural diversity. Protect and enhance the diverse cultures and ethnicities in the Specific Plan Area through historic preservation and recording of history, supporting multi- cultural events, protecting diverse retail establishments and promoting racial tolerance. This will allow all people, regardless of race, class, income or age, to thrive in the Specific Plan Area. • Keep the engaged population active. Continue the community’s history of having an active and engaged citizenry through the Specific Plan process. This includes engaging residents in the decision-making process, building capacity to implement the vision of the community, and engaging youth in civic activities. • Support the underserved. Protect and celebrate Specific Plan Area residents’ willingness to help one another and support those in need. • Preserve strong and unique neighborhoods. Preserve the character, identity and sense of place. As part of the process, strive to protect the character of neighborhoods while allowing for growth and change over time. City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration Introduction FirstCarbon Solutions 9 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx • Protect housing affordability and minimize displacement. Protect existing housing affordability and reduce the potential for the displacement of current residents as the area reaches its full potential. Strategies include supporting both market rate and affordable housing and creating more housing choice in the neighborhood to serve a diverse demographic of new and existing residents. • Enhance connections to Downtown. Build upon the Specific Plan Area’s strategic location in proximity to Downtown to enhance access to jobs, services, cultural, and other community amenities. • Improve safety. Improve safety in and around the Specific Plan Area through a range of strategies including increased pedestrian activity, more “eyes on the street,” community policing, better lighting, activation of vacant spaces, and an increased sense of ownership and stewardship by residents, workers, and visitors. • Enhance mobility and improve connectivity. Improve pedestrian, bicycle, transit, and vehicle connections with a focus on improving transportation safety (especially around schools and parks) and inexpensive mobility options. Expand transit service to ensure that residents can quickly and easily access jobs and services throughout the City. Support the recent Bus Rapid Transit (BRT) investment along Kings Canyon Road as an important strategy to better connect residents to jobs and services in Downtown and other parts of the City. • Expand access to educational opportunities. Seek to improve educational opportunities for residents of all ages. This includes improving youth education to expand access to opportunity, providing vocational training, and supporting on-the-job training at local businesses. As part of this strategy, partner with local educational institutions to ensure access for the Specific Plan Area residents. • Support economic vitality. Encourage an environment where diverse businesses can flourish and thrive. Expand job opportunities, workforce training programs, and support for local businesses. • Reduce pollution and protect environmental health. Improve air quality by supporting innovative programs for environmental sustainability and increase resilience of the community against hazards. Protect residents from the adverse health impacts of nearby industrial land uses. • Support health and equity. Promote equity, health, and well-being by providing a range of community services and access to healthcare, recreational opportunities, and healthy food options. Encourage the development of grocery stores, farmers’ markets, and community farming. • Build and improve parks and community facilities. Seek new ways to fund park maintenance and plan for new neighborhood parks, community facilities, and other public spaces that will provide a place for the community to gather, socialize, and play. • Invest in maintenance and beautification. Invest in maintaining and cleaning streets and public spaces. Improve walkability, sense of place, public spaces, and community aesthetics City of Fresno–Fresno Central Southeast Area Specific Plan Introduction Subsequent Mitigated Negative Declaration 10 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx through landscaping, streetscape treatments, and façade improvements. Create a welcoming community that is clean, safe, and inviting. • Encourage continued and expanded diversity of uses. Support a diverse mix of uses including retail, jobs, services, housing, civic spaces, and community facilities, particularly along Kings Canyon Road, in neighborhood retail areas and in nonresidential areas. Encourage retention of key retail and ethnic establishments while introducing more varied essential goods and services. • Utilize the Fairgrounds. Support existing events and encourage new events and flexible or temporary uses that will activate the Fresno Fairgrounds year-round, attract both local and regional populations and provide a long-term and tangible benefit for the Specific Plan Area residents. 1.7 - Required Discretionary Approvals As mentioned previously, the City has discretionary authority over the proposed project and is the CEQA Lead Agency for the preparation of the Draft IS/Subsequent MND. In order to implement the proposed project, the City would need to approve the following discretionary actions: • Adoption of Central Southeast Area Specific Plan and repeal of a portion of the Roosevelt Community Plan • Approval of the Subsequent Mitigated Negative Declaration • General Plan Amendment • Rezone 1.8 - Intended Uses of this Document This Draft IS/Subsequent MND has been prepared to determine the appropriate scope and level of detail required in completing the environmental analysis for the proposed project. This document will also serve as a basis for soliciting comments and input from members of the public and public agencies regarding the proposed project. The Draft IS/Subsequent MND will be circulated for a minimum of 30 days, during which comments concerning the analysis contained in the Draft IS/Subsequent MND should be sent to: Jennifer Clark, Director, Planning and Development Department c/o Drew Wilson, Supervising Planner, Planning and Development Department 2600 Fresno Street, Suite 3065 Fresno, CA 93721 559.621.8031 Jennifer.Clark@fresno.gov Drew.Wilson@fresno.gov 99 201 180 41 168 Fresno CountyTulare CountyMadera CountyFresno CountyMi ll er t o nLake Bi g Dr y C re ekReservoir He nsley L ake SierraNationalForest Clovis Fresno Sanger Reedley Selma Fowler Exhibit 1Regional Location Map 5 0 52.5 Miles Text Project Site Source: Census 2000 Data, The California Spatial Information Library (CaSIL). CITY OF FRESNOFRESNO CENTRAL SOUTHEAST SPECIFIC PLANSUBSEQUENT MITIGATED NEGATIVE DECLARATION 50000002 • 10/2022 | 1_regional.mxd Project Site THIS PAGE INTENTIONALLY LEFT BLANK 50000002 • 10/2022 | 2_local_vicinity.cdr CITY OF FRESNO FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN SUBSEQUENT MITIGATED NEGATIVE DECLARATION Exhibit 2 Local Vicinity Map Source: City of Fresno Central Southeast Area Specific Plan, April 2021. I THIS PAGE INTENTIONALLY LEFT BLANK 50000002 • 10/2022 | 3_Specific Plan Area Map.cdr CITY OF FRESNO FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN SUBSEQUENT MITIGATED NEGATIVE DECLARATION Exhibit 3 Specific Plan Area Map Source: City of Fresno Central Southeast Area Specific Plan, April 2021. I THIS PAGE INTENTIONALLY LEFT BLANK 50000002 • 10/2022 | 4_Existing Land Use Map.cdr CITY OF FRESNO FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN SUBSEQUENT MITIGATED NEGATIVE DECLARATION Exhibit 4 Existing Land Use Map Source: City of Fresno Central Southeast Area Specific Plan, April 2021. I THIS PAGE INTENTIONALLY LEFT BLANK I 50000002 • 10/2021 | 5_.cdrProposed Land Use Changes Exhibit 5 Proposed Land Use Changes RAIMI AND ASSOCIATES FRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECT ADDENDUM Source: City of Fresno Central Southeast Area Specific Plan, April 2021. THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 21 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx SECTION 2: ENVIRONMENTAL CHECKLIST AND ENVIRONMENTAL EVALUATION Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics, Light, and Glare Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources and Tribal Cultural Resources Energy Geology, Seismicity, and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation Utilities and Service Systems Wildfire Mandatory Findings of Significance Environmental Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measure based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Date: Signed: 2/3/2023 Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 22 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.1 Aesthetics, Light, and Glare Except as provided in Public Resources Code Section 21099, would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a State Scenic Highway? c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Specific Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Setting A scenic vista is typically a viewpoint that provides expansive views of a highly valued landscape for the benefit of the general public. According to the General Plan, no scenic vistas are identified or designated within the City.1 Although no scenic vistas have been officially designated, there may be locations within the City that could provide distant views of natural landscape features such as the Sierra Nevada Mountain Range and the San Joaquin River bluffs. Scenic highways are California highways designated by a local governing body and protected by the State Scenic Highway Program for the purpose of protecting and enhancing the natural scenic beauty of California highways and adjacent corridors through special conservation treatment. The California 1 City of Fresno. 2020. Fresno General Plan. Website: https://www.fresno.gov/darm/wp- content/uploads/sites/10/2019/07/ConsolidatedGP6182020.pdf. Accessed August 8, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 23 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Department of Transportation (Caltrans) identifies officially designated scenic highways through the California Scenic Highway Mapping System. State Route 180 (SR-180) is the only officially designated State Scenic Highway in the Fresno/Tulare County area.2 The portion of SR-180 that is officially designated begins at the Alta Main Canal near the City of Minkler to near the General Grant Grove section of Kings Canyon National Park (KCNP). There are also three eligible scenic highways in Fresno County (County), including SR-33, beginning at SR-198 to Coalinga; SR-168, beginning at Route 65 near the City of Clovis to the City of Huntington Lake; and SR-198, beginning at Interstate 5 (I-5) to SR-33.3 Additionally, the General Plan also identifies scenic corridors within the City and its Sphere of Influence (SOI). Public views of scenic corridors are considered those views as seen along a linear transportation route usually comprised of short-, middle-, and long-range views.4 The City’s General Plan identifies several scenic corridors; however, only four of these corridors are in the vicinity of the Specific Plan Area. These corridors include Peach Avenue from Belmont Avenue to Butler Avenue, which forms part of the Specific Plan Area’s eastern boundary; Minnewawa Avenue from Belmont Avenue to Kings Canyon Road; Butler Avenue from Peach Avenue to Fowler Street; and Huntington Boulevard from First Street to Cedar Avenue. Of the four, only Peach Avenue is located within the Specific Plan Area.5 The existing visual character of the Specific Plan Area exhibits a predominantly auto-oriented urban character and is largely characterized by a blend of older single-family and multi-family housing developments, industrial facilities, public facilities, vacant land, and commercial areas such as Ventura/Kings Canyon Road. Existing development within the City contributes substantial nighttime light. Existing sources of light in the vicinity of the project site include streetlights, parking lots, interior lights, and residential and nonresidential buildings along major thoroughfares. Localized glare is the result of roofing materials, polished exteriors, metal, and glass that comprises buildings within the Specific Plan Area. Would the project: a) Have a substantial adverse effect on a scenic vista? Less than significant impact. As mentioned above, the General Plan does not identify any scenic vistas within the City. The San Joaquin River bluffs contain publicly valued scenic features, but the Specific Plan Area is not visible from these vista points. Furthermore, views of the Sierra Nevada mountains are not visible from the Specific Plan Area due to existing development. As discussed above, the General Plan identifies one scenic corridor within the Specific Plan Area. General Plan Policy MT-3-a requires the implementation of measures to preserve and enhance scenic corridors, and Policy MT-3-b requires that street trees lining designated scenic corridors, such as the street 2 California Department of Transportation (Caltrans). 2019. California Scenic Highway Program: List of eligible and officially designated State Scenic Highways. Website: https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i- scenic-highways. Accessed August 30, 2022. 3 Ibid. 4 City of Fresno. 2020. Fresno General Plan. Website: chrome- extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.fresno.gov/darm/wp- content/uploads/sites/10/2019/07/ConsolidatedGP6182020.pdf. Accessed August 8, 2022. 5 Ibid. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 24 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx trees on both sides of Peach Avenue, be preserved. While the proposed project does not contemplate specific development in the Specific Plan Area, all future development in accordance with implementation of the proposed project on or near the portion of Peach Avenue that is designated a scenic corridor would be required to comply with these General Plan policies. Moreover, development consistent with the proposed project would reduce the total amount of the development in the Specific Plan Area compared to what was contemplated by the General Plan, reducing the potential impact to street trees. Additionally, the proposed project includes policies to further beautify the major thoroughfares within the Plan Area, including Kings Canyon Road and Butler Avenue. As a result, impacts to scenic vistas and the scenic corridors identified in the General Plan would be less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a State Scenic Highway? No impact. As described above, four eligible and officially designated State Scenic Highways are located within the County. The Specific Plan Area is located approximately 15 miles west of the portion of SR-180 that has been officially designated as a State Scenic Highway. The Specific Plan Area is located approximately 4 miles south of the eligible portion of SR-168, approximately 42 miles east from the eligible portion of SR-198, and approximately 45 miles east from the eligible portion of SR-33. Therefore, future development in accordance with implementation of the proposed project would not impact scenic resources within a designated or eligible State Scenic Highway. Therefore, no impact would occur. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less than significant impact. As discussed above, the Specific Plan Area is characterized as urban as it generally consists of older single-family and multi-family housing developments, industrial facilities, public facilities, vacant land, and commercial areas such as Ventura/Kings Canyon Road. There are no land uses within the Specific Plan Area that are designated for the protection of scenic views or scenic quality. Additionally, there are no rural or agricultural land uses within the Specific Plan Area. Moreover, while the proposed project increases the amount of land designated for Residential– Medium Density, Residential–Medium High Density, Employment–Office, and Public Facility, development consistent with the proposed project would reduce the total amount of the development in the Specific Plan Area compared to what was contemplated by the General Plan. Future development would also be required to undergo discretionary review by the City, which would ensure compliance with applicable land use and zoning requirements, and would ensure consistency with the policies and programs included in the General Plan. Future development would also be guided by the Specific Plan’s development requirements, which include goals and policies to improve the visual quality of the Specific Plan Area. For example, Specific Plan Policy ED-1.8 City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 25 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx establishes a Façade Improvement and Beautification Program in the Specific Plan Area, Policy T-3.1 aims to beautify the streets while improving pedestrian and bicyclist safety, and Policy LU-3.1 implements coordinated streetscape and frontage enhancements along Orange Avenue to revitalize and activate the public realm. Furthermore, one of the proposed project’s objectives is to invest in the maintenace and beautification of the Specific Plan Area. This objective is achieved by the proposed project through policies that promote cleaning streets and public spaces and improve walkability, sense of place, public spaces, and community aesthetics through landscaping, streetscape treatments, and façade improvements. As such, impacts to visual character and regulations related to scenic quality would be less than significant. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than signficant impact with mitigation incorporated. As discussed above in Impact 2.1(c), the proposed project increases the amount of land designated for Residential–Medium Density, Residential–Medium High Density, Employment–Office, and Public Facility. While future development consistent with the proposed project would be generally consistent with the densities and intensities of the existing land uses within the Specific Plan Area and would overall reduce the total amount of the development in the Specific Plan Area compared to what was contemplated by the General Plan, the proposed project could result in additional sources of light and glare. New development within the city limits could increase the amount of light from streetlights, exterior lighting systems on private and public property, exterior lighting from buildings, and vehicular headlights, resulting in light spillover onto adjacent properties and substantially illuminating the sky at night. However, all future development in accorandance with the proposed project would be required to be consistent with the City’s Development Code and implement General Plan PEIR Mitigation Measures (MM) (MM AES-4.1 through MM AES-4.5), which require lighting systems to include shields and direct light away from light-sensitive land uses, minimize light spillover, reduce lighting intensity, and use non-reflective surfaces. Because of the existing urban nature of the Specific Plan Area, implementation of these mitigation measures would reduce potential lighting impacts to a less than signficant level. Additionally, the Specific Plan includes policies that directly address light and glare in the Specific Plan Area. For example, Specific Plan Policy PS-1.3 provides guidance on lighting near schools and parks. Thus, impacts would be less than signficant. Mitigation Measures The following General Plan PEIR mitigation measures apply to the proposed project: MM AES-4.1 Lighting for Street and Parking Areas. Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light-sensitive land uses such as residences. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 26 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx MM AES-4.2 Lighting for Public Facilities. Lighting systems for public facilities such as active play areas shall provide adequate illumination for the activity; however, low intensity light fixtures and shields shall be used to minimize spillover light onto adjacent properties. MM AES-4.3 Lighting for Nonresidential Uses. Lighting systems for non-residential uses, not including public facilities, shall provide shields on the light fixtures and orient the lighting system away from adjacent properties. Low intensity fixtures shall also be used if excessive spillover light onto adjacent properties will occur. MM AES-4.4 Signage Lighting. Lighting systems for freestanding signs shall not exceed 100 foot lamberts (ft-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal foot-candles and shall not exceed 500 ft-L when adjacent to streets which have an average light intensity of 2.0 horizontal foot-candles or greater. MM AES-4.5 Use of Non-Reflective Materials. Materials used on building façades shall be non- reflective. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 27 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.2 Agriculture and Forestry Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the State’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act Contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or conversion of forest land to non-forest use? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Specific Plan Area’s parcels, which would require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. As further described below, the following analysis utilizes the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation (DOC) as Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 28 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx a model to use in assessing impacts on agriculture and farmland. The following analysis also utilizes information compiled by the California Department of Forestry and Fire Protection regarding the State’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board (ARB). Environmental Setting The DOC ’s Farmland Mapping and Monitoring Program (FMMP) was established by the State Legislature in 1982 to assess the location, quality, and quantity of agricultural lands and conversion of these lands over time. The FMMP has established five farmland categories. • Prime Farmland consists of the best combination of physical and chemical features able to sustain long-term agricultural production. Irrigated agricultural production is a necessary land use 4 years prior to the mapping date. The land must be able to store moisture and produce high yields. • Farmland of Statewide Importance possesses similar characteristics to Prime Farmland with minor shortcomings, such as less ability to hold and store moisture and more pronounced slopes. • Unique Farmland has a production history of propagating crops with high economic value. • Farmland of Local Importance is important to the local agricultural economy. Local advisory committees and county specific board of supervisors determine this status. • Grazing Land is suitable for browsing or grazing of livestock. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? Less than significant impact with mitigation incorporated. Presently, the Specific Plan Area does not contain any land designated for agricultural uses. The FMMP identifies the vast majority of the Specific Plan Area as Urban and Built-Up Land, with small portions designated as Farmland of Local Importance (approximately 4.7 acres) and Prime Farmland (approximately 13 acres).6 According to the FMMP California Important Farmland Finder, there is no Unique Farmland within the Specific Plan Area. While approximately 13 acres of the Specific Plan Area are identified by FMMP as Prime Farmland, this land was already planned for urbanization as part of buildout of the General Plan. The Specific Plan does not contemplate or approve any specific development; however, agricultural preservation is a guiding principle behind the planning and design of the Specific Plan. As the proposed project would be consistent with the General Plan, implementation of the Specific Plan would not result in new impacts beyond what was already evaluated and disclosed in the General Plan PEIR, which concluded that impacts would still be significant and unavoidable with General Plan 6 California Department of Conservation (DOC). 2016. California Important Farmland Finder. Website: https://maps.conservation.ca.gov/DLRP/CIFF/. Accessed November 15, 2021. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 29 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx (GP) PEIR MM AG-1.1 and General Plan policies incorporated. Policy RC-9-a directs the City to work with the Counties of Fresno and Madera, the City of Clovis, and other public agencies to conserve agricultural land resources, and Policy RC-9-c describes implementation of the Farmland Preservation Program (FPP). Consistent with Policy RC-9-c, incorporation of the GP MM AG-1.1, which requires future development to comply with the FPP once adopted, into the conditions of approval would ensure that all future development would be required to mitigate the loss of farmland if Prime Farmland, Unique Farmland, or Farmland of Statewide Importance are proposed to be converted to urban uses within the SOI outside city limits. However, because the FPP has not been developed yet, the proposed project would implement project-specific MM AG-2, which requires that all future development would be required to comply with CEQA Guidelines to address potential environmental impacts on an individual basis. Thus, impacts would be less than significant with mitigation incorporated. b) Conflict with existing zoning for agricultural use, or a Williamson Act Contract? No impact. The Specific Plan Area does not contain any parcels that are currently under a Williamson Act Contract, precluding the possibility that the proposed project would conflict with a Williamson Act Contract. Therefore, no impacts related to conflicts with agricultural zoning or Williamson Act Contracts would occur. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? No impact. The Specific Plan Area does not contain land that is used for forestry purposes, and there are no properties that are designated or zoned for forestry use. Implementation of the Specific Plan would not therefore conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. Therefore, no impact would occur. d) Result in the loss of forest land or conversion of forest land to non-forest use? No impact. There are no lands within the Specific Plan Area that are used for forestry purposes, so implementation of the proposed project would not result in the loss of forest land or conversion of forest land to non-forest use. Therefore, the proposed project would not result in the loss of forest land or conversion of forest land to non-forest use, resulting in no impact. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or conversion of forest land to non-forest use? Less than significant impact with mitigation incorporated. A significant impact would occur if the proposed project would indirectly result in the conversion of Farmland to nonagricultural use or conversion of forest land to non-forest use. As discussed previously, the Specific Plan Area contains approximately 13 acres of Prime Farmland and approximately 4.7 acres of Farmland of Local Importance, which are already planned for urbanization under the General Plan. The proposed project would be consistent with General Plan Policy RC-9-c and GP PEIR MM AG-1.1. by adhering to Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 30 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx any applicable standards developed for the FPP. Additonally, the proposed project would implement project-specific MM AG-2, which would require new development to be analyzed consistent with CEQA on a project-by-project basis until the FPP has been implemented. The proposed project would not result in changes in the existing environment that would impact agricultural uses within the Specific Plan Area. For example, the proposed project would not result in any physical improvements or changes in land restrictions (such as Williamson Act Contracts) that would result in impacts to agricultural resources. Furthermore, as discussed previously, there are no lands within the Specific Plan Area that are used or zoned for forestry purposes, so there would be no conversion of forest land to non-forest uses within the Specific Plan Area. Therefore, the proposed project would not involve changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or conversion of forest land to non-forest use, resulting in less than significant impacts. Mitigation Measures The following General Plan PEIR mitigation measure applies to the proposed project: MM AG-1.1 Consistent with Policy RC-9-c of the approved General Plan, the City, in coordination with regional partners or independently, shall establish a Farmland Preservation Program by 2025. The intent of the Farmland Preservation Program would be that, when Prime Farmland, Unique Farmland, or Farmland of Statewide Importance are proposed for development and converted to urban uses within the Sphere of Influence outside city limits, this program would require that the developer of such a project mitigate the loss of farmland consistent with the requirements of CEQA. The Farmland Preservation Program shall establish thresholds of significance and provide several mitigation options that may include, but are not limited to, the following: • Restrictive Covenants or Deeds • In Lieu Fees • Mitigation Banks • Fee Title Acquisition • Conservation Easements • Land Use Regulations The Farmland Preservation Program may be modeled after some or all of the programs described by the California Council of Land Trusts. Prior to the adoption of the Farmland Preservation Program, projects shall be required to comply with CEQA to address potential environmental impacts on an individual basis. The following project-specific mitigation measure applies to the proposed project: MM AG-2 Prime Farmland Impact Reduction Measure. Until the City’s Farmland Preservation Program is implemented consistent with the GP PEIR MM AG-1.1 and General Plan Policy RC-9-c, all development in the Specific Plan Area which would convert land designated as Prime Farmland to nonagricultural uses shall be analyzed on a project- City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 31 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx by-project basis, consistent with the requirements of CEQA at the time of project application. Where a specific development project site would include the conversion of Prime Farmland to nonagricultural uses, the project applicant shall identify feasible mitigation prior to project approval and implement such mitigation prior to any construction or ground-disturbing activities. Such mitigation may include but is not limited to: siting projects to avoid Farmland; payment of in lieu fees; or, the acquisition and/or conservation of equivalent prime farmland land at another location, where it is financially feasible to do so, in the form of agricultural conservation easements, or other feasible mitigation. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 32 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.3 Air Quality Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State ambient air quality standard? c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors or) adversely affecting a substantial number of people? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Specific Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Setting Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Air Pollutants Air pollutants relevant to the CEQA checklist questions for Air Quality are briefly described below.7 • Ozone is a gas that is formed when reactive organic gases (ROGs) and oxides of nitrogen (NO X )—both byproducts of internal combustion engine exhaust—undergo slow photochemical reactions in the presence of sunlight. Ozone concentrations are generally highest during the summer months when direct sunlight, light wind, and warm temperature 7 California Air Resources Board (ARB). 2022. Common Air Pollutants. Website: https://ww2.arb.ca.gov/resources/common-air- pollutants. Accessed June 7, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 33 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx conditions are conducive to its formation. Health effects can include, but not be limited to irritated respiratory system, reduced lung function, and aggravated chronic lung diseases. • ROGs, or volatile organic compounds (VOCs), are defined as any compound of carbon— excluding carbon monoxide (CO), carbon dioxide (CO 2 ), carbonic acid, metallic carbides or carbonates, and ammonium carbonate—that participates in atmospheric photochemical reactions. Although there are slight differences in the definition of ROGs and VOCs, the two terms are often used interchangeably. • Nitrogen dioxide (NO 2 ) forms quickly from NO X emissions. Health effects from NO 2 can include the following: potential to aggravate chronic respiratory disease and respiratory symptoms in sensitive groups; risk to public health implied by pulmonary and extra- pulmonary biochemical and cellular changes and pulmonary structural changes; contribution to atmospheric discoloration; increased visits to hospital for respiratory illnesses. • CO is a colorless, odorless gas produced by the incomplete combustion of fuels. CO concentrations tend to be the highest during the winter morning, with little to no wind, when surface-based inversions trap the pollutant at ground levels. Because CO is emitted directly from internal combustion engines—unlike ozone—and motor vehicles operating at slow speeds are the primary source of CO in the project region, the highest ambient CO concentrations are generally found near congested transportation corridors and intersections. Potential health effects from CO depends on exposure and can include slight headaches; nausea; aggravation of angina pectoris (chest pain) and other aspects of coronary heart disease; decreased exercise tolerance in persons with peripheral vascular disease and lung disease; impairment of central nervous system functions; possible increased risk to fetuses; death. • Sulfur dioxide (SO 2 ) is a colorless, pungent gas. At levels greater than 0.5 parts per million (ppm), the gas has a strong odor, similar to rotten eggs. Sulfur oxides (SO X ) include SO 2 and sulfur trioxide. Sulfuric acid is formed from sulfur dioxide, which can lead to acid deposition and can harm natural resources and materials. Although SO 2 concentrations have been reduced to levels well below State and federal standards, further reductions are desirable because SO 2 is a precursor to sulfate and particulate matter less than 10 microns in diameter (PM 10 ). • PM 10 and particulate matter less than 2.5 microns in diameter (PM 2.5 ) consist of extremely small, suspended particles or droplets 10 microns and 2.5 microns or smaller in diameter. Some sources of particulate matter, like pollen and windstorms, are naturally occurring. However, in populated areas, most particulate matter is caused by road dust, diesel soot, combustion products, abrasion of tires and brakes, and construction activities. Health effects from short-term exposure (hours/days) can include the following: irrigation of the eyes, nose, throat; coughing; phlegm; chest tightness; shortness of breath; aggravate existing lung disease, causing asthma attacks and acute bronchitis; those with heart disease can suffer heart attacks and arrhythmias. Health effects from long-term exposure can include the following: reduced lung function; chronic bronchitis; changes in lung morphology; or death. • Toxic air contaminants (TACs) refer to a diverse group of air pollutants that can affect human health but have not had AAQS established for them. Diesel particulate matter (DPM) is a toxic Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 34 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx air contaminant that is emitted from construction equipment and diesel-fueled vehicles and trucks. Some short-term (acute) effects of DPM exposure include eye, nose, throat, and lung irritation, coughs, headaches, light-headedness, and nausea. Studies have linked elevated particle levels in the air to increased hospital admissions, emergency room visits, asthma attacks, and premature deaths among those suffering from respiratory problems. Human studies on the carcinogenicity of DPM demonstrate an increased risk of lung cancer, although the increased risk cannot be clearly attributed to diesel exhaust exposure. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. For purposes of this assessment, the significance thresholds recommended by the San Joaquin Valley Air Pollution Control District (Valley Air District) were applied herein. Diesel Risk Reduction Plan The ARB’s Diesel Risk Reduction Plan has led to the adoption of new California regulatory standards for all new on-road, off-road, and stationary diesel-fueled engines and vehicles to reduce DPM emissions by about 90 percent overall from year 2000 levels. The projected emission benefits associated with the full implementation of this plan, including federal measures, are reductions in DPM emissions and associated cancer risks of 75 percent by 2010, and 85 percent by 2020.8 The ARB Air Quality Land Use Handbook lists the following ARB advisory recommendations that address the issue of siting “sensitive land uses” near specific sources of air pollution:9 • Chrome plating facilities • Distribution centers • Dry cleaners • High traffic freeways and roads • Large gas dispensing facilities • Ports • Rail yards • Refineries The ARB-recommended screening distances are shown in Table 4 below. Table 4: Recommendations on Siting New Sensitive Land Uses Source Category Advisory Recommendations Freeways and High Traffic Roads Avoid siting new sensitive land uses within 500 feet of a freeway, urban roads with 100,000 vehicles/day, or rural roads with 50,000 vehicles/day. 8 California Air Resources Board (ARB). 2000. Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-fueled Engines and Vehicles. Website: http://www.arb.ca.gov/diesel/documents/rrpfinal.pdf. Accessed September 14, 2022. 9 California Air Resources Board (ARB). 2005. Air Quality and Land Use Handbook. Website: https://www.arb.ca.gov/ch/handbook.pdf. Accessed September 14, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 35 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Source Category Advisory Recommendations Distribution Centers Avoid siting new sensitive land uses within 1,000 feet of a distribution center (that accommodates more than 100 trucks per day, more than 40 trucks with operating Transport Refrigeration Units (TRUs) per day, or where TRU unit operations exceed 300 hours per week). Take into account the configuration of existing distribution centers and avoid locating residences and other new sensitive land uses near entry and exit points. Rail Yards Avoid siting new sensitive land uses within 1,000 feet of a major service and maintenance rail yard. Within 1 mile of a rail yard, consider possible siting limitations and mitigation approaches. Ports Avoid siting of new sensitive land uses immediately downwind of ports in the most heavily impacted zones. Consult local air districts or the ARB on the status of pending analyses of health risks. Refineries Avoid siting new sensitive land uses immediately downwind of petroleum refineries. Consult with local air districts and other local agencies to determine an appropriate separation. Chrome Platers Avoid siting new sensitive land uses within 1,000 feet of a chrome plater. Dry Cleaners Using Perchloroethylene Avoid siting new sensitive land uses within 300 feet of any dry cleaning operation. For operations with two or more machines, provide 500 feet. For operations with three or more machines, consult with the local air district. Do not site new sensitive land uses in the same building with perchloroethylene dry cleaning operations. Gasoline Dispensing Facilities Avoid siting new sensitive land uses within 300 feet of a large gas station (defined as a facility with a throughput of 3.6 million gallons per year or greater). A 50-foot separation is recommended for typical gas dispensing facilities. Notes: These recommendations are advisory. Land use agencies have to balance other considerations, including housing and transportation needs, economic development priorities, and other quality of life issues. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Less than significant with mitigation incorporated. This document proposes the following criteria for determining project consistency with the current Air Quality Plans (AQPs): 1. Will the project conform to the growth assumptions in the AQPs? 2. Will the project comply with applicable control measures in the AQPs? Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 36 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx The use of the criteria listed above is a standard approach for CEQA analysis of projects in the Valley Air District’s jurisdiction, as well as within other air districts, for the following reasons: • AQP emissions inventories and attainment modeling are based on growth assumptions for the area within the air district’s jurisdiction. • AQPs rely on a set of air district-initiated control measures, as well as implementation of federal and State measures, to reduce emissions within their jurisdictions with the goal of attaining the air quality standards. AQPs are plans for reaching attainment of air quality standards. The assumptions, inputs, and control measures are analyzed to determine whether the San Joaquin Valley Air Basin (SJVAB ) can reach attainment for the Ambient Air Quality Standards (AAQS). In order to show attainment of the standards, the Valley Air District analyzes the growth projections in the valley, contributing factors in air pollutant emissions and formations, and existing and adopted emissions controls. The Valley Air District then formulates a control strategy to reach attainment that includes both State and Valley Air District regulations and other local programs and measures. Consistency with Assumptions in AQPs A method for determining consistency with the AQP’s assumptions is determining consistency with the applicable General Plan to ensure that the proposed project’s population density and land use are consistent with the growth assumptions used in the AQPs for the SJVAB . The regional emissions inventory for the SJVAB is compiled by the Valley Air District and Fresno Council of Governments (Fresno COG). Regional population, housing, and employment projections developed by Fresno COG are based, in part, on the local jurisdictions’ General Plan Land Use designations. These projections form the foundation for the emissions inventory of the Air Quality Management Plan (AQMP). These demographic trends are incorporated into the 2022–2046 Regional Transportation Plan (RTP)/Sustainable Communities Strategy (SCS), compiled by Fresno COG in July 2022, to determine priority transportation projects within the Fresno COG region.10 Projects that are consistent with the General Plan are considered consistent with the air quality- related regional plan. CEQA Guidelines Section 15206(b) states that a project is of statewide, regional, or areawide significance if it is a residential development of more than 500 dwelling units or a commercial office building of 250,000 square feet or more or that employs 1,000 or more employees. Presently, the Specific Plan Area includes approximately 30,624 people and 9,150 households. Conservatively, the proposed project could increase the number of dwelling units in the Specific Plan Area by approximately 9,699 and increase the number of residents by approximately 26,676 people. Therefore, the project is considered a project of statewide, regional, or areawide significance, and implementation of the proposed project would have the potential to substantially affect Fresno COG’s demographic projections beyond what is already anticipated for the Specific Plan Area. However, it is important to note that buildout of the proposed project would reduce the total amount of the development in the Specific Plan Area compared to what was completed by the 10 Fresno Council of Governments (Fresno COG). 2022. Regional Transportation Plan, Chapter 1. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 37 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx General Plan. Thus, the proposed project would be consistent with the General Plan, and therefore, consistent with the air quality-related regional plan. The Valley Air District is tasked with implementing programs and regulations required by the federal Clean Air Act (CAA) and the California CAA. The CAA of 1970 tasks the EPA with setting air quality standards. The State of California also sets air quality standards that are in some cases more stringent than federal standards and address additional pollutants. The Valley Air District has prepared several plans to attain the National AAQS and California AAQS. Emission reductions achieved through implementation of the Valley Air District ’s New Source Review (NSR) offset requirements are a major component of the Valley Air District ’s AQPs . The established thresholds of significance for criteria pollutant emissions are based on the Valley Air District’s offset requirements for stationary sources. Therefore, projects with emissions below the thresholds of significance for criteria pollutants would be determined to “not conflict or obstruct implementation of the District’s air quality plan.” The analysis in the response to impact discussion AIR-2 demonstrates that it would be too speculative to evaluate air quality impacts of future individual development projects at this time. Therefore, this analysis relies solely on the proposed project’s consistency with the General Plan. Various policies of the General Plan and the proposed Specific Plan would promote Complete Streets, mixed-use and transit-oriented neighborhoods, and increased capacity for alternative transportation modes, which would help reduce air pollutant emissions. For example, Policy UF-12-a supports transit-oriented development near bus stops and BRT station stops. Policy UF-14-a supports a walkable and pedestrian-scaled environment with solid connections for pedestrians and bicyclists. Policy RC-4-b encourages incorporation of air quality maintenance requirements as conditions of approval for Specific Plans. Policy HC-3-d promotes green standards for affordable housing. Policy MT-2-c aims to reduce VMT through Infill Development. Proposed Specific Plan Policies LU -1.2 and LU-2.3 aim to convert large strip shopping centers to mixed-use destinations, which would reduce VMT. Furthermore, Transportation Policies such as T-1 aim to create a network of safe, connected, and accessible Complete Streets for all users, including bicyclists, pedestrians, transit vehicles, and motorists. Policy T-2 aims to improve connectivity between residential areas and local and regional destinations. Policy T-3 contains measures to create a safer pedestrian and bicycle environment. Policy T-4 aims to create a more convenient and pleasant pedestrian environment. Policy T-6 contains measures to create greater connectivity within the community and improve bus stops. These policies promote active transit, clean air measures, and support the reduction in average vehicle trip distances, which contribute to reducing overall per capita VMT in the region. Additionally, the proposed project would implement General Plan PEIR MM AIR-2.1, MM AIR-2.2, and MM AIR-3.1, which would serve to further reduce emissions generated by future development projects envisioned in the Specific Plan Area. General Plan PEIR MM AIR-2.1 and MM AIR-2.2 require the submittal of a technical assessment of project-specific construction phase and operation-related air quality impacts, and the identification of project-specific mitigation measures as appropriate, prior to future discretionary project approval. General Plan MM AIR-3.1 requires the submittal of a Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 38 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Health Risk Assessment and the inclusion of project-specific Best Available Control Technologies for Toxics (T-BACTs ) as appropriate, prior to future discretionary approval for future industrial or warehousing projects located within established screening distances. These conditions of approval will ensure that individual future development projects in the Specific Plan Area do not have a significant impact on sensitive receptors. Control Measures The AQP contains a number of control measures, which are enforceable requirements through the adoption of rules and regulations. Future individual development projects under the Specific Plan would comply with all applicable District rules and regulations. Therefore, the proposed project complies with this criterion and would not conflict with or obstruct implementation of the applicable air quality attainment plan. Impacts would be less than significant. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State ambient air quality standard? Less than significant impact with mitigation incorporated. This impact is related to the cumulative effect of a project’s regional criteria pollutant emissions. By its nature, air pollution is largely a cumulative impact resulting from emissions generated over a large geographic region. The nonattainment status of regional pollutants is a result of past and present development within the SJVAB , and this regional impact is a cumulative impact. In other words, new development projects (such as the proposed project) within the SJVAB would contribute to this impact only on a cumulative basis. No single project would be sufficient in size, by itself, to result in nonattainment of regional air quality standards. Instead, a project’s emissions may be individually limited but cumulatively considerable when taken in combination with past, present, and future development projects. All new development that would result in an increase in air pollutant emissions above those assumed in regional AQPs would contribute to cumulative air quality impacts. Buildout of future individual development projects under the Specific Plan would result in direct and indirect criteria air pollutant emissions from area, energy, and mobile sources. Area sources would include activities such as landscape maintenance and occasional architectural coatings. Energy sources would include electricity and natural gas combustion for space and water heating. Mobile sources would include vehicle trips associated with passenger cars. At this time, it is too speculative to determine whether future individual development projects would result in cumulatively considerable net increases in criteria pollutants. The proposed project is a programmatic project and until specific future projects are proposed, the associated cumulative air pollution impacts cannot be determined or modeled at this time. The Valley Air District regional emission significance thresholds would be used to determine the proposed project’s impact significance. Furthermore, the proposed Specific Plan policies emphasize development of mixed-use areas and improvements to active and public transit facilities that would contribute to reducing vehicle trips and VMT. As an example, the proposed project would create mixed-use areas and would integrate distinct neighborhood commercial development areas that would provide daily services and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 39 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx amenities for the nearby residences and businesses. Specific Plan policies such as these would reduce impacts related to cumulatively considerable air pollution. As required by General Plan Policies RC-4-b and RC-4-c, future individual development projects would be required to use computer models used by the San Joaquin Valley Air Pollution Control District (Valley Air District) to evaluate the air quality impacts of plans and projects that require environmental review. Future individual development projects will be required to develop and incorporate air quality maintenance requirements compatible with Air Quality Attainment and Maintenance Plans, as conditions of approval for development proposals. Future individual development projects would also implement General Plan MM AIR-2.1, MM AIR-2.2, MM AIR-3.1, MM AIR-3.2, and MM AIR-4.1. The proposed project would also implement project-specific MM AIR- 5 through MM AIR-10, which would reduce impacts related to construction and operation of future development in the Specific Plan Area. Given that future individual development projects will implement the listed General Plan policies and mitigation measures discussed above, impacts would be less than significant. c) Expose sensitive receptors to substantial pollutant concentrations? Less than significant impact with mitigation incorporated. Those who are sensitive to air pollution include children, the elderly, and persons with preexisting respiratory or cardiovascular illness. The Valley Air District considers a sensitive receptor to be a location that houses or attracts children, the elderly, people with illnesses, or others who are especially sensitive to the effects of air pollutants. Examples of sensitive receptors include hospitals, residences, convalescent facilities, and schools. Reactive Organic Gases Construction ROG is emitted during the application of architectural coatings (painting). The amount emitted is dependent on the amount of ROG (or VOC) in the paint. ROG emissions are typically an indoor air quality health hazard concern rather than an outdoor air quality health hazard concern. Therefore, exposure to ROG during architectural coatings is a less than significant health impact. There are three types of asphalt that are typically used in paving: asphalt cements, cutback asphalts, and emulsified asphalts. However, District Rule 4641 prohibits the use of the following types of asphalt: rapid cure cutback asphalt; medium cure cutback asphalt; slow cure asphalt that contains more than 0.5 percent of organic compounds that evaporate at 500°F or lower; and emulsified asphalt containing organic compounds, in excess of 3 percent by volume, that evaporate at 500°F or lower. An exception to this is medium cure asphalt when the National Weather Service official forecast of the high temperature for the 24-hour period following application is below 50°F. The acute (short-term) health effects from worker direct exposure to asphalt fumes include irritation of the eyes, nose, and throat. Other effects include respiratory tract symptoms and pulmonary function changes. The studies were based on occupational exposure of fumes. Residents are not in the immediate vicinity of the fumes; therefore, they would not be subjected to concentrations high enough to evoke a negative response. In addition, the restrictions that are placed on asphalt in the Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 40 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx San Joaquin Valley reduce ROG emissions from asphalt and exposure. The impact to nearby sensitive receptors from ROG during construction is less than significant. Operation During operation, ROG would be emitted primarily from motor vehicles. Direct exposure to ROG from project motor vehicles would not result in health effects, because the ROG would be distributed across miles and miles of roadway and in the air. The concentrations would not be great enough to result in direct health effects. NOX, PM10, and PM2.5 As stated, the planned improvements, objectives and policies under the proposed Specific Plan would generally support a sustainable development pattern in accommodating future growth within the Specific Plan Area, which would generally contribute to reducing long-term criteria air pollutant emissions. In addition, application of the Valley Air District Rule 9510 and Regulation VIII would contribute to reducing operation- and construction-related NO X and particulate matter emissions. Furthermore, Rule 9410 would also contribute to reducing operation-related mobile source emissions. Toxic Air Contaminants During construction and operation, the proposed project could result in emissions of several TACs that could potentially impact nearby sensitive receptors. The Valley Air District has defined health risk significance thresholds. These thresholds are represented as a cancer risk to the public and a non-cancer hazard from exposures to TACs. Cancer risk represents the probability (in terms of risk per million individuals) that an individual would contract cancer resulting from exposure to TACs continuously over a period of several years. The Valley Air District’s latest threshold of significance for TAC emissions is an increase in cancer risk for the maximally exposed individual of 20 in a million (formerly 10 in a million). Exposures to TACs can also result in both short-term (acute) or long-term (chronic) non-cancer health impacts. Such impacts could include illnesses related to reproductive effects, respiratory effects, eye sensitivity, immune effects, kidney effects, blood effects, central nervous system, birth defects, or other adverse environmental effects. Construction of future individual development projects would involve the use of diesel-fueled vehicles and equipment that emit DPM, which is considered a TAC. Industrial land uses, such as chemical processing facilities, chrome-plating facilities, dry cleaners, and gasoline-dispensing facilities, have the potential to be substantial stationary sources that would require a permit from the Valley Air District for emissions of TACs. However, the Specific Plan does not propose any industrial uses. Emissions of TACs would be controlled through permits issued by the Valley Air District and would be subject to further study and an HRA prior to the issuance of any necessary air quality permits. In addition to stationary/area sources of TACs, commercial operations could generate a substantial amount of DPM emissions from off-road equipment use and truck idling. New land uses in the proposed Plan Area that use diesel trucks, including trucks with Transport Refrigeration Units (TRUs), could generate an increase in DPM that would contribute to cancer and non-cancer health risk in the SJVAB. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 41 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx As it is not possible to determine the amount of TAC concentrations at the time of this analysis, it is not possible to calculate the risks for a particular health effect within the Specific Plan Area. The proposed project is a programmatic project and until specific future projects are proposed, the associated TAC emissions cannot be determined or modeled at this time. Through the implementation of the adopted General Plan PEIR Mitigation Measures AIR-2.2 and AIR-3.1, future development projects subject to environmental review under CEQA would be required to analyze potential TAC emissions and include mitigation as appropriate. ARB developed a guidance document, Air Quality and Land Use Handbook: A Community Health Perspective (ARB Handbook), to address the siting of sensitive land uses in the vicinity of freeways, distribution centers, rail yards, ports, refineries, chrome-plating facilities, dry cleaners, and gasoline- dispensing facilities. This guidance document was developed to assess compatibility and associated health risks when placing sensitive receptors near existing pollution sources. ARB’s recommendations for the siting of new sensitive land uses were based on a compilation of studies that evaluated data on the adverse health effects from proximity to air pollution sources. The key observation in these studies is that proximity to air pollution sources substantially increases both exposure and the potential for adverse health effects. Respiratory and cardiovascular problems including asthma, lung cancer, and premature death have been associated with living near major roadways and freeways. Children who live near major roadways and freeways have been found to have higher asthma rates and reduced lung function. There are three carcinogenic TACs that constitute the majority of the known health risks from motor vehicle traffic: DPM from trucks and benzene and butadiene from passenger vehicles. It has been found that outdoor concentrations are highest near the roadway and decrease with increasing distance downwind of the source. The ARB recommends avoiding siting new sensitive land uses within 500 feet of urban roads with more than 100,000 vehicles per day or rural roads with more than 50,000 vehicles per day.11 General Plan PEIR Mitigation Measure AIR-3.2 requires that sources be sited in adherence to the recommendations included in the ARB Handbook, or that an HRA be performed and potential health impacts be mitigated. Future development envisioned as a part of the proposed project would be required to comply with AB 2588 and ARB standards for diesel engines. While existing City policies and regulations are intended to minimize impacts associated with sensitive receptors, mitigation measures for future project developments that implement these policies and regulations are identified to ensure that the intended environmental protections are achieved. Compliance with General Plan PEIR Mitigation Measure AIR-3.1 would help to ensure that mobile sources of TACs not covered under the Valley Air District permits are considered during subsequent project-level environmental review. This mitigation measure requires the preparation of project-specific technical health risk assessments for certain discretionary large industrial or warehousing uses to evaluate operational-related health risk impacts to further ensure that operational-related emissions are reduced to a less than significant level. However, information regarding operational characteristics of future specific development projects and the associated emissions cannot be determined at the time of this analysis; therefore, 11 California Air Resources Board (ARB). 2005. Air Quality and Land Use Handbook: A Community Health Perspective. April. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 42 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx cumulative growth within the Specific Plan Area could result in an overall impact above the health- based thresholds established by the Valley Air District. In addition to operational emissions from new stationary sources of emissions and vehicle trips to and within the Plan Area, the proposed project would locate new sensitive receptors (residents) that could be subject to existing sources of TACs within the proposed project boundary. The California Supreme Court in California Building Industry Association v. Bay Area Air Quality Management District concluded that agencies generally subject to CEQA are not required to analyze the impact of existing environmental conditions on a project’s future users or residents. However, various types of mitigation are potentially available to reduce potential impacts to new sensitive receptors in the Plan Area. General Plan PEIR Mitigation Measure AIR-3.2 identifies the use of the discretionary review process for residential and other sensitive land uses near freeways to impose site plan and design features aimed at minimizing exposure to environmental pollution. This mitigation measure would apply to the proposed project and help to reduce the potential health risks to future sensitive receptors located in the Specific Plan Area. As required by General Plan Policies RC-4-b and RC-4-c, future individual development projects would be required to use computer models used by Valley Air District to evaluate the air quality impacts of plans and projects that require environmental review. Future individual development projects will be required to develop and incorporate air quality maintenance requirements compatible with Air Quality Attainment and Maintenance Plans, as conditions of approval for development proposals. Future individual development projects would also be required to implement General Plan MM AIR-2.1, MM AIR-2.2, MM AIR-3.1, MM AIR-3.2, and MM AIR-4.1) as well as MM AIR-5 through MM AIR-10. Given that future individual development projects will implement the listed policies and mitigation measures, impacts would be less than significant. d) Result in other emission (such as those leading to odors) adversely affecting a substantial number of people? Less than significant with mitigation incorporated. Odors can cause a variety of responses. The impact of an odor is dependent on interacting factors such as frequency (how often), intensity (strength), duration (in time), offensiveness unpleasantness), location, and sensory perception. While offensive odors rarely cause any physical harm, they still can be very unpleasant, leading to considerable distress and often generating citizen complaints to local governments and regulatory agencies. Growth within the proposed Specific Plan Area could generate new sources of odors. Odors from the types of land uses that could generate objectional odors are regulated under Regulation IV, Prohibitions, Rule 4102, Nuisance, which states: A person shall not discharge from any source whatsoever such quantities of air contaminants or other materials which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such person or the public or which cause or have a natural tendency to cause injury or damage to business or property. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 43 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Potential sources that may emit odors during construction activities include exhaust from diesel construction equipment. However, because of the temporary nature of these emissions, the intermittent nature of construction activities, and the highly diffusive properties of diesel exhaust, nearby receptors would not be affected by diesel exhaust odors associated with project construction. Odors from these sources would be localized and generally confined to the immediate area surrounding the site of future individual development projects. Industrial land uses have the potential to generate objectionable odors. Examples of industrial projects are wastewater treatment plants, compost facilities, landfills, solid waste transfer stations, fiberglass manufacturing facilities, paint/coating operations (e.g., auto body shops), dairy farms, petroleum refineries, asphalt batch manufacturing plants, chemical manufacturing, and food manufacturing facilities. Agricultural operations, such as the existing agricultural land uses currently included in the Plan Area, may also generate odors. Future developments in the Plan Area are not expected to include additional industrial or agricultural uses. The proposed project would develop different types of residential and retail activities, which are not typical odor-generating land uses. Potential impacts from odor sources would be mitigated through compliance with General Plan Policy PU-9-d and by enforcement actions by agencies with regulatory authority over odors. General Plan Policy PU-9-d would ensure that waste and recycling facilities are properly located. The Valley Air District addresses odor issues through Rule 4102– Nuisance. Facilities creating nuisance odors generating public complaints can result in Valley Air District enforcement action. Future individual development projects consistent with the proposed project will be required to determine whether odors would be a potentially significant impact as part of CEQA review. In addition, projects containing sensitive receptors are not likely to be proposed near existing odor sources, such as agricultural operations. Projects proposing new receptors within screening level distances would be required to reduce impacts to less than significant levels. Proposal of a new source within the screening distance would require the applicant to demonstrate that the proposed facility includes odor controls within its design and through implementation of odor management practices to reduce odors to less than significant. Development consistent with the proposed project could also result in sensitive receptors being constructed within the screening level distances from existing odor sources. These potential odor impacts on new sensitive receptors could be significant. When potential odor impacts on these new sensitive receptors occur, the Valley Air District has authority under Rule 4102 to require the owner of the odor-generating source to take actions that would reduce impacts to less than significant. In addition to the existing regulatory programs described above, the proposed project would implement General Plan MM AIR-4.1, which requires developers of projects with the potential to generate significant odor to prepare an odor impact assessment and to implement odor control measures, as a condition of approval. Compliance with this mitigation measure required by the General Plan would further reduce potential impacts of objectionable odors to below a level of significance. Additionally, implementation of the proposed project’s policies would help to minimize Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 44 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx the effects of growth and development on air quality. Therefore, impacts would be less than significant. Mitigation Measures The following General Plan PEIR mitigation measures apply to the proposed project: MM AIR-2.1 Prior to future discretionary project approval, development project applicants shall prepare and submit to the Director of the City Planning and Development Department, or designee, a technical assessment evaluating potential project construction phase-related air quality impacts. The evaluation shall be prepared in conformance with San Joaquin Valley Air Pollution Control District (Valley Air District) methodology for assessing construction impacts. If construction-related air pollutants are determined to have the potential to exceed the Valley Air District adopted threshold of significance, the Planning and Development Department shall require that applicants for new development projects incorporate mitigation measures into construction plans to reduce air pollutant emissions during construction activities. The identified measures shall be included as part of the Project Conditions of Approval. Possible mitigation measures to reduce construction emissions include but are not limited to: • Install temporary construction power supply meters on-site and use these to provide power to electric power tools whenever feasible. If temporary electric power is available on-site, forbid the use of portable gasoline- or diesel-fueled electric generators. • Use of diesel oxidation catalysts and/or catalyzed diesel particulate traps on diesel equipment as feasible. • Maintain equipment according to manufacturers’ specifications. • Restrict idling of equipment and trucks to a maximum of five minutes (per California Air Resources Board regulation). • Phase grading operations to reduce disturbed areas and times of exposure. • Avoid excavation and grading during wet weather. • Limit on-site construction routes and stabilize construction entrance(s). • Remove existing vegetation only when absolutely necessary. • Sweep up spilled dry materials (e.g., cement, mortar, or dirt track-out) immediately. Never attempt to wash them away with water. Use only minimal water for dust control. • Store stockpiled materials and wastes under a temporary roof or secured plastic sheeting or tarp. MM AIR-2.2 Prior to future discretionary project approval, development project applicants shall prepare and submit to the Director of the City Planning and Development Department, or designee, a technical assessment evaluating potential project operation-related air quality impacts. The evaluation shall be prepared in conformance with San Joaquin Valley Air Pollution Control District (Valley Air District) City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 45 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the Valley Air District adopted thresholds of significance, the Planning and Development Department shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the Project Conditions of Approval. Possible mitigation measures to reduce long-term emissions include, but are not limited to: • For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plugging in the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage (i.e., battery) and combined heat and power (CHP, also known as cogeneration) in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with ARB Rule 2845 (13 California Code of Regulations Chapter 10, Section 2485). • Require that 240-volt electrical outlets or Level 3 chargers be installed in parking lots that would enable charging of neighborhood electric vehicles (NEVs) and/or battery-powered vehicles. • Maximize use of solar energy including solar panels; installing the maximum possible number of solar energy arrays on building roofs throughout the City to generate solar energy. • Maximize the planting of trees in landscaping and parking lots. • Use light-colored paving and roofing materials. • Require use of electric or alternatively fueled street-sweepers with HEPA filters. • Require use of electric lawn mowers and leaf blowers. • Utilize only Energy Star heating, cooling, and lighting devices and appliances. • Use of water-based or low volatile organic compound (VOC) cleaning products. MM AIR-3.1 Prior to future discretionary approval for projects that require environmental evaluation under CEQA, the City of Fresno shall evaluate new development proposals for new industrial or warehousing land uses that: (1) have the potential to generate 100 or more truck trips per day or have 40 or more trucks with operating diesel-powered Transport Refrigeration Units (TRUs), and (2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the proposed project to the property line of the nearest sensitive use. Such projects shall submit a Health Risk Assessment (HRA) to the City Planning and Development Department. The HRA shall be prepared in accordance with policies and procedures of the most current State Office of Environmental Health Hazard Assessment (OEHHA) and the San Joaquin Valley Air Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 46 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Pollution Control District (Valley Air District). If the HRA shows that the incremental health risks exceed their respective thresholds, as established by the Valley Air District at the time a project is considered, the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T-BACTs), including appropriate enforcement mechanisms to reduce risks to an acceptable level. T-BACTs may include, but are not limited to: • Restricting idling on-site or electrifying warehousing docks to reduce diesel particulate matter (DPM); • Requiring use of newer equipment and/or vehicles; • Provide charging infrastructure for: electric forklifts, electric yard trucks, local drayage trucks, last mile delivery trucks, electric and fuel-cell heavy-duty trucks; and/or • Install solar panels, zero-emission backup electricity generators, and energy storage to minimize emissions associated with electricity generation at the project site. T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. MM AIR-3.2 Locate sensitive land uses (e.g., residences, schools, and daycare centers) to avoid incompatibilities with recommended buffer distances identified in the most current version of the ARB Air Quality and Land Use Handbook: A Community Health Perspective (ARB Handbook). Sensitive land uses that are within the recommended buffer distances listed in the ARB Handbook shall provide enhanced filtration units or submit a Health Risk Assessment (HRA) to the City. If the HRA shows that the project would exceed the applicable San Joaquin Valley Air Pollution Control District (Valley Air District)thresholds, mitigation measures capable of reducing potential impacts to an acceptable level must be identified and approved by the City. MM AIR-4.1 Require developers of projects with the potential to generate significant odor impacts as determined through review of San Joaquin Valley Air Pollution Control District (Valley Air District)odor complaint history for similar facilities and consultation with the Valley Air District, to prepare an odor impact assessment and to implement odor control measures recommended by the Valley Air District or the City as needed to reduce the impact to a level deemed acceptable by the Valley Air District. The City’s Planning and Development Department shall verify that all odor control measures have been incorporated into the project design specifications prior to issuing a permit to operate. The following project-specific mitigation measures apply to the proposed project: MM AIR-5 As part of a standard grading permit submittal, the project applicant shall submit documentation to the City of Fresno that demonstrates that all off-road construction equipment in excess of 50 horsepower is equipped with engines meeting the United City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 47 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx States Environmental Protection Agency (EPA ) Tier IV Final off-road engine emission standards or cleaner. The construction contractor shall maintain records concerning its efforts to comply with this requirement during construction, including equipment lists. Off-road equipment descriptions and information may include but are not limited to equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number. The project applicant and/or construction contractor shall submit the construction operations plan and records of compliance to the City of Fresno. If engines that comply with Tier IV Final off-road emission standards are not commercially available, then the construction contractor shall use the next cleanest piece of off-road equipment (e.g., Tier IV Interim) available. For purposes of this mitigation measure, “commercially available” shall mean the availability of Tier IV Final engines taking into consideration factors such as (i) critical-path timing of construction; and (ii) geographic proximity to the project site of equipment. The contractor can maintain records for equipment that is not commercially available by providing letters from at least two rental companies for each piece of off-road equipment where the Tier IV Final engine is not available. MM AIR-6 Prior to the issuance of grading or building permits for each individual development proposal within the project site, the relevant applicant for each development shall provide the City with documentation demonstrating the use of “Super-Compliant” architectural coatings, as defined by the South Coast Air Quality Management District (South Coast AQMD), during construction of the proposed project. “Super- Compliant” architectural coatings, as defined by the South Coast AQMD, are paints which do not exceed 10 grams of reactive organic gas (ROG) per liter of paint. All architectural coatings shall be applied either by (1) using a high-volume, low- pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand-roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent application efficiency. The construction contractor shall also use precoated/natural colored building materials, where feasible. MM AIR-7 All nonresidential buildings shall be designed to provide infrastructure to support use of electric-powered forklifts and/or other interior vehicles. All nonresidential buildings shall be designed to provide electric infrastructure to support use of exterior yard trucks and on-site vehicles. The operation of yard trucks that are used to move trailers and on-site vehicles within the project site shall be powered by electricity unless the project applicant can reasonably demonstrate that specific equipment is not available for a task. Compliance with this mitigation measure shall be verified by the City of Fresno prior to the issuance of a building permit. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 48 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx MM AIR-8 Each implementing development project shall be required to implement, at a minimum, an increase in each building’s energy efficiency 15 percent beyond Title 24, and reduce indoor water use by 25 percent. All requirements will be documented through a checklist to be submitted to the City of Fresno prior to issuance of building permits for the implementing development project with building plans and calculations. MM AIR-9 Prior to issuance of building permits for non-single-family residential and mixed-use residential development projects in the Plan Area, the project applicant shall indicate on the building plans that the following features have been incorporated into the design of the building(s). Proper installation of these features shall be verified by the City of Fresno prior to the issuance of a Certificate of Occupancy. • Electric vehicle (EV) charging shall be provided as specified in Section A4.106.8.2 (Residential Voluntary Measures) of the California Green Building Standards Code (CALGreen) Code. • Bicycle parking shall be provided as specified in Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code. MM AIR-10 Prior to the issuance of building permits for nonresidential development projects in the Plan Area, project applicants shall indicate on the building plans that the following features have been incorporated into the design of the building(s). Proper installation of these features shall be verified by the City of Fresno prior to the issuance of a Certificate of Occupancy. • For buildings with more than 10 tenant-occupants, changing/shower facilities shall be provided as specified in Section A5.106.4.3 (Nonresidential Voluntary Measures) of the California Green Building Standards Code (CALGreen) Code. • Preferential parking for low-emitting, fuel-efficient, and carpool/van vehicles shall be provided as specified in Section A5.106.5.1 (Nonresidential Voluntary Measures) of the CALGreen Code. • Facilities shall be installed to support future electric vehicle (EV) charging at each nonresidential building with 30 or more parking spaces. Installation shall be consistent with Section A5.106.5.3 (Nonresidential Voluntary Measures) of the CALGreen Code. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 49 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.4 Biological Resources Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service? c) Have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State Habitat Conservation Plan? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 50 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx This section describes the existing biological setting and potential effects from project implementation in the Specific Plan Area. Descriptions and analysis in this section are based, in part, on the General Plan, proposed Specific Plan, the City of Fresno Municipal Code (Municipal Code), aerial photographs and maps, the existing conditions report prepared for the proposed project, and the results of database searches. Environmental Setting Vegetation Communities and Wildlife Habitats For the purposes of the evaluation contained in the following analysis, vegetation communities are classified according to the California Department of Fish and Wildlife’s (CDFW) Natural Communities List. Overall, the Specific Plan Area is mainly comprised of previously disturbed urban and developed areas and includes several types of vegetation communities as shown on Exhibit 6, which includes a map of the vegetation communities’ locations in the Specific Plan Area. There are a total of five vegetation communities within the Specific Plan Area. Of these vegetation communities identified, none are considered special-status natural communities by CDFW. Table 5, below, describes the vegetation communities identified in the Specific Plan Area as well as their associated acreages and percentages of the total Specific Plan Area.12 Table 5: Vegetation Communities within the Specific Plan Area Vegetation Community Type Total Acreage within the Specific Plan Area (acres) Approximate Percentage of the Total Specific Plan Area Urban 2,054.4 95% Irrigated Row and Field Crops 25.05 1% Deciduous Orchard 74.41 3% Annual Grassland 0.06 Less than 1% Lacustrine 14.42 Less than 1% Source: City of Fresno, 2020. As described above, approximately 95 percent of land cover in the Specific Plan Area includes urban, developed land, consisting of commercial and residential development as well as roadways and parking lots. Approximately 4 percent of the Specific Plan Area includes previously disturbed agricultural lands and orchards. Generally, as shown on Exhibit 6, the majority of the deciduous orchard and irrigated row and field crop communities are concentrated at the eastern boundary of the Specific Plan Area. 12 City of Fresno. 2020. Fresno General Plan, Program Environmental Impact Report. Website: https://www.fresno.gov/darm/general- plan-development-code/. Accessed September 27, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 51 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Further description of these vegetation communities and their suitability for special-status species are included in Table 6, below.13 13 Ibid. THIS PAGE INTENTIONALLY LEFT BLANK 50000002 • 10/2022 | 6_land_cover_veg.mxd Exhibit 6Land Cover Types andVegetation Communities Source: ESRI Aerial Imagery. USFS Central Valley Vegetation Cover Types CITY OF FRESNOFRESNO CENTRAL SOUTHEAST SPECIFIC PLANSUBSEQUENT MITIGATED NEGATIVE DECLARATION Belmont Ave Chestnut AveWinery AveKings Canyon Rd Tulare St Maple AveCedar AveOrange AveButler Ave Drummond AveEast AveHamilton AveCedar AveOlive Ave Maple AveHuntington Blvd Belmont Ave 1st StChurch Ave C h u r c h A v e Peach AvePeach AveG olden State Blvd99 180 168 2,400 0 2,4001,200 Feet Legend Fresno Central Southeast Specific Plan Area 2,168.34 acres Annual Grasland 0.06 acre Deciduous Orchard 74.41 acres Irrigated Row and Field Crops 25.05 acres Lacustrine 14.42 acres Urban 2,054.40 acres Annual Grasland THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 55 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Table 6: Vegetation Community Types and Description Vegetation Community Type Description Suitability for Special-Status Species Urban Urban (developed area) lands have been constructed upon or otherwise covered with a permanent, unnatural surface (e.g., concrete, asphalt, buildings, homes, etc.) or large amounts of debris or other materials. This community provides poor quality habitat for any special- status species. Special-status species are unlikely to occur within this vegetation community. Irrigated Row and Field Crops Irrigated Row and Field Crops land occurs most frequently in floodplains or upland areas with high soil quality. Irrigated row and field crows include annual and perennial crops, grown in rows, with open space between the rows. Row and field crops are artificially irrigated and feature a moderate disturbance rate by vehicle and pedestrian encroachment typically associated with farming activities. Species composition changes frequently, both by season and by year. This community contains active agriculture and is significantly disturbed with altered substrates. This vegetation community does not provide suitable habitat for any special-status plant species and provides limited habitat for two special-status wildlife species: burrowing owl, California horned lark. Deciduous Orchard Deciduous orchard communities primarily occur where there are flat alluvial soils on valley floors, rolling foothills and relatively steep slopes. Orchard communities are typically comprised of artificially irrigated habitat dominated by one, sometimes several, tree or shrub species planted for cultivation. Trees are typically low and bushy, and the understory is open, with little groundcover. In the City and its SOI, deciduous orchards include a variety of fruit trees (e.g., apples, apricots, cherries, citrus, kiwi, peaches, nectarines, pears, persimmons, plums, pluots, pomegranates, etc.) and/or nut trees and shrubs (e.g., almonds, olives, pistachios, walnuts, etc.). Understory species generally consist of short native and non-native grasses and other herbaceous species. This community is relatively disturbed, containing very little groundcover and planted trees that provide moderately suitable habitat for only one special-status species: California horned lark. Lacustrine Lacustrine communities consist of standing/open waters in topographic depressions (i.e., lakes) or dammed river channels. Lacustrine communities lack persistent emergent vegetation but may have submerged or floating-leaved aquatic vegetation. Generally, lacustrine systems are surrounded by hydrophytic plants, grasses, and trees. This community provides a suitable habitat for species that need standing/open waters: western spadefoot, tricolored blackbird, hoary bat, spotted bat, western pond turtle, dwarf downingia, and Sanford’s arrowhead. Annual Grassland Annual grassland communities includes a mix of native and non-native, annual grasses, which often occur in association with ruderal herbs and occasional native annual forbs. The dominant plant species within the annual grassland vegetation community typically include black needlegrass (Nasella sp.), fescue (Vulpia sp.), brome (Bromus sp.), and wild oats (Avena spp), with mustard (Brassica nigra), dove weed (Eremocarpus setigerus), and poppy (Eschscholzia sp.). These grasses germinate with the This community supports several special-status species that have the potential to occur in the Specific Plan Area. These special-status species include the American Badger, Burrowing owl, California horned lark, California tiger salamander, Fresno kangaroo rat, Pallid bat, San Joaquin kit fox, San Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 56 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Vegetation Community Type Description Suitability for Special-Status Species fall rains, grow during the winter and spring, and wither in the early summer. Joaquin pocket mouse, Swainson’s hawk, Western mastiff bat, Western spadefoot, Hartweg’s golden sunburst, Caper-fruited tropidocarpum, California jewel flower, Dwarf downingia, Spiny- sepaled button-celery, Succulent owl’s clover, and Greene’s tuctoria. Source: Esri Imagery 2022; City of Fresno 2020. The special-status species, including plants and wildlife in the Specific Plan Area, are further discussed in detail below. Special-status Plant Species A special-status plant species is defined as any plant species which is listed, or proposed for listing, as threatened or endangered by the United States Fish and Wildlife Service (USFWS) under the provisions of the Endangered Species Act.14 This includes any species designated by USFWS as a “candidate” or “species of concern” or species identified on California Native Plant Societty’s Lists 1A, 1B, or 2, implying potential danger or extinction. According to the California Natural Diversity Database (CNDDB), six special-status plants have the potential to occur in the Specific Plan Area. Table 7 describes the three special-status plant species listed for the Specific Plan Area and their legal status as shown on Exhibit 7 as well as the three plant species and their legal status that are not shown on Exhibit 7, but which are also known to occur within this 4-quad radius of the Specific Plan Area.15 Table 7: Special-status Plant Species within the Plan Area Special-status Species Name Federal Legal Status State Legal Status CNPS List and Threat Shown on Exhibit 7 California satintail (Imperata brevifolia) None None CNPS 2B.1 California jewel flower (Caulanthus californicus) FE SE CNPS 1B.1 Madera leptosiphon (Leptosiphon serrulatus) None None CNPS 1B.2 Not Shown on Exhibit 7 Succulent owl’s clover (Castilleja campestris ssp. succulenta) FT SE CNPS 1B.2 14 City of Fresno. 2014. Fresno General Plan. December 18 Website: https://www.fresno.gov/darm/wp- content/uploads/sites/10/2019/07/ConsolidatedGP6182020.pdf. Accessed September 27, 2022. 15 California Native Plant Society (CNPS) 2022. Rare Plant Program. Rare Plant Inventory (online edition, v9-01 1.5). Website: https://www.rareplants.cnps.org. Accessed September 27, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 57 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Special-status Species Name Federal Legal Status State Legal Status CNPS List and Threat Sanford’s arrowhead (Sagittaria sanfordii) None None CNPS 1B.2 Greene’s tuctoria (Tuctoria greenei) FE SR CNPS 1B.1 Notes: Listing Status: FE = Federally Listed Endangered FT = Federally Listed Threatened FC = Federal Species of Concern SE = State Listed Endangered ST = State Listed Threatened SR = State Rare SSC = California Species of Special Concern SP = State Fully Protected Species CNPS Lists: Rank 1A: Plants presumed extirpated in California and either rare or extinct elsewhere Rank 1B: Plants rare, threatened, or endangered in California and elsewhere Rank 2A: Plants presumed extirpated in California but common elsewhere Rank 2B: Plants rare, threatened, or endangered in California but more common elsewhere Rank 3: Plants about which more information is needed Rank 4: Watch List: Plants of limited distribution CNPS Treat Code Extensions: 1 = Seriously endangered in California 2 = Fairly endangered in California 3 = Not very endangered in California Sources: California Natural Diversity Database (CNDDB) 2022. California Native Plant Society (CNPS) 2022. THIS PAGE INTENTIONALLY LEFT BLANK 59 FirstCarbon Solutions Exhibit 7: CNDDB Special-status Species Occurrences This exhibit contains sensitive information relating to biological resources and is not intended for public distribution pursuant to Public Resources Code Section 21082.3(C)(2). A copy of confidential Exhibit 7: CNDDB Special-Status Species Occurrences is on file with the City of Fresno and is available to qualified professionals upon request. THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 61 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Special-status Wildlife Species A special-status wildlife species is defined as any wildlife species which is listed, or proposed for listing, as threatened or endangered by the USFWS or National Marine Fisheries Service under the provisions of the Endangered Species Act.16 It also includes any species designated by the CDFW as a “candidate” or “species of concern.” According to the CNDDB, 21 special-status wildlife species have the potential to occur in the Specific Plan Area. Table 8 describes the nine special-status wildlife species listed for the Specific Plan Area and their legal status as shown on Exhibit 7 as well as the 12 special-status wildlife species and their legal status that are not shown on Exhibit 7, but which are also known to occur within this 4-quad radius of the Specific Plan Area. Table 8: Special-status Wildlife Species within the Plan Area Special-status Species Name Federal Legal Status State Legal Status Shown on Exhibit 7 Swainson’s hawk (Buteo swainsoni) None ST Northern California legless lizard (Anniella pulchra) None SSC California glossy snake (Arizona elegans occidentalis) None SSC Coast horned lizard (Phrynosoma blainvillii) None SSC California tiger salamander–Central California DPS (Ambystoma californiense pop. 1) FT None Molestan blister beetle (lytta molesta) – – Crotch’s bumble bee (bombus crotchii) – – Antioch efferian robberfly (Efferia antiochi) – – Hurd’s retapogon robberfly (Metapogon hurdi) – – Not Shown on Exhibit 7 Burrowing owl (Athene cunicularia) None SSC Vernal pool fairy shrimp (Branchinecta lynchi) FT None Pallid bat (Antrozous pallidus) None SSC Great egret (Ardea alba) – – Western pond turtle (Emys marmorata) None SSC California linderiella (Linderiella occidentalis) – – Double-crested cormorant (Phalacrocorax auritus) – – Snowy egret (Egretta thula) – – 16 City of Fresno. 2014. Fresno General Plan. December 18 Website: https://www.fresno.gov/darm/wp- content/uploads/sites/10/2019/07/ConsolidatedGP6182020.pdf. Accessed July 7, 2022. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 62 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Special-status Species Name Federal Legal Status State Legal Status Hoary bat (Lasiurus cinereus) – – Black-crowned night heron (Nycticorax nycticorax) – – Western spadefoot (Spea hammondii) None SSC American badger (Taxidea taxus) None SSC Notes: Listing Status: FE = Federally Listed Endangered FT = Federally Listed Threatened FC = Federal Species of Concern SE = State Listed Endangered ST = State Listed Threatened SR = State Rare SSC = California Species of Special Concern SP = State Fully Protected Species CNPS Lists: Rank 1A: Plants presumed extirpated in California and either rare or extinct elsewhere Rank 1B: Plants rare, threatened, or endangered in California and elsewhere Rank 2A: Plants presumed extirpated in California but common elsewhere Rank 2B: Plants rare, threatened, or endangered in California but more common elsewhere Rank 3: Plants about which more information is needed Rank 4: Watch List: Plants of limited distribution CNPS Treat Code Extensions: .1 = Seriously endangered in California .2 = Fairly endangered in California .3 = Not very endangered in California Source: California Natural Diversity Database (CNDDB) 2022. Project-related impacts to the Specific Plan Area’s vegetation communities and special-status species are further described in the analysis below. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service? Less than significant impact with mitigation incorporated. This analysis evaluates the potential for the Specific Plan Area to support special-status plant and wildlife species. The description and legal status of these species is presented in Table 7 and Table 8 above. Exhibit 7 shows the records for special-status plants and animals contained within the CNDDB as of September 2022 within a 4-quad radius of the Specific Plan Area. Development under the proposed project would result in additional new residential and nonresidential land use development throughout the Specific Plan Area. The proposed project may City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 63 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx result in other private and public improvements throughout the Specific Plan Area with the potential for environmental effects related to Biological Resources. Thus, development consistent with the proposed project could result in the direct and indirect loss of natural vegetation communities that provide suitable habitat for 27 special-status plant and wildlife species that have the potential to occur or are known to occur within the Specific Plan Area. The vegetation communities within the Specific Plan Area that provide suitable habitat for listed and other special-status species are described above. Development within the Specific Plan Area could result in the loss or degradation of natural habitats such as lacustrine, riverine, and pasture, which may support special-status plant and wildlife species. Project-related impacts to any of these habitat types may result in a substantial adverse effect, if it is determined that a special-status species would be impacted, either directly or through habitat modifications. Special-status Plant Species A significant impact to special-status plant species would occur if future development under the proposed project would have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. Special-status and rare plant surveys were not conducted within the Specific Plan Area. However, as shown on Exhibit 7, a database search was conducted to identify where rare plants occurences are located within the Specific Plan Area. The results of that search determined that six special-species plants have limited potential to occur in the Specific Plan Area, as shown in Table 7. If individuals of these species are present in the Specific Plan Area, plants could be adversely impacted from development (e.g., soil compaction, trampling, or earthmoving activities) of the Specific Plan Area. Special-status Wildlife Species A significant impact would occur if future development under the proposed project would have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. Special-status wildlife surveys were not conducted within the Specific Plan Area. However, as shown on Exhibit 7, a database search was conducted to identify where special-status wildlife is located within the Specific Plan Area. The results of that search determined that 21 special-species wildlife have limited potential to occur in the Speciifc Plan Area, as shown in Table 8. Direct project impacts to species listed as a candidate, sensitive, or special-status species by local, State, and federal agencies should be avoided to the greatest extent feasible; however, it is acknowledged it may not be feasible for future projects to avoid these species. Project-related impacts that result in the direct take of a special-status species may be considered a significant impact. The presence or absence of a special-status species on a project site and the potential to impact a special-status species must be determined prior to project construction. If development within the Specific Plan Area results in the direct take or loss of suitable habitat for any of the 27 special-status species that have the potential to occur in the Specific Plan Area, project-level site- specific mitigation would be required to reduce the potential impacts to less than significant levels. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 64 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Project impacts to special-status species listed as threatened or endangered by CDFW and/or USFWS may also require agency consultation and/or take permits. However, future development in the Specific Plan Area would be required to comply with the following General Plan policies pertaining to biological resources, specifically within the Parks, Open Space, and Schools Element (POSS), as outlined above. Project-level implementation of the General Plan Policies POSS-5-a through POSS-5-f would reduce potential project impacts to special-status species and their associated habitats. Furthermore, the proposed project would incorporate General Plan PEIR MM BIO-1.1 through MM BIO-1.4, which would ensure that if one or more of these special-status species occur in the Specific Plan Area, their presence would be detected and the risk of mortality would be avoided to the maximum extent feasible. Additionally, all future development in the Specific Plan Area would be required to comply with the proposed Specific Plan policies pertaining to biological resources, including Policy OS-2.2, which protects passive open space, and Policy OS-5.2, which protects habitat corridors. The Municipal Code also includes policies pertaining to biological resources that relate to future development within the Specific Plan Area, such as Section 12-4.1302 and 12-4.1303 that prevent infill developments from occurring within habitats that can be used for endangered, rare, or threatened species. Implementation of the City’s relevant General Plan policies pertaining to biological resources (POSS- 5-a through POSS-5-f); adopted General Plan PEIR MM BIO-1.1 to MM BIO-1.4; Specific Plan policies (OS-2.2 and OS-5.2); and Sections 12-4.1302 and 12-4.1303 of the Municipal Code would reduce impacts to special-status species to a less than significant level. Avoidance and mitigation to protect said species would reduce all impacts to less than significant. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service? Less than significant impact with mitigation incorporated. Sensitive natural communities are vegetation communities or special wildlife habitats that are rare or occur in limited distributions or provide specific habitat requirements for special-status plant or wildlife species. The CDFW maintains a list of natural communities which attempts to classify vegetation types found within the State of California and rank them based on rarity. Communities ranked S1-S3 are considered sensitive natural communities.17 Riparian habitat is defined as any habitat with characteristic vegetation relating to or located on the bank of a natural watercourse, often described as riparian corridors. A significant impact would occur if the proposed project would have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or USFW. 17 California Department of Fish and Wildlife (CDFW). 2022. Natural Communities List, Sacramento: California Department of Fish and Wildlife. Website: https://wildlife.ca.gov/Data/VegCAMP/Natural-Communities. Accessed September 27, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 65 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx The Specific Plan Area contains approximately 14 acres of riparian habitats (riverine and lacustrine communities), which provide suitable habitat for a number of special-status plant and wildlife species known to occur in the region. The vast majority of future development within the Specific Plan Area is limited to existing disturbed and developed land and within areas that are unlikely to support special-status species. However, the presence of riparian habitat and/or a sensitive natural community on a project site must be evaluated prior to project approval. Any project-related impacts to riparian habitat and/or a sensitive natural community are considered a significant impact and require mitigation. Project-level implementation of the approved General Plan Objective (POSS-6) and Policies (POSS-6-a and POSS-6- b), and Objective (POSS-7) and Policies (POSS-7-a through POSS-7-d) will reduce potential project impacts to riparian habitats. Further, incorporation of the General Plan MMs BIO-2.1 to MM BIO-2.3 would ensure that sensitive natural communities and/or riparian habitats are not significantly impacted. Thus, impacts would be reduced to a less than significant level. c) Have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less than significant impact with mitigation incorporated. Wetlands are defined as areas that are permanently wet or periodically covered with shallow water, such as saltwater and freshwater marshes, open or closed brackish marshes, swamps, mud flats, and fens.18 A significant impact would occur if the construction or operations of the proposed project produced a substantial adverse effect on State or federally protected wetlands including marshes, vernal pools, coastal, etc., through direct removal, filling hydrological interruption, or other means. Development within the Specific Plan Area, particularly in undeveloped areas with the potential to support wetland habitat (e.g., pasture/grassland), could result in the loss of jurisdictional wetland habitat, which includes vernal pool habitats, seasonal wetlands and waters of the United States or intermittent/permanent water bodies. Any project-related impacts that result in the significant alteration or fill of a State or federally protected wetland is considered a significant impact. Additionally, special-status species associated with wetlands and vernal pool habitats, such as vernal pool fairy shrimp, may be impacted as a result of project impacts to protected wetlands. Project- specific agency (i.e., CDFW, RWQCB, and/or USACE) coordination and/or regulatory permitting would be required to reduce potential project impacts to wetland habitat. The implementation of Policies (POSS-6-a through POSS-7-d) would reduce potential project impacts to wetlands and wetland habitat. Further, incorporation of the General Plan PEIR MM BIO-3.1 and MM BIO-3.2 into the conditions of approval would ensure that wetlands are not significantly impacted. Thus, impacts would be reduced to a less than significant level. 18 City of Fresno. 2014. Fresno General Plan. December 18. Website: https://www.fresno.gov/darm/wp- content/uploads/sites/10/2019/07/ConsolidatedGP6182020.pdf. Accessed September 27, 2022. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 66 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? Less than significant impact. A wildlife corridor is defined as a natural corridor, such as an undeveloped ravine, that is frequently used by wildlife to travel from one area to another.19 A significant impact would occur if any construction or operations of the proposed project would interfere substantially with the movement of any native resident or migratory fish or wildlife species or with an established native resident or migratory wildlife corridor or impede the use of wildlife nursery sites. As previously discussed, the majority of the Specific Plan Area includes disturbed land. These areas are mainly surrounded by existing development and disturbed habitat areas resulting in habitat fragmentation. Because of the isolation of these areas, there are not many substantive linkages to consider them as part of a wildlife movement corridor. Regardless, all future development would be required to comply with the approved General Plan, including Policies (POSS-6-a through POSS-7-d) that would reduce impacts to wildlife movement corridors by providing buffer zones, control stormwater runoff, and providing periodic monitoring of the biological resource conditions. These policies would reduce potential impacts to wildlife movement corridors to a less than significant level. The Municipal Code also includes policies pertaining to fish and wildlife movement corridors that relate to future development within the Plan Area such as Section 12-5.510, which also dictates that all practical and reasonable measures should be taken to protect fish and wildlife and preserve wildlife corridors. Additionally, all future development in the Specific Plan Area resulting from the proposed project must comply with the proposed Specific Plan policies pertaining to biological resources, including Policy OS-2.2, which protects passive open space, and Policy OS-5.2, which protects habitat corridors. As such, impacts would be less than significant. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less than significant impact. A significant impact would occur if any construction or operation within the proposed project would conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Future development projects must meet restrictions mandated by Section 13-305 of the Municipal Code which defines “Protected Trees” and sets forth the requirements for mitigating impacts to protected trees. Project development within the Specific Plan Area may result in the removal or alteration of existing street and public trees within the boundaries of the Specific Plan Area. Existing preserved trees and landscaped trees within public property, including parkways, must be preserved in order to beautify the City, purify its air, and provide shade for its inhabitants. 19 City of Fresno. 2014. Fresno General Plan. December 18 Website: https://www.fresno.gov/darm/wp- content/uploads/sites/10/2019/07/ConsolidatedGP6182020.pdf. Accessed September 27, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 67 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Project development within the Specific Plan Area could have the potential to impact trees on public property; however, future development would be required to comply with Article 3 of Chapter 13 of the Municipal Code, as discussed above, which establishes regulations governing the preservation of trees on public property. Compliance with the Municipal Code would reduce any impacts related to conflicts with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Moreover, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. Therefore, potential impacts related to conflict with the City’s public tree ordinance would be less than significant. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State Habitat Conservation Plan? Less than significant impact. A significant impact would occur if the proposed Plan would conflict with the provisions of an adopted Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or other approved local, regional, or State HCP. The Plan Area is not located within the boundaries of any approved or draft HCP, NCCP, or other adopted local, regional or State HCP. Therefore, development within the Specific Plan Area would not result in any impacts to an adopted HCP or NCCP. As such, impacts would be less than significant. Mitigation Measures The following General Plan PEIR mitigation measures apply to the proposed project: MM BIO-1.1 Construction of a proposed project shall avoid, where possible, vegetation communities that provide suitable habitat for special-status species known to occur within the Planning Area. If construction within potentially suitable habitat must occur, the presence/absence of any special-status plant or wildlife species must be determined prior to construction, to determine whether the habitat supports any special-status species. If special-status species are determined to occupy any portion of a project site, avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. Specific mitigation measures for direct or incidental impacts to special-status species shall be determined on a case-by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. MM BIO-1.2 Direct or incidental take of any State or federally listed species shall be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resource agencies and/or additional permitting may be required. Agency consultation through the California Department of Fish and Wildlife (CDFW) 2081 and United States Fish and Wildlife Service (USFWS) Section 7 or Section 10 permitting processes shall take place prior to any action that may result in the direct or incidental take of a listed Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 68 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx species. Specific mitigation measures for direct or incidental impacts to a listed species will be determined on a case-by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. MM BIO-1.3 Development within the Planning Area shall avoid, where possible, special-status natural communities and vegetation communities that provide suitable habitat for special-status species. If a proposed project will result in the loss of a special-status natural community or suitable habitat for special-status species, compensatory habitat-based mitigation is required under California Environmental Quality Act (CEQA) and California Endangered Species Act (CESA). Mitigation shall consist of preserving on-site habitat, restoring similar habitat or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation shall be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio shall be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant level. Agreed-upon mitigation ratios shall depend on the quality of the habitat and presence/absence of a special-status species. Specific mitigation measures for direct or incidental impacts to special-status natural communities and vegetation communities shall be determined on a case-by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. MM BIO-1.4 Proposed projects within the Planning Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction clearance survey shall be conducted by a qualified Biologist to determine whether any nesting birds or nesting activity is observed on or within 500 feet of a project site. If an active nest is observed during the survey, a biological monitor shall be on-site to ensure that no proposed project activities would impact the active nest. A suitable buffer shall be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Prior to commencement of grading activities and issuance of any building permits, the Director of the City of Fresno Planning and Development Department, or designee, shall verify that all proposed project grading and construction plans include specific documentation regarding the requirements of the MBTA and California Fish and Game Code Section 5303, that pre-construction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field. Specific mitigation measures for direct or incidental impacts to avian species City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 69 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA) shall be determined on a case-by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. MM BIO-2.1 A pre-construction clearance survey, following current California Department of Fish and Wildlife (CDFW) protocols, shall be conducted by a qualified Biologist to determine whether a proposed project will result in the removal or impact to any riparian habitat and/or a special-status natural community with potential to occur in the Planning Area. Compensatory habitat-based mitigation shall be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off-site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be conducted in- kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat-based mitigation shall be determined through consultation with the appropriate agency (i.e., CDFW or United States Fish and Wildlife Service [USFWS]) on a case-by-case basis. The project applicant/developer for a proposed project shall develop and implement appropriate mitigation regarding impacts on their respective jurisdictions. MM BIO-2.2 A pre-construction clearance survey, following current California Department of Fish and Wildlife (CDFW) protocols, shall be conducted by a qualified Biologist to determine whether a proposed project will result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the Clean Water Act (CWA). The project applicant/developer for a proposed project shall consult with partner agencies such as California Department of Fish and Wildlife (CDFW) and/or United States Army Corp of Engineers (USACE) to develop and implement appropriate mitigation regarding impacts on their respective jurisdictions, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway. The project applicant/developer shall implement mitigation as directed by the agency with jurisdiction over the particular impact identified. MM BIO-2.3 Prior to project approval, a pre-construction clearance survey, following current California Department of Fish and Wildlife (CDFW) protocols, shall be conducted by a qualified Biologist to determine whether a proposed project would result in project-related impacts to riparian habitat or a special-status natural community or if it may result in direct or incidental impacts to special-status species associated with riparian or wetland habitats. The project applicant/developer for a proposed project shall be obligated to address project-specific impacts to special-status species associated with riparian habitat through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special-status species, as determined by the California Department of Fish and Wildlife (CDFW) and/or United States Fish and Wildlife Service (USFWS). Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 70 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx MM BIO-3.1 If a proposed project will result in the significant alteration or fill of a federally protected wetland, a formal wetland delineation conducted according to the United States Army Corp of Engineers (USACE)-accepted methodology is required for each project to determine the extent of wetlands on a project site. The delineation shall be used to determine whether federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of a wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Planning Area. Appropriate wetland mitigation/creation shall be implemented at a ratio according to the size of the impacted wetland. MM BIO-3.2 In addition to regulatory agency permitting, Best Management Practices (BMPs) identified from a list provided by the United States Army Corp of Engineers (USACE) shall be incorporated into the design and construction phase of the project to ensure that no pollutants or siltation drain into a federally protected wetland. Project design features such as fencing, appropriate drainage and incorporating detention basins shall assist in ensuring project-related impacts to wetland habitat are minimized to the greatest extent feasible. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 71 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.5 Cultural Resources and Tribal Cultural Resources Would the project: a) Cause a substantial adverse change in the significance of a historical resource as pursuant to Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? c) Disturb any human remains, including those interred outside of formal cemeteries? Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: d) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k), or e) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Setting This section describes the existing cultural and Tribal Cultural Resources (TCR) setting and potential effects from project implementation in the Specific Plan Area. Descriptions and analysis in this Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 72 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx section are based on the General Plan, Fresno Municipal Code, the Office of Historic Preservation Directory of Properties in the Historic Property Data File for Fresno County, the Southern San Joaquin Valley Information Center (SSJVIC) records search for the Specific Plan Area, the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), the California Built Environment Resource Directory (BERD), and the California Points of Historical Interest (CPHI) list. The non-confidential record search results, Native American Heritage Commission (NAHC) correspondence, and pedestrian survey photographs are provided in Appendix A. Southern San Joaquin Valley Information Center On October 6, 2021, a records search for the project site and a 0.5-mile radius beyond the Specific Plan Area boundaries, was conducted at the SSJVIC located at California State University, Bakersfield. To identify additional historic properties or resources, the current inventories of the NRHP, the CRHR, the California Historical Landmarks (CHL) list, the CPHI list, and the BERD for Fresno County were reviewed to determine the existence of previously documented local historical resources. Ethnographic resources were also reviewed for information regarding reported Native American village sites located within the City. Results from the records search indicate 68 resources (67 of which are historic, one of which is both historic and protohistoric, and one of which is an informal resource) have been recorded within a 0.5-mile radius of the Specific Plan Area as shown on Table 9. Thirty-five of those resources are located within the Specific Plan Area. In addition, 40 previous studies are on file with the SSJVIC within a 0.5-mile radius of the Specific Plan Area, 18 of which address locations within the Specific Plan Area itself as shown on Table 10. Table 9: Cultural Resources Recorded Within a 0.5-mile Radius of the Specific Plan Area Resource No. Resource Description Date Recorded Within the Specific Plan Area? P-10-003930 Southern Pacific Railroad, Historic AH07 (Roads/trails/railroad grades), HP11 (Engineering structure) 1998, 1999, 2002, 2004, 2009, 2010, 2013, 2015, 2016, 2018 Yes P-10-004248 California Products Co. HP02 (Single-family property), 1978 No P-10-004249 The Giffen Home, HP02 (Single-family property) Unknown Yes P-10-004253 Shuttera Residence, HP02 (Single-family property) 1978 No P-10-004274 Sckitchfield Residence; Hughes Residence, HP02 (Single-family property) Unknown No P-10-004280 San Joaquin Grocers Wholesale Warehouse, HP06 (1-3 story commercial building) 1978 No P-10-004286 Sun Maid Raisin Plant, HP33 (Farm/ranch); HP95 (Concrete Construction) 1978 No P-10-004287 Old Barn, HP39 (Other)–Barn/Garage Unknown No City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 73 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Resource No. Resource Description Date Recorded Within the Specific Plan Area? P-10-004299 Mingle Transportation and Warehouse Company; Fresno Brewery, HP06 (1-3 story commercial building) 1978, 1983 No P-10-004310 The Robinson Home, HP02 (Single-family property) Unknown No P-10-004312 The Euless Home, HP02 (Single-family property) Unknown No P-10-004349 Van Ness Entrance Gate, HP46 (Walls/gates/fences) 1978 No P-10-004675 Burlington Northern Santa Fe Railway, HP19 (Bridge); HP37 (Highway/trail)–Rail Road 2000, 2019 Yes P-10-004677 Central Canal, HP20 (Canal/aqueduct) 2000, 2003, 2004 No P-10-004762 133 S. Peach Avenue, HP02 (Single-family property); HP04 (Ancillary building) 2001 No P-10-004763 144 S. Peach Avenue, HP02 (Single-family property); HP04 (Ancillary building) 2001 No P-10-004764 145 S. Peach Avenue, HP02 (Single-family property) 2001 No P-10-004765 The Steinwand Home, HP02 (Single-family property); HP04 (Ancillary building); HP33 (Farm/ranch) 2001 No P-10-004766 317 S. Peach Avenue, HP02 (Single-family property); HP04 (Ancillary building) 2001 No P-10-004767 358 S. Peach Avenue, HP02 (Single-family property); HP04 (Ancillary building) 2001 No P-10-004768 The John M. Euless Home, HP02 (Single-family property); HP04 (Ancillary building) 1994 No P-10-004769 270 N. Peach Avenue, HP02 (Single-family property) 2001 No P-10-004770 284 N. Peach Avenue, HP02 (Single-family property); HP04 (Ancillary building) 2001 No P-10-005120 Martin Dedkian Residence; Mardiros S. Asadoorian Residence, HP02 (Single-family property) 1992 No P-10-005121 Kings Canyon-Peach Site; Mosesian & Sons; San Joaquin Winery, HP08 (Industrial building)– Packing facility 1992 No P-10-005225 The Lindstrom Residence; The Olivas Residence, HP02 (Single-family property) 1997 No P-10-005305 USDA Horticultural Field Station, HP04 (Ancillary building); HP14 (Government building); HP30 2003, 2005 No Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 74 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Resource No. Resource Description Date Recorded Within the Specific Plan Area? (Trees/vegetation); HP33 (Farm/ranch); HP35 (New Deal Public Works Project) P-10-005306 4808 E. Balch Avenue, HP02 (Single-family property) 2003 Yes P-10-005307 4814 E. Balch Avenue; Lot 8 in Block 2 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005308 4818 E. Balch Avenue; Lot 7 in Block 2 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005309 4826 E. Balch Avenue; Lot 5 in Block 2 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005310 4830 E. Balch Avenue; Lot 4 in Block 2 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005311 4836 E. Balch Avenue; Lot 3 in Block 2 of Mitchell Simpson Tract, City of Fresno, HP02 (Single-family property) 2003 Yes P-10-005312 4844 E. Balch Avenue; Lot 1 in Block 2 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005313 4845 E. Inyo Avenue; Lot 20 in Block 2 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005314 4841 E. Inyo Avenue; Lot 19 in Block 2 of Mitchell Simpson Tract, HP02 (Single-family property); HP04 (Ancillary building) 2003 Yes P-10-005315 4835 E. Inyo Avenue; Lot 18 in Block 2 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005316 4831 E. Inyo Avenue, HP02 (Single-family property) 2003 Yes P-10-005317 4827 E. Inyo Avenue; Lot 16 in Block 2 of Mitchell Simpson Tract, in the City of Fresno, HP02 (Single-family property) 2003 Yes P-10-005318 4821 E. Inyo Avenue; Lot 15 in Block 2 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005319 4817 E. Inyo Avenue; Lot 14 in Block 2 of Mitchell Simpson, HP02 (Single-family property) 2003 Yes City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 75 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Resource No. Resource Description Date Recorded Within the Specific Plan Area? P-10-005320 4813 E. Inyo Avenue; Lot 13 in Block 2 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005321 4808 E. Inyo Avenue; Lot 9 and the East 20 feet of Lot 10 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005322 4812 E. Inyo Avenue; Lot 8 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005323 4816 E. Inyo Avenue; Lot 7 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005324 4822 E. Inyo Avenue; Lot 6 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005325 4826 E. Inyo Avenue; Lot 5 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005326 4830 E. Inyo Avenue; Lot 4 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005327 4834 E. Inyo Avenue; Lot 3 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005328 4840 E. Inyo Avenue; Lot 2 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005329 4844 E. Inyo Avenue; Lot 1 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005330 4845 E. Mono Avenue; Lot 20 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005331 4841 E. Mono Avenue; Lot 19 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005332 4835 E. Mono Avenue; Lot 18 in Block 3 in Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005333 4831 E. Mono Avenue; The East 1/2 of Lot 16 and all of Lot 17 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005334 4817 E. Mono Avenue, HP02 (Single-family property) 2003 Yes P-10-005335 4815 E. Mono Avenue; Lot 13 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes P-10-005336 4809 E. Mono Avenue; Lot 12 in Block 3 of Mitchell Simpson Tract, HP02 (Single-family property) 2003 Yes Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 76 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Resource No. Resource Description Date Recorded Within the Specific Plan Area? P-10-006224 Berberian Residence; Map Reference No.1; Portion of Lot 24 of the Newhall Tract, HP02 (Single-family property) 2003 No P-10-006225 Map Reference No.2; Garza Residence, HP02 (Single-family property) 2003 No P-10-006594 S-31, HP02 (Single-family property) – Craftsman 1992 No P-10-006595 S-32, HP02 (Single-family property)–Modern 1992 No P-10-006596 S-33, HP02 (Single-family property)–Craftsman 1992 No P-10-006599 S-68, HP02 (Single-family property)–Tudor Revival 1992 No P-10-006600 S-69, HP03 (Multiple-family property)–Tudor Revival 1992 No P-10-006601 S-70, HP02 (Single-family property)–Modern 1992 No P-10-007094 APN 478-162-01 Historical Deposit, AH04 (Privies/dumps/trash scatters) 2018 No Source: Southern San Joaquin Valley Information Center (SSJVIC) Records Search. October 18, 2021. Table 10: Previous Investigations Within a 0.5-mile Radius of the Specific Plan Area Resource No. Report Title Author Date Within the Specific Plan Area? FR-00135 Cultural Resources Inventory Report for the Proposed Mojave Northward Expansion Project Hatoff, Brian, Voss, Barb, Waechter, Sharon, Benté, Vance, and Wee, Stephen 1995 No FR-00257 Historic Property Survey Report Route 180 Chestnut Avenue to Highland Avenue; 06-FRE-180, R60.9/R6736 06250- 342400 1990 Yes FR-00296 Cultural Resources Assessment for the Fresno Unified School District, Southeast Fresno High School, Middle School, and Elementary School Bissonnette, Linda Dick 1992 Yes FR-01231 Negative Archaeological Survey Report for the Construction of Route 180 Urban Project Nissen, Karen, Comeyne, Dominique, and Aguilar- Luna, Judy 1994 No FR-01651 Cultural Resources Survey for the Level (3) Communications Long Haul Fiber Optics Project: Segment WS04: Sacramento to Bakersfield Nelson, Wendy J. 2000 Yes City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 77 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Resource No. Report Title Author Date Within the Specific Plan Area? FR-01686 Cultural Resources Assessment for the Pacific Bell Site, CV-600-01, and the Fairgrounds Site, City of Fresno, Fresno County, California Peak, Melinda A. 2000 No FR-01694 Supplementary Historic Building Survey, Historic Resources Survey (Ratkovich Plan), Fresno, California Powell, John Edward and McGuire, Michael J. 1994 No FR-01696 A Cultural Resource Study for the Self- Help Housing Project In the Southeast Fresno Area, Fresno County, California Varner, Dudley M. 2001 No FR-01723 An Archaeological Survey of the Qualls Property, Fresno County, California–EA 4101 Wren, Donald G. 1995 Yes FR-01742 Archaeological Survey and Record Search for WorldCom Fresno 180 Aerial Project (800-25) Sutch, Cordelia 2001 Yes FR-01800 Archaeological Survey and Architectural Evaluation for the Peach Avenue Widening Project, Belmont to Butler Avenues, Fresno County, California Nettles, Wendy M. and Baloian, Mary Clark 2002 Yes FR-01850 Nextel Communications Wireless Telecommunications Service Facility, Fresno County Billat, Lorna 2000 No FR-01979 Historic Property Survey for Fresno Unified School District, Proposed Elementary School Site D-2 Fresno, California Livingstone, David M. 2003 Yes FR-02000 Cultural Resources Survey and Inventory of the USDA Peach Avenue Property in Fresno, California Nettles, Wendy M. and Baloian, Randy 2003 No FR-02002 Cultural Resources Survey Report for Level 3 Long Haul Fiber Optic Project: WS04 Connection to Fresno 3R Facility, in the City of Fresno, Fresno County, California Mason, Roger D. and Shepard, Richard S. 2000 No FR-02073 Environmental Assessment No. PW- 2004-08 Acquire and Construct an Intermodal Facility On the Southeast Corner of East Kings Canyon and South Alder Avenues Fraser, Becky 2004 Yes FR-02076 Historic Architecture Survey Report for the "Bungalow" Court Project, Fresno, California Hattersley-Drayton, Karana 2004 Yes Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 78 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Resource No. Report Title Author Date Within the Specific Plan Area? FR-02106 Request for SHPO Review of FCC Undertaking (FAT-0064 Kings Canyon + Cedar) Parker, Lori D. 2005 No FR-02109 Archaeological Survey for a Multi- Family and Single-Family Homes Project (APN 472-021-01), East Kings Canyon Road and South Adler Avenue, Fresno, California Brady, Jon L. 2005 Yes R-02143 A Cultural and Paleontological Resources Study for the KB Home Summit Hills Project Kaptain, Neal and Matzen, Ben 2005 No FR-02169 Records Search Results and Site Visit for Cricket Telecommunications Facility Candidate FAT-040B (Butler/Willow), 5130 East Lane, Fresno, Fresno County, California Bonner, Wayne H. 2005 Yes FR-02172 New Tower Submission Packet, FCC Form 620–Cedar-Butler, SC-10132B Supernowicz, Dana E. 2006 No FR-02192 New Tower Submission Packet, FCC Form 620–South Peach, SC-10122A Billat, Lorna 2006 No FR-02194 Cultural Resources Assessment– Dedekian Property (APN 481-060-02S) Parcel at the Northwest Corner, E. California and S. Willow Avenues, City of Fresno, Fresno County Busby, Colin I. 2005 Yes FR-02217 National Register of Historic Places Evaluation of the USDA Horticultural Field Station on Peach Avenue in Fresno, California Nettles, Wendy M. and Baloian, Randy 2005 No FR-02228 New Tower Submission Packet, FCC Form 620 for 5189 East Kings Canyon Road Losee, Carolyn 2005 Yes FR-02238 Cultural Resource Records Search and Site Visit Results for Cricket Telecommunications Facility Candidate FAT-017C (Chestnut/Belmont), 4765 East Belmont, Fresno, Fresno County, California Bonner, Wayne H. 2006 No FR-02287 Cultural Resources Final Report of Monitoring and Findings for the Qwest Network Construction Project, State of California Arrington, Cindy, Bass, Bryon, Brown, Joan, Corey, Chris, and Hunt, Kevin 2006 No City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 79 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Resource No. Report Title Author Date Within the Specific Plan Area? FR-02332 Records Search and Site Visit Results for T-Mobile Omnipoint Communications Facility Candidate SC40140 (Marks Kitchen), 4828 East Belmont Avenue, Fresno, Fresno County, California, 93727 Bonner, Wayne H. 2008 Yes FR-02496 Historic Resource Survey for the Placement of Verizon Cell Tower at 5339 East Butler Ave, Fresno, Fresno County, California Hatoff, Brian 2009 No FR-02504 Historic Property Survey for the Home Project for Self Help on South Willow and East Jensen Avenues in Fresno, California Brady, Jon and Hobbs, Kelly 2003 No FR-02620 Records Search and Site Visit Results for T-Mobile Omnipoint Communications Facility Candidate SC40140 (Mark's Kitchen), 4828 East Belmont Avenue, Fresno, Fresno County, California 93727 Bonner, Wayne 2008 Yes FR-02628 Cultural Resources Analysis for E Ventura Ensite #10768 (211849) 4066 East Ventura Avenue, Fresno, Fresno County, California Way, Michael A. 2012 No FR-02653 Cultural Resources Survey Big Fresno Fair/CVU0729 1121 South Chance Avenue, Fresno, Fresno County, California 93702 Ocampo, Gabriel 2014 Yes FR-02655 Cultural Resources Survey S Winery/Ensite #17717 (263603) 5080 East Tulare Avenue, Fresno, Fresno County, California 93727 Willers, David 2014 No FR-02722 Fresno Recycled Water Distribution System Project, Phase I Cultural Resources Study, Fresno County, California Anderson, Katherine and Vader, Michael 2015 No FR-02806 Cultural Resources Inventory for the Proposed Lennar Tract No. 5449 Residential Development in the City of Fresno, Fresno County, California Tibbet, Josh and Baloian, Mary 2016 No FR-02896 Fresno Fulton Corridor Specific Plan and Downtown Neighborhoods Community Plan Project Slawson, Dana N. and Kay, Michael 2012 No Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 80 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Resource No. Report Title Author Date Within the Specific Plan Area? FR-02972 Cultural Resources Records Search and Site Visit Results for AT&T Mobility, LLC Candidate CL01406_CVU3017 (Fresno Pacific University), 1890 South Wullow Avenue, Fresno, Fresno County, California, CASPR NO 3101A0D73E Davis, Shane and Wills, Carrie D. 2018 Yes FR-02992 Basin Training Center 8 FUDS Project Highland, Steven 2018 Yes Source: Southern San Joaquin Valley Information Center (SSJVIC) Records Search. October 18, 2021. Native American Heritage Commission Record Search On October 6, 2021, FCS sent a request to the NAHC in an effort to determine whether any sacred sites are listed on its Sacred Lands File for the Specific Plan Area. A response was received on November 14, 2021, indicating that the Sacred Lands File was negative for the presence of Native American cultural resources in the Specific Plan Area. The NAHC included a list of 12 tribal representatives available for consultation who may have additional knowledge of the Specific Plan Area. To ensure that all Native American knowledge and concerns over potential TCRs that may be affected by the proposed project are addressed, a letter containing project information requesting any additional information was sent by FCS to each tribal representative on November 15, 2021. No responses have been received to date. Correspondence related to the NAHC letters and tribal representatives can be found in Appendix A. Cultural Resources Would the project: a) Cause a substantial adverse change in the significance of a historical resource as pursuant to Section 15064.5? Less than significant impact with mitigation incorporated. A substantial adverse change in the significance of a historical resource is defined at Section 15064.5(b)(1) of the CEQA Guidelines as the “physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of a historical resource would be materially impaired.” Known historic structures are located throughout the Specific Plan Area as described in the preceding sections. While development consistent with the proposed project would reduce the total amount of the development in the Specific Plan Area compared to what was contemplated by the General Plan, development under the proposed project would result in additional residential and nonresidential development throughout the Specific Plan Area that could have significant environmental impacts related to historic resources. Therefore, subsequent development under the proposed project could affect known historic resources or previously unidentified or undesignated resources, creating a potentially significant impact. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 81 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx General Plan includes policies intended to conserve and reduce impacts to historical resources. For example, Policy HCR-2-g requires that the City review all demolition permits to determine whether buildings scheduled for demolition are potentially eligible for listing on the Local Register of Historic Resources and refer potentially eligible resources to the Historic Preservation Commission. The proposed project would also be required to comply with the City’s Historic Preservation Ordinance, which is incorporated as Article 16 in the City’s Municipal Code. As the City receives development applications for subsequent development under the proposed project, those applications will be reviewed by the City for compliance with the objectives and policies in the General Plan and the Specific Plan related to the protection of historical resources. The City’s Municipal Code and Zoning Ordinance, which implement the City’s General Plan, would be reviewed when development applications are received. Therefore, compliance with General Plan policies would ensure that future development projects are appropriately reviewed in terms of potential impacts to historic resources. Furthermore, the proposed project would implement General Plan PEIR MM CUL-1.1 and MM CUL-1.2. MM CUL-1.1 would require construction to halt in the immediate vicinity of previously undiscovered resources, should they be encountered during grading or construction activities, and the implementation of measures to protect these resources. MM CUL-1.2 requires a site-specific evaluation of historic and/or cultural resources by a professional, as well as provision of recommendations to mitigate potential impacts to historic and/or cultural resources. Thus, implementation of these MMs would reduce impacts to a less than significant level. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? Less than significant with mitigation incorporated. Based on a review of information available at the SSJVIC, portions of the Specific Plan Area have been previously surveyed for archaeological resources. While no known archaeological resource sites have been recorded within the Specific Plan Area, archaeological sites have been recorded within 0.5-mile and the possibility exists that additional undiscovered archaeological sites could be present within the Specific Plan Area. While development consistent with the proposed project would reduce the total amount of the development in the Specific Plan Area compared to what was completed by the General Plan, construction activities within previously undisturbed soils could result in a significant impact to unknown archaeological resources. The potential for additional archaeological sites to be present within the Specific Plan Area exists but varies by location. Prehistoric habitation sites tend to be situated in proximity to creeks and other areas with a reliable water supply. Task-specific sites or resource procurement sites can be situated in almost any environment conducive to human activity. Buried prehistoric archaeological sites tend to be found on Holocene-era landforms, particularly alluvial fans, floodplains, and areas along rivers and streams. There are no naturally occurring rivers and streams within the Specific Plan Area. The proposed project would also be required to comply with the City’s Historic Preservation Ordinance, which is incorporated as Article 16 in the City’s Municipal Code. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 82 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx As the City receives development applications for subsequent development under the proposed project, those applications would be reviewed by the City for compliance with General Plan Policies as well as the regulations of the Historic Preservation Ordinance related to archaeological resources. In particular, proposed new developments in the Specific Plan Area would be required to conduct an updated records search with the SSJVIC to determine the archaeological sensitivity of the site, as well as be referred to the NAHC and local Native American tribes. If required, an archaeological survey of the site would be conducted and/or accidental discovery procedures for archaeological resources would be required. In conclusion, development envisioned by the proposed project could affect known or previously unidentified archaeological resources within the Specific Plan Area, creating a potentially significant impact. However, compliance with General Plan policies as well as the regulations of the Historic Preservation Ordinance would ensure that future development projects are appropriately reviewed and designed in terms of potential impacts to archaeological resources. Furthermore, the future development under the proposed project would be required to implement General Plan MM CUL-2, which would require a field survey and literature search for prehistoric archaeological resources if a project will include excavation or construction activities within previously undisturbed soils. Thus, impacts would be less than significant. c) Disturb any human remains, including those interred outside of formal cemeteries? Less than significant with mitigation incorporated. While development consistent with the proposed project would reduce the total amount of the development in the Specific Plan Area compared to what was completed by the General Plan, there is always a possibility that ground- disturbing activities associated with future development may uncover previously unknown buried human remains that may not be marked in formal burial locations. Therefore, as future individual development and infrastructure projects are reviewed by the City, each project would be evaluated for conformance with the General Plan, the Historic Preservation Ordinance and other applicable State regulations. Under CEQA, human remains are protected under the definition of archaeological materials as being “any evidence of human activity.” Public Resources Code Section 5097 has specific stop-work and notification procedures to follow when Native American human remains are inadvertently discovered during excavation and construction activities. Section 7050.5 of the California Health and Safety Code sets forth provisions related to the treatment of human remains, including the treatment of human remains found in locations other than a dedicated cemetery and the responsibilities of the Coroner. These requirements apply to all construction projects within the Specific Plan Area. It is always possible that subsurface construction activities associated with future developments under the proposed project, such as trenching and grading, could potentially damage or destroy previously undiscovered human remains, creating a potentially significant impact. Compliance with adopted State, federal and local regulations for the protection of archaeological resources and human remains, would ensure that future development under the proposed project would not result in significant adverse effects to human remains. Future development under the proposed project would implement General Plan PEIR MM CUL-3. MM CUL-3 would require construction to halt in the City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 83 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx event that human remains are uncovered during construction activities and that the County Coroner be notified. If the remains are determined to be those of Native American descent, the NAHC shall be notified, and the landowner will take appropriate steps to prevent further disturbance or damage to the remains until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable. Implementation of this mitigation measure would reduce impacts to a less than significant level. Tribal Cultural Resources Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: d) A Tribal Cultural Resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). Less than significant with mitigation incorporated. Grading and construction activities within previously undisturbed soils within the Specific Plan Area could result in a significant impact to unknown Native American artifacts and human remains. On October 6, 2021, a letter was sent to the NAHC to determine whether any sacred sites are listed on its Sacred Lands File for the Specific Plan Area. A response was received on November 14, 2021, indicating the search returned negative results for TCRs in the Specific Plan Area (Appendix A). However, it is always possible that subsurface excavation activities may encounter previously undiscovered TCRs that may meet the eligibility requirements for listing in the California Register of Historical Resources. Therefore, any unidentified TCRs could be adversely affected by development under the proposed project and create a potentially significant impact. While the proposed project does not directly propose any adverse changes to any recorded TCRs, future development allowed under the proposed project could affect known or previously unidentified TCRs. In addition, the potential for additional undiscovered eligible TCRs to be present within the Specific Plan Area exists but varies by location. The General Plan includes policies intended to conserve and reduce impacts to TCRs. Policy HCR-2-d requires that the City works with local Native American tribes to protect recorded and unrecorded cultural and sacred sites, as required by State law. The proposed project would also be required to comply with the City’s Historic Preservation Ordinance, which is incorporated as Article 16 in the City’s Municipal Code. By adhering to the policies and actions in the General Plan and the City’s Historic Preservation Ordinance, the provisions under State and federal law, and implementing General Plan PEIR MM Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 84 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx CUL-1.1, MM CUL-1.2, MM CUL-2, and MM CUL-3, potential impacts to existing or undiscovered eligible TCRs within the Specific Plan Area would be reduced to less than significant. e) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less than significant with mitigation incorporated. As stated above, grading and construction activities within previously undisturbed soils within the City could result in a significant impact to unknown Native American artifacts and human remains. On October 6, 2021, a letter was sent to the NAHC to determine whether any sacred sites are listed on its Sacred Lands File for the Specific Plan Area. A response was received on November 14, 2021, indicating the search returned negative results for TCRs in the Specific Plan Area, and recommended contacting tribal representatives from 12 tribes for additional information. A letter containing project information was sent by FCS to each tribal representative on November 15, 2021. No responses have been received to date (Appendix A). At this time, the City, in its capacity as Lead Agency, has not identified any TCRs meeting the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1 that would be adversely impacted by the proposed project. Nonetheless, as described under Impact 2.5(d) future development allowed under the proposed project could affect previously unidentified TCRs. As discussed under Impact 2.5(d), the General Plan includes policies to conserve and reduce impacts to TCRs, such as Policy HCR-2-d. By adhering to the policies in the General Plan, the provisions under State and federal law, as well as implementing General Plan PEIR MM CUL-1.1, MM CUL-1.2, MM CUL-2, and MM CUL-3, potential impacts to existing or undiscovered eligible TCRs within the Specific Plan Area would be reduced to less than significant. Mitigation Measures The following General Plan PEIR mitigation measures apply to the proposed project: MM CUL-1.1 If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the lead agency. Appropriate measures for significant resources could include avoidance City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 85 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. MM CUL-1.2 Prior to approval of any discretionary project that could result in an adverse change to a potential historic and/or cultural resource, the City shall require a site-specific evaluation of historic and/or cultural resources by a professional who meets the Secretary of Interior’s Qualifications. The evaluation shall provide recommendations to mitigate potential impacts to historic and/or cultural resources and shall be approved by the Directory of Planning and Development. MM CUL-2 Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. • If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the lead agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the lead agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. • If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and the forms shall be submitted to the Southern San Joaquin Valley Information Center (SSJVIC). The resources shall be evaluated for significance. If the resources are Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 86 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. MM CUL-3 In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98(a). If the remains are determined to be of Native American descent, the Coroner shall notify the NAHC within 24 hours. The NAHC shall then contact the most likely descendant of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to Public Resources Code Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 87 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.6 Energy Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a State or local plan for renewable energy or energy efficiency? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Specific Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Setting End-use electricity and gas customers in Fresno County (County) are served solely by Pacific Gas and Electric Company (PG&E) to meet electrical power and natural gas demands. As of 2021, PG&E’s electric power mix contains 48 percent electricity generated from renewable sources.20 The smallest scale at which electricity consumption information is readily available is the County level. Therefore, electricity consumption in Fresno County is used herein to generally characterize the City’s existing electricity consumption. Fresno County includes several incorporated cities and a large unincorporated area. According to the California Energy Commission (CEC), Fresno County consumed approximately 7,444.9 gigawatt-hours (GWh) in 2019.21 Note that year 2019 was used over reporting year 2020 to present a pre-COVID-19 pandemic level of energy usage. Similarly, the smallest scale at which natural gas consumption information is readily available is at the County level; therefore, natural gas consumption in the County is used herein to also characterize the City’s existing natural gas consumption. According to the CEC, Fresno County consumed approximately 20 Pacific Gas and Electric Company (PG&E). 2022. Corporate Sustainability Report, Executive Summary. Website: https://www.pgecorp.com/corp_responsibility/reports/2022/assets/PGE_CSR_2022_Executive_Summary.pdf. Accessed September 12, 2022. 21 California Energy Commission (CEC). 2020. “Electricity Consumption by County.” Website: https://ecdms.energy.ca.gov/elecbycounty.aspx. Accessed September 12, 2022. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 88 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx 352.2 million U.S. therms of natural gas in 2019, or approximately 35,220 billion BTU.22 As with electricity consumption, the year 2019 was used over reporting year 2020 to present a pre-COVID-19 pandemic level of natural gas usage. The Specific Plan Area is in an urbanized area, located just to the east and southeast of Downtown Fresno, and is characterized by a blend of older single-family and multi-family housing developments, industrial facilities, public facilities, vacant land, and commercial areas. Existing development within the Specific Plan Area currently uses electricity and natural gas from existing utilities, as well as generate vehicle trips and subsequent fuel use. Energy-Related Regulations Federal and State agencies regulate energy use and consumption through various means and programs. At the federal level, the United States Department of Transportation (USDOT), the United States Department of Energy, and the EPA are three federal agencies with substantial influence over energy policies and programs. Generally, federal agencies influence and regulate transportation energy consumption through establishment and enforcement of fuel economy standards for automobiles and light trucks, through funding of energy-related research and development projects, and through funding for transportation infrastructure improvements. At the State level, the California Public Utilities Commission (CPUC) and the CEC are two agencies with authority over different aspects of energy. The CPUC regulates privately owned utilities in the energy, rail, telecommunications, and water fields. The CEC collects and analyzes energy-related data, prepares statewide energy policy recommendations and plans, promotes and funds energy efficiency programs, and adopts and enforces appliance and building energy efficiency standards. California is exempt under federal law from setting State fuel economy standards for new on-road motor vehicles. Some of the more relevant federal and State energy-related laws and plans are discussed below. Federal Energy Independence and Security Act, Corporate Average Fuel Efficiency Standards In response to Massachusetts et al. vs. Environmental Protection Agency et al., the Bush Administration issued an Executive Order on May 14, 2007, directing the EPA and USDOT to establish regulations that reduce greenhouse gas (GHG) emissions from motor vehicles, nonroad vehicles, and nonroad engines by 2008. On December 19, 2007, the Energy Independence and Security Act of 2007 was signed into law, requiring an increased Corporate Average Fuel Economy (CAFE) standard of 35 miles per gallon (mpg) for the combined fleet of cars and light trucks by the 2020 model year. In addition to setting increased CAFE standards for motor vehicles, the Energy Independence and Security Act (EISA) includes the following additional provisions: • Renewable Fuel Standard (Section 202) • Appliance and Lighting Efficiency Standards (Sections 301–325) • Building Energy Efficiency (Sections 411–441) 22 California Energy Commission (CEC). 2020. Gas Consumption by County. Website: https://ecdms.energy.ca.gov/gasbycounty.aspx. Accessed September 12, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 89 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Additional provisions of the EISA address energy savings in government and public institutions, promoting research for alternative energy, additional research in carbon capture, international energy programs, and the creation of green jobs. California Building Energy Efficiency Standards, Title 24 and California Green Building Standards Code The California Building Energy Efficiency Standards, Title 24, Part 6 provides efficiency standards for residential and nonresidential buildings under CALGreen. The standards are updated periodically to allow for incorporation of new energy efficient technologies and methods. The existing 2016 California Building Energy Efficiency Standards, Title 24 (2016 California Standards) became effective on January 1, 2017. The 2019 California Building Energy Efficiency Standards (2019 California Energy Code) go into effect on January 1, 2020, and are applicable to building permit applications submitted on or after that date. The 2019 California Energy Code requires solar photovoltaic systems for new homes, establishes requirements for newly constructed healthcare facilities, encourages demand responsive technologies for residential buildings, and updates indoor and outdoor lighting for nonresidential buildings. The CEC anticipates that single-family homes built with the 2019 California Energy Code will use approximately 7 percent less energy compared to the residential homes built under the 2016 California Standards. Additionally, after implementation of solar photovoltaic systems, homes built under the 2019 California Energy Code will consume about 53 percent less energy than homes built under the 2016 California Standards. Nonresidential buildings will use consume approximately 30 percent less energy due to lighting upgrades. California Assembly Bill 1007 (Pavley, Chapter 371, Statutes of 2005) Assembly Bill (AB) 1007 required the CEC to prepare a State plan (State Alternative Fuels Plan) to increase the use of alternative fuels in California. To comply with this requirement, the CEC prepared the State Alternative Fuels Plan in partnership with the ARB and in consultation with other State, fe deral, and local agencies. The final State Alternative Fuels Plan, published in December 2007, attempts to achieve an 80 percent reduction in GHG emissions associated with personal transportation, even as California’s population increases. California Code of Regulations Title 13, Motor Vehicles, Section 2449(d)(2) No vehicle or engines subject to this regulation may idle for more than 5 consecutive minutes. The idling limit does not apply to: • idling when queueing, • idling to verify that the vehicle is in safe operating condition, • idling for testing, servicing, repairing or diagnostic purposes, • idling necessary to accomplish work for which the vehicle was designed (such as operating a crane), • idling required to bring the machine system to operating temperature, and • idling necessary to ensure safe operation of the vehicle. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 90 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than significant with mitigation incorporated. While overall the proposed project includes less development than contemplated in the General Plan, the proposed project does include the reclassification of land use designations of some parcels within the Specific Plan Area to accommodate residential development and higher intensity mixed-use infill along priority corridors. Future development under the proposed project would consume energy throughout the construction and operation of such new development, in addition to energy consumption associated with existing development in the Specific Plan Area. Energy would be required during construction for the transportation of building materials, manufacturing of building materials, and the actual construction of buildings and infrastructure. During the operation, energy would be associated with building heating and cooling, use of consumer products, lighting, and vehicular traffic. Thus, future development under the proposed project would result in additional electricity and natural gas use. However, the General Plan includes policies and programs to ensure that new development is constructed and operated in a manner that uses fuel and energy in an efficient manner. Furthermore, the electricity provider, PG&E, is subject to California Renewables Portfolio Standard (RPS). The RPS requires investor-owned utilities, electric service providers, and community choice aggregators to increase procurement from eligible renewable energy resources to 33 percent of total procurement by 2020 and to 50 percent of total procurement by 2030. Renewable energy is generally defined as energy that comes from resources, which are naturally replenished within a human timescale such as sunlight, wind, tides, waves, and geothermal heat. The project would be served with electricity provided by PG&E. Given PG&E’s power mix,23 the increase in reliance on such energy resources further ensures this project would not result in the waste of the finite energy resources. Finally, in addition to compliance with applicable federal, State and local standards regarding energy consumption, future development within the Specific Plan Area would be required to assess the potential energy impacts on a project-specific basis. Construction Energy Usage During construction, the proposed project would result in energy consumption through the combustion of fossil fuels in construction vehicles, worker commute vehicles, and construction equipment and the use of electricity for temporary buildings, lighting, and other sources. It is not anticipated that natural gas would be consumed as part of project construction. Fossil fuels used for construction vehicles and other energy-consuming equipment would be used during site clearing, grading, paving, and building construction. The types of equipment could include gasoline- and diesel-powered construction and transportation equipment, including trucks, bulldozers, frontend loaders, forklifts, and cranes. Limitations on idling of vehicles and equipment and requirements that equipment be properly maintained would result in fuel savings. California Code of Regulations, Title 13, Sections 2449 and 2485, limit idling from both on-road and off-road diesel-powered equipment 23 Pacific Gas and Electric Company (PG&E). 2018. Where your electricity comes from. Website: https://www.pge.com/pge_global/common/pdfs/your-account/your-bill/understand-your-bill/bill-inserts/2018/10- 18_PowerContent.pdf. Accessed September 9, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 91 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx and are enforced by the ARB. Additionally, given the cost of fuel, contractors and owners have a strong financial incentive to avoid wasteful, inefficient, and unnecessary consumption of energy during construction. Other equipment could include construction lighting, field services (office trailers), and electrically driven equipment such as pumps and other tools. Because of the temporary nature of construction and the financial incentives for developers and contractors to use energy-consuming resources in an efficient manner, the construction phase of the proposed project would not result in wasteful, inefficient, and unnecessary consumption of energy. Furthermore, as required by the Municipal Code, Chapter 11, Article 1, SEC. 11-108 and SEC. 11-109, new development would be subject to energy conservation requirements in the California Energy Code (Title 24, Part 6, of the California Code of Regulations [CCR], California’s Energy Efficiency Standards for Residential and Nonresidential Buildings) and CALGreen (CCR Title 24, Part 11). Based on standards for new construction established by the State and adherence to the development standards in the Municipal Code, activities associated with implementation of the proposed project would not result in wasteful, inefficient, or unnecessary consumption of energy. Pursuant to the Municipal Code, the City would review development proposals prior to the approval of development plans to ensure that sufficient energy resources and facilities are available and that the development complies with energy conservation and efficiency standards of Title 24 and the Municipal Code. Additionally, implementation of the proposed project’s policies would help to minimize the effects of growth and development on energy resources. Therefore, implementation of the proposed project will have a less than significant impact under this criterion. Operation Energy Usage Operation of future developments envisioned as a part of the proposed project would consume natural gas and electricity for building heating and power, lighting, and water conveyance, among other operational requirements. Future development projects would be designed and constructed in accordance with the City’s latest adopted energy efficiency standards, which are based on the California Title 24 energy efficiency standards. Title 24 standards include a broad set of energy conservation requirements that apply to the structural, mechanical, electrical, and plumbing systems in a building. For example, the Title 24 Lighting Power Density requirements define the maximum wattage of lighting that can be used in a building based on its square footage. Title 24 additionally requires new low-rise residential developments to include rooftop solar systems meeting a minimum system capacity consistent with calculations contained in Title 24, Part 6, Subchapter 8. Title 24 standards, widely regarded as the most advanced energy efficiency standards, would help to reduce the amount of energy required for lighting, water heating, and heating and air conditioning in buildings and promote energy conservation. Additionally, implementation of the General Plan and the proposed project’s policies would help to minimize the effects of growth and development on energy resources. The plans and policies in the General Plan as well as the Specific Plan encourage alternative transit options through the creation of bicycle and pedestrian paths to improve the bikeability and walkability in the Plan Area. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 92 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Additionally, the General Plan includes numerous policies and implementation programs focused on improving the sustainability of the City, including reducing the consumption of non-renewable energy resources by requiring and encouraging conservation measures and the use of alternative energy sources (Policies RC-8-a through RC-8-k) and incentives for affordable housing providers, agencies, and non-profit and market rate developers to use Leadership in Energy and Environmental Design (LEEDTM) and CALGreen Tier 1 or Tier 2 standards or third party equivalents (Policy HC-3-d). Moreover, the energy efficiency of buildings is expected to continue to increase and improve throughout the life of the project as new energy efficiency standards are established. Similarly, the proposed project includes Policy RC-1.4 which includes Energy Conservation Strategies and incentives for residential projects. Plans submitted for building permits of development projects in the project area would be required to include verification demonstrating compliance with the Building and Energy Efficiency Standards for Residential and Non-Residential Buildings in effect at the time building permits are issued. These standards are updated every 3 years, with the latest update (2022) having gone into effect on January 1, 2023. The proposed project would also be required to adhere to the provisions of CALGreen, which established planning and design standards for sustainable site development, energy efficiency (beyond the California Energy Code requirements), water conservation, material conservation, and internal air contaminants. Additionally, because developments that would be considered under the proposed project have not been designed or proposed at this time, potential improvements to the current energy and natural gas facilities would be identified at the time such projects are considered. Therefore, with adherence to Title 24 regulations and the objectives and policies included in the approved General Plan and the proposed Specific Plan, the proposed project would not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation. Furthermore, implementation of project-specific MM AIR-8, MM AIR-9, and MM AIR-10 would reduce energy usage from the proposed project by requiring energy efficiency measures that go beyond the Title 24 and CALGreen standards, including the use of energy efficient building design and materials and electric vehicle (EV) infrastructure as included as a part of the City of Fresno GHG Reduction Plan. Implementation of these mitigation measures would further reduce the potential energy impacts of the proposed project. Transportation Energy Usage In addition to increasing demand for electricity and natural gas from the construction and operation of future development under the proposed project, increased energy use would also result from project-related trips. As the Specific Plan is a long-range planning project, forecasting future energy use related to travel for specific projects is speculative. Rather, the more appropriate measure of estimating energy use is to consider the VMT associated with the proposed project. A VMT analysis was conducted on August 16, 2022 for the proposed project by LSA (Appendix B). Because the proposed project is a Specific Plan, it qualifies as a land use plan, and therefore, the project’s VMT analysis was prepared using the criteria set forth in the City’s 2020 VMT Guidelines for land use plans. VMT Metrics for the entire Specific Plan Area were estimated both with and without the proposed land use changes. The analysis concluded that for both per capita and per employee VMT, City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 93 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx the proposed project would have lower VMT as compared to the no-project scenario within the entire Specific Plan Area. According to the General Plan PEIR, with the continued implementation of the approved General Plan, in 2035 the City VMT per capita (16.5 miles) is forecast to be 17 percent less than the County VMT per capita (19.9 miles). Corresponding numbers for VMT per employee indicates that the City average is forecast to be 13 percent lower than the approved General Plan (2035) County average. Additionally, development consistent with the proposed project would reduce the total amount of the development in the Specific Plan Area compared to what was completed by the General Plan. Morever, t he fuel efficiency of vehicles is expected to continue to increase and improve throughout the life of the project as new fuel economy standards are established. Lastly, the impact of future development projects on transportation energy demand would be assessed for specific projects. Therefore, the proposed project would have a less than significant impact transportation energy demands. b) Conflict with or obstruct a State or local plan for renewable energy or energy efficiency? Less than significant impact. The proposed project would be subject to all relevant provisions of the most recent update of CALGreen, including the 2016 California Standards, which would ensure that the project would consume energy efficiently through the incorporation of energy efficient features, such as door and window interlocks, direct digital controls for heating, ventilation, and air conditioning (HVAC ) systems, and high efficiency outdoor lighting. Furthermore, compliance with CALGreen in connection with the goals and policies set forth in the General Plan and the Greenhouse Gas Reduction Plan would ensure that the building energy use associated with the project would not be wasteful, inefficient, or unnecessary. In addition, PG&E would supply electricity and natural gas to the project, and as per PG&E compliance with the State’s RPS, a portion of the energy consumed during project operations would originate from renewable sources. Therefore, the project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency and impacts would be less than significant. Construction As previously discussed, the proposed project would result in energy consumption through the combustion of fossil fuels in construction vehicles, worker commute vehicles, construction equipment and through the use of electricity for temporary buildings, lighting, and other sources. California Code of Regulations Title 13, Sections 2449 and 2485, limit idling from both on-road and off-road diesel-powered equipment and are enforced by the ARB. Future development under the proposed project would comply with these regulations. There are no policies at the local level applicable to energy conservation specific to the construction phase; thus, it is anticipated that implementation of the proposed project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing energy use or increasing the use of renewable energy. Therefore, construction-related energy efficiency and renewable energy standards consistency impacts would be less than significant. Operation The General Plan aims to promote mixed-use development and encourage alternative modes of transportation to reduce vehicle trip lengths and reliance on the automobile, which in turn would Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 94 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx reduce the transportation energy demand in the Specific Plan Area. The General Plan also encourages development of housing near employment and transportation, which supports reductions in per capita VMT. Implementation of the policies in the General Plan, as well as the guiding principles and policies included in the proposed project, would also promote land use patterns that would improve walking and bicycling facilities to be more prominent, comfortable, and safe throughout the City. Compliance with the policies included in the General Plan, including Policy RC-8-j, would support the development of a network of integrated charging and alternate fuel station for both public and private vehicles that would also serve to reduce the overall transportation energy demand. The proposed project includes policies to promote the use of sustainable design features and renewable energy sources and to promote energy efficiency, conservation, and waste reduction measures. As discussed above, California’s RPS requires that 33 percent of electricity retail sales be served by renewable energy sources by 2020. The proposed project would be served with electricity provided by PG&E. A total of 48 percent of PG&E’s delivered electricity comes from renewable sources, including solar, wind, geothermal, small hydroelectric and various forms of bioenergy. PG&E reached California’s 2020 renewable energy goal in 2017 and is positioned to meet the State’s 60 percent by 2030 renewable energy mandate set forth in Senate Bill (SB) 100.24 The State’s Title 24 energy efficiency standards establishes mandatory measures for residential buildings, including material conservation and resource efficiency. Development consistent with the proposed project would be required to comply with these mandatory measures. The proposed project would also comply with the California Building Standards Code (CBC) requiring proposed low- rise residential buildings to include rooftop solar systems. In addition, per the CBC, the proposed buildings would be required to provide wiring that would allow installation of EV charging equipment in any private garages or carports. Mandatory compliance with the applicable provisions of CALGreen would ensure that development consistent with the proposed project uses energy efficiently. Compliance with the above measures would ensure that development consistent with the proposed project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing energy use or increasing the use of renewable energy. Therefore, operational energy efficiency and renewable energy standards consistency impacts would be less than significant. Mitigation Measures Implement project-specific MM AIR-8, MM AIR-9, and MM AIR-10. 24 Pacific Gas and Electric Company (PG&E). 2022. Renewable Energy and Storage web page. Website: https://www.pgecorp.com/corp_responsibility/reports/2022/pf03_renewable_energy_storage.html. Accessed December 15, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 95 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.7 Geology, Seismicity, and Soils Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Specific Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 96 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Setting According to the General Plan, the City does not lie within a known active Earthquake Fault Zone. Although a number of faults are located within the Sierra Nevada Mountain Range to the east of the Specific Plan Area, none are considered active. Numerous active faults are present within the central Coast Ranges west of the Specific Plan Area including the San Andreas Fault located approximately 68 miles west of the area. There is an active fault approximately 78 miles east of the Specific Plan Area near the census-designated place of Independence, California along the Fresno County-Inyo County border. The Great Valley Fault Zone also represents a source of seismotectonic forces. The Great Valley Fault Zone exists at the boundary of the Coastal Range and the Central Valley, approximately 40 miles west of the Specific Plan Area.25 Overall, seismic-related concerns (including liquefaction and subsidence) are considered fairly minor within the City. The City is not located in an Alquist-Priolo Special Fault Study Zone, that is, it has not been identified as a zone of special study around active faults. Hidden faulting in western Fresno County did manifest itself in the Coalinga Earthquake of 1983, causing ground shaking in Fresno, but resulted in minimal damage. Ground shaking represents the principal potential earthquake hazard for the City, which could cause damage to buildings and infrastructure. However, the distance between the City and major faults minimizes this potential hazard.26 Surface faulting is absent within the Specific Plan Area and the majority of the area is relatively flat. The general soil profile within the City consists predominately of silty sands, sandy silts, clayey sands, sandy clayey silts, and sands. The State has established minimum standards for building design through the CBC, which contain specific requirements for seismic safety, excavation, foundations, retaining walls, and site demolition. The American Society of Civil Engineers (ASCE) has also published standards for minimum design loads for buildings in the 2010 ASCE-7 standards. The CBC also contains standards for grading activities, including drainage and erosion control (Chapter 18, Appendix J). Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less than significant impact with mitigation incorporated. Historically, ground surface displacements closely follow the trace of geologically young faults. As previously described, the Specific Plan Area is not within an Earthquake Fault Zone as defined by the Alquist-Priolo Earthquake Fault Zoning Act, and no known active or potentially active faults occur within the Specific Plan Area. 25 City of Fresno. 2020. City of Fresno General Plan Program Environmental Impact Report. March. 26 City of Fresno. 2014. City of Fresno General Plan, Noise and Safety. December. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 97 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx All active faults in the surrounding vicinity of the Specific Plan Area are located over 30 miles in any direction. The nearest source of seismotectonic forces is the Great Valley Fault Zone, approximately 40 miles west of the Plan Area. The Great Valley Fault Zone has the potential to produce a 6.1 moment magnitude earthquake. However, due to distance, the potential impact is relatively low. Further, future development under the proposed project would comply with the 2022 CBC, which contains seismic safety requirements. Lastly, the proposed project would implement General Plan PEIR MM GEO-6.1, which requires future development to conduct a field survey and literature review, and project-specific MM GEO-7, which would require future development under the proposed project to conduct a design-level geotechnical study and incorporate all construction- related recommendations to address site-specific conditions, which would reduce potential impacts to less than significant. Therefore, the proposed project would have a less than significant impact. ii) Strong seismic ground shaking? Less than significant impact. As with most areas within the State, the Specific Plan Area would be exposed to ground shaking from seismic events on local and regional faults. However, the Fresno area has historically experienced a low to moderate degree of seismicity. According to the General Plan PEIR, the nearest source of seismotectonic forces to the project area is the Great Valley Fault Zone located over 40 miles to the southwest, which is capable of producing a 6.1 moment magnitude earthquake. Therefore, the seismicity of the project area is governed by the activity of the Great Valley Fault, although ground shaking from future earthquakes on other faults could also be felt at the site. The intensity of earthquake ground motion at the site would depend upon the characteristics of the generating fault, distance to the earthquake epicenter, and magnitude and duration of the earthquake. Strong to very strong ground shaking could occur at the site during a large earthquake on one of the nearby faults. Future development in the Specific Plan Area would be designed to withstand strong ground shaking, because all built projects are required to comply with the CBC to minimize the potential effects of ground shaking and other seismic activity. To reduce ground shaking impacts, the proposed project would also be consistent with General Plan Objective NS-2 and policies NS-2-a through NS-2-d, which aim to minimize risks of property damage and personal injury posed by geologic and seismic risks. Therefore, the proposed project would have a less than significant impact related to strong seismic ground shaking. iii) Seismic-related ground failure, including liquefaction? Less than significant impact with mitigation incorporated. As previously discussed, the soil profile within the City consists predominately of silty sands, sandy silts, clayey sands, sandy clayey silts, and sands. The potential for soil liquefaction in the Specific Plan Area was determined by the General Plan PEIR to range from very low to moderate. In addition to liquefaction, the Specific Plan Area could be susceptible to induced settlement of loose unconsolidated soils or lateral spread during seismic shaking events. However, based on the nature of the subsurface materials and the relatively low to moderate seismicity of the region, the seismic settlement and/or lateral spread are not anticipated to represent a substantial hazard within the Specific Plan Area during seismic events. Further, future development within the Specific Plan Area would comply with CBC seismic design standards General Plan PEIR MM GEO-6.1, and MM GEO-7. As previously discussed, General Plan Objective NS-2 and Policies NS-2-a through NS-2-d also require the City to minimize risks by Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 98 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx implementing a series of measures to reduce impacts to new development. Therefore, the proposed project would have a less than significant impact related to seismic-related ground failure with mitigation incorporated. iv) Landslides? Less than significant impact. As previously discussed, the City is generally flat. Therefore, there is not a significant risk of landslides in the City or the Specific Plan Area. The Specific Plan Area has not been identified as an area of high landslide hazard.27 Future development under the proposed project would be required to comply with the CBC, General Plan policies, and the City’s Municipal Code. Therefore, the proposed project would have a less than significant impact related to landslide hazards. b) Result in substantial soil erosion or the loss of topsoil? Less than significant impact. The General Plan PEIR determined that development and land use activities contemplated by the Specific Plan Area would result in site preparation activities, such as grading and trenching, at future project sites located throughout the Specific Plan Area. Future projects would also result in the addition of impervious surfaces within the Specific Plan Area, and depending on the location of the project, could possibly result in the alteration of topographic features at the project site. The alteration of topographic features could lead to increased erosion by creating unstable rock or soil surfaces. Because much of the Specific Plan Area is relatively flat and the locations of projects that would substantially alter topography are limited, there would be minimal geotechnical effects related to erosion. Moreover, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. Future development under the proposed project would be required to comply with the National Pollutant Discharge Elimination System (NPDES) permitting program as well as the Fresno Municipal Code and General Plan. Fresno Municipal Code Section 15-3302 requires every approved map to be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property. All future projects on sites larger than 1 acre within the Specific Plan Area are required to submit a Storm Water Pollution Prevention Plan (SWPPP) and Grading Plan to the City that identify specific actions and BMPs to prevent stormwater pollution from construction sources. The plans would identify a practical sequence for site restoration, BMP implementation, contingency measures, responsible parties, and agency contacts. Compliance with these policies and with other pertinent regulations will ensure that potential soil erosion impacts, or the potential loss of topsoil, would be less than significant. 27 Fresno County. 2018. Fresno County Multi-Jurisdictional Hazard Mitigation Plan, Figure 4.23 Landslide Hazards and Areas of Subsidence in Fresno County. May. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 99 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less than significant impact with mitigation incorporated. The General Plan PEIR determined that damage caused by subsidence or collapse has been restricted principally to significant changes in gradients of canals and aqueducts, and breakage of deep-water well casings. Furthermore, portions of the San Joaquin Valley have been subject to land subsidence or collapse due to groundwater and petroleum extraction. Within the San Joaquin Valley, subsidence or collapse is concentrated in the southern part and the west side of the valley where rainfall is sparse and groundwater recharge is minimal. Although subsidence or collapse is a significant concern in western Fresno County, as well as other portions of the San Joaquin Valley, the Specific Plan Area is not known to be subject to such subsidence or collapse hazards. Future development as envisioned in the Specific Plan is required to comply with building code requirements to mitigate and minimize liquefaction and landslide hazards. Finally, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. With implementation of General Plan PEIR MM GEO-6.1 and project-specific MM GEO-7, which requires a geotechnical study with preventive measures for liquefaction and landslides, and compliance with General Plan policies and the Municipal Code, the proposed project would have a less than significant impact related to landslides, lateral spreading, subsidence, liquefaction, or collapse. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than significant impact with mitigation incorporated. The General Plan PEIR anticipated that there are localized areas within City that contain expansive soils, though the specific locations of these areas are not known. As previously discussed, the general soil profile within the City consists predominately of silty sands, sandy silts, clayey sands, sandy clayey silts, and sands. The clayey soils are slightly to moderately expansive. Because the Specific Plan Area may contain expansive soils, which can cause movement and cracking of foundations, pavement, and slabs, future development under the proposed project would be required to implement General Plan PEIR MM GEO-6.1 and MM GEO-7. In general, the effects of expansive soil can be mitigated by moisture-conditioning the expansive soil, providing non-expansive fill below slabs, and either supporting foundations below the zone of severe moisture change or by providing a stiff, shallow foundation that can limit deformation of the superstructure as the underlying soil shrinks and swells. Future development under the proposed project would comply with the CBC and General Plan, as well as the Municipal Code Ordinance Section 12-1022, which requires preliminary soil reports be prepared to identify potential site-specific soil issues such as expansive soils, and to include foundation support and grading parameters in the project design to address site-specific soil conditions. Preliminary soil reports may include measures that should be incorporated into project plans that reduce potential impacts related to expansive soil or other potentially hazardous soil conditions. Further, grading and erosion control measures are required under Section 15-1603 of the Municipal Code. Moreover, development consistent with the proposed Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 100 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan, thus reducing the amount of development that would potentially be located on expansive soils as compared to what was considered in the General Plan. Therefore, the proposed project would have a less than significant impact related to expansive soils with mitigation incorporated. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No impact. The General Plan PEIR determined that there would be no impacts related to septic systems or other alternative wastewater disposal systems as General Plan buildout requires mandatory abatement of existing septic systems. With General Plan buildout, septic systems would be removed, and public sewage collection and disposal systems would be installed. Because the proposed project is consistent with the General Plan, there would be no septic tank systems included in the buildout of the Specific Plan Area. Sewer services in the Specific Plan Area are provided by the City. Thus, no impact would occur. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than significant impact with mitigation incorporated. The General Plan PEIR determined that there are two primary surficial deposits: (1) Pleistocene non-marine; and (2) Quaternary non-marine fan deposits. The Pleistocene non- marine deposits are considered to have a high potential sensitivity. The Quaternary non-marine deposits consist of Pleistocene-Holocene alluvial sediments. Since these deposits include Pleistocene sediments, they are also considered to have a high potential for sensitivity. Therefore, excavation and/or construction activities within the Specific Plan Area that are associated with continued implementation of the approved General Plan have the potential to impact paleontological/geological resources during excavation and construction activities within previously undisturbed soils. Thus, the potential to impact paleontological resources during excavation and construction activities is considered potentially significant. However, the proposed project would implement General Plan PEIR MM GEO-6.1 and project-specific MM GEO-8, which requires a qualified Paleontological Monitor to be retained prior to initiation of excavation procedures and would reduce impacts to a less than significant level. Therefore, the proposed project would have a less than significant impact on unique paleontological resources or geologic features. Mitigation Measures The following General Plan PEIR mitigation measure applies to the proposed project: MM GEO-6.1 Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed: City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 101 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx • If unique paleontological/geological resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. • If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/geological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. The following project-specific mitigation measures apply to the proposed project: MM GEO-7 Prior to issuance of building permits for new construction on any property within the Specific Plan, the project applicant shall submit a design-level geotechnical study and building plans to the City of Fresno for review and approval. The building plans shall demonstrate that they incorporate all applicable recommendations of the design-level geotechnical study and comply with all applicable requirements of the most recent version of the California Building Standards Code (CBC). A licensed Professional Engineer shall prepare the plans, including those that pertain to soil engineering and structural foundations. The approved plans shall be incorporated into the proposed project. All on-site soil engineering activities shall be conducted under the supervision of a licensed Geotechnical Engineer or Certified Engineering Geologist. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 102 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx MM GEO-8 Prior to approval of any discretionary project that could result in an adverse change to a potential paleontological resource, the City shall require a site-specific evaluation of paleontological resources by a professional who meets the Society of Vertebrate Paleontology qualification standards. The evaluation shall provide recommendations to mitigate potential impacts to paleontological resources and shall be approved by the Director of Planning and Development. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 103 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.8 Greenhouse Gas Emissions Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Specific Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Setting GHGs are generated from natural geological and biological processes and through human activities, including the combustion of fossil fuels and industrial and agricultural processes. GHGs include CO 2 , nitrous oxide (N 2 O), methane (CH 4 ), chlorofluorocarbons, hydrofluorocarbons and perfluorocarbons. While GHGs are emitted locally, they have global implications. GHGs trap heat in the atmosphere, which heats up the surface of the Earth. This concept is known as global warming and is contributing to climate change. Changing climatic conditions pose several potential adverse impacts including sea level rise, increased risk of wildfires, degraded ecological systems, deteriorated public health, and decreased water supplies. To address GHGs at the State level, the California legislature passed the California Global Warming Solutions Act in 2006 (AB 32), which requires Statewide GHG emissions be reduced to 1990 levels by 2020. Executive Order S-3-05 provides the California Environmental Protection Agency (Cal/EPA) with the regulatory authority to coordinate the State’s effort to achieve GHG reduction targets. Executive Order S-3-05 goes beyond AB 32 and calls for an 80 percent reduction below 1990 levels by 2050. SB 375 was adopted in 2008, which seeks to curb GHGs by reducing urban sprawl and VMT. The Governor signed SB 32 in September of 2016, giving ARB the statutory responsibility to include the 2030 target previously contained in Executive Order B-30-15 in the 2017 Climate Change Scoping Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 104 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Plan Update. SB 32 states that “[i]n adopting rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions authorized by this division, the state [air resources] board shall ensure that statewide greenhouse gas emissions are reduced to at least 40 percent below the statewide greenhouse gas emissions limit no later than December 31, 2030.”28 The 2017 Climate Change Scoping Plan Update addressing the SB 32 targets was adopted by the ARB on December 14, 2017. The recently adopted 2022 Climate Change Scoping Plan, adopted by the ARB in December 2022, includes measures to further reduce GHG emissions, supporting State goals of carbon neutrality by 2045. The City is located in the in the SJVAB. The SJVAB consists of Kings, Madera, San Joaquin, Merced, Stanislaus, and Fresno Counties, as well as a portion of Kern County. The local agency with jurisdiction over air quality in the SJVAB is the Valley Air District. The City developed its first GHG Plan in 2014 and adopted an updated GHG Plan (the GHG Plan Update) on September 30, 2021, pursuant to a certified General Plan PEIR. The GHG Plan Update was developed by the City to ensure conformity with the mandates of California Supreme Court in the Newhall Ranch case and the State of California’s latest GHG regulations. The GHG Plan Update re-evaluates the City’s GHG reduction targets and reduction strategies from the 2014 GHG Plan. The City’s GHG inventory, based on the most recent data available for the year 2016, is evaluated and the future growth in emissions for the Business as Usual scenario (BAU) and adjusted BAU scenarios (the adjusted BAU scenario takes into account the State policies) for the years 2020, 2030, and 2035 are projected. The 2020 and 2030 forecast years are consistent with the goals identified in AB 32 and SB 32, which identify Statewide GHG reduction targets by 2020 and 2030. The 2035 forecast year corresponds to the City’s General Plan horizon year and will allow the City to develop long-term strategies to continue GHG reductions. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less than significant impact. Implementation of the proposed project would contribute to global climate change through direct emissions of GHG from on-site area sources and vehicle trips generated by the proposed project, and indirectly through off-site energy production required for on-site activities, water use, and waste disposal. Estimated GHG emissions attributable to future development would be primarily associated with increases of CO 2 and other GHG pollutants, such as CH 4 and N 2 O, from mobile sources and utility usage. Construction Construction activities associated with future development under the proposed project would generate temporary short-term GHG emissions from heavy-duty construction equipment, worker trips, and material delivery and hauling. On-site activities would consist of the operation of off-road construction equipment as well as on-site truck travel (e.g., haul trucks, dump trucks, and concrete trucks). Off-site sources would include emissions from construction vehicles used for hauling materials and worker vehicle trips. Future development under the proposed project would comply 28 California Legislative Information. 2015–2016. SB-32 California Global Warming Solutions Act of 2006: Emissions limit. Website: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB32. Accessed September 9, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 105 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx with the requirements of the City’s General Plan policies and programs related to GHG emissions as well as applicable Valley Air District regulations. Short-term construction GHG emissions are a one- time release of GHGs and are not expected to significantly contribute to global climate change. Therefore, future development under the proposed project at construction would not result in significant adverse effects related to GHG emissions. As such, the implementation of the proposed project would result in a less than significant impact relative to this topic. Operation Operational or long-term emissions occur over the life of the project. Sources of emissions may include motor vehicles and trucks, energy usage, water usage, waste generation, and area sources, such as landscaping activities. While implementation of the proposed project would generate an increase in GHG emissions, its guiding principles, design guidelines, and proposed land use designations for the Specific Plan Area would contribute to minimizing emissions to the extent feasible. Guiding principles and objectives of the proposed project include promoting sustainable development and encouraging modes of transportation other than vehicles. Applicable General Plan policies support the installation of electric infrastructure to support electric vehicles at residential, commercial, and industrial land uses. Future developments under the proposed project would be subject to State regulations that will reduce emissions from project construction and operation, including Title 24 and CALGreen standards and the California Code of Regulations, which the City has adopted. As such, the implementation of the proposed project would result in a less than significant impact relative to this topic. b) Conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less than significant impact with mitigation incorporated. Applicable plans adopted for the purpose of reducing GHG emissions include ARB’s Scoping Plan, the Fresno COG RTP/SCS, and the City’s GHG Reduction Plan. A consistency analysis with these plans is presented below. Consistency with the City’s GHG Reduction Plan As discussed earlier, the City of Fresno has developed a GHG Reduction Plan that meets the description of mitigation found in CEQA Guidelines Section 15130(a)(3) and Section 15183.5 and allows for streamlined CEQA compliance for new development projects. The GHG Reduction Plan Update was developed consistent with AB 32, SB 32, and Executive Order S-3-05, and supports State and international efforts to stabilize climate change. The GHG Plan Update provides strategies and guidelines for the reduction of GHG emissions in accordance with CEQA Guidelines Section 15183.5. The first step in analyzing a project’s consistency with the GHG Reduction Plan is to determine the proposed project’s consistency with the land use assumptions in the GHG Reduction Plan. The land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Specific Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area and would overall be consistent with the General Plan. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 106 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Future development under the proposed project would comply with the requirements of the City’s General Plan policies and programs related to GHG emissions as well as applicable Valley Air District regulations. Short-term construction GHG emissions are a one-time release of GHGs and are not expected to significantly contribute to global climate change. Additionally, the implementation of the mitigation measures presented in Section 2.3, Air Quality, would further reduce the overall annual GHG emissions associated with the proposed project. For instance, MM AIR-6 would require the use of “super-compliant” architectural coatings during construction to reduce the generation of VOC emissions, which are also GHGs with low global warming potential (GWP). Therefore, future development under the proposed project at construction would not result in significant adverse effects related to GHG emissions. As such, the construction of future development consistent with the proposed project would result in a less than significant impact relative to this topic. Consistency with the Fresno COG RTP/SCS The RTP/SCS envisions an increase in development density that would encourage fewer and shorter trips and more trips by transit, walking, and bicycling in amounts sufficient to achieve the SB 375 targets. The strategies included in the Specific Plan are consistent with the measures included in the RTP/SCS and would serve to support a per capita reduction in VMT in the Specific Plan Area after the implementation of the proposed project. Consistency with ARB Scoping Plan In accordance with AB 32, the ARB developed the 2008 Scoping Plan to outline the State’s strategy established by AB 32, which is to return to the State’s GHG emissions inventory to 1990 levels by the year 2020. In September 2016, SB 32 was signed into law, requiring the State’s GHG emissions to return to 40 percent below 1990 levels by 2030. Executive Order B-30-15 and SB 32 require the ARB to prepare another update to the Scoping Plan to address the 2030 target for the State. On January 20, 2017, the ARB released the draft 2017 Climate Change Scoping Plan to address the new interim GHG emissions target under SB 32. The ARB Scoping Plan is applicable to State agencies and is not directly applicable to cities/counties and individual projects. Nonetheless, the Scoping Plan has been the primary tool to develop performance-based and efficiency-based CEQA criteria and GHG reduction targets for climate action planning efforts. The recently updated 2022 Climate Change Scoping Plan builds on the 2017 Climate Change Scoping Plan and provides strategies for the State to meet the 2030 GHG reduction target as established under SB 32, as well as supporting State goals of carbon neutrality in 2045. Statewide strategies to reduce GHG emissions in the 2022 Climate Change Scoping Plan include implementing SB 350, which expands the RPS to 50 percent by 2030 and doubles energy efficiency savings; achieving a per capita VMT reduction of at least 25 percent below 2019 levels by 2030; achieving 100 percent Zero-Emission Vehicle (ZEV) sales of light-duty vehicles by 2035; ; installing anaerobic digesters to maximize air and water quality protection, maximize biomethane capture, and direct biomethane to specific sectors; increasing the stringency and scope of the Low Carbon Fuel Standard (LCFS); implementing SB 905; and implementing the Climate Smart Strategy for Natural and Working Lands.29 The proposed project would comply with these Statewide GHG emissions reduction measures. In addition, future development under the proposed project would be subject to the future triannual updates to the Building and Energy Efficiency Standards, 29 California Air Resources Board (CARB), 2022. The 2022 Scoping Plan for Achieving Carbon Neutrality. Website: https://ww2.arb.ca.gov/sites/default/files/2022-12/2022-sp.pdf. Accessed December 27, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 107 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx which will ultimately require zero-net-energy (ZNE) construction. However, the Scoping Plan itself is not directly applicable to the proposed project. Therefore, the proposed project would not obstruct implementation of the ARB Scoping Plan, and impacts would be less than significant. The proposed project is consistent with the applicable local plans, policies, and regulations and would not conflict with the provisions of AB 32, the applicable air quality plan, or any other State or regional plan, policy or regulation of an agency adopted for the purpose of reducing GHG emissions. This impact would be less than significant with mitigation incorporated. Mitigation Measures Implement General Plan PEIR MM AIR-2.1, MM AIR-2.2, MM AIR-3.1, MM AIR-3.2, MM AIR-4.1, and project-specific MM AIR-5, MM AIR-6, MM AIR-7, MM AIR-8, MM AIR-9, and MM AIR-10. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 108 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.9 Hazards and Hazardous Materials Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures, either directly or indirectly to a significant risk of loss, injury or death involving wildland fires? Environmental Evaluation Introduction As noted in the Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Specific Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 109 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Setting Hazardous materials are substances that, because of their chemical or physical properties, quantity, concentration, or other characteristics, may present a potential hazard to human health or environment if improperly treated or disposed (CCR Title 22, Division 4.5, Chapter 10, Article 2, § 66260.10). Similarly, hazardous waste refers to hazardous materials that are no longer in use and awaiting disposal. Hazardous materials and waste are classified by the EPA and DTSC according to four properties: toxicity, ignitability, corrosivity, and reactivity. Potential hazards and the use and transportation of hazardous substances are regulated by an overlapping set of adopted City, County, State, and federal plans, policies and regulations. The City addresses issues related to potential hazards and the use and transportation of hazardous materials in its Municipal Code and the 2025 General Plan. Hazardous materials are also regulated by the City of Fresno Fire Department, the Fresno County Environmental Health Division, and the Valley Air District. Emergency Response In addition to emergency response to hazardous materials incidents, both the City and the County implement programs to facilitate emergency preparedness for other types of incidents within the Specific Plan Area. Specifically, the City has an Emergency Operations Plan that describes what the City’s actions will be during a response to an emergency. This plan also describes the role of the Emergency Operations Center (EOC) and the coordination that occurs between the EOC, City Departments, and other response agencies. The plan establishes a requirement for the emergency management organization to mitigate any significant emergency disaster affecting the City. The plan also identifies the policies, responsibilities, and procedures required to protect the health and safety of City communities, public and private property, and the environmental effects of natural or technological disasters. In addition, the plan establishes the operation concepts and procedures associated within initial response operations (field response) to emergencies, the extended response operations (City of Fresno EOC Activities), and the recovery process. Furthermore, the plan complies with the State of California Emergency Operations Plan “Cross Walk” checklist for determining whether an emergency plan has addressed critical elements of California’s Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). The County of Fresno has a Multi-Jurisdictional Hazard Mitigation Plan, which is a plan that aims to reduce or eliminate long-term risk to people or property from natural hazards. The plan, which covers all territory within Fresno County’s jurisdictional boundaries, was adopted by the City of Fresno in 2009, and an update was completed in 2018. The plan was prepared pursuant to the requirements of the Disaster Mitigation Act of 2000 so that Fresno County and the jurisdictions within it would be eligible for the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Assistance Grants. Existing Schools The proposed project is located within the Fresno Unified School District (FUSD). Presently, there are a number of schools, universities, and childcare facilities located within the Specific Plan boundary as shown on Exhibit 3. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 110 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Airport Hazards There are three airports located within the City: Fresno Yosemite International Airport, Fresno Chandler Executive Airport, and Sierra Sky Park. None of the airports are located in the Specific Plan Area. Fresno Yosemite International Airport is located approximately 1.34 miles northeast of the Specific Plan Area, along East Clinton Way. The airport is a joint use civilian/military airport. It is used by commercial air carriers, air cargo operators, charter operators, the State of California, general aviation, and the United States Military. The California Air National Guard occupies a 58-acre area adjacent to East McKinley Avenue in the southeast portion of the airport. A helicopter repair and maintenance unit of the Army National Guard, the California Division of Forestry, and a number of corporate aviation businesses occupy facilities north of the runways. About 250 general aviation aircraft are based at Fresno Yosemite International Airport and two Fixed Base Operators (FBOs) offer a wide range of aeronautical services. According to the Fresno Yosemite International Airport Safety Compatibility Zones Map, no portion of the Specific Plan Area is located within the 60 decibel (dB) Community Noise Equivalent Level (CNEL) contour.30 A small northern portion of the Plan Area is located within the Traffic Pattern Zone.31 Wildland Fire Hazard The California Department of Forestry and Fire Protection (CAL FIRE) designates the Specific Plan Area as a Local Responsibility Area (LRA).32 There are no wildlands located within or adjacent to the Specific Plan Area.33 The Specific Plan Area is located within the Central Valley and is relatively flat. The Specific Plan Area is located within a developed area of the City, with current land use designations consisting of mostly of commercial, residential, and public facilities. The Sierra Nevada foothills to the north and east of the City provide the nearest areas where large expanses of undeveloped properties occur. Because of the topography and the distance between the developed portions of the City and undeveloped areas, the primary fire hazard concern within the City consists of the potential for structure fires in developed areas. 30 Fresno Council of Governments (Fresno COG). Airport Land Use Compatibility Plan. Exhibit D2 Future Noise Contours. Fresno Yosemite International Airport. Website: https://www.fresno.gov/darm/wp-content/uploads/sites/10/2020/04/ALUCP-Fresno- Yosemite-International-Airport.pdf. Accessed September 1, 2022. 31 Fresno Council of Governments (Fresno COG). Airport Land Use Compatibility Plan. Exhibit D1- Fresno Yosemite Intl. – Airport Influence Area and Safety Zones. Website: https://www.fresno.gov/darm/wp-content/uploads/sites/10/2020/04/ALUCP-Fresno- Yosemite-International-Airport.pdf. Accessed September 1, 2022. 32 California Department of Forestry and Fire Protection (CAL FIRE). FHSZ Viewer. Website: https://egis.fire.ca.gov/FHSZ/. Accessed September 1, 2022. 33 City of Fresno. 2018. Fresno County Multi-Hazard Mitigation Plan. Figure 4.53 Fresno County’s Wildfire Severity Zones. Website: https://www.co.fresno.ca.us/home/showdocument?id=24743. Accessed September 1, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 111 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less than significant impact. Construction activities associated with future development consistent with the proposed project could include the use of limited quantities of hazardous substances and therefore, could expose people to potentially hazardous materials related to short-term construction impacts and long-term operational impacts. All future development that would be constructed under the Specific Plan that involves routine transport, use, or disposal of hazardous materials will be required to comply with applicable federal, State, and local regulations regarding the transport, use and disposal of hazardous materials. Future development under the proposed project could include the use of small quantities of hazardous materials typical for residential uses, including cleaning solvents, paints, household cleaners, disinfectants, and fertilizers. The use of such substances would occur in compliance with applicable storage, handling, usage, and disposal requirements. The potential risk would be limited to the immediate vicinity of the materials. Furthermore, potential risks involving soil contamination exposure would be minimized by managing old underground storage tanks (USTs), if applicable, according to the Fresno County standards as enforced by the Department of Environmental Health. If groundwater contamination has been identified, remediation activities would be required by the RWQCB, DTSC, or other appropriate regulatory agency prior to the start of any new construction activities. With implementation of the General Plan policies, as well as compliance with applicable federal and State law, project impacts regarding the exposure of hazards to the public or the environment through the routine transport, use, or disposal of hazardous materials will remain less than significant. Therefore, the proposed project would have a less than significant impact. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than significant impact. The proposed project would include minor land use changes and subsequent redevelopment that could potentially create hazards, emit hazardous materials, or develop on hazardous sites. The City of Fresno Fire Department recognizes the potential for a large chemical release to occur which could expose thousands of people to hazardous/toxic vapors. Therefore, the City of Fresno Fire Department Hazardous Materials Response Team has embraced an all-hazards approach to emergency response to ensure that the community receives adequate service to all hazardous materials events. To reduce potential impacts from the accidental release of hazardous materials into the environment within the Specific Plan Area, all future development must comply with General Plan policies and adhere to local programs within the County’s Hazardous Waste Generator Program and Hazardous Materials Incident Response Plan. Evaluation of hazards and hazardous materials would be considered at the time of planning and development for individual sites. Therefore, the proposed project would have a less than significant impact. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 112 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less than significant impact. As discussed previously, the proposed project is located within the FUSD and a number of schools, universities, and childcare facilities are located within the Specific Plan Area. Specifically, there are five elementary schools, two middle schools, one high school and Fresno Pacific University, as well as childcare facilities such as the Boys & Girls Club within the Specific Plan Area. The proposed project would include minor land use changes and subsequent redevelopment that could potentially create hazards, emit hazardous materials, or develop on hazardous sites. Evaluation of hazards and hazardous materials would be considered at the time of planning and development for individual sites. These individual sites may be located within 0.25 mile of an existing or proposed school. However, all generation, transport, and treatment of hazardous materials would be required to comply with applicable federal, State, and local requirements. Additionally, any future projects would be reviewed by the City of Fresno in light of their potential impacts and location in relation to existing and/or proposed schools. All future development would be subject to environmental review to ensure significant impacts are reduced to a less than significant level or are avoided entirely. As such, the proposed project would have a less than significant impact. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Less than significant impact. As previously mentioned, the proposed project would include minor land use changes and subsequent redevelopment that could potentially create hazards, emit hazardous materials, or develop on sites included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Hazardous sites would be identified during subsequent CEQA review of all future discretionary development. Further, before a development would be permitted to occur on such a site, the site would be required to be remediated to address any on-site hazardous materials consistent with the requirements of the DTSC, Fresno County Division of Environmental Health, and/or Regional Water Quality Control Board, to a level that would permit development on-site depending on the site characteristics. Additionally, new development would have to comply with General Plan policies and these policies would require facilities that handle hazardous materials or hazardous wastes to be designed, constructed, and operated in accordance with applicable hazardous materials and waste management laws and regulations. Evaluation of hazards and hazardous materials would be considered at the time of planning and development for individual sites. Therefore, the proposed project would have a less than significant impact. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? Less than significant impact. As previously discussed, there are three public or public use airports located within in the Specific Plan Area: Fresno Yosemite International Airport; Fresno Chandler City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 113 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Executive Airport, and Sierra Sky Park. The Fresno Yosemite International Airport is located approximately 1.34 miles northeast of the Specific Plan Area, and a portion of the Specific Plan Area is located within Traffic Pattern Zone.34 The Fresno County Airport Land Use Compatibility Plan (ALUCP) also establishes the planning boundaries around each of these airport facilities that define safety areas, noise contours, and height/airspace protection for policy implementation. The ALUCP is intended to protect and promote the safety and welfare of residents, businesses, and airport users near the public use airports and Naval Air Station Lemoore in Fresno County. Future development under the proposed project would have to comply with General Plan policies and the Fresno County ALUCP. Therefore, the impacts would be less than significant. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less than significant impact. The City’s Police and Fire Departments are the lead agencies for all local emergency response efforts. The City's full-time Emergency Preparedness Officer (EPO) is responsible for ensuring that Fresno's emergency response plans are up-to-date and implemented properly. The EPO also facilitates cooperation between City departments and other local, State and federal agencies that would be involved in emergency response operations. With adequate services provided by the City’s Police and Fire Departments and implementation of General Plan policies, potential interference with an adopted emergency response plan or emergency evacuation plan would be reduced to a less than significant level. Any future development within the Specific Plan Area of the proposed project would comply with all fire codes and regulations regarding emergency access and evaluation of the impact on adopted emergency response plans would be considered at the time of planning and development for individual sites. Therefore, the proposed project would have a less than significant impact. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Less than significant impact. Although the City is located near high and very high fire hazard designated areas, the City is largely categorized as little or no threat or moderate fire hazard. Some small areas along the San Joaquin River Bluff area in northern Fresno are prone to wildfires due to relatively steep terrain/vegetation. The San Joaquin River is more than 8 miles north of the Specific Plan Area. The Specific Plan Area is designated as an LRA,35 and there are no wildlands located within or adjacent to the Specific Plan Area.36 As previously discussed, because of the topography and the distance between the developed portions of the City and undeveloped areas, the primary fire hazard concern within the City consists of the potential for structure fires in developed areas. Impacts relating to wildfires would be discussed and evaluated during the environmental review process for future site development under the proposed plan. Future development under the proposed project 34 Fresno Council of Governments (Fresno COG). Airport Land Use Compatibility Plan. Exhibit D1- Fresno Yosemite Intl. – Airport Influence Area and Safety Zones. Website: https://www.fresno.gov/darm/wp-content/uploads/sites/10/2020/04/ALUCP-Fresno- Yosemite-International-Airport.pdf. Accessed September 1, 2022. 35 California Department of Forestry and Fire Protection (CAL FIRE). FHSZ Viewer. Website: https://egis.fire.ca.gov/FHSZ/. Accessed September 1, 2022. 36 City of Fresno. 2018. Fresno County Multi-Hazard Mitigation Plan. Figure 4.53 Fresno County’s Wildfire Severity Zones. Website: https://www.co.fresno.ca.us/home/showdocument?id=24743. Accessed September 1, 2022. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 114 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx would comply with General Plan policies and the 2022 CBC; thus, potential significant impacts related to wildland fires would be reduced to a less than significant level. Mitigation Measures None required. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 115 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.10 Hydrology and Water Quality Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: (i) result in substantial erosion or siltation on- or off-site; (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or (iv) impede or redirect flood flows? d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Specific Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 116 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Setting At the federal level, the Clean Water Act (CWA) is the primary federal law that governs and authorizes water quality control. Section 303 of the CWA requires states to adopt water quality standards for all surface waters of the United States. The CWA establishes the NPDES permit program to regulate municipal and industrial discharge, including those from municipal storm sewer systems, which require Municipal Separate Storm Sewer System (MS4) permits. At the State level, the Porter-Cologne Water Quality Control Act oversees California’s water quality control. The act establishes the California State Water Resources Control Board (State Water Board) and the nine regional offices, each having jurisdiction to regulate and protect waters in each region. More importantly, the State Water Board and Regional Water Quality Control Board (RWQCB) issue and enforce waste discharge permits, NPDES permits, and CWA Section 401 quality permits. At the Regional level, the Central Valley RWQCB serves all or part of 38 of the State’s 58 counties, including Fresno County.37 The Specific Plan Area is located within the Upper Dry Subbasin of the Tulare-Buena Vista Lakes Watershed.38 The San Joaquin River and the Kings River are the principal rivers that influence the hydrology in the City, and thus the Plan Area. Three dams control flows on the two rivers. The Friant and Mendota Dams on the San Joaquin River are reservoirs for municipal and agricultural irrigation supply and provide some flood control. The Pine Flat Dam is a flood control dam on the Kings River.39 The Plan Area is within the Fresno Metropolitan Flood Control District’s (FMFCD) urban flood control system consisting of 158 drainage areas, each 1 to 2 square miles in area; all but five of the drainage areas are served by a detention or retention basin.40 Stormwater drainage systems within the Plan Area are constructed and maintained by the FMFCD. The Specific Plan Area is underlain by the Kings Groundwater Subbasin within the San Joaquin Valley Groundwater Basin. The Kings Groundwater basin spans 1,530 square miles and serves Fresno, Kings, and Tulare Counties with groundwater flowing generally to the southwest.41 The City of Fresno is also located within the jurisdiction of the North King Groundwater Sustainability Agency (NKGSA). The Specific Plan Area falls entirely within the service area of the FMFCD,42 which is responsible for developing and implementing the Storm Drain Master Plan for the City. As land is developed, the FMFCD works with developers and the City to implement the storm drainage system to collect and dispose of the increased runoff rates and volumes and prevent them from entering local surface waters. 37 Central Valley Regional Water Quality Control Board (Central Valley RWQCB). Region 5. 2022. About Us. Website: https://www.waterboards.ca.gov/centralvalley/about_us/. Accessed September 5, 2022. 38 United States Geological Survey (USGS). 2022. The National Map – Advanced Viewer. Website: https://apps.nationalmap.gov/viewer/. Accessed September 5, 2022. 39 City of Fresno. 2020. City of Fresno General Plan Program Environmental Impact Report. March. 40 Fresno Metropolitan Flood Control District (FMFCD). 2022. Urban Basins, Sandbags, Dams and Streams. Website: https://www.fresnofloodcontrol.org/urban-basins-sandbags-dams-streams/. Accessed September 5, 2022. 41 California Department of Water Resources (DWR). 2006. California’s Groundwater Bulletin 118. Website: https://water.ca.gov/- /media/DWR-Website/Web-Pages/Programs/Groundwater-Management/Bulletin-118/Files/2003-Basin- Descriptions/5_022_08_KingsSubbasin.pdf. Accessed September 5, 2022. 42 Fresno Metropolitan Flood Control District (FMFCD). 2022. District Service Area. Website: www.fresnofloodcontrol.org/wp- content/uploads/2018/09/district_service_area.pdf. Accessed October 4, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 117 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx FEMA issues Flood Insurance Rate Maps (FIRMs) that identifies land areas that are subject to flooding. The Specific Plan Area is predominantly designated as Flood Zone X, 0.2 percent Annual Chance Flood Hazard, Areas of 1 percent annual change flood with average depth less than one foot or with drainage areas of less than 1 square mile.43 According to the California Governor‘s Office of Emergency Services (Cal/OES) MyHazards website, the Specific Plan Area is located outside of a Tsunami Emergency Response Planning Zone.44 Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? Less than significant impact. Future development under the proposed project would require grading and construction of new structures. Additionally, future development under the proposed project has the potential to increase the amount of paved, impervious surfaces within the Specific Plan Area. However, development proposed in the Specific Plan is less than what was contemplated by the General Plan and is therefore consistent with the stormwater rates and volumes anticipated in the General Plan. Development within the Specific Plan Area would be required to comply with the requirements of all applicable rules and regulations, including the NPDES Construction General Permit, which would reduce the effects of construction and operational activities on water quality. Construction Extensive soil removal during the construction period may cause erosion and temporary impacts to water quality. As previously identified, any new development that would disturb more than 1 acre of soil would be required to obtain the NPDES Construction General Permit, which requires development and implementation of a SWPPP, which would include BMPs to eliminate contact of rainfall and stormwater runoff with sources of pollution. Compliance with this permit would ensure that impacts related to new development under the Specific Plan are less than significant. Operation During operation of any new project within the Specific Plan Area, changes to the amount of stormwater infiltration that occurs on the site would have the potential to affect long-term water quality by increasing the amount of pollutants that are discharged from the site. However, implementation of permanent stormwater quality features as and implementation of post- construction BMPs as required under the NPDES Permit would ensure that no stormwater discharge requirements are violated. Additionally, implementation of General Plan Policies POSS-6-b, PU-5-a through PU-5-c, PU-7-a through PU-7-f, RC-6-e through RC-6-h, NS-3-e, and NS-3-i would reduce long-term project impacts 43 Federal Emergency Management Agency (FEMA). FEMA Flood Map Service Center. Website: https://msc.fema.gov/portal/search?AddressQuery=Fresno%2C%20CA#searchresultsanchor. Accessed September 5, 2022. 44 State of California Governor’s Office of Emergency Services. 2015. MyHazards. Website: https://myhazards.caloes.ca.gov. Accessed September 5, 2022. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 118 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx associated with water quality standards and wastewater discharge requirements to less than significant levels. Future development would be required to prepare, implement, and be consistent with the NPDES Permit, as well as continued implementation of General Plan and Specific Plan policies, which would reduce project operational impacts associated with water quality standards and wastewater discharge requirements to less than significant. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less than significant impact. Implementation of the proposed project would result in the use of less groundwater than anticipated by the General Plan because the Specific Plan would include less development than what was contemplated for the Specific Plan Area by the General Plan. Therefore, the groundwater demand of new development in the Specific Plan Area has been accounted for by the General Plan. As discussed above, the Specific Plan Area is underlain by the Kings Groundwater Subbasin. The City’s water supply is made up of approximately 47 percent groundwater and 53 percent surface sources. The Kings Subbasin has been identified as critically over-drafted basin by the Department of Water Resources (DWR). However, the City has invested in other water supplies such as surface water, recycled water and conservation, and groundwater levels in the Kings Subbasin have begun to recover.45 Groundwater is recharged through natural recharge, subsurface inflow, and intentional recharge. Natural recharge in the City was about 24,970 acre-feet per year (AFY) in 2020. Subsurface inflow into the aquifer below the City was estimated at about 47,510 AFY in 2020. The City has averaged over 60,000 AFY the previous five years with the exception of 2021 and 2022 and plans to gradually increase recharge by about 540 AFY each year. However, during wet years the City will recharge more water when it is available to allow the City to draw on additional groundwater during dry years.46 According to the 2020 Urban Water Management Plan (UWMP), the City has enough projected supply to meet demand in normal years, single dry years, and multiple dry year scenarios. Under single dry year and multiple dry year scenarios groundwater recharge is reduced.47 Thus, assuming all water allocations are available to the City, the available supply of groundwater and surface water would be sufficient. Additionally, the proposed project would implement General Plan Objective RC-6, Policies RC-6-a through RC-6-e and RC-6-I, Objective RC-7, Policies RC- 7-a through RC-7-h, Policy PU-7-d, Policy PU- 7-d, Objective PU-8, and Policies PU-8-a and PU-8-g, which would reduce the potential for groundwater overdraft impacts. 45 City of Fresno. 2021. 2020 Urban Water Management Plan. July. 46 Ibid. 47 Ibid. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 119 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Water demand for the Specific Plan Area is within the projected water demands for General Plan buildout in a normal year and dry year scenarios, and therefore impacts on groundwater supplies would be less than significant. c) Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: (i) result in substantial erosion or siltation on- or off-site; Less than significant impact. As previously discussed, regulatory requirements such as the City’s grading plan check process, the FMFCD Storm Drainage and Flood Control Master Plan, and the NPDES Construction General Permit and the NPDES Construction General Permit would reduce the impacts of construction activities on drainage patterns and erosion.48 Development within the Specific Plan Area would be required to comply with the City’s grading plan check process. The grading plan check process is a review process that requires anyone who develops property to properly grade their property in accordance with the CBC, submit a grading plan showing the proposed grading of the development, obtain approval of the FMFCD indicating conformance of the grading plan with the FMFCD, and obtain coverage under the NPDES Construction General Permit and comply with the requirements of the permit, including developing an erosion control site plan. Therefore, short-term construction impacts associated with grading land or erosion will be less than significant. The proposed project would also implement the approved General Plan Policies POSS-6-b, NS-3-a, NS-3-b, NS-3-d, NS-3-e NS-3-i and Objective NS-3, which would reduce long-term project impacts associated with alteration of grading patterns or creeks or streams and erosion to a less than significant level. General Plan Policy RC-5.2 also requires an erosion and sedimentation control plan and runoff control measures to prevent erosion on construction sites. Therefore, with the implementation of relevant General Plan Policies, and compliance with the NPDES Construction General Permit program and other applicable City, State, and federal regulations regarding construction and grading, the proposed project would have a less than significant impact. (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; Less than significant impact. As previously discussed, future development under the Specific Plan could include ground-disturbing activities, which could change existing surface drainage patterns and increase the potential for flooding, particularly during storm events. Temporary, ground-disturbing construction activities that substantially compact the development site soils could increase runoff volumes that could result in flooding on or off the construction site. 48 City of Fresno Planning and Development Department Building and Safety Services Division. 2021. Grading Plan Process. Website: https://www.fresno.gov/darm/wp-content/uploads/sites/10/2021/09/GRADING_PLAN_REQUIREMENTS_2021.pdf. Accessed July 6, 2022. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 120 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Regulatory mechanisms in place that would reduce the impacts of construction activities on drainage patterns that could result in flooding on or off the construction site include compliance with the City’s grading plan check process, the Storm Drainage and Flood Control Master Plan, and the NPDES Construction General Permit. Discussion of these regulatory processes is included in the previous section’s discussion of erosion and siltation. Compliance with these required regulations would reduce the project construction impacts on drainage patterns and flooding on and off the construction site to less than significant levels. Operationally, future development under the proposed project has the potential to increase the amount of paved, impervious surfaces within the Specific Plan Area. However, development proposed in the Specific Plan is less than what was contemplated by the General Plan and is therefore consistent with the stormwater rates and volumes anticipated in the General Plan. Objective NS-3 and Policies NS-3-a, NS-3-b, NS-3-e, NS-3-h, NS-3-i of the approved General Plan were designed to reduce flooding impacts. Implementation of the grading plan check process, and compliance with General Plan policies would ensure that surface runoff and long-term project flooding impacts associated with alteration of grading patterns are less than significant. (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or Less than significant impact. Continued implementation of the General Plan is projected to increase the impervious surface area within the City and its SOI. The proposed project would redevelop a number of vacant parcels to other uses. While the proposed project has the potential to increase impervious surface and as such, increase the amount of stormwater runoff, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. Therefore, runoff from the proposed project has already been anticipated by the General Plan and would not exceed the capacity of the storm drainage system. Additionally, the proposed project would include storm drain improvements in California Avenue between Cedar and Maple Avenues and the detention basin to the south of the Specific Plan Area. Participation in the NPDES Permit process would reduce impacts to surface waters to acceptable levels, and long-term project impacts to surface or groundwater quality would not exceed acceptable levels. Continued implementation of the approved General Plan policies NS-3-a, NS-3-b, NS-3-e, NS-3-h, NS-3-I and POSS-6-b, along with preparation, implementation, and participation in the NPDES Permit process would reduce project-specific impacts on water quality associated with the significant increase in stormwater runoff. Additionally, Chapter 6, Article 7, Urban Storm Water Quality Management and Discharge Control, of the Fresno Municipal Code establishes provisions regarding stormwater discharges to ensure the health, safety, and general welfare of citizens and protect the water quality of watercourses and water bodies by reducing pollutants in urban stormwater discharges to the maximum extent practicable and by effectively prohibiting non- City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 121 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx stormwater discharges to the storm drain system.49 Because development associated with the proposed project would result in less development within the Specific Plan Area as compared to what was considered in the General Plan, and future development would comply with General Plan policies and the NPDES Permit requirements, the proposed project would have a less than significant impact on stormwater drainage system capacity or stormwater quality. (iv) impede or redirect flood flows? Less than significant impact. Constructing buildings in floodplains puts those structures in danger of repeated flooding. FEMA prepares Flood Insurance Rate Maps (FIRMs) to map flood zones in order to assist communities with floodplain management regulations and flood insurance requirements. FEMA has prepared multiple FIRMs for the City that show floodplain zones throughout Fresno and surrounding areas. According to the FIRMs that include the Specific Plan Area, the Specific Plan Area is not located in an area that has been identified as a 100-year flood zone. Additionally, implementation of the approved General Plan includes Objective NS-3 and Policies NS-3-a, NS-3-b, NS-3-f and NS-3-h through NS-3-m to address potential flood impacts. Compliance with federal, State, and local regulations and requirements to prevent development within the 100-year floodplain would reduce impacts to a less than significant level. Thus, the proposed project would have a less than significant impact on flood flows. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less than significant impact. As discussed above, the Specific Plan Area is not located in a 100-year flood zone and is not within a Tsunami Emergency Response Planning Zone. A seiche is a “standing” wave oscillating in a body of water. This phenomenon occurs in large bodies of water such as bays and lakes. A seiche may occur in any semi- or fully enclosed body of water. They can be caused by strong winds and earthquakes.50 The nearest body of water capable of producing a seiche is Big Dry Creek Dam and Reservoir, over 9 miles northeast of the Specific Plan Area. Implementation of the Specific Plan would not introduce new land uses near the reservoir that could be inundated. Additionally, this is a relatively small reservoir, and it would not be subject to strong oscillations during an earthquake event. Further, the Noise and Safety Element of the approved General Plan includes Objective NS-2 and Policies NS-2-a, NS-2-b, and NS-2-d that would minimize potentially hazardous conditions posed by geologic and soils risks. Therefore, the proposed project would have a less than significant impact with respect to release of pollutants due to project inundation in flood hazard, tsunami, or seiche zones. Impacts would be less than significant. 49 City of Fresno. 2022. Fresno Municipal Code. Chapter 6 Municipal Services and Utilities, Article 7, Urban Storm Water Quality Management and Discharge Control. 50 National Oceanic and Atmospheric Administration (NOAA). 2022. What is a seiche? Website: https://oceanservice.noaa.gov/facts/seiche.html. Accessed September 6, 2022. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 122 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Less than significant impact. As previously discussed, the Specific Plan Area is within the jurisdiction of the NKGSA. In November 2019, the NKGSA adopted the North Kings Groundwater Sustainability Plan (GSP) with the sustainability goal to ensure that by 2040, the Kings Groundwater Subbasin is being managed in a sustainable manner to maintain a reliable water supply by balancing water demand with available water supply. The North Kings GSP determined that the NKGSA will reach sustainability by 2040 if groundwater flows from within the NKGSA to neighboring Groundwater Sustainability Agencies (GSAs) and basins are reduced, and projects are developed to mitigate present and future projected impacts.51 Implementation of the Specific Plan would not conflict with or obstruct implementation of projects and management actions included in the North Kings GSP. Furthermore, development under the proposed project would be required to comply with the NPDES program and other local requirements, ensuring that impacts related to consistency with a water quality control plan or groundwater management plan would be less than significant. Mitigation Measures None required. 51 North Kings Groundwater Sustainability Agency (NKGSA). 2019. Groundwater Sustainability Plan. November 21. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 123 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.11 Land Use and Planning Would the project: a) Physically divide an established community? b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, this Plan proposes changing the land use designation for some of the Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Plan Area. Environmental Setting The overall purpose of the Specific Plan is to refine the vision for the Specific Plan Area established in the General Plan. As previously discussed, the Specific Plan includes proposed land use changes that would reclassify some parcels to match uses currently on the ground that are likely to remain for the foreseeable future. These changes would facilitate revitalization of vacant lands or facilities along the Kings Canyon Corridor, reduce oversized parking lots near the Maple and Butler intersection, and develop publicly controlled underutilized land near the Cedar Avenue and California Avenue intersection. The Specific Plan would also create higher intensity mixed-use infill along priority corridors and at key opportunity sites, strengthen neighborhoods that provide a range of office types, and include office, clean tech, and other non-nuisance employment generating uses that provide a buffer between industrial neighborhoods. The Specific Plan Area sits on 2,200 acres of land. While the proposed project increases the amount of land designated for Residential – Medium Density, Residential – Medium High Density, Employment – Office, and Public Facility, development consistent with the proposed project would reduce the total amount of the development in the Specific Plan Area compared to what was contemplated by the General Plan. Would the project: Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 124 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx a) Physically divide an established community? Less than significant impact. The physical division of an established community typically refers to the construction of a linear feature, such as an interstate highway or railroad tracks, or removal of a means of access, such as a local bridge that would impact mobility within an existing community or between a community and outlying area. The Specific Plan does not contemplate or authorize any such physical changes to an established community. As discussed in Section 1, Project Description, the proposed project increases the amount of land designated for medium density residential, office uses, and public facilities and reduces the amount of land designated for commercial and industrial uses as well as vacant land. The Specific Plan does not propose or approve specific development; rather, the Specific Plan provides a framework for the cohesive development of the Specific Plan Area. In addition, the Specific Plan includes general goals and policies which will regulate future development. Implementation of the proposed project would allow for planned development and growth while promoting the emergence of new communities. The proposed project would not alter development patterns or activities and would not include the addition of new roadways, which precludes the possibility of dividing an established community. Therefore, the project would not physically divide an established community and impacts would be less than significant. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less than significant impact. A significant impact would occur if the project would conflict with various federal, State, and local plans, policies, and regulations. While the proposed project increases the amount of land designated for Residential – Medium Density, Residential – Medium High Density, Employment – Office and Public Facility, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. The proposed project would be consistent with the General Plan; therefore, it would be consistent with various federal, State, and local plans, policies, and regulations. Therefore, potential conflicts with land use plans, policies, and regulations would be less than significant. Mitigation Measures None required. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 125 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.12 Mineral Resources Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, this Plan proposes changing the land use designation for some of the Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Setting The Surface Mining and Reclamation Act of 1975 (SMARA) is the primary California law concerning mineral resources, including sand, gravel, and building stone which are important for commercial purposes. Because of the economic importance of mineral resources, SMARA limits new development in areas with significant mineral deposits. SMARA also requires State Geologists to classify specified areas into Mineral Resource Zones (MRZs). According to the General Plan, most areas outside of the San Joaquin and Kings River Resource Areas have been designated as MRZ-3 by the California Department of Conservation Division of Mines and Geology (CDMG). The Specific Plan Area is located in an area designated as MRZ-3.52 The MRZ-3 designation represents areas that may contain, but are not proven to contain, economically recoverable mineral resources. The Specific Plan Area is not designated as an area of significant mineral deposits, but it is approximately 8.19 miles southeast of MRZ-1 and MRZ-2 areas located along the San Joaquin River Corridor containing known mineral occurrences of undetermined mineral resource significance.53 The MRZ-1 designation represents an area where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. The MRZ-2 designation represents areas where adequate information indicates that significant mineral deposits are present, or where it is judged that a high liklihood exists for their presence. There are no mineral resource 52 Fresno County. 2000. Fresno County General Plan, Figure 7-9 Generalized Mineral Resource Zone Classification Website: https://www.co.fresno.ca.us/home/showpublisheddocument/8398/636379166183770000. Accessed October 4, 2022. 53 Fresno County. 2000. Fresno County General Plan, Figure 7-10 Mineral Resource Zone Designated Lan Along San Joaquin River. Website: https://www.co.fresno.ca.us/home/showpublisheddocument/8398/636379166183770000. Accessed October 4, 2022. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 126 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx recovery sites within the Specific Plan Area, which is located to the east and southeast of Downtown Fresno, and is surrounded by urbanized areas as well as unincorporated County agricultural lands to the east. According to the General Plan PEIR, the Kings River area is another area rich with mineral deposits and that is currently being used for mining operations and mineral extraction, with lands in the area primarily classified as MRZ-2. The Kings River is approximately 11.30 miles east of the Specific Plan Area. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? Less than significant impact. As described above, the Specific Plan Area is not designated as an area of significant mineral deposits, indicating that no significant mineral resources are present. While areas to the north and east of the Specific Plan Area are classified as MRZ-2 (where known mineral occurrences of undetermined mineral resource significance are present), the Specific Plan Area is already developed and surrounded by urban and agricultural land use so future mineral deposit designations would not affect development. Therefore, development of the proposed project would not result in the loss of availability of known mineral resources and impacts would be less than significant. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Less than significant impact. The Plan Area is on developed land to the east and southeast of Downtown Fresno and as described above, there are no mineral resource recovery sites within the Specific Plan Area. The Specific Plan Area is not designated as an area of significant mineral deposition and is already developed and surrounded by urban and agricultural land uses, so future mineral deposit designations would not affect development. Additionally, as described above, areas to the north and east of the Specific Plan Area are designated MRZ-2 and are located along the San Joaquin River and Kings River. Any future development within the Specific Plan Area would comply with General Plan objectives and policies, including Objective RC-10 which aims to conserve aggregate mineral resources identified by the Division of Mines and Geology. Furthermore, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. Therefore, implementation of the proposed plan would not result in the loss of availability of a locally important mineral resource recovery site, and impacts would be less than significant. Mitigation Measures None required. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 127 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.13 Noise Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive groundborne vibration or groundborne noise levels? c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Setting Noise is defined as unwanted sound. Sound levels are usually measured and expressed in decibels (dB), with 0 dB corresponding roughly to the threshold of hearing. Most of the sounds that we hear in the environment do not consist of a single frequency, but rather a broad band of frequencies, with each frequency differing in sound level. The intensities of each frequency add together to generate a sound. Noise is typically generated by transportation, specific land uses, and ongoing human activity. The standard unit of measurement of the loudness of sound is the dB. The 0 point on the dB scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Changes of 3 dB or less are only perceptible in laboratory environments. A change of 3 dB is the lowest change that can be perceptible to the human ear in outdoor environments, while a change of 5 dBA is considered to be the minimum readily perceptible change to the human ear in outdoor environments. Since the human ear is not equally sensitive to sound at all frequencies, the dBA was derived to relate noise to the sensitivity of humans, as it gives greater weight to the frequencies of sound to Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 128 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx which the human ear is most sensitive. The A-weighted sound level is the basis for a number of various sound level metrics, including the L dn and the CNEL, both of which represent how humans are more sensitive to sound at night. In addition, the L eq is the average sound energy of time-varying noise over a sample period and the L max is the maximum instantaneous noise level occurring over a sample period. Regulatory Framework Fresno General Plan The following are the General Plan noise policies applicable to the proposed project: Policy NS–1–a Desirable and Generally Acceptable Exterior Noise Environment. Establish 65 dBA L dn or CNEL as the standard for the desirable maximum average exterior noise levels for defined usable exterior areas of residential and noise-sensitive uses for noise but designate 60 dBA L dn or CNEL (measured at the property line) for noise generated by stationary sources impinging upon residential and noise-sensitive uses. Maintain 65 dBA L dn or CNEL as the maximum average exterior noise levels for non-sensitive commercial land uses and maintain 70 dBA L dn or CNEL as maximum average exterior noise level for industrial land uses, both to be measured at the property line of parcels where noise is generated which may impinge on neighboring properties. Policy NS–1–b Conditionally Acceptable Exterior Noise Exposure Range. Establish the conditionally acceptable noise exposure level range for residential and other noise-sensitive uses to be 65 dBA L dn or require appropriate noise reducing mitigation measures as determined by a site-specific acoustical analysis to comply with the desirable and conditionally acceptable exterior noise level and the required interior noise level standards set in Table 9–2 [Table X1]. Policy NS–1–c Generally Unacceptable Exterior Noise Exposure Range. Establish the exterior noise exposure of greater than 65 dBA L dn or CNEL to be generally unacceptable for residential and other noise-sensitive uses for noise generated by sources in Policy NS–1–a, and study alternative less noise-sensitive uses for these areas if otherwise appropriate. Require appropriate noise reducing mitigation measures as determined by a site-specific acoustical analysis to comply with the generally desirable or generally acceptable exterior noise level and the required 45 dBA interior noise level standards set in Table 9–2 [Table X1] as conditions of permit approval. Policy NS–1–f Performance Standards. Implement performance standards for noise reduction for new residential and noise-sensitive uses exposed to exterior community noise levels from transportation sources above 65 dBA L dn or CNEL, as shown on Figure NS–3: Future Noise Contours, or as identified by a project-specific acoustical analysis based on the target acceptable noise levels set in Table 9–2 [Table X1] and Policies NS–1–a through NS–1–c. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 129 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Policy NS–1–I Mitigation by New Development. Require an acoustic analysis where new development of industrial, commercial or other noise generating land uses (including transportation facilities such as roadways, railroads, and airports) may result in noise levels that exceed the noise level exposure criteria established by Tables 9–2 and 9–3 [Table 11 and Table 12] to determine impacts, and require developers to mitigate these impacts in conformance with Tables 9–2 and 9–3 [Table 11 and Table 12] as a condition of permit approval through appropriate means. Noise mitigation measures may include: • The screening of noise sources such as parking and loading facilities, outdoor activities, and mechanical equipment. • Providing increased setbacks for noise sources from adjacent dwellings. • Installation of walls and landscaping that serve as noise buffers. • Installation of soundproofing materials and double–glazed windows. • Regulating operations, such as hours of operation, including deliveries and trash pickup. • Alternative acoustical designs that achieve the prescribed noise level reduction may be approved by the City, provided a qualified Acoustical Consultant submits information demonstrating that the alternative designs will achieve and maintain the specific targets for outdoor activity areas and interior spaces. As a last resort, developers may propose to construct noise walls along roadways when compatible with aesthetic concerns and neighborhood character. This would be a developer responsibility, with no City funding. Policy NS–1–j Significance Threshold. Establish, as a threshold of significance for the City's environmental review process, that a significant increase in ambient noise levels is assumed if the project would increase noise levels in the immediate vicinity by 3 dBA L dn or CNEL or more above the ambient noise limits established in this General Plan Update. Policy NS–1–o Sound Wall Guidelines. Acoustical studies and noise mitigation measures for projects shall specify the heights, materials, and design for sound walls and other noise barriers. Aesthetic considerations shall also be addressed in these studies and mitigation measures such as variable noise barrier heights, a combination of a landscaped berm with wall, and reduced barrier height in combination with increased distance or elevation differences between noise source and noise receptor, with a maximum allowable height of 15 feet. The City will develop guidelines for aesthetic design measures of sound walls, and may commission area wide noise mitigation studies that can serve as templates for acoustical treatment that can be applied to similar situations in the urban area. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 130 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Table 11: Transportation (Non–Aircraft) Noise Source Noise-Sensitive Land Use1 Outdoor Activity Areas2 CNEL/L dn dB Interior Spaces CNEL/L dn dB CNEL/L dn dB3 Residential 65 45 — Transient Lodging 65 45 — Hospitals, Nursing Homes 65 45 — Theaters, Auditoriums, Music Halls — — 35 Churches, Meeting Halls 65 — 45 Office Buildings — — 45 Schools, Libraries, Museums — — 45 Notes: CNEL = Community Noise Equivalent Level dB = decibel L dn = day/night average sound level 1 Where the location of outdoor activity areas is unknown or is not applicable, the exterior noise level standard shall be applied to the property line of the receiving land use. 2 As determined for a typical worst–case hour during periods of use. 3 As determined for a typical worst–case hour during periods of use. Source: Fresno General Plan, Noise and Safety Element. 2014. Table 12: Stationary Noise Sources Category Daytime (7:00 a.m. to 10:00 p.m.) Nighttime (10:00 p.m. to 7:00 a.m.) Hourly Equivalent Sound Level (L eq ), dB 50 45 Maximum Sound Level (L max ), dB 70 65 Notes: dB = decibel L dn = day/night average sound level L max = maximum noise/sound level 1 The Department of Development and Resource Management Director, on a case-by-case basis, may designate land uses other than those shown in this table to be noise-sensitive and may require appropriate noise mitigation measures. 2 As determined at outdoor activity areas. Where the location of outdoor activity areas is unknown or not applicable, the noise exposure standard shall be applied at the property line of the receiving land use. When ambient noise levels exceed or equal the levels in this table, mitigation shall only be required to limit noise to the ambient plus 5 dB. Source: Fresno General Plan Noise and Safety Element. 2014. City of Fresno Municipal Code Chapter 10, Article 1 (Noise Regulations), of the Fresno Municipal Code establishes excessive noise guidelines and exemptions. The following portions of the Municipal Code are applicable to the proposed project: City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 131 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx SEC. 10–102: Definitions (b) Ambient Noise. “Ambient noise” is the all–encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of 15 minutes, without inclusion of the offending noise, at the location and time of day at which a comparison with the offending noise is to be made as shown on Table 7 [Table 13]. Where the ambient noise level is less than that designated in this section, however, the noise level specified herein shall be deemed to be the ambient noise level for that location. Table 13: Ambient Noise Levels District Time Sound Level Decibels Residential 10:00 p.m. to 7:00 a.m. 50 Residential 7:00 p.m. to 10:00 p.m. 55 Residential 7:00 a.m. to 7:00 p.m. 60 Commercial 10:00 p.m. to 7:00 a.m. 60 Commercial 7:00 a.m. to 10:00 p.m. 65 Industrial anytime 70 Chapter 15, Article 25 (Performance Standards), of the Fresno Municipal Code establishes noise and vibration performance standards. The following portions of the Municipal Code are applicable to the proposed project: SEC. 15–2506 Noise The provisions of this section apply to noise sources resulting from and relating to new development or the expansion of a use or activity. Section 15–2506 establishes noise exposure thresholds from transportation–related noise sources for new noise- sensitive land use development. The maximum allowable exterior noise level for noise-sensitive land uses is 65 dBA L dn /CNEL, and the maximum allowable interior noise level for noise-sensitive land uses is 45 dBA L eq . Section 15–2506 also establishes land use compatibility standards for new development proposed near transportation noise sources. For example, environments with traffic noise levels ranging up to 65 dBA L dn /CNEL are considered satisfactory for new residential or similar noise-sensitive land use development and may be permitted without requiring noise attenuation. Environments with traffic noise levels between 65 dBA and 70 dBA CNEL would require analysis and integration of noise reduction measures in the project design. Environments with traffic noise levels between 70 dBA and 75 dBA CNEL would require a site-specific Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 132 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx acoustical study and implementation of noise attenuation measures. Environments with traffic noise levels above 75 dBA CNEL are not acceptable for new residential or similar noise-sensitive development. Section 15–2506 further establishes noise performance standards for stationary noise sources. The daytime noise performance standards are 50 dBA L eq (hourly) and 70 dBA L max ; and the nighttime standards are 45 dBA L eq (hourly) and 60 dBA L max . SEC. 15–2507 Vibration No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than significant with mitigation incorporated. The analysis below discusses both potential construction and operational noise impacts. Temporary Construction Noise Impacts A significant impact would occur if project-related, noise producing construction activities result in a substantial temporary increase in ambient noise levels in excess of the established standards. The City’s Noise Ordinance identifies that construction, repair, or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical, or other construction permit issued by the City or other governmental agency, or by site preparation and grading, are exempt from the noise performance standards of the Noise Ordinance provided such work takes place between the hours of 7:00 a.m. and 10:00 p.m. on any day except Sunday. Development that could occur from implementation of the Specific Plan is expected to result in construction activities within the Planning Area. Noise impacts from construction activities would be a function of the noise generated by construction equipment, equipment location, sensitivity of nearby land uses, and the timing and duration of the construction activities. For future development projects, temporary short-term noise impacts are related to noise generated during site preparation, grading, and construction activities. Construction is performed in discrete steps, each of which has its own mix of equipment and, consequently, its own noise characteristics. These various sequential phases would change the character of the noise generated on-site. Thus, the noise levels vary as construction progresses. Despite the variety in the types and sizes of construction equipment, similarities in the dominant noise sources and patterns of operation allow construction noise ranges to be categorized by work phase. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 133 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx The site preparation phase, which includes excavation and grading activities, generates the highest noise levels because the noisiest construction equipment is earthmoving equipment. Earthmoving equipment includes excavating machinery and compacting equipment, such as bulldozers, draglines, backhoes, front loaders, roller compactors, scrapers, and graders. Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full power operation followed by 3 or 4 minutes at lower power settings. Development projects that could occur with implementation of the of the Specific Plan would be expected to require the use of some of the loudest pieces of construction equipment. For example, the maximum noise level generated by bulldozers would generate 85 dBA L max at 25 feet, the maximum noise level generated by graders is approximately 85 dBA L max at 25 feet, and large vibratory rollers produce noise levels of up to 85 dBA L max at 25 feet. Each doubling of sound sources with equal strength increases the noise level by 3 dBA. Assuming that each piece of construction equipment operates at some distance from the other equipment, a reasonable worst–case combined noise level during this phase of construction would be 90 dBA L max at a distance of 50 feet from the acoustical center of a construction area. This would result in a reasonable worst–case hourly average of 86 dBA L eq . The acoustical center reference is used because construction equipment must operate at some distance from one another on a project site and the combined noise level as measured at a point equidistant from multiple sources operating simultaneously would represent the worst–case noise levels. There are no site-specific development plans; however, project development in the Plan Area could result in the potential for relatively high single event construction noise resulting in temporary substantial increases in ambient noise levels in the vicinity of an active construction site, potentially resulting in exceedance of the City’s established construction noise standards. As noted previously, the City’s Noise Ordinance identifies that construction, repair, or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical, or other construction permit issued by the City or other governmental agency, or to site preparation and grading, are exempt from the noise performance standards of the Noise Ordinance provided such work takes place between the hours of 7:00 a.m. and 10:00 p.m. on any day except Sunday. Therefore, mitigation is required to reduce this potential impact. Restrictions on permissible hours of construction and requirements to prepare a construction noise mitigation plan that includes implementation of best management noise reduction measures, would ensure that potential temporary construction noise impacts would comply with the City’s construction noise standards and these temporary construction noise impacts would be reduced to less than significant. Therefore, implementation of project-specific MM NOI–3 and MM NOI–4, would ensure that temporary construction noise impacts would be reduced to less than significant. Operational Mobile Source Noise Impacts A significant impact would occur if project–generated traffic would result in a substantial increase in ambient noise levels compared with those that would exist without the proposed project. The City does not define “substantial increase” or specific thresholds related to mobile source noise impacts; therefore, for purposes of this analysis, a substantial increase is based on the following criteria. A Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 134 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx characteristic of noise is that audible increases in noise levels generally refer to a change of 3 dBA or more as this level has been found to be barely perceptible to the human ear in outdoor environments. A change of 5 dBA is considered the minimum readily perceptible change to the human ear in outdoor environments. Therefore, for purposes of this analysis, a significant impact would occur if the proposed project would cause the CNEL to increase by any of the following: • 5 dBA or more even if the CNEL would remain below normally acceptable levels for a receiving land use. • 3 dBA or more, thereby causing the CNEL to exceed normally acceptable levels for a receiving land use. A characteristic of noise is that a doubling of sound sources with equal strength is required to result in a perceptible increase (defined to be a 3 dBA or greater) in noise levels. As is identified in the Final Traffic Study (see Appendix B) prepared by Stantec for this project, the Specific Plan would not result in any changes to the roadway segment peak-hour levels of service identified in the General Plan PEIR. In addition, the anticipated trip generation with implementation of the Specific Plan would result in a reduction of 8,102 total average daily trips compared to the trips that would be generated with development anticipated under the General Plan. Development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. Therefore, implementation of the Specific Plan would not result in any increase in traffic noise levels compared to the traffic noise levels that will occur with the level of development anticipated under the General Plan. Therefore, project-related traffic noise impacts on off-site receptors would be less than significant. Operational Stationary Source Noise Impacts A significant impact would occur if operational noise levels generated by stationary noise sources associated with development projects within the Plan Area would exceed the noise performance standards of Section 15–2506 of the Municipal Code. Development projects that could occur with implementation of the Specific Plan would include new stationary noise sources. These stationary noise sources could involve a wide spectrum of uses and activities, including various industrial uses, commercial operations, agricultural production, school playgrounds, high school football games and marching bands, HVAC units, generators, lawn maintenance equipment, and swimming pool pumps. These would be potential point sources of noise that could affect noise-sensitive receptors in the Specific Plan Area. Typical maximum noise levels from truck loading and unloading activity are 65 dBA to 75 dBA L max as measured at 50 feet. These maximum noise levels include noise from associated truck loading/unloading activities, including maneuvering, trailer loading and unloading, backup alarms or beepers, and docking noise. Parking activities including vehicles cruising at slow speeds, doors shutting, or cars starting, would generate noise levels of approximately 60 dBA to 70 dBA L max at 50 feet. Current market-available residential mechanical ventilation equipment has rated operational noise levels up to 70 dBA L eq at a distance of 3 feet. Current market-available commercial grade City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 135 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx mechanical ventilation equipment is rated as having operational noise levels up to 80 dBA L eq at 3 feet from the operating equipment. These stationary source operational noise levels could exceed the City’s noise performance thresholds if they were to occur in areas adjacent to sensitive receptor land uses. Therefore, mitigation would be required to reduce this potential impact. Operational activity noise levels can be mitigated either at the source or at the receiving land use using setbacks, soundwalls, acoustic–rated windows, or by siting loading/parking areas on sides of buildings opposite sensitive receptors (using buildings as shielding). For example, at a distance of 300 feet, unobstructed truck loading activity noise levels would attenuate to below 60 dBA L max , while properly sited structural shielding (building or sound wall) can provide 15 dBA or greater additional noise reduction. Therefore, implementation of project-specific MM NOI–5, which requires preparation of a stationary source noise reduction plan to identify appropriate design measures, where required, would ensure stationary source operational noise impacts generated by future development projects would be reduced to less than significant. b) Generation of excessive groundborne vibration or groundborne noise levels? Less than significant impact with mitigation incorporated. This section analyzes both construction and operational groundborne vibration impacts. The City prohibits groundborne vibration that is discernible without the aid of instruments by a reasonable person at the lot lines of the site; however, vibrations from temporary construction activities are exempt from this standard. Therefore, for purposes of this analysis, the Federal Transit Administration (FTA ) vibration impact criteria are utilized to analyze construction vibration impacts. The FTA has established industry accepted standards for vibration impact criteria and impact assessment. These guidelines are published in its Transit Noise and Vibration Impact Assessment Manual. A significant impact would occur if existing structures at the project site or in the project vicinity would be exposed to groundborne vibration levels in excess of levels established by the FTA’s Construction Vibration Impact Criteria. Development of the Specific Plan would require the use of construction equipment which are vibration generators. Short-term Construction Vibration Impacts to Off-site Receptors Construction activity can result in varying degrees of ground vibration, depending on the equipment used on the site. Operation of construction equipment causes ground vibrations that spread through the ground and diminish in strength with distance. Buildings in the vicinity of a construction site respond to these vibrations with varying results ranging from no perceptible effects at the low levels to slight damage at the highest levels. Of the variety of equipment used during construction, impact pile drivers that could be used in the site preparation phase of construction would produce the greatest groundborne vibration levels. Impact pile drivers produce groundborne vibration levels ranging up to 0.644 inch per second (in/sec) peak particle velocity (PPV) at 25 feet from the operating equipment. The heaviest type of Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 136 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx mobile equipment that would produce the highest vibration levels would be a large vibratory roller producing groundborne vibration levels ranging up to 0.201 in/sec PPV as measured at 25 feet. However, all projects constructed within the Plan Area would implement General Plan PEIR MM NOI- 2, which prohibits the use of heavy construction equipment within 25 feet of existing structures. Furthermore, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. Therefore, implementation of MM NOI-2 of would ensure that construction vibration impacts generated by future development projects would be reduced to a less than significant impact. Operational Vibration Impacts Based on the proposed types of land uses of the Specific Plan, future related development projects are not anticipated to include any permanent sources of vibration that would expose persons in the project vicinity to excessive groundborne vibration levels, and development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. In addition, there are no existing significant permanent sources of groundborne vibration located within the Specific Plan development area to which future development projects would be exposed. Therefore, project operational groundborne vibration level impacts would be considered less than significant. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The Fresno Yosemite International Airport is located approximately 1.34 miles northeast of the Plan Area. At this distance, the entire Plan Area is located outside of the airport’s 65 dBA CNEL noise contours. Therefore, implementation of the project would not expose persons residing or working in the Plan Area to noise levels from airport activity that would be in excess of normally acceptable standards. Therefore, no impact would occur. Mitigation Measures The following General Plan PEIR mitigation measure applies to the proposed project: MM NOI–2 Construction Vibration. The use of heavy construction equipment within 25 feet of existing structures shall be prohibited. The following project-specific mitigation measures apply to the proposed project: MM NOI–3 Construction Activity Hours. Construction activity which requires a permit issued by the City of Fresno shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and Saturdays. Any construction activity outside of these hours must comply with the City’s noise performance standards of Section 15.2506 of the Municipal Code. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 137 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx MM NOI–4 Construction Noise Analysis. Prior to the issuance of demolition, grading, and/or construction permits, applicants for individual development projects within 500 feet of noise-sensitive receptors (e.g., residences, hospitals, schools) shall conduct a project-level construction noise analysis to evaluate potential impacts on sensitive receptors. The analysis shall be conducted once the final construction equipment list that will be used for demolition and grading activities is determined. The project- level noise analysis shall be prepared, reviewed, and approved by the City of Fresno Community Development Director. If the analysis determines that demolition and construction activities would result in an impact to identified noise-sensitive receptors, then specific measures to attenuate the noise impact shall be outlined in the analysis and reviewed and approved by the City of Fresno Community Development Director. Specific measures may include, but are not limited to, the following Best Management Practices: • Post a construction site notice near the construction site access point or in an area that is clearly visible to the public. The notice shall include the following: job site address; permit number, name, and phone number of the contractor and owner; dates and duration of construction activities; construction hours allowed; and the City of Fresno Community Development Director and construction contractor phone numbers where noise complaints can be reported and logged. • Consider the installation of temporary sound barriers for construction activities immediately adjacent to occupied noise-sensitive structures. • Restrict haul routes and construction-related traffic to the least noise-sensitive times of the day. • Reduce non–essential idling of construction equipment to no more than 5 minutes. • Ensure that all construction equipment is monitored and properly maintained in accordance with the manufacturer’s recommendations to minimize noise. • Fit all construction equipment with properly operating mufflers, air intake silencers, and engine shrouds, no less effective than as originally equipped by the manufacturer, to minimize noise emissions. • If construction equipment is equipped with back–up alarm shut offs, switch off back–up alarms and replace with human spotters, as feasible. • Stationary equipment (such as generators and air compressors) and equipment maintenance and staging areas shall be located as far from existing noise-sensitive land uses, as feasible. • To the extent feasible, use acoustic enclosures, shields, or shrouds for stationary equipment such as compressors and pumps. • Shut off generators when generators are not needed. • Coordinate deliveries to reduce the potential of trucks waiting to unload and idling for long periods of time. • Grade surface irregularities on construction sites to prevent potholes from causing vehicular noise. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 138 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx • Minimize the use of impact devices such as jackhammers, pavement breakers, and hoe rams. Where possible, use concrete crushers or pavement saws rather than hoe rams for tasks such as concrete or asphalt demolition and removal. • The final noise-reduction measures to be implemented and their associated details shall be determined by the construction–level noise analysis. The final noise-reduction measures shall be included on all construction and building documents and/or construction management plans and submitted for verification to the City; implemented by the construction contractor through the duration of the construction phase; and discussed at the pre-demolition, -grade, and/or – construction meetings. MM NOI–5 Operational Stationary Noise Source Impacts. Prior to issuance of building permits, the property owner/developer shall be responsible to implement the following measures to limit operational stationary noise source impacts: • Any proposed development projects that include unshielded parking areas within 175 feet, or unshielded truck loading docks within 300 feet, or unshielded mechanical ventilation equipment systems within 35 feet of a noise-sensitive receptor, shall demonstrate compliance with Municipal Code Section 15–2506 by submitting a site-specific acoustic study. These reports shall demonstrate that the proposed project incorporates sufficient noise attenuation features, if needed, to meet the City of Fresno’s exterior/interior noise performance standards. The individual project owner/developer shall submit the acoustic study to the Planning Director for review and approval. Upon approval by the City, the proposed acoustical design features shall be incorporated into the proposed development. Noise reduction design features may include, but are not limited to, locating stationary noise sources on the site to be shielded by structures (buildings, enclosures, or sound walls) or by using equipment that has a quieter rating. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 139 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.14 Population and Housing Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, this Plan proposes changing the land use designation for some of the Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Setting The City experienced significant growth from 2000 to 2010, adding 6,700 residents per year, a population increase of 16 percent.54 According to the California Department of Finance, the City of Fresno had a population of 1,008,654 as of April 1, 2020.55 The Fresno General Plan projects that the City of Fresno will add 76,000 housing units for a total of 267,000 units and an additional 226,000 residents by buildout in 2035.56 The General Plan includes a range of policies designated to accommodate this future growth, including policies to enhance the character of neighborhoods and districts and provide a diversity of districts, neighborhoods, and housing types to meet the affordable housing needs of Fresno’s communities. General Plan Goals UF-1-d and UF-1-e emphasize the opportunity for a diversity of districts, neighborhoods, and housing types. The City has also made significant efforts to support housing needs for low-income residents. General Plan Objective H-2 commits the City to assist in the 54 City of Fresno. 2014. Fresno General Plan, Introduction, page 1-23. Website: https://www.fresno.gov/darm/wp- content/uploads/sites/10/2019/07/ConsolidatedGP6182020.pdf. Accessed September 13, 2022. 55 California Department of Finance. 2020. Report E-5, Population and Housing Estimates for Cities, Counties, and the State. Website: https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing-estimates-for-cities-counties-and-the-state- 2020-2022/. Accessed September 13, 2022. 56 City of Fresno. 2014. Fresno General Plan, Introduction, page 1-23. Website: https://www.fresno.gov/darm/wp- content/uploads/sites/10/2019/07/ConsolidatedGP6182020.pdf. Accessed September 13, 2022. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 140 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx development of adequate housing to meet the needs of extremely low-, very low-, low-, and moderate-income households. Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less than significant impact. Presently, the Specific Plan Area includes approximately 30,624 people, which is approximately 5.4 percent of the City’s total population, and approximately 9,150 homes, which is approximately 4.7 percent of the City’s housing units. At buildout of the proposed project, the Specific Plan Area could include up to approximately 18,849 homes; however, this number represents the maximum number of dwelling units permitted in the Plan Area. The actual number of dwelling units at buildout would likely be less. Given the City’s average household size of approximately 3.04 persons per household,57 the Specific Plan Area is anticipated to have up to approximately 57,300 residents at buildout. Conservatively, the proposed project could increase the number of dwelling units in the Specific Plan Area by approximately 9,699 and increase the number of residents by approximately 26,676 people. As previously discussed, the growth generated by the Specific Plan was anticipated by the General Plan. At its buildout, the General Plan anticipated that it would add 76,000 housing units for a total of 267,000 units and an additional 226,000 residents. The growth projected for the Specific Plan Area is within planned growth for the City. Furthermore, it is important to note that development consistent with the proposed project would reduce the total amount of the development in the Specific Plan Area compared to what was contemplated by the General Plan. Additionally, the proposed project does not propose any extension of roads or major infrastructure projects that would indirectly create unplanned growth. Thus, impacts would be less than signifcant. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Less than significant impact. As discussed above, the proposed project would increase the number of homes in the Specific Plan Area by up to 9,699 dwelling units and increase the number of residents by approximately 26,676 people. Additionally, the proposed project would create a more diverse range of housing in the Specific Plan Area. Therefore, it would not result in the displacement of substantial numbers of existing people or housing. Moreover, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. As a result, the construction of replacement housing would not be necessary due to the development of a net increase of new housing units and potential impacts would be reduced to a less than significant level. 57 United States Census Bureau. 2020. QuickFacts: Fresno City, California. Website: https://www.census.gov/quickfacts/fresnocitycalifornia. Accessed October 4, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 141 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Mitigation Measures None required. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 142 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.15 Public Services Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? b) Police protection? c) Schools? d) Parks? e) Other public facilities? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, this Plan proposes changing the land use designation for some of the Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Plan Area. Environmental Setting The City provides public facilities and services to its residents that will support existing and future development. Public services include fire and police protection, education, parks and recreation, and other public facilities such as libraries. Fire Protection The Fresno Fire Department (FFD) provides the following services within the city limits: fire prevention, fire suppression, hazardous material mitigation, rescue, and emergency medical services. The FFD serves a population of more than 540,000 in the City, and the Fig Garden Fire Protection District (over 128 square miles) with 21 fire stations, including the Airport Rescue Fire Fighting (ARFF) station. The FFD staffs 27 fire companies, consisting of 19 engines, five ladder trucks, and three squads.58 There is one FFD station within the Plan Area located at 1428 South Cedar.59 58 City of Fresno. 2022. Fire Suppression. Website: https://www.fresno.gov/fire/fire-suppression/. Accessed September 1, 2022. 59 City of Fresno. 2022. Station Address. Website: https://www.fresno.gov/fire/wp- content/uploads/sites/6/2016/09/StationLocations-1170x905.jpg. Accessed September 1, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 143 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Station 8 houses an engine company and is the home of the FFD Communications Team. Station 8’s first-in district covers the Fresno Fairgrounds and Fresno Pacific University.60 Police Protection The Fresno Police Department (FPD) provides the City with police protection services, including uniformed patrol response to both emergency and non-emergency calls for service, crime prevention, pro-active tactical crime enforcement, and investigation of crimes utilizing District Detectives.61 The FPD operates out of five policing districts: Northeast, Northwest, Central, Southwest, and Southeast. The Specific Plan Area falls entirely within the Southeast Policing District. The Southeast Policing District is located south of Ashlan Avenue (east of Clovis Avenue), south of Clinton Avenue between East Avenue and Clovis Avenue, east of SR99 (south of Church Avenue) to the southern City limit.62 In addition to the Fresno Police Headquarters, located at 2323 Mariposa Mall, the FPD operates five police stations within the City:63 • Southwest: 1211 Fresno Street, Fresno, CA 93706 • Southeast: 1617 South Cedar Avenue, Fresno, CA 93702 • Northeast: 1450 East Teague Avenue, Fresno, CA 93720 • Northwest: 3781 North Hughes Avenue, Fresno, CA 93705 • Central: 3502 North Blackstone, Suite 201, Fresno, CA 93726 Schools The Specific Plan Area falls entirely within FUSD.64 The FUSD serves more than 74,000 students and operates 64 elementary schools, 15 middle schools, eight high schools, four alternative schools, and three special education schools.65 The FUSD has a maximum enrollment capacity of 78,648 students while FUSD (charter) has a maximum enrollment of 2,247 students. Between 2019 and 2020, FUSD had a total enrollment of 73,381.66 Eight FUSD schools are located within the Specific Plan Area, which include two middle schools, five elementary schools, and one high school.67 The Specific Plan Area also contains Fresno Pacific University and three community facilities offering childcare. Parks and Other Public Facilities The City provides residents with several types of parks and facilities. Park types in the General Plan are classified as follows: pocket park, neighborhood park, community park, regional park, and trail/greenway/parkway.68 The General Plan states that the City’s parkland standard is 3 acres per 60 City of Fresno. 2022. Fire Department Station Locations. Website: https://www.fresno.gov/fire/station-locations/. Accessed September 1, 2022. 61 City of Fresno General Plan, 2014. Chapter 6: Public Utilities and Services. December. 62 City of Fresno. 2022. Policing District Locator. Website: https://www.fresno.gov/police/policing-district-locator/. Accessed September 1, 2022. 63 Ibid. 64 City of Fresno General Plan, 2014. Chapter 5: Parks, Open Space, and Schools. Figure POSS-3: Schools and School Districts. December. 65 Fresno Unified School District (FUSD). 2022. History of Fresno Unified. Website: https://www.fresnounified.org/history/. Accessed September 1, 2022. 66 California Department of Education. 2021. California Longitudinal Pupil Achievement Data System – Fresno Unified. Website: https://www.cde.ca.gov/ds/ad/enrolldowndata.asp. Accessed October 27, 2021. 67 Fresno Unified School District (FUSD). 2022. School Locator. Website: https://apps.fresnounified.org/schoollocator. Accessed September 1, 2022. 68 City of Fresno General Plan, 2014. Chapter 5: Parks, Open Space, and Schools. December. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 144 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx 1,000 residents for Pocket, Neighborhood, and Community parks. There are currently 50.8 acres of parkland within the Plan Area, with a ratio of 1.68 acres of park per 1,000 residents, above the current City average of 1.06 (pocket, neighborhood, and community parks) but below the General Plan goal of 3 acres per 1,000 residents.69 A majority of the Specific Plan Area is within walking distance (0.5 mile) of a park or open space, with the exception of the neighborhoods around the western and southeastern boundary of the Specific Plan Area. 70 Additional recreational facilities can be found at many of the 12 schools located within the Specific Plan Area. The City’s park and recreation facilities are maintained by the Parks, After School, Recreation, and Community Services (PARCS ).71The Mosqueda Community Center is located within the Plan Area at 4670 East Butler Avenue.72 The City is served by the Fresno County Library system. The Fresno County Library system is part of the San Joaquin Valley Library System (SJVLS), a cooperative network of 10 public library jurisdictions in the counties of Fresno, Kern, Kings, Madera, Mariposa, Merced and Tulare.73 Fresno County Public Library provides collections and services through its Central Resource Library and 34 branches. The Mosqueda Branch Library is within the Specific Plan Area, and the Sunnyside Regional Library is approximately 0.95 mile to the east.74 Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? Less than significant impact. The proposed project would be located east and southeast of Downtown Fresno, which is served by the FFD. As discussed above, the Specific Plan Area includes one fire station. Location of fire stations will become more dependent on density and availability rather than “running distances” between fire stations. Because implementation of the proposed project would result in an increased demand for fire protection services, fire stations will require commensurate increases in firefighter staffing and facilities and equipment. However, this increase in demand can be met with additional staffing requirements at the existing fire stations that serve the Specific Plan Area. It would not result in the need to construct additional government facilities. Moreover, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. 69 City of Fresno. 2021. Public Draft Central Southeast Area Specific Plan. April. 70 City of Fresno. 2021. Public Draft Central Southeast Area Specific Plan Figure 5-1 Park Facilities within a Half Mile Radius. April. 71 City of Fresno. 2022. Parks, After School, Recreation and Community Services. Website: https://www.fresno.gov/parks/. Accessed September 1, 2022. 72 City of Fresno. 2022. Parks, Trails and Facilities. Visiting Our Parks. Website: https://www.fresno.gov/parks/parks-trails- facilities/#tab-1. Accessed September 2, 2022. 73 Fresno County Public Library. 2022. About the Library. Website: https://fresnolibrary.org/about/index.html. Accessed September 2, 2022. 74 Fresno County Library. 2022. Map of Fresno County and Branches. Website: https://fresnolibrary.org/branch/county.html. Accessed September 2, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 145 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Additionally, development projects within the Specific Plan Area would be required to comply with the Municipal Code, which requires each development to pay a Fire Facilities Fee in order to mitigate the impacts on fire protection facilities caused by future development in the City. Payment of the appropriate development impact fees would offset the construction and acquisition costs of required fire facility improvements. Therefore, because development associated with the proposed project would amount to less development than was considered by the General Plan and because any future development under the proposed project would undergo individual environmental review, as well as pay the appropriate development impact fees, the proposed project would have a less than significant impact associated with the provision of fire protection services. b) Police protection? Less than significant impact. As detailed above, the proposed project area is served by FPD. The Specific Plan Area falls entirely within the Southeast Policing District with one police station located within the Specific Plan Area at 1617 South Cedar Avenue. The City uses a minimum level of service of 1.5 officers per 1,000 residents. As growth occurs with the Specific Plan Area, FPD may require additional personnel and additional facilities to provide adequate police protection services. Development projects within the Specific Plan Area would be subject to the Municipal Code, which requires each development to pay a Police Facilities Fee in order to mitigate the impacts on police protection services caused by future development within the City. Payment of the appropriate development impact fees would offset the construction and acquisition costs of required police facility improvements. Lastly, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. Therefore, because development associated with the proposed project would amount to less development than was considered by the General Plan and because any future development under the proposed project would undergo individual environmental review, as well as pay the appropriate development impact fees, the proposed project would have a less than significant impact associated with the provision of police protection services. c) Schools? Less than significant impact. As discussed above, the proposed project is located entirely within the FUSD. Based on the existing capacities of FUSD, including the charter schools and the projected additional dwelling units from the proposed project, students generated by the project would not exceed FUSD’s maximum enrollment capacity. As of 2022, the FUSD projects that approximately 300 single-family-units and 800 multiple-family units will be constructed in the district in the next five years. FUSD has a student generation rate of 0.625 students per single-family unit, and 0.405 students per multiple-family unit. Therefore, the FUSD projects enrollment of an additional 511.5 students over the next five years.75 Implementation of the proposed project would result in 75 Fresno Unified School District (FUSD). 2022. Development Fee Justification Study. Website: https://facilities.fresnounified.org/wp- content/uploads/FUSD-Fee-Study-2022.pdf. Accessed October 3, 2022. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 146 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx additional residential development. This would generate additional students who would attend schools within the FUSD. However, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. Furthermore, all development would be subject to State-mandated development fees in compliance with SB 50 requirements. Section 12-805, Dedication and Fees, of the Municipal Code allows for school districts within the City to negotiate school impact fees with developers per square footage for residential units in order to fund school improvements. As such, future projects under the proposed project would be required to comply with the provision of school developer fees for new or altered facilities, and new or expanded school facilities would be funded by fees collected by future development projects. Additional school resources would also continue to be funded by an increase in tax revenue as a result of future population growth. In addition, future school facilities would be required to undergo individual environmental review in accordance with CEQA. Therefore, impacts of the proposed project-related to student generation and the potential need for additional school facilities would be less than significant. d) Parks? Less than significant impact. Implementation of the proposed project would result in the redevelopment and development of residential, office, mixed-use and other land uses and would potentially increase the City’s residential population. This projected growth in the Specific Plan Area would result in an increased demand for parks and recreational facilities. The Parks Master Plan was updated in 2017 pursuant to General Plan Parks, Open Space and Schools element policy POSS-1-b. The Fresno General Plan states that the City’s parkland standard is 3 acres per 1,000 residents for Pocket, Neighborhood, and Community parks, with an aspirational goal of 5 acres per 1,000 residents for all parks throughout the City, if additional funding for regional parks and trails is identified. There are currently 50.8 acres of parkland within the Specific Plan Area, with a ratio of 1.68 acres of park per 1,000 residents, above the current City average of 1.06 (pocket, neighborhood, and community parks) but below the General Plan goal of 3 acres per 1,000 residents. A majority of the Specific Plan Area is within walking distance (0.5 mile) of a park or open space with the exception of the neighborhoods around the western and southeastern boundary of the Plan. Parks are distributed throughout the Specific Plan Area in the form of two community parks (Calwa and Mosqueda), and several smaller neighborhood parks nestled among low-density residential areas. The proposed project would include improvements to existing parks as well as conceptual locations for new parks, open spaces, and/or recreational facilities. Future development in the Specific Plan Area would be subject to Specific Plan Goal P-1.1, which promotes an increase in the amount of parkland in the Specific Plan Area to ensure all residents are within a 5-minute walk of a park or open space. Additionally, future development projects within the Specific Plan Area would be required to comply with the Municipal Code, which requires each development to pay a Park Facilities Fee in order to mitigate the impacts on park facilities caused by future development in the City. Payment of the appropriate development impact fees would offset the construction and acquisition costs of City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 147 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx required park facility improvements. However, the provision of new or physically altered park facilities proposed under the Plan could result in adverse environmental impacts. The construction or expansion of park facilities would be required to undergo environmental review to meet the requirements of CEQA. Therefore, because development associated with the proposed project would amount to less development than was considered by the General Plan and because any future development under the proposed project would undergo individual environmental review, as well as pay the appropriate development impact fees, the impacts associated with the proposed project would be considered less than significant. e) Other public facilities? Less than significant impact. As discussed above, the Specific Plan Area is currently served by a number of park and recreation facilities, as well as the Mosqueda Community Center and the Mosqueda Branch Library. Implementation of the proposed project would result in the redevelopment and development of residential, office, industrial, mixed-use and other land uses, and would potentially increase the City’s residential population. However, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. In order to meet the increased demand for neighborhood and regional parks and other recreational facilities, the proposed project includes several goals to improve and provide parks, open space, and recreational facilities as well as improve connectivity between residential areas and local and regional destinations such as schools and community centers. This includes Specific Plan Policy P-1.1 which proposes to build new parks, open spaces, and recreational facilities, prioritizing underserved areas, and Policy P-2.1 which aims to renovate and upgrade existing park facilities to support the recreational, physical, and social needs of residents. However, future development would be subject to General Plan policies and the Municipal Code, and all future development would be subject to CEQA environmental review. Therefore, the proposed project would have a less than significant impact. Mitigation Measures None required. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 148 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.16 Recreation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Environmental Evaluation Introduction As noted in the proposed Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, this Plan proposes changing the land use designation for some of the Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Setting As previously discussed, the City provides residents with several types of parks and facilities. Park types in the General Plan are classified as follows: pocket park, neighborhood park, community park, regional park, and trail/greenway/parkway.76 The General Plan states that the City’s parkland standard is 3 acres per 1,000 residents for Pocket, Neighborhood, and Community parks, with an aspirational goal of 5 acres per 1,000 residents for all parks throughout the City, if additional funding for regional parks and trails is identified. The Specific Plan Area currently has 50.8 acres of parkland, with a ratio of 1.68 acres of park per 1,000 residents, above the current City average of 1.06 (pocket, neighborhood, and community parks) but below the General Plan goal of 3 acres per 1,000 residents.77 A majority of the Specific Plan Area is within walking distance (0.5 mile) of a park or open space, with the exception of the neighborhoods around the western and southeastern boundary of the Plan Area.78 Additional recreational facilities can be found at many of the 12 schools located within the Plan Area. The City’s park and recreation facilities are maintained by the PARCS Department.79 76 City of Fresno General Plan, 2014. Chapter 5: Parks, Open Space, and Schools. December. 77 City of Fresno. 2021. Public Draft Central Southeast Area Specific Plan. April. 78 City of Fresno. 2021. Public Draft Central Southeast Area Specific Plan Figure 5-1 Park Facilities within a Half Mile Radius. April. 79 City of Fresno. 2022. Parks, After School, Recreation and Community Services. Website: https://www.fresno.gov/parks/. Accessed September 1, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 149 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than significant impact. Development under the proposed project would result in additional residential and nonresidential development throughout the Specific Plan Area which would result in population growth. The projected growth would result in an increased demand for parks and recreational facilities. However, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. As previously discussed, the proposed project would include improvements to existing parks as well as conceptual locations for new parks, open spaces, and/or recreational facilities. Future development in the Specific Plan Area would be subject to Specific Plan Goal P-1.1, which promotes an increase in the amount of parkland in the Specific Plan Area to ensure all residents are within a 5- minute walk of a park or open space. Specific Plan Policy P-1.1 recommends that the proposed project develop approximately 40 additional acres of parkland and open space to the meet the City’s ratio. Future individual development projects within the Specific Plan Area would be required to comply with Sections 12-4.701 through 12-4.706 of the Fresno Municipal Code, which requires each development to pay a Park Facilities Fee in order to mitigate the impacts on park facilities caused by future development in the City. Therefore, the proposed project would have a less than significant impact on existing recreational facilities. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Less than significant impact. Development under the proposed project would result in additional residential and nonresidential development throughout the Specific Plan Area. However, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. Future development under the proposed project would include additional parks and recreational facilities. As previously discussed, Specific Plan Policy P-1.1 proposes to build new parks, open spaces, and recreational facilities, prioritizing underserved areas while Policy P-2.1 aims to renovate and upgrade existing park facilities to support the recreational, physical, and social needs of residents. As previously discussed, development under the proposed project would be required to comply with City of Fresno General Plan objectives and policies related to parks. Future specific development projects within the Plan Area will be assessed on an individual basis to determine their impact with respect to recreational facilities. Therefore, the proposed project would have a less than significant impact with respect to the construction or expansion of recreational facilities. Mitigation Measures None required. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 150 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.17 Transportation Would the project: a) Conflict with a program plan, ordinance or policy of the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? Environmental Evaluation Introduction As noted in the Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, the Specific Plan proposes changing the land use designation for some of the Specific Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Setting The following analysis is based on the VMT Analysis Memorandum dated August 16, 2022, prepared by LSA and included in Appendix H. Changes to the CEQA Guidelines were adopted in December 2018 to implement SB 743. Guideline 15064.3, which describes criteria for evaluating a project ’s transportation impacts, provides that VMT is generally “the most appropriate measure of transportation impacts,” and that except for roadway capacity projects, a project ’s effect on traffic delays “shall not constitute a significant environmental impact.” These provisions went into effect July 1, 2020. While Guideline 15064.3 governs a lead agency’s assessment of traffic impacts under CEQA, it does not preclude a discussion of Level of Service (LOS) for informational purposes or other traffic analysis based on general plan or zoning standards, or on other agency policies. Therefore, while this Draft IS/Subsequent MND does not include an analysis of LOS, Appendix H does provide this analysis for information purposes only. Pursuant to CEQA Guideline 15064.3, the City can use this analysis to evaluate traffic impacts in support of General Plan consistency, apart from CEQA. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 151 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Street Network The Specific Plan Area encompasses approximately 14 city blocks in the southeast portion of the City. The Specific Plan Area is bordered by Belmont Avenue to the north, East Avenue to the west, Church Avenue to the south, and Peach Avenue to the east. East Kings Canyon Road, Butler Avenue, and Church Avenue are arterial roads running east–west through the Specific Plan Area. Cedar Avenue, Maple Avenue, and Chestnut Avenue are arterial roads running north and south through the Plan Area. Bicycle Facilities As described in the Specific Plan, the Specific Plan Area has a very limited bicycle and trail network and one of the lowest bike ridership rates as well as some of the highest concentration areas for bicycle and vehicle collisions in the City. The Specific Plan Area has two continuous bike lanes along Kings Canyon Road, which connects to Downtown, and along Chestnut Avenue, but they do not provide any buffer from fast-moving vehicular traffic. Trails, or Class I bike paths, are multiuse pathways separated from vehicle traffic and shared between bicyclists and pedestrians. Currently, there is one trail segment in the northern part of the Specific Plan Area along McKenzie Avenue between Willow and Clovis Avenues. Bicycle facilities consist of the following four classifications: • Bike Paths (Class I) are often referred to as shared-use paths or trails, or multiuse paths, which are off-street facilities that provide exclusive use for non-motorized travel, including bicyclists and pedestrians. Class I facilities are typically 10- to 12-foot-wide concrete/asphalt paved surfaces with 2-foot-wide shoulders. Bike paths have minimal cross flow with motorists and are typically located along landscaped corridors. Bike paths can be utilized for both recreational and commute trips. These paths provide an important recreational amenity for bicyclists, pedestrians, dog walkers, runners, skaters, and all residents using other non- motorized forms of travel. • Bike Lanes (Class II) are designated on-street facilities that use striping, stencils, and signage to denote preferential or exclusive use by bicyclists. On-street bikes lanes are typically 5 feet wide and are adjacent to motor vehicle traffic. Bike lanes are intended to alert drivers about the predictable movements of bicyclists and provide adequate space for comfortable bicycle riding. Current City standards require Class II bike lanes on all new Collectors and Arterials; many existing Collectors are already constructed with Class II bike lanes. • Bike Routes (Class III) are on-street pavement markings or signage that connect the bicycle roadway network. Class III bike routes can be utilized to connect bicycle lanes or paths along corridors that do not provide enough space for dedicated lanes on low-speed and low-volume streets. • Separated Bikeways (Class IV) are designated on-street bicycle facilities separated by a physical boundary such as a vertical curb, a painted buffer with flexible posts, parked cars, a landscape area, or a fixed barrier. Separate Bikeways (Class IV), also called cycle tracks, are typically 7 feet wide with 3-foot-wide shoulders and can include one-way or two-way lanes, Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 152 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx accommodating a single direction of travel or both. Cycle tracks can be utilized along streets with high vehicular volumes and speeds and located in areas with fewer driveways. Pedestrian Network The pedestrian network in the Specific Plan Area currently has long block lengths, wide streets, unmarked and unsignalized intersections, and few street trees. While most streets have sidewalks, there are gaps in the sidewalk network in the areas near the northern and southern limits of the Specific Plan Area. Transit Facilities Fresno Area Express (FAX) provides transit service in the Specific Plan Area, as well as adjacent communities in the City of Fresno. FAX operates 18 bus routes throughout the City, with six routes serving the Specific Plan Area (Routes 1, 22, 26, 33, 38, and 41). Routes 1 and 38 operate at 10- and 15-minute peak period frequencies respectively, with the rest operating at 30-minute frequencies on weekdays and reduced frequencies on weekends. Local Regulations City of Fresno Active Transportation Plan. The City’s Active Transportation Plan (ATP), adopted in March 2017, provides a comprehensive guide outlining the vision for active transportation in Fresno. This plan lays out specific goals to improve bicycle and pedestrian access and connectivity in Fresno. These goals include the following: • Equitably improve the safety and perceived safety of walking and bicycling in Fresno; • Increase walking and bicycling trips in Fresno by creating user-friendly facilities; • Improve the geographical equity of access to walking and bicycling facilities in Fresno; and • Fill key gaps in Fresno’s walking and bicycling networks. General Plan Policy MT-1-g: Complete Streets Concept Implementation. Provide transportation facilities based upon a Complete Streets concept that facilitates the balanced use of all viable travel modes (pedestrians, bicyclists, motor vehicle and transit users), meeting the transportation needs of all ages, income groups, and abilities and providing mobility for a variety of trip purposes, while also supporting other City goals. General Plan Policy MT-2-l: Region-Wide Transportation Impact Fees. Continue to support the implementation of metropolitan-wide and region-wide transportation impact fees sufficient to cover the proportional share of a development ’s impacts and need for a comprehensive multimodal transportation system that is not funded by other sources. General Plan Policy MT-4-c: Bikeway Linkages. Provide linkages between bikeways, trails and paths, and other regional networks such as the San Joaquin River Trail and adjacent jurisdiction bicycle systems wherever possible. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 153 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx General Plan Policy MT-4-d: Prioritization of Bikeway Improvements. Prioritize bikeway components that link existing separated sections of the system, or that are likely to serve the highest concentration of existing or potential cyclists, particularly in those neighborhoods with low vehicle ownership rates, or that are likely to serve destination areas with the highest demand such as schools, shopping areas, recreational and park areas, and employment centers. General Plan Policy MT-5-a: Sidewalk Development. Pursue funding and implement standards for development of sidewalks on public streets, with priority given to meeting the needs of persons with physical and vision limitations; providing safe routes to school; completing pedestrian improvements in established neighborhoods with lower vehicle ownership rates; or providing pedestrian access to public transportation routes. General Plan Policy MT-5-b: Sidewalk Requirements. Assure adequate access for pedestrians and people with disabilities in new residential developments per adopted City policies, consistent with the California Building Code and the Americans with Disabilities Act. General Plan Policy MT-5-d: Pedestrian Safety. Minimize vehicular and pedestrian conflicts on both major and non-roadways through implementation of traffic access design and control standards addressing street intersections, median island openings and access driveways to facilitate accessibility while reducing congestion and increasing safety. Increase safety and accessibility for pedestrians with vision disabilities through the installation of Accessible Pedestrian Signals at signalized intersections. Would the project: a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less than significant impact. This section assesses whether the proposed project would be consistent with applicable regional and local transportation programs, plans, ordinances, and policies that were summarized above. The proposed project would not conflict with the City’s adopted ATP. Transit Facilities The proposed project includes strategies to improve multimodal connections to local transit stops in and around the Specific Plan Area, as well as street design recommendations to encourage increased transit ridership. For example, Exhibit 8 illustrates the existing transit network in the Specific Plan Area. Specific Plan Policy T-6.1 supports pedestrian and bicycle improvements that would increase access to transit stops. Policy T-6.2 encourages protected, well-lit, and attractive bus stops and amenities along bus routes. Therefore, the proposed project would comply with General Plan Policy MT-1-g, described above, and impacts to transit facilities would be less than significant. THIS PAGE INTENTIONALLY LEFT BLANK 50000002 • 10/2022 |8_transit_network.cdr CITY OF FRESNO FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN SUBSEQUENT MITIGATED NEGATIVE DECLARATION Exhibit 8 Existing and Proposed Transit Network Source: Fresno Central Southeast Specific Plan. I THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 157 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Bicycle Facilities Exhibit 9 illustrates the existing and proposed bicycle network. As depicted, the Specific Plan proposes Class I through Class IV bicycle facilities along several streets within the Plan Area. This would be consistent with General Plan Policies MT-4-c and MT-4-d and therefore, impacts to bicycle facilities would be less than significant. Pedestrian Facilities As described above, the pedestrian network in the Specific Plan Area is currently insufficient. The Specific Plan proposes Policy T-3.1 to implement traffic calming measures around parks and schools and Policy T-3.2 to install crossing enhancements at priority intersections. Policy T-4.1 requires the City to identify gaps and build sidewalks to complete the pedestrian network and Policy T-4.2 requires the City to prioritize street furnishings and other pedestrian amenities along key corridors to create a better pedestrian experience. Exhibit 10 illustrates the proposed pedestrian network and identifies several intersections as priorities for improvements. It also illustrates proposed sidewalks where they are currently missing. These pedestrian improvements would be consistent with General Plan Policies MT-5-a, MT-5-b, and MT-5-d, described above. Therefore, impacts to pedestrian facilities would be less than significant. Because site-specific designs for transit, bicycle and pedestrian facilities have not been developed, there are no specific details to review and assess impacts on pedestrian, bicycle, and transit facilities. As part of the standard development review process, the City will require all future proposed development of parcels to go through a review of pedestrian, bicycle, and transit facilities in the area surrounding the individual development project to ensure that future developments do not conflict with existing or planned facilities supporting those travel modes. All pedestrian, bicycle, and transit facilities proposed would be designed using the appropriate design standards. Furthermore, per General Plan Policy MT-2-l, developers of future projects in the Plan Area would be required to pay proportional share impact fees to fund a comprehensive multimodal transportation system. The impact on these facilities would be less than significant. b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? Less than significant impact. The primary components of Section 15064.3 include: • Identifies VMT (amount and distance of automobile traffic attributable to a project) as the most appropriate measure of transportation impacts; • Declares that a project’s effect on automobile delay shall not constitute a significant environmental impact (except for projects increasing roadway capacity); • Creates a rebuttable presumption of no significant transportation impacts for (a) land use projects within 0.5 mile of either an existing major transit stop or a stop along an existing high quality transit corridor, (b) land use projects that reduce VMT below existing conditions, and (c) transportation projects that reduce or have no impact on VMT; THIS PAGE INTENTIONALLY LEFT BLANK 50000002 • 10/2022 |9_bicycle_network.cdr CITY OF FRESNO FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN SUBSEQUENT MITIGATED NEGATIVE DECLARATION Exhibit 9 Proposed Bicycle Network Source: Fresno Central Southeast Specific Plan. I THIS PAGE INTENTIONALLY LEFT BLANK 50000002 • 10/2022 |10_pedestrian_network.cdr CITY OF FRESNO FRESNO CENTRAL SOUTHEAST SPECIFIC PLAN SUBSEQUENT MITIGATED NEGATIVE DECLARATION Exhibit 10 Proposed Pedestrian Network Source: Fresno Central Southeast Specific Plan. I THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 163 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx • Allows a lead agency to qualitatively evaluate VMT if existing models are not available; and • Gives lead agencies discretion to select a methodology to evaluate a proposed project’s VMT but requires lead agencies to document that methodology in the environmental document prepared for the proposed project (Governor ’s Office of Planning and Research [OPR’s] technical advisory provides recommendation on preferable methodology). The Vehicle Miles Traveled Analysis Memorandum prepared by LSA analyzes VMT resulting from the proposed project using the criteria set forth in the City’s CEQA Guidelines for VMT Thresholds.80 The City’s VMT guidelines require that, for land use plans, the project’s VMT per capita and VMT per employee under forecast/cumulative scenario be compared to the corresponding base year VMT per capita/employee to determine whether the project would have a significant VMT impact. The City’s threshold for a significant VMT impact is 14.0 VMT per capita and 22.3 VMT per employee. The estimated VMT for 2035 including the entire Plan Area and regional VMT Metrics without implementation of the proposed project would be 9.2 VMT per capita and 20.7 VMT per employee. The estimated VMT for 2035 including the entire Specific Plan Area and Regional VMT Metrics with implementation of the proposed project would be 8.7 VMT per capita and 20.4 VMT per employee. The VMT for the proposed project with implementation would be below the City’s significance thresholds and would be less than the no-project scenario. Additionally, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. Therefore, impacts would be less than significant. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than significant impact. The proposed project does not approve or entitle any specific development and specific project design is unknown at this time. Development consistent with the proposed project would undergo individual design review at the time of application and additional project-specific environmental review may be required. It is not anticipated that development would substantially increase hazards due to a geometric design feature or incompatible uses because the City would require design review of proposed future developments for consistency with applicable regulations and General Plan policies that are designed to ensure safety. This would eliminate any such hazards. The impacts would be less than significant. d) Result in inadequate emergency access? Less than significant impact with mitigation incorporated. The proposed project may require temporary lane closures or detours during construction activity of future development projects. However, all lane closures or detours would be coordinated with the sheriff and fire departments to ensure that access to existing businesses and through circulation are maintained as well as emergency access. The construction contractor would provide signage, cones, and/or flag persons as deemed necessary through a project-specific Construction Management Plan (CMP) to ensure 80 City of Fresno. June 2020. CEQA Guidelines for Vehicle Miles Traveled Thresholds. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 164 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx adequate emergency access. All development will be required to prepare a CMP to demonstrate to the City and the associated sheriff and fire departments that emergency access would be maintained at all times during construction. Preparation of a CMP is incorporated as project-specific MM TRANS- 1. Furthermore, operation of future development projects resulting from implementation of the Specific Plan could result in an increased amount of vehicle traffic, which could impact emergency access. However, the City would require review of proposed future developments for consistency with applicable regulations that secure adequate emergency access. Moreover, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. Therefore, impacts would be less than significant. Mitigation Measures The following project-specific mitigation measure applies to the proposed project. MM TRANS-1 At the time of planning application submittal, the project applicant shall prepare a Construction Management Plan (CMP) that will specify traffic controls required to maintain adequate circulation and access throughout the Central Southeast (CSE) Specific Plan Area. At least one lane shall remain open in each direction during construction and access to all existing businesses shall be maintained. This plan shall be subject to approval by the jurisdictional police and fire departments prior to commencement of construction. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 165 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.18 Utilities and Service Systems Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, State, and local management and reduction statutes and regulations related to solid waste? Environmental Evaluation Introduction As noted in the Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, this Plan proposes changing the land use designation for some of the Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Setting The City provides residents with potable water, sewage collection and treatment, and solid waste pickup while the FMFCD provides storm drainage and flood control. The City’s Department of Public Utilities—Water Division manages and operates the City’s water system and delivers drinking water to approximately 500,000 urban residential, commercial, and industrial customers in over 114 Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 166 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx square miles of the City as well as many County islands within the City’s SOI.81 The City relies on groundwater from the North Kings Subbasin, surface water and recycled water. Water production in the City has consisted of 100 percent groundwater prior to the commissioning of the City’s first Surface Water Treatment Facility (SWTF) in 2004. Since 2004, the City has invested in expanding its surface water treatment capabilities and now has three SWTFs that provide approximately half of all potable water demands in the service area.82. Recyc led water is not yet utilized in the Specific Plan Area but is planned and will be provided by the City. The City of Fresno’s Wastewater Management Division (WMD) provides wastewater collection, conveyance, treatment, and reclamation services for residential, commercial, and industrial sewer customers in the Fresno-Clovis metropolitan area. The wastewater collection system consists of approximately 1,600 miles of pipes which convey over 60 million gallons of wastewater per day. Almost all wastewater generated in the metropolitan area travels to the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF).83 The RWRF includes preliminary, primary, secondary, and tertiary treatment units with disinfection with a permitted treatment capacity of 91.5 million gallons per day to secondary standards and 5 million gallons per day to tertiary standards.84,85 As discussed previously in Section 2.10, Hydrology and Water Quality, the FMFCD has primary responsibilities for managing local stormwater runoff in the Fresno metropolitan area and the Plan Area. Most stormwater in the City drains to urban stormwater basins, where the water is retained to attenuate peak flow runoff and recharge stormwater or is pumped to local irrigation canals for conveyance away from the municipal areas. Stormwater capture and infiltration are considered an integral component of natural groundwater recharge.86 The City’s Solid Waste Management Division is responsible for the collection of residential solid waste, recyclables, green waste, and Operation Clean Up for approximately 116,000 residential customers. The City had also granted exclusive franchise agreements for the collection of large multi- family developments, commercial and industrial solid waste, recyclables, and green waste to two franchise haulers: Allied Waste Services (formerly Republic Services), which is responsible for servicing the northern portion of the City, and Mid Valley Disposal, which is responsible for the southern portion of the City.87 Ashlan Avenue is the dividing line between the two service areas; therefore, the Specific Plan Area is located fully within the Mid Valley Disposal service area.88 Garbage disposed of in the City is taken to Cedar Avenue Recycling and Transfer Station (CARTS). Once trash has been off-loaded at the transfer station, it is sorted and non-recyclable solid waste is loaded onto large trucks and taken to the American Avenue Landfill, which has been operated by the County since 1993. It is estimated that the landfill will be able to continue operation until 2031 when 81 City of Fresno. 2022. About DPU. Website: https://www.fresno.gov/publicutilities/about-dpu/. Accessed September 6, 2022. 82 City of Fresno. 2021. 2020 Urban Water Management Plan. July. 83 City of Fresno. 2022. Sewer and Wastewater. Website: https://www.fresno.gov/publicutilities/sewer-wastewater/. Accessed September 6, 2022. 84 City of Fresno. 2021. 2020 Urban Water Management Plan. July. 85 City of Fresno. 2022. Sewer and Wastewater. Website: https://www.fresno.gov/publicutilities/sewer-wastewater/. Accessed September 6, 2022. 86 City of Fresno. 2021. 2020 Urban Water Management Plan. July. 87 City of Fresno. 2020. City of Fresno General Plan Program Environmental Impact Report. Accessed December, 2022. 88 City of Fresno. 2022. Department of Public Utilities, Trash Disposal & Recycling, Multi-Family & Commercial Services. Website: https://www.fresno.gov/publicutilities/trash-disposal-recycling/multi-family-commercial-services/. Accessed December 19, 2022. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 167 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx it expected to reach capacity and close.89 The American Avenue Landfill has a permitted capacity of 36,700,000 cubic yards and a max permitted throughput of 2,200 tons per day.90 The City receives its natural gas and electricity from PG&E. PG&E owns and maintains gas and electrical service and transmission lines, as well as several electrical substations, within the General Plan Planning Area. Telecommunication services are provided by multiple providers, with AT&T being the largest provider of cellular and fixed telephone services.91 Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less than significant impact. According to the Specific Plan, utility providers currently serving existing needs in the Specific Plan Area have plans in place to serve future needs in accordance with the General Plan. Future projects facilitated by the proposed project will be evaluated for project- specific impacts to utilities and service systems at the time they are proposed. Moreover, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan; therefore, creating less demand on utilities and services than was previously anticipated. Therefore, the proposed project would have a less than significant impact with respect to the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities. The need for new or expanded water, wastewater, storm drainage, electricity, gas and telecommunication facilities are addressed below. Water The City’s 2020 UWMP provides potable and non-potable water demand projections through 2045 for normal water use. The demand for potable water is projected to be 167,947 AFY in 2045, while demand for non-potable water, which would be used for groundwater recharge, is projected to be 73,500 AFY. This represents a total demand of 241,447 AFY. The 2020 UWMP projects a “reasonably available volume” of 357,330 AFY in 2045, exceeding the projected demand.92 Because the proposed project contains less development than anticipated in the General Plan, the proposed project would not require the construction of additional water facilities. The impact of future development on potable water infrastructure would be assessed on an individual basis for specific projects. 89 City of Fresno. 2022. Solid Waste Facilities. Website: https://www.fresno.gov/publicutilities/trash-disposal-recycling/solid-waste- facilities/#tab-2. Accessed September 6, 2022. 90 California Department of Resources Recycling and Recovery (Cal Recycle). 2019. SWIS Facility/Site Activity Details. Website: https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/4535?siteID=352. Accessed September 6, 2022. 91 City of Fresno. 2020. City of Fresno General Plan Program Environmental Impact Report. March. 92 City of Fresno. 2021. 2020 Urban Water Management Plan. July. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 168 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Wastewater As discussed above, the City’s WMD provides wastewater collection and treatment services to the City, including the Specific Plan Area. The WMD manages and maintains approximately 1,600 miles of gravity sewer lines up to 84-inches in diameter, 15 active lift stations, and associated force mains. Nearly all of the wastewater generated within the sewer service area is conveyed to the City’s RWRF for treatment. The City’s 2015 Wastewater Collection System Master Plan (CSMP) Update identified 2015 wastewater flows and projected wastewater flows at General Plan buildout. In general, wastewater consists of Base Wastewater Flow (BWF) and Wet Weather Flow (WWF). BWF is flow generated by routine water usage in the residential, commercial, business and industrial sectors of the collection system. WWF includes stormwater inflow, trench infiltration, and wet weather ground water infiltration. Peak Wet Weather Flow (PWWF) is the highest observed hourly flow that occurs following the design storm event. The City’s BWF is projected to roughly double from 64.1 million gallons per day (mgd) to 129.9 mgd by buildout, whereas the PWWF is projected to increase from 123.9 mgd to about 202.4 mgd by buildout (an increase of approximately 63 percent). Therefore, the City’s PWWF to BWF peaking factor is projected to decrease from roughly 1.93 to 1.56, which is relatively low for sanitary sewer collection systems.93 The CSMP Update concluded that, in general, the City’s existing collection system has sufficient capacity to convey current PWWFs without exceeding the established flow depth criterion. However, there are a few areas where capacity restrictions lead to flow depths that exceed allowable levels. The 2015 CSMP Update identified improvements to address current and future deficiencies in the sewer collection system. The majority of improvements are driven by future development, which consist of new sewers that serve future growth or improvements to existing facilities that are needed to serve future growth. When fully implemented, the capital projects will allow the conveyance of PWWFs to the RWRF during buildout conditions The primary impact identified within the Plan Area was the Orange Avenue trunk sewer main. The needed capacity improvements consist of replacing approximately 6,050 feet of 36-inch diameter pipeline with a new 42-inch diameter sewer on segments of 8th Street, Woodward Avenue, and Orange Avenue in the Plan Area. No major sewer pipeline structural deficiencies were identified within the Specific Plan Area. The approved General Plan includes several policies to address wastewater generation and reduction of wastewater flows including PU-7-a, PU-7-b and PU-7-f. In addition, continual update of the Sewer System Management Plan and CSMP and capital improvement projects would serve to ensure that wastewater flows would be accommodated.94 The impact of future development on wastewater infrastructure would be assessed on an individual basis for specific projects. Additionally, because the proposed project contains less development than anticipated in the General Plan, the proposed project would not require the construction of additional wastewater facilities. Stormwater As previously discussed, the Specific Plan Area is within the FMFCD. According to the Specific Plan, California Avenue between Cedar and Maple Avenues and the detention basin to the south of the Plan Area have been identified for storm drain improvements. The FMFCD approved the 2016 93 City of Fresno. 2015. Wastewater Collection System Master Plan Update. September. 94 City of Fresno. 2020. City of Fresno General Plan Program Environmental Impact Report. March. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 169 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx District Services Plan which addresses flood control, and local stormwater drainage. It is continually updated to take into account the addition of new impervious surface, including impervious surfaces resulting from the continued implementation of the approved General Plan.95 The impact of future development on stormwater infrastructure would be assessed on an individual basis for specific projects. Electricity, Gas, and Telecommunication As discussed above, the Plan Area would receive its natural gas and electricity from PG&E. Telecommunication services are provided by multiple providers; however, AT&T is the largest provider of cellular and fixed telephone services. Future development under the proposed project would likely connect to existing electric, natural gas and telecommunication facilities. Should the creation of new or re-located electric, natural gas and telecommunications facilities be required, construction would be subject to compliance with the City’s and service provider’s regulations and standard conditions for new construction-related to infrastructure improvements. These regulations and conditions would require construction of gas and electric lines to include BMPs that require construction areas to minimize dust generation, limit construction noise to daytime hours to limit impacts to sensitive receptors and use modern equipment to limit emissions. In addition, such work would be subject to compliance with applicable regulations and standard conditions of approval for construction projects, including City permits/review for construction (e.g., grading permits, private development review, encroachment permits, etc.).96 The impact of future development resulting from constructing new or relocating electric, natural gas and telecommunication facilities would be assessed on an individual basis for specific projects. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than significant impact. New residential, commercial, mixed use, and industrial land uses in the Planning Area would increase demand for water. As previously discussed, total demand for 2045 is projected to be 241,447 AFY. The 2020 UWMP projects a “reasonably available volume” of 357,330 AFY in 2045, exceeding the projected demand. Further, the General Plan PEIR determined that water supplies are adequate to accommodate the demand in 2040 and at buildout of the approved General Plan in 2056. Finally, supply and demand comparisons for normal-water-year, single-dry- water-year, and five-consecutive-year-drought-period scenarios show that there are sufficient water supplies to serve future development.97 Because the proposed project contains less development than anticipated in the General Plan, the proposed project would not require the construction of additional water facilities. The impact of future development on water service reliability during normal, dry, and multiple dry years would be assessed on an individual basis for specific projects. Therefore, implementation of the proposed project would have a less than significant impact related to water supplies. 95 City of Fresno. 2020. City of Fresno General Plan Program Environmental Impact Report. March. 96 Ibid. 97 City of Fresno. 2021. 2020 Urban Water Management Plan. July. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 170 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Less than significant impact. The 2015 CSMP Update identified improvements to address current and future deficiencies in the sewer collection system. The majority of improvements are driven by future development, which consist of new sewers that serve future growth or improvements to existing facilities that are needed to serve future growth. When fully implemented, the capital projects will allow the conveyance of PWWFs to the RWRF during buildout conditions. The primary impact identified within the Specific Plan Area was the Orange Avenue trunk sewer main. The needed capacity improvements consist of replacing approximately 6,050 feet of 36-inch diameter pipeline with a new 42-inch diameter sewer on segments of 8th Street, Woodward Avenue, and Orange Avenue in the Specific Plan Area. The Specific Plan identified no major sewer pipeline structural deficiencies within the Specific Plan Area. Furthermore, utility providers currently serving the Specific Plan Area have plans in place to serve future needs in accordance with the General Plan. Therefore, the proposed project would have a less than significant impact on the adequacy of the wastewater treatment provider’s capacity to serve the Plan Area. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than significant impact. New residential, commercial, mixed use, and industrial land uses in the Planning Area would increase the amount of solid waste generated by residents and businesses. As discussed above, the City’s Solid Waste Management Division is responsible for the collection of residential municipal solid waste in the Specific Plan Area. Mid Valley Disposal is responsible for the collection of solid waste, recyclables, and green waste for large multi-family, commercial, and industrial developments in the Planning Area. The American Avenue Landfill has a permitted capacity of 36,700,000 cubic yards and a maximum permitted throughput of 2,200 tons per day. However, the landfill is expected to close in 2031. Continued development under the approved General Plan would result in the generation of approximately 2,223 tons of solid waste per day. Based on the estimated closure dates of the American Avenue Landfill in 2031 there is a potential for additional landfill capacity needed to accommodate future development under the proposed project. However, AB 939 mandates the reduction of solid waste disposal in landfills, and the City is currently achieving a 71 percent diversion rate (based on 2009 data) which is anticipated to increase due to a Fresno City Council resolution that commits the City to a Zero Waste goal by 2025. Because the proposed project contains less development than anticipated in the General Plan, the proposed project would not generate more solid waste than anticipated by the General Plan. Additionally, all future development under the proposed project would be consistent with General Plan Objective PU-9 and Policies PU-9-a through PU-9-e and would be evaluated by the City to determine whether the proposed development could contribute solid waste to a landfill that is at capacity until additional capacity is provided. Thus, the impact of future development with respect to constructing new solid waste infrastructure would be assessed on an individual basis for specific City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 171 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx projects. As such, the proposed project would have a less than significant impact on solid waste capacity of local infrastructure. e) Comply with federal, State, and local management and reduction statutes and regulations related to solid waste? Less than significant impact. As previously discussed, the Solid Waste Management Division is responsible for the collection of residential solid waste in the Specific Plan Area, and Mid Valley Disposal would be responsible for the collection of solid waste, recyclables, and green waste for large multi-family, commercial, and industrial developments in the Specific Plan Area. Construction and operational activities that generate solid waste are handled, transported, and disposed of in accordance with applicable federal, State, and local regulations pertaining to municipal waste. In accordance with the approved General Plan, solid waste would continue to be handled, transported, and disposed of according to all applicable federal, State, and local regulation pertaining to municipal waste disposal. The City currently has a number of provisions that require or promote recycling and waste reduction. Development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. This would result in a lesser impact related to solid waste than what would have occurred under the development scenario considered in the General Plan. Therefore, the proposed project would have a less than significant impact with regard to compliance with federal, State, and local management and reduction statutes and regulations related to solid waste. Mitigation Measures None required. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 172 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx .Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.19 Wildfire If located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Environmental Evaluation Introduction As noted in the Specific Plan, the land use designations of the Specific Plan are consistent with the General Plan buildout assumptions; however, this Plan proposes changing the land use designation for some of the Plan Area’s parcels, which will require the General Plan Land Use map to be amended. These proposed land use designation changes would reduce the total amount of development compared to what was contemplated by the General Plan for the Specific Plan Area. Environmental Setting The City consists largely of urbanized or working agricultural land and lacks steep slopes, thus wildfire threats are minimal. Although the City is near to high and very high fire hazard designated areas, the City is largely categorized as little or no threat or moderate fire hazard, which is largely attributed to paved areas. The Specific Plan Area is in an urbanized area, located just to the east and southeast of Downtown Fresno, and is characterized by a blend of older single-family and multi- family housing developments, industrial facilities, public facilities, vacant land, and commercial areas. Further, according to CAL FIRE’s Fire Hazard Severity Zone (FHSZ) Viewer, the City does not City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 173 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx contain any lands within the State Responsibility Area (SRA) or lands classified as Very High Fire Hazard Severity Zone (VHFHSZ) within the LRA.98 Would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? Less than significant impact. The California Emergency Services Act requires cities to prepare and maintain an emergency plan for natural, manmade, or war-caused emergencies that result in conditions of disaster or in extreme peril to life. According to the General Plan, the City does have an adopted Emergency Operations Plan (EOP); however, the EOP does not designate evacuation routes. The Noise and Safety Element of the General Plan addresses emergency events, including those associated with wildfire hazards. Objectives PU-2 and PU-3 of the General Plan relate to maintaining the level of fire protection and emergency service level objectives in the City. While the proposed project does not include any specific plans for development, future construction under the proposed project would be required to comply with the California Fire Code (CFC). Further, design and construction or alteration of roadways would be consistent with applicable State and City standards for roadway widths, turning radii, and sightlines and would not impair emergency response or emergency evacuation. Therefore, the proposed project would have a less than significant impact on an adopted emergency response plan or emergency evacuation plan. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Less than significant impact. As previously discussed, the Specific Plan Area does not contain any lands within the SRA or lands classified as VHFHSZ within the LRA.99 According to the Noise and Safety Element of the General Plan, the City’s high temperatures and sunlight during summer months combined with low rainfall could exacerbate wildfire risk by drying and pre-heating combustible material, which would encourage the spontaneous combustion of such material. Additionally, the City’s estimated maximum wind speed is 70 miles per hour (mph), which could also exacerbate wildfire risks. However, given that the City is largely urbanized and paved, wildfire threats in the City are minimal. Further, rural agricultural lands located outside of the city limits lack steep topographies, thus the risk of the uncontrolled spread of wildfire is limited. Finally, the Specific Plan Area itself is in an urbanized area, located just to the east and southeast of Downtown Fresno, and is surrounded by existing development. Therefore, the proposed project would have a less than significant impact on wildfire risk and the spread of associated pollutants. 98 California Department of Forestry and Fire Protection (CAL FIRE). 2022. FHSZ Viewer. Website: https://egis.fire.ca.gov/FHSZ/. Accessed September 11, 2022. 99 Ibid. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 174 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Less than significant impact. Future development under the General Plan may require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk. Therefore, future discretionary projects facilitated by the General Plan would be evaluated for project-specific wildfire impacts at the time they are proposed. As previously discussed, the Specific Plan Area is located in a developed, urban area within the City and in its existing state is characterized by single-family and multi-family housing developments, industrial facilities, public facilities, vacant land, and commercial areas. The Specific Plan Area is currently served by multiple utility providers. Water and sewer services are provided by the City of Fresno; stormwater drainage systems are constructed and maintained by the FMFCD; irrigation water is supplied by the Fresno Irrigation District (FID); electricity and gas utilities are provided by PG&E; and telephone, fiber, and cable service is provided by AT&T/Comcast/Xfinity. Utility providers currently serving existing needs in the area have plans in place to serve future needs in accordance with the Fresno General Plan.100 Future development facilitated by the proposed project would be evaluated for project-specific wildfire impacts at the time they are proposed. Should any future development under the proposed project require the construction of associated infrastructure, the installation and maintenance of said infrastructure would comply with applicable local, State, and federal requirements, including the CBC and CFC. Therefore, the proposed project would have a less than significant impact on infrastructure that may exacerbate fire risk or impacts to the environment. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Less than significant impact. As previously discussed, the City is relatively flat with agricultural lands outside of the city limits also lacking steep slopes. The Plan Area is largely categorized as little or no threat or moderate fire hazard, with no lands within the SRA or lands classified as VHFHSZ within the LRA.101 As discussed in Section 2.7, Geology, Seismicity, and Soils, due to its flat topography the City and the Specific Plan Area are not considered to be in area which could be impacted by landslides. Further, the Specific Plan Area is not located within a 100-year flood zone.102 Therefore, the proposed project would have a less than significant impact. Mitigation Measures None required. 100 City of Fresno. 2021. Public Draft Central Southeast Area Specific Plan. April. 101 California Department of Forestry and Fire Protection (CAL FIRE). 2022. FHSZ Viewer. Website: https://egis.fire.ca.gov/FHSZ/. Accessed September 11, 2022. 102 City of Fresno General Plan, 2014. Chapter 9: Noise and Safety. Figure NS-17: Existing Flood Plains. December. City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Checklist and Subsequent Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 175 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Environmental Issues Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact 2.20 Mandatory Findings of Significance a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Environmental Evaluation a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? Less than significant impact with mitigation incorporated. The project would involve the construction of new residential and nonresidential land uses and the implementation of a range of mitigation and actions designed to reduce impacts. With implementation of proposed mitigation measures (MM AIR-2.1, MM AIR-2.2, MM AIR-3.1, MM AIR-3.2, MM AIR-4.1, MM AIR-5, AIR-6, AIR-7, AIR-8, AIR-9, AIR-10, MM BIO-1.1, MM BIO-1.2, MM BIO-1.3, MM BIO-1.4, MM BIO-2.1, MM BIO-2.2, MM BIO- 2.3, MM BIO-3.1, MM BIO-3.2, MM CUL-1.1, MM CUL-1.2, MM CUL-2, and MM CUL-3) impacts to air quality, biological resources, and cultural resources would also be reduced to less than significant levels. While unlikely, there is the potential to uncover undiscovered archaeological, paleontological or human remains in the course of construction activities on-site, and accordingly the cultural resources mitigation identified above and MM GEO-8 would be required to avoid the accidental destruction or disturbance of previously undiscovered cultural resources. Overall, with Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 176 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx implementation of these mitigation measures, the project would not substantially degrade the quality of the environment and associated impacts would be less than significant. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less than significant impact with mitigation incorporated. The proposed project is a document that provides a vision for growth and development in the Central Southeast Fresno community over the next 20 to 30 years. This long-range planning document addresses a wide range of topics including affordable housing, jobs and economic development, transportation, parks and open space, and a healthy environment. As the proposed project is a policy-level document, it does not include any specific development proposals. The Specific Plan proposes changing land use designations for some of the Specific Plan Area’s parcels, which would require an amendment to the General Plan Land Use map. Potentially significant impacts related to aesthetics, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, noise and transportation would be mitigated to less than significant levels with the implementation of MM AES-4.1, MM AES-4.2, MM AES-4.3, MM AES-4.4, MM AES-4.5, MM AG-1.1, MM AG-2, MM AIR-2.1, MM AIR-2.2, MM AIR-3.1, MM AIR-3.2, MM AIR-4.1, MM AIR-5, AIR-6, AIR-7, AIR-8, AIR-9, AIR-10, MM BIO-1.1, MM BIO-1.2, MM BIO-1.3, MM BIO-1.4, MM BIO-2.1, MM BIO-2.2, MM BIO-2.3, MM BIO-3.1, MM BIO-3.2, MM CUL-1.1, MM CUL-1.2, MM CUL-2, MM CUL-3, MM GEO -6.1, MM GEO-7, MM GEO-8, MM NOI-2, MM NOI-3, MM NOI-4, MM NOI-5 and MM TRANS-1. Overall, with the implementation of these mitigation measures, impacts associated with the proposed project would be less than significant. The implementation of other projects in the City would be required to demonstrate regulatory compliace and implement similar mitigation measures, as applicable. Therefore, the proposed project would not have impacts that are individually limited, but cumulatively considerable. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Less than significant impact. Compliance with existing regulations and implementation of the City of Fresno standard permit conditions would ensure that the proposed project, and future development consistent with the proposed project, would not result in substantial adverse effects on human beings, including effects related to air pollution, seismic and geologic hazards, hazardous materials, flooding and natural disasters, or noise and vibration. Therefore, impacts associated with the proposed project would be less than significant. Mitigation Measures Implement MM AES-4.1, MM AES-4.2, MM AES-4.3, MM AES-4.4, MM AES-4.5, MM AIR-2.1, MM AIR-2.2, MM AIR-3.1, MM AIR-3.2, MM AIR-4.1, MM AIR-5, AIR-6, AIR-7, AIR-8, AIR-9, AIR-10, MM BIO-1.1, MM BIO-1.2, MM BIO-1.3, MM BIO-1.4, MM BIO-2.1, MM BIO-2.2, MM BIO-2.3, MM BIO- 3.1, MM BIO-3.2, MM CUL-1.1, MM CUL-1.2, MM CUL-2, MM CUL-3, MM GEO-6.1, MM GEO-7, MM GEO-8, MM NOI-2, MM NOI-3, MM NOI-4, MM NOI-5 and MM TRANS-1. City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration List of Preparers FirstCarbon Solutions 177 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx SECTION 3: LIST OF PREPARERS FirstCarbon Solutions 7726 N. First Street, #413 Fresno, CA 93720 Phone: 714.508.4100 Project Director ....................................................................................................................... Mary Bean Project Director ......................................................................................................... Phil Ault, LEED® AP Project Manager .......................................................................................................... Rachel Krusenoski Assistant Project Manager ................................................................................................. Maddie Dolan FCS’ Legal Counsel ........................................................................................................... Megan Starr, JD Director of Cultural Resources .......................................................................... Dana DePietro, PhD, RPA Biologist II ........................................................................................................................... Robert Carroll Environmental Services Analyst .......................................................................................... Isobel Cooper Intern .......................................................................................................................................Kelly Evans Publications Manager ............................................................................................................ Susie Harris Publications Coordinator ......................................................................................................... Alec Harris Document Specialist ....................................................................................................... Melissa Ramirez GIS/Graphics ................................................................................................................ Karlee McCracken GIS/Graphics ................................................................................................................. Sebastian Macias THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions Cultural Resources and Tribal Cultural Resources Supporting Information THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions A.1 - Records Search Map THIS PAGE INTENTIONALLY LEFT BLANK 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions A.2 - California Historical Resources Information System Request and Results THIS PAGE INTENTIONALLY LEFT BLANK California Historical Resources Information System CHRIS Data Request Form 1 of 3 2-29-2020 Version ACCESS AND USE AGREEMENT NO.:_______________ IC FILE NO.:________________________ To:___________________________________________________________________ Information Center Print Name: ____________________________________________________ Date: _____________________ Affiliation: ________________________________________________________________________________ Address: _________________________________________________________________________________ City: _________________________________________ State: ________________ Zip: __________________ Phone: __________________ Fax: __________________ Email: ____________________________________ Billing Address (if different than above): _________________________________________________________ Billing Email: _______________________________________________ Billing Phone: ___________________ Project Name / Reference: ___________________________________________________________________ Project Street Address: ______________________________________________________________________ County or Counties: ________________________________________________________________________ Township/Range/UTMs: _____________________________________________________________________ USGS 7.5’ Quad(s): ________________________________________________________________________ PRIORITY RESPONSE (Additional Fee): yes / no TOTAL FEE NOT TO EXCEED: $___________________________ (If blank, the Information Center will contact you if the fee is expected to exceed $1,000.00) Special Instructions: Information Center Use Only Date of CHRIS Data Provided for this Request: ___________________________________________________ Confidential Data Included in Response: yes / no Notes:___________________________________________________________________________________ _________________________________________________________________________________________ 2 of 3 2-29-2020 Version California Historical Resources Information System CHRIS Data Request Form Mark the request form as needed. Attach a PDF of your project area (with the radius if applicable) mapped on a 7.5’ USGS topographic quadrangle to scale 1:24000 ratio 1:1 neither enlarged nor reduced and include a shapefile of your project area, if available. Shapefiles are the current CHRIS standard for submitting digital spatial data for your project area or radius. Check with the appropriate IC for current availability of digital data products. •Documents will be provided in PDF format. Paper copies will only be provided if PDFs are not available at the time of the request or under specially arranged circumstances. •Location information will be provided as a digital map product (Custom Maps or GIS data) unless the area has not yet been digitized. In such circumstances, the IC may provide hand drawn maps. •In addition to the $150/hr. staff time fee, client will be charged the Custom Map fee when GIS is required to complete the request [e.g., a map printout or map image/PDF is requested and no GIS Data is requested, or an electronic product is requested (derived from GIS data) but no mapping is requested]. For product fees, see the CHRIS IC Fee Structure on the OHP website. 1. Map Format Choice: Select One: Custom GIS Maps GIS Data  Custom GIS Maps and GIS Data  No Maps  Any selection below left unmarked will be considered a "no. " Within project area Within ______ radius yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no Within ______radius Location Information: ARCHAEOLOGICAL Resource Locations1 NON-ARCHAEOLOGICAL Resource Locations Report Locations1 “Other” Report Locations2 3.Database Information: (contact the IC for product examples, or visit the SSJVIC website for examples) Within project areaARCHAEOLOGICAL Resource Database1 yes / no yes / no List (PDF format) Detail (PDF format) Excel Spreadsheet yes / no yes / no yes / no yes / no NON-ARCHAEOLOGICAL Resource Database yes / no yes / no yes / no yes / no List (PDF format) Detail (PDF format) Excel Spreadsheet yes / no yes / no Report Database1 yes / no yes / no yes / no yes / no yes / no yes / no List (PDF format) Detail (PDF format) Excel Spreadsheet Include “Other” Reports 2 yes / no yes / no 4.Document PDFs (paper copy only upon request): Within project area Within ______ radius ARCHAEOLOGICAL Resource Records1 NON-ARCHAEOLOGICAL Resource Records Reports1 “Other” Reports2 yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no California Historical Resources Information System CHRIS Data Request Form 5.Eligibility Listings and Documentation: Within project area Within ______ radius yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no OHP Built Environment Resources Directory3: Directory listing only (Excel format) Associated documentation4 OHP Archaeological Resources Directory1,5: Directory listing only (Excel format) Associated documentation4 California Inventory of Historic Resources (1976): Directory listing only (PDF format) Associated documentation4 6.Additional Information: The following sources of information may be available through the Information Center. However, several of these sources are now available on the OHP website and can be accessed directly. The Office of Historic Preservation makes no guarantees about the availability, completeness, or accuracy of the information provided through these sources. Indicate below if the Information Center should review and provide documentation (if available) of any of the following sources as part of this request. Caltrans Bridge Survey yes / no / no yes yes / no yes / no yes / no yes / no yes / no yes / no Ethnographic Information Historical Literature Historical Maps Local Inventories GLO and/or Rancho Plat Maps Shipwreck Inventory Soil Survey Maps 1 In order to receive archaeological information, requestor must meet qualifications as specified in Section III of the current version of the California Historical Resources Information System Information Center Rules of Operation Manual and be identified as an Authorized User or Conditional User under an active CHRIS Access and Use Agreement. 2 “Other” Reports GIS layer consists of report study areas for which the report content is almost entirely non-fieldwork related (e.g., local/regional history, or overview) and/or for which the presentation of the study area boundary may or may not add value to a record search. 3 Provided as Excel spreadsheets with no cost for the rows; the only cost for this component is IC staff time. Includes, but not limited to, information regarding National Register of Historic Places, California Register of Historical Resources, California State Historical Landmarks, California State Points of Historical Interest, and historic building surveys. Previously known as the HRI and then as the HPD, it is now known as the Built Environment Resources Directory (BERD). The Office of Historic Preservation compiles this documentation and it is the source of the official status codes for evaluated resources. 4 Associated documentation will vary by resource. Contact the IC for further details. 5 Provided as Excel spreadsheets with no cost for the rows; the only cost for this component is IC staff time. Previously known as the Archaeological Determinations of Eligibility, now it is known as the Archaeological Resources Directory (ARD). The Office of Historic Preservation compiles this documentation and it is the source of the official status codes for evaluated resources. 3 of 3 2-29-2020 Version 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 10/18/2021 Dana DePietro FirstCarbon Solutions 1350 Treat Blvd. Suite 380 Walnut Creek, CA 94597 Re: Fresno Central Southeast Area Specific Plan Project Records Search File No.: 21-410 The Southern San Joaquin Valley Information Center received your record search request for the project area referenced above, located on the Clovis, Malaga, and Fresno USGS 7.5’ quad. The following reflects the results of the records search for the project area and the 0.5 mile radius: As indicated on the data request form, the locations of resources and reports are provided in the following format: ☒ custom GIS maps ☐ GIS data Resources within project area: 35 Resources, See attached list. Resources within 0.5 mile radius: 33 Resources, See attached list. Reports within project area: 18 Reports, See attached list. Reports within 0.5 mile radius: 22 Reports, See attached list. Note: Resource Database Printout (list): ☒ enclosed ☐ not requested ☐ nothing listed Resource Database Printout (details): ☒ enclosed ☐ not requested ☐ nothing listed Resource Digital Database Records: ☐ enclosed ☒ not requested ☐ nothing listed Report Database Printout (list): ☒ enclosed ☐ not requested ☐ nothing listed Report Database Printout (details): ☒ enclosed ☐ not requested ☐ nothing listed Report Digital Database Records: ☐ enclosed ☒ not requested ☐ nothing listed Resource Record Copies: ☒ enclosed ☐ not requested ☐ nothing listed ☐ not available Report Copies: ☒ enclosed ☐ not requested ☐ nothing listed ☐ not available Note: Only the Title Page, Table of Contents, & Executive Summary of TU-00102 was included. OHP Built Environment Resources Directory: ☒ enclosed ☐ not requested ☐ nothing listed Archaeological Determinations of Eligibility: ☒ enclosed ☐ not requested ☐ nothing listed CA Inventory of Historic Resources (1976): ☐ enclosed ☐ not requested ☒ nothing listed Note: P-15-007046 is not listed in the BERD. The 2013 HPD page was included for this resource. Caltrans Bridge Survey: Not available at SSJVIC; please see https://dot.ca.gov/programs/environmental-analysis/cultural-studies/california-historical-bridges-tunnels Ethnographic Information: Not available at SSJVIC Historical Literature: Not available at SSJVIC Historical Maps: Not available at SSJVIC; please see http://historicalmaps.arcgis.com/usgs/ Local Inventories: Not available at SSJVIC GLO and/or Rancho Plat Maps: Not available at SSJVIC; please see http://www.glorecords.blm.gov/search/default.aspx#searchTabIndex=0&searchByTypeIndex=1 and/or http://www.oac.cdlib.org/view?docId=hb8489p15p;developer=local;style=oac4;doc.view=items Shipwreck Inventory: Not available at SSJVIC; please see https://www.slc.ca.gov/shipwrecks/ Soil Survey Maps: Not available at SSJVIC; please see http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Please forward a copy of any resulting reports from this project to the office as soon as possible. Due to the sensitive nature of archaeological site location data, we ask that you do not include resource location maps and resource location descriptions in your report if the report is for public distribution. If you have any questions regarding the results presented herein, please contact the office at the phone number listed above. The provision of CHRIS Data via this records search response does not in any way constitute public disclosure of records otherwise exempt from disclosure under the California Public Records Act or any other law, including, but not limited to, records related to archeological site information maintained by or on behalf of, or in the possession of, the State of California, Department of Parks and Recreation, State Historic Preservation Officer, Office of Historic Preservation, or the State Historical Resources Commission. Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts. Should you require any additional information for the above referenced project, reference the record search number listed above when making inquiries. Invoices for Information Center services will be sent under separate cover from the California State University, Bakersfield Accounting Office. Thank you for using the California Historical Resources Information System (CHRIS). Sincerely, Jeremy E. David Assistant Coordinator SSJVIC Record Search 21-410 Reports in PA:Reports in .5 mile:Resources in PA:Resources in .5 mile:Informal Resource FR-00257 FR-00135 P-10-003930 P-10-004248 SHL #934 FR-00296 FR-01231 P-10-004249 P-10-004253 FR-01651 FR-01686 P-10-004675 P-10-004274 FR-01723 FR-01694 P-10-005306 P-10-004280 FR-01742 FR-01696 P-10-005307 P-10-004286 FR-01800 FR-01850 P-10-005308 P-10-004287 FR-01979 FR-02000 P-10-005309 P-10-004299 FR-02073 FR-02002 P-10-005310 P-10-004310 FR-02076 FR-02106 P-10-005311 P-10-004312 FR-02109 FR-02143 P-10-005312 P-10-004349 FR-02169 FR-02172 P-10-005313 P-10-004677 FR-02194 FR-02192 P-10-005314 P-10-004762 FR-02228 FR-02217 P-10-005315 P-10-004763 FR-02332 FR-02238 P-10-005316 P-10-004764 FR-02620 FR-02287 P-10-005317 P-10-004765 FR-02653 FR-02496 P-10-005318 P-10-004766 FR-02972 FR-02504 P-10-005319 P-10-004767 FR-02992 FR-02628 P-10-005320 P-10-004768 FR-02655 P-10-005321 P-10-004769 FR-02722 P-10-005322 P-10-004770 FR-02806 P-10-005323 P-10-005120 FR-02896 P-10-005324 P-10-005121 P-10-005325 P-10-005225 P-10-005326 P-10-005305 P-10-005327 P-10-006224 P-10-005328 P-10-006225 P-10-005329 P-10-006594 P-10-005330 P-10-006595 P-10-005331 P-10-006596 P-10-005332 P-10-006599 P-10-005333 P-10-006600 P-10-005334 P-10-006601 P-10-005335 P-10-007094 P-10-005336 Report List Report No.Year Title AffiliationAuthor(s)ResourcesOther IDs SSJVIC Record Search 21-410 FR-00135 1995 Cultural Resources Inventory Report for the Proposed Mojave Northward Expansion Project. Woodward-Clyde Consultants Hatoff, Brian, Voss, Barb, Waechter, Sharon, Benté, Vance, and Wee, Stephen NADB-R - 1140863 FR-00257 1990 Historic Property Survey Report Route 180 Chestnut Avenue to Highland Avenue; 06- FRE-180, R60.9/R6736 06250-342400 DeLeuw, Cather and Company; David Chavez Associates Caltrans - 06-FRE- 180 R60.9/R67.6 06250-342400 FR-00296 1992 Cultural Resources Assessment for the Fresno Unified School District, Southeast Fresno High School, Middle School, and Elementary School Cultural Resources Consulting Bissonnette, Linda DickNADB-R - 1140239 FR-01231 1994 Negative Archaeological Survey Report for the Construction of Route 180 Urban Project California Department of Transportation Nissen, Karen, Comeyne, Dominique, and Aguilar- Luna, Judy Caltrans - 06-FRE- 180 P.M. 56.1/60.9 CU 821 EA 025731 FR-01231A 1993 Supplemental Historic Architectural Survey Report for the Route 180 Urban Project Sections of Cedar Avenue and East Thomas Avenue Cal TransLortie, Frank FR-01231B 1994 Supplemental Historic Property Survey Report for the Route 180 Urban Project between Route 99 and Chestnut Avenue Cal TransAguilar-Luna, Judy FR-01651 2000 Cultural Resources Survey for the Level (3) Communications Long Haul Fiber Optics Project: Segment WS04: Sacramento to Bakersfield Far Western Anthropological Research Group, Inc. Nelson, Wendy J.Submitter - Project Number 27101 FR-01686 2000 Cultural Resources Assessment for the Pacific Bell Site, CV-600-01, and the Fairgrounds Site, City of Fresno, Fresno County, California Peak & Associates, Inc.Peak, Melinda A. FR-01694 1994 Supplementary Historic Building Survey, Historic Resources Survey (Ratkovich Plan), Fresno, California California State University, Fresno Powell, John Edward and McGuire, Michael J. FR-01696 2001 A Cultural Resource Study for the Self-Help Housing Project In the Southeast Fresno Area, Fresno County, California Varner AssociatesVarner, Dudley M. FR-01723 2000 Historical and Cultural Resource Assessment For A Proposed Telecommunications Facility Site No. CV-600-08, 4696 East Kings Canyon Road, Fresno, California Brown & Mills, Inc.Brown, R. Keith and Pastron, Allen G. Page 1 of 5 SSJVIC 10/18/2021 3:01:30 PM Report List Report No.Year Title AffiliationAuthor(s)ResourcesOther IDs SSJVIC Record Search 21-410 FR-01742 2001 Archaeological Survey and Record Search for WorldCom Fresno 180 Aerial Project (800-25) Pacific Legacy, Inc.Sutch, Cordelia FR-01800 2002 Archaeological Survey and Architectural Evaluation for the Peach Avenue Widening Project, Belmont to Butler Avenues, Fresno County, California Applied EarthWorks, Inc.Nettles, Wendy M. and Baloian, Mary Clark FR-01850 2000 Nextel Communications Wireless Telecommunications Service Facility, Fresno County EarthTouch, LLC.Billat, LornaSubmitter - Nextel Site No. CA- 1813A/Chestnut FR-01979 2003 Historic Property Survey for Fresno Unified School District, Proposed Elementary School Site D-2 Fresno, California Applied EarthWorks, Inc.Livingstone, David M.10-005306, 10-005307, 10-005308, 10-005309, 10-005310, 10-005311, 10-005312, 10-005313, 10-005314, 10-005315, 10-005316, 10-005317, 10-005318, 10-005319, 10-005320, 10-005321, 10-005322, 10-005323, 10-005324, 10-005325, 10-005326, 10-005327, 10-005328, 10-005329, 10-005330, 10-005331, 10-005332, 10-005333, 10-005334, 10-005335, 10-005336 FR-02000 2003 Cultural Resources Survey and Inventory of the USDA Peach Avenue Property in Fresno, California Applied EarthWorks, Inc.Nettles, Wendy M. and Baloian, Randy 10-005305 FR-02002 2000 Cultural Resources Survey Report for Level 3 Long Haul Fiber Optic Project: WS04 Connection to Fresno 3R Facility, in the City of Fresno, Fresno County, California Chambers Group, Inc.Mason, Roger D. and Shepard, Richard S. 10-004513 FR-02073 2004 Environmental Assessment No. PW-2004-08 Acquire and Construct an Intermodal Facility On the Southeast Corner of East Kings Canyon and South Alder Avenues City of Fresno, Public Works Department Fraser, Becky FR-02076 2004 Historic Architecture Survey Report for the "Bungalow" Court Project, Fresno, California City of FresnoHattersley-Drayton, Karana 10-005447, 10-005448, 10-005449, 10-005450, 10-005451, 10-005452, 10-005453, 10-005454 FR-02106 2005 Request for SHPO Review of FCC Undertaking (FAT-0064 Kings Canyon + Cedar) AquAeTer, Inc.Parker, Lori D.Submitter - FAT- 0064 Kings Canyon + Cedar FR-02109 2005 Archaeological Survey for a Multi-Family and Single Family Homes Project (APN 472-021- 01), East Kings Canyon Road and South Adler Avenue, Fresno, California J&R Environmental ServicesBrady, Jon L. Page 2 of 5 SSJVIC 10/18/2021 3:01:31 PM Report List Report No.Year Title AffiliationAuthor(s)ResourcesOther IDs SSJVIC Record Search 21-410 FR-02143 2005 A Cultural and Paleontological Resources Study for the KB Home Summit Hills Project LSA Associates, Inc.Kaptain, Neal and Matzen, Ben Submitter - LSA Project No. KBH540 FR-02169 2005 Records Search Results and Site Visit for Cricket Telecommunications Facility Candidate FAT-040B (Butler/Willow), 5130 East Lane, Fresno, Fresno County, California Michael Brandman Associates Bonner, Wayne H. FR-02172 2006 New Tower Submission Packet, FCC Form 620 - Cedar-Butler, SC-10132B EarthTouch, Inc.Supernowicz, Dana E. FR-02172A 2006 Cultural Resources Study of the Cedar-Butler Project T-Mobile Site No. SC10132B 1530 S. Pearl Street, Fresno, Fresno County, California 93721 Historic Resoruce Associates Dana E. Supernowicz FR-02192 2006 New Tower Submission Packet, FCC Form 620 - South Peach, SC-10122A EarthTouch, Inc.Billat, Lorna FR-02194 2005 Cultural Resources Assessment - Dedekian Property (APN 481-060-02S) Parcel at the Northwest Corner, E. California and S. Willow Avenues, City of Fresno, Fresno County Basin Research AssociatesBusby, Colin I. FR-02217 2005 National Register of Historic Places Evaluation of the USDA Horticultural Field Station on Peach Avenue in Fresno, California Applied EarthWorks, Inc.Nettles, Wendy M. and Baloian, Randy 10-005305 FR-02228 2005 New Tower Submission Packet, FCC Form 620 for 5189 East Kings Canyon Road Archaeological Resources Technology Losee, Carolyn FR-02238 2006 Cultural Resource Records Search and Site Visit Results for Cricket Telecommunications Facility Candidate FAT-017C (Chestnut/Belmont), 4765 East Belmont, Fresno, Fresno County, California Michael Brandman Associates Bonner, Wayne H. FR-02287 2006 Cultural Resources Final Report of Monitoring and Findings for the Qwest Network Construction Project, State of California SWCA Environmental Consultants Arrington, Cindy, Bass, Bryon, Brown, Joan, Corey, Chris, and Hunt, Kevin Submitter - SWCA Cultural Resources Report Database No. 06-507; Submitter - SWCA Project No. 10715- 180 FR-02332 2008 Records Search and Site Visit Results for T- Mobile Omnipoint Communications Facility Candidate SC40140 (Marks Kitchen), 4828 East Belmont Avenue, Fresno, Fresno County, California, 93727 Michael Brandman Associates Bonner, Wayne H. Page 3 of 5 SSJVIC 10/18/2021 3:01:32 PM Report List Report No.Year Title AffiliationAuthor(s)ResourcesOther IDs SSJVIC Record Search 21-410 FR-02496 2009 Historic Resource Survey for the Placement of Verizon Cell Tower at 5339 East Butler Ave, Fresno, Freso County, California URS CorporationHatoff, Brian FR-02504 2003 Historic Property Survey for the HOME Project for Self Help on South Willow & East Jensen Avenues in Fresno, California J & R Environmental Services Brady, Jon and Hobbs, Kelly 10-004677, 10-006224, 10-006225 FR-02620 2008 Records Search and Site Visit Results for T- Mobile Omnipoint Communications Facility Candidate SC40140 (Mark's Kitchen), 4828 East Belmont Avenue, Fresno, Fresno County, California 93727 Michael Brandman Associates Bonner, Wayne FR-02628 2012 Cultural Resources Analysis for E Ventura Ensite #10768 (211849) 4066 East Ventura Avenue, Fresno, Fresno County, California EBI ConsultingWay, Michael A.Submitter - EBI Project #61123743 FR-02653 2014 Cultural Resources Survey Big Fresno Fair / CVU0729 1121 South Chance Avenue, Fresno, Fresno County, California 93702 EBI ConsultingOcampo, GabrielSubmitter - EBI Project #61136491 FR-02655 2014 Cultural Resources Survey S Winery / Ensite #17717 (263603) 5080 East Tulare Avenue, Fresno, Fresno County, California 93727 EBI ConsultingWillers, DavidSubmitter - EBI Project #61140608 FR-02722 2015 Fresno Recycled Water Distribution System Project, Phase I Cultural Resources Study, Fresno County, California ESA Cultural ResourcesAnderson, Katherine and Vader, Michael 10-004315IC Record Search Nbr - 13-429; 14-333; OHP PRN - EPA 2015 0309 001 FR-02722A 2017 Recycled Water Distribution System, Southwest Quadrant: Phase I Cultural Resources Study ESAAnderson, Katherine and Vader, Michael FR-02806 2016 Cultural Resources Inventory for the Proposed Lennar Tract No. 5449 Residential Development in the City of Fresno, Fresno County, California Applied EarthWorks, Inc.Tibbet, Josh and Baloian, Mary FR-02896 2012 Fresno Fulton Corridor Specific Plan and Downtown Neighborhoods Community Plan Project Greenwood and AssociatesSlawson, Dana N. and Kay, Michael 10-006142, 10-006143, 10-006144OHP PRN - EDA_2017_0925_001 Page 4 of 5 SSJVIC 10/18/2021 3:01:34 PM Report List Report No.Year Title AffiliationAuthor(s)ResourcesOther IDs SSJVIC Record Search 21-410 FR-02896A 2015 South Van Ness Industrial District Historic Survey, Fresno, California Historic Preservation Project Manager, City of Fresno and Hrchitecture+History, San Francisco In association with Watson Heritage Consulting Hattersley-Drayton, Karana and Stock Jody FR-02972 2018 Cultural Resources Records Search and Site Visit Results for AT&T Mobility, LLC Candidate CL01406_CVU3017 (Fresno Pacific University), 1890 South Wullow Avenue, Fresno, Fresno County, California, CASPR NO 3101A0D73E Environmental Assessment Specialists, Inc. Davis, Shane and Wills, Carrie D. OHP PRN - FCC_2018_0730_003 ; Submitter - 3701A0D73E FR-02992 2018 Basin Training Center 8 FUDS Project U.S. Army Corps of Engineers Highland, StevenOHP PRN - COE_2018_0608_00 2 Page 5 of 5 SSJVIC 10/18/2021 3:01:34 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-003930 CA-FRE-003109H Resource Name - Southern Pacific Railroad FR-00238, FR- 01770, FR-01771, FR-01772, FR- 02642, FR-02726, FR-02769, FR- 02847, FR-02942, FR-03037 Structure Historic AH07; HP11 1998 (W.L. Norton, Jones & Stokes); 1999 (S. Hooper, S. Flint, Applied EarthWorks, Inc.); 2002 (Peggy B. Murphy, Three Girls and a Shovel); 2004 (Bryan Larson, Cindy Toffelmier, JRP Historical Consulting); 2009 (Joseph Freeman, Rebecca Flores, JRP Historical Consulting); 2009 (Joseph Freeman, Rebecca Flores, JRP Historical Consulting); 2009 (Joseph Freeman, Rebecca Flores, JRP Historical Consulting); 2010 (Michael Hibma, LSA Associates); 2013 (Randy Baloian, Applied Earthworks, Inc.); 2015 (Randy Baloian, Applied EarthWorks, Inc.); 2015 (Randy Baloian, Applied Earthworks, Inc.); 2016 (J. Tibbet, Applied EarthWorks, Inc.); 2018 (Annie McCausland, Applied EarthWorks, Inc.); 2018 (Jessica Jones, Applied EarthWorks, Inc.) P-10-004248 OHP PRN - 3771-0010-0000; Resource Name - California Products Co. Building Historic HP02 1978 (Unknown) P-10-004249 OHP PRN - 3771-0011-0000; Resource Name - The Giffen Home Building Historic HP02 (Unknown) P-10-004253 OHP PRN - 3771-0015-0000; Resource Name - Shuttera Residence Building Historic HP02 1978 (Unknown) P-10-004274 OHP PRN - 3771-0035-0000; Resource Name - Sckitchfield Residence; Resource Name - Hughes Residence Building Historic HP02 (Unknown) Page 1 of 8 SSJVIC 10/18/2021 3:02:57 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-004280 Resource Name - San Joaquin Grocers Wholesale Warehouse; OHP PRN - 3771-0041-0000 Building Historic HP06 1978 (Unknown) P-10-004286 OHP PRN - 3771-0047-0000; Resource Name - Sun Maid Raisin Plant Building, Structure Historic HP33; HP95 1978 (Unknown) P-10-004287 OHP PRN - 3771-0048-0000; Resource Name - Old Barn Building Historic HP39 (Unknown) P-10-004299 OHP PRN - 3771-0059-0000; Resource Name - Mingle Transportation and Warehouse Company; Resource Name - Fresno Brewery Building Historic HP06 1978 (Unknown); 1983 (Patrick Supple) P-10-004310 OHP PRN - 3771-0071-0000; Resource Name - The Robinson Home Building Historic HP02 (Unknown) P-10-004312 OHP PRN - 3771-0073-0000; Resource Name - The Euless Home Building Historic HP02 (Unknown) P-10-004349 OHP PRN - 3771-0112-0000; Resource Name - Van Ness Entrance Gate FR-02951StructureHistoricHP461978 (Unknown) P-10-004675 Resource Name - Burlington Northern Santa Fe Railway; Other - CRM TECH 607-2H FR-01699, FR-03029StructureHistoricHP19; HP37 2000 (Bai "Tom" Tang, CRM TECH); 2019 (Robert Azpitarte, ASM Affiliates, Inc.) P-10-004677 CA-FRE-003605H Resource Name - Central Canal; OTIS Resource Number - 552642; OHP Property Number - 145600 FR-01699, FR-02504StructureHistoricHP202000 (Bai "Tom" Tang, CRM Tech); 2003 (Kelly Hobbs, J&R Environmental Services); 2004 (Bryan Larson, Cindy Toffelmier, JRP Historical Consulting) P-10-004762 Resource Name - 133 S. Peach Avenue Building Historic HP02; HP04 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Frenso, CA 93711) P-10-004763 Resource Name - 144 S. Peach Avenue Building Historic HP02; HP04 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) P-10-004764 Resource Name - 145 S. Peach Avenue Building Historic HP02 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) Page 2 of 8 SSJVIC 10/18/2021 3:02:58 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-004765 Resource Name - The Steinwand Home Building Historic HP02; HP04; HP33 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) P-10-004766 Resource Name - 317 S. Peach Avenue Building Historic HP02; HP04 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) P-10-004767 Resource Name - 358 S. Peach Avenue Building Historic HP02; HP04 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) P-10-004768 Resource Name - The John M. Euless Home; OHP Property Number - 053536 Building Historic HP02; HP04 1994 (William E. Patnaude, Lew & Patnaude, Inc.) P-10-004769 Resource Name - 270 N. Peach Avenue Building Historic HP02 2001 (w. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) P-10-004770 Resource Name - 284 N. Peach Avenue Building Historic HP02; HP04 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) P-10-005120 Resource Name - Martin Dedkian Residence; Resource Name - Mardiros S. Asadoorian Residence Building Historic HP02 1992 (Linda Dick Bissonnette, Cultural Resources Consulting) P-10-005121 Resource Name - Kings Canyon- Peach Site; Mosesian & Sons; San Joaquin Winery; Resource Name - Fresno Vineyard Company; Fresno Winery; Easterby Rancho; Banner Farm Building Historic HP08 1992 (Linda Dick Bissonnette, Cultural Resources Consulting) P-10-005225 Resource Name - The Lindstrom Residence; Resource Name - The Olivas Residence; OHP Property Number - 125797 Building Historic HP02 1997 (Dolores Mellon, City of Fresno) Page 3 of 8 SSJVIC 10/18/2021 3:02:58 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-005305 Resource Name - USDA Horticultural Field Station; OHP Property Number - 165364; OHP Property Number - 165365; OHP Property Number - 165366; OHP Property Number - 165367; OHP Property Number - 165368; OTIS Resource Number - 532962; OTIS Resource Number - 532963; OTIS Resource Number - 532964; OTIS Resource Number - 532965; OTIS Resource Number - 532966 FR-02000, FR-02217Building, District Historic HP04; HP14; HP30; HP33; HP35 2003; 2005 (W. Nettles, Applied EarthWorks, Inc.) P-10-005306 Resource Name - 4808 E. Balch Avenue; Resource Name - All of Lot 9 and the East 20 feet of Lot 10 in Block 2 of Mitchell Simpson Tract, City of Fresno; OHP Property Number - 145661 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005307 Resource Name - 4814 E. Balch Avenue; Resource Name - Lot 8 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145662 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005308 Resource Name - 4818 E. Balch Avenue; Resource Name - Lot 7 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145663 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005309 Resource Name - 4826 E. Balch Avenue; Resource Name - Lot 5 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145664 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005310 Resource Name - 4830 E. Balch Avenue; Resource Name - Lot 4 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145665 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) Page 4 of 8 SSJVIC 10/18/2021 3:02:58 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-005311 Resource Name - 4836 E. Balch Avenue; Resource Name - Lot 3 in Block 2 of Mitchell Simpson Tract, City of Fresno; OHP Property Number - 145666 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005312 Resource Name - 4844 E. Balch Avenue; Resource Name - Lot 1 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145667 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005313 Resource Name - 4845 E. Inyo Avenue; Resource Name - Lot 20 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145668 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005314 Resource Name - 4841 E. Inyo Avenue; Resource Name - Lot 19 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145669 FR-01979BuildingHistoricHP02; HP04 2003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005315 Resource Name - 4835 E. Inyo Avenue; Resource Name - Lot 18 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145670 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005316 Resource Name - 4831 E. inyo Avenue; OHP Property Number - 145671 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005317 Resource Name - 4827 E. Inyo Avenue; Resource Name - Lot 16 in Block 2 of Mitchell Simpson Tract, in the City of Fresno; OHP Property Number - 145672 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005318 Resource Name - 4821 E. Inyo Avenue; Resource Name - Lot 15 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145673 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) Page 5 of 8 SSJVIC 10/18/2021 3:02:58 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-005319 Resource Name - 4817 E. Inyo Avenue; Resource Name - Lot 14 in Block 2 of Mitchell Simpson; OHP Property Number - 145674 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005320 Resource Name - 4813 E. Inyo Avenue; Resource Name - Lot 13 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145675 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005321 Resource Name - 4808 E. Inyo Avenue; Resource Name - Lot 9 and the East 20 feet of Lot 10 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 081243 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005322 Resource Name - 4812 E. Inyo Avenue; Resource Name - Lot 8 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145676 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005323 Resource Name - 4816 E. Inyo Avenue; Resource Name - Lot 7 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145677 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005324 Resource Name - 4822 E. Inyo Avenue; Resource Name - Lot 6 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145678 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005325 Resource Name - 4826 E. Inyo Avenue; Resource Name - Lot 5 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145679 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005326 Resource Name - 4830 E. Inyo Avenue; Resource Name - Lot 4 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145680 FR-01979BuildingProtohistoric, Historic HP02 2003 (David Livingstone, Applied EarthWorks, Inc.) Page 6 of 8 SSJVIC 10/18/2021 3:02:59 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-005327 Resource Name - 4834 E. Inyo Avenue; Resource Name - Lot 3 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145681 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005328 Resource Name - 4840 E. Inyo Avenue; Resource Name - Lot 2 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145682 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005329 Resource Name - 4844 E. Inyo Avenue; Resource Name - Lot 1 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145683 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005330 Resource Name - 4845 E. Mono Avenue; Resource Name - Lot 20 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145684 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005331 Resource Name - 4841 E. Mono Avenue; Resource Name - Lot 19 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145712 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005332 Resource Name - 4835 E. Mono Avenue; Resource Name - Lot 18 in Block 3 in Mitchell Simpson Tract; OHP Property Number - 145713 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005333 Resource Name - 4831 E. Mono Avenue; Resource Name - The East 1/2 of Lot 16 and all of Lot 17 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145714 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005334 Resource Name - 4817 E. Mono Avenue; Resource Name - The West 7 feet of Lot 15 and all of Lot 14 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145715 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) Page 7 of 8 SSJVIC 10/18/2021 3:02:59 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-005335 Resource Name - 4815 E. Mono Avenue; Resource Name - Lot 13 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145716 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005336 Resource Name - 4809 E. Mono Avenue; Resource Name - Lot 12 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 081244 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-006224 Resource Name - Berberian Residence; Resource Name - Map Reference No.1; Resource Name - Portion of Lot 24 of the Newhall Tract; OHP Property Number - 145597; OTIS Resource Number - 552639 FR-02504BuildingHistoricHP022003 (Kelly Hobbs, J & R Environmental Services) P-10-006225 Resource Name - Map Reference No.2; Resource Name - Garza Residence; OHP Property Number - 145598; OTIS Resource Number - 552640 FR-02504BuildingHistoricHP022003 (Kelly Hobbs, J & R Environmental Services) P-10-006594 Resource Name - S-31 FR-02284BuildingHistoricHP021992 (Ronald Reiss, Ana Koval, Architectural Resources Group) P-10-006595 Resource Name - S-32 FR-02284BuildingHistoricHP021992 (Gordon White, Ana Korval, Architectural Resources Group) P-10-006596 Resource Name - S-33 FR-02284BuildingHistoricHP021992 (Gordon White, Ana Koval, Architectural Resources Group) P-10-006599 Resource Name - S-68 FR-02284BuildingHistoricHP021992 (Ronald Reiss, Ana Koval, Architectural Resources Group) P-10-006600 Resource Name - S-69 FR-02284BuildingHistoricHP031992 (Gordon White, Ana Koval, Architectural Resources Group) P-10-006601 Resource Name - S-70 FR-02284BuildingHistoricHP021992 (Ronald Reiss, Ana Koval, Architectural Resources Group) P-10-007094 CA-FRE-003856H Resource Name - APN 478-162- 01 Historical Deposit Site Historic AH04 2018 (P. Zimmer, ESA - Environmental Science Associates) Page 8 of 8 SSJVIC 10/18/2021 3:03:00 PM THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions A.3 - Native American Heritage Commission Request, Response, and Letters THIS PAGE INTENTIONALLY LEFT BLANK Local Government Tribal Consultation List Request Native American Heritage Commission 1550 Harbor Blvd, Suite 100 West Sacramento, CA 95691 916-373-3710 916-373-5471 – Fax nahc@nahc.ca.gov Type of List Requested ☐ CEQA Tribal Consultation List (AB 52) – Per Public Resources Code § 21080.3.1, subs. (b), (d), (e) and 21080.3.2 ☐ General Plan (SB 18) - Per Government Code § 65352.3. Local Action Type: ___ General Plan ___ General Plan Element ___ General Plan Amendment ___ Specific Plan ___ Specific Plan Amendment ___ Pre-planning Outreach Activity Required Information Project Title:____________________________________________________________________________ Local Government/Lead Agency: ___________________________________________________________ Contact Person: __________________________________________________________________________ Street Address: ___________________________________________________________________________ City:_____________________________________________________ Zip:__________________________ Phone:____________________________________ Fax:_________________________________________ Email:_____________________________________________ Specific Area Subject to Proposed Action County:________________________________ City/Community: ___________________________ Project Description: Additional Request ☐ Sacred Lands File Search - Required Information: USGS Quadrangle Name(s):____________________________________________________________ ____________________________________________________________ Township:___________________ Range:___________________ Section(s):___________________ 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius STATE OF CALIFORNIA Gavin Newsom, Governor NATIVE AMERICAN HERITAGE COMMISSION Page 1 of 2 November 14, 2021 Dr. Dana DePietro FirstCarbon Solutions Via Email to: ddepietro@fcs-intl.com & mdolan@fcs-intl.com Re: Native American Tribal Consultation, Pursuant to the Assembly Bill 52 (AB 52), Amendments to the California Environmental Quality Act (CEQA) (Chapter 532, Statutes of 2014), Public Resources Code Sections 5097.94 (m), 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, Fresno Central Southeast Area Specific Plan Project, Fresno County Dear Dr. DePietro: Pursuant to Public Resources Code section 21080.3.1 (c), attached is a consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the above-listed project. Please note that the intent of the AB 52 amendments to CEQA is to avoid and/or mitigate impacts to tribal cultural resources, (Pub. Resources Code §21084.3 (a)) (“Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.”) Public Resources Code sections 21080.3.1 and 21084.3(c) require CEQA lead agencies to consult with California Native American tribes that have requested notice from such agencies of proposed projects in the geographic area that are traditionally and culturally affiliated with the tribes on projects for which a Notice of Preparation or Notice of Negative Declaration or Mitigated Negative Declaration has been filed on or after July 1, 2015. Specifically, Public Resources Code section 21080.3.1 (d) provides: Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, which shall be accomplished by means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to this section. The AB 52 amendments to CEQA law does not preclude initiating consultation with the tribes that are culturally and traditionally affiliated within your jurisdiction prior to receiving requests for notification of projects in the tribe’s areas of traditional and cultural affiliation. The Native American Heritage Commission (NAHC) recommends, but does not require, early consultation as a best practice to ensure that lead agencies receive sufficient information about cultural resources in a project area to avoid damaging effects to tribal cultural resources. The NAHC also recommends, but does not require that agencies should also include with their notification letters, information regarding any cultural resources assessment that has been completed on the area of potential effect (APE), such as: 1. The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to: CHAIRPERSON Laura Miranda Luiseño VICE CHAIRPERSON Reginald Pagaling Chumash PARLIAMENTARIAN Russell Attebery Karuk COMMISSIONER William Mungary Paiute/White Mountain Apache COMMISSIONER Isaac Bojorquez Ohlone-Costanoan COMMISSIONER Sara Dutschke Miwok COMMISSIONER Buffy McQuillen Yokayo Pomo, Yuki, Nomlaki COMMISSIONER Wayne Nelson Luiseño COMMISSIONER Stanley Rodriguez Kumeyaay EXECUTIVE SECRETARY Christina Snider Pomo NAHC HEADQUARTERS 1550 Harbor Boulevard Suite 100 West Sacramento, California 95691 (916) 373-3710 nahc@nahc.ca.gov NAHC.ca.gov Page 2 of 2 • A listing of any and all known cultural resources that have already been recorded on or adjacent to the APE, such as known archaeological sites; • Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; • Whether the records search indicates a low, moderate, or high probability that unrecorded cultural resources are located in the APE; and • If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present. 2. The results of any archaeological inventory survey that was conducted, including: • Any report that may contain site forms, site significance, and suggested mitigation measures. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code section 6254.10. 3. The result of any Sacred Lands File (SLF) check conducted through the Native American Heritage Commission was negative. 4. Any ethnographic studies conducted for any area including all or part of the APE; and 5. Any geotechnical reports regarding all or part of the APE. Lead agencies should be aware that records maintained by the NAHC and CHRIS are not exhaustive and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource. This information will aid tribes in determining whether to request formal consultation. In the event that they do, having the information beforehand will help to facilitate the consultation process. If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance, we can assure that our consultation list remains current. If you have any questions, please contact me at my email address: Andrew.Green@nahc.ca.gov. Sincerely, Andrew Green Cultural Resources Analyst Attachment Big Sandy Rancheria of Western Mono Indians Elizabeth Kipp, Chairperson P.O. Box 337 Auberry, CA, 93602 Phone: (559) 374 - 0066 Fax: (559) 374-0055 lkipp@bsrnation.com Western Mono Cold Springs Rancheria of Mono Indians Carol Bill, Chairperson P.O. Box 209 Tollhouse, CA, 93667 Phone: (559) 855 - 5043 Fax: (559) 855-4445 coldsprgstribe@netptc.net Mono Dumna Wo-Wah Tribal Government Robert Ledger, Chairperson 2191 West Pico Ave. Fresno, CA, 93705 Phone: (559) 540 - 6346 ledgerrobert@ymail.com Foothill Yokut Mono Kings River Choinumni Farm Tribe Stan Alec, 3515 East Fedora Avenue Fresno, CA, 93726 Phone: (559) 647 - 3227 Foothill Yokut North Fork Rancheria of Mono Indians Elaine Fink, Chairperson P.O .Box 929 North Fork, CA, 93643 Phone: (559) 877 - 2461 Fax: (559) 877-2467 efink@nfr-nsn.gov Mono North Valley Yokuts Tribe Katherine Perez, Chairperson P.O. Box 717 Linden, CA, 95236 Phone: (209) 887 - 3415 canutes@verizon.net Costanoan Northern Valley Yokut North Valley Yokuts Tribe Timothy Perez, P.O. Box 717 Linden, CA, 95236 Phone: (209) 662 - 2788 huskanam@gmail.com Costanoan Northern Valley Yokut Picayune Rancheria of Chukchansi Indians Claudia Gonzales, Chairwoman P.O. Box 2226 Oakhurst, CA, 93644 Phone: (599) 412 - 5590 cgonzales@chukchansitribe.net Foothill Yokut Table Mountain Rancheria Brenda Lavell, Chairperson P.O. Box 410 Friant, CA, 93626 Phone: (559) 822 - 2587 Fax: (559) 822-2693 rpennell@tmr.org Yokut Traditional Choinumni Tribe David Alvarez, Chairperson 2415 E. Houston Avenue Fresno, CA, 93720 Phone: (559) 217 - 0396 Fax: (559) 292-5057 davealvarez@sbcglobal.net Foothill Yokut Tule River Indian Tribe Neil Peyron, Chairperson P.O. Box 589 Porterville, CA, 93258 Phone: (559) 781 - 4271 Fax: (559) 781-4610 neil.peyron@tulerivertribe-nsn.gov Yokut Wuksache Indian Tribe/Eshom Valley Band Kenneth Woodrow, Chairperson 1179 Rock Haven Ct. Salinas, CA, 93906 Phone: (831) 443 - 9702 kwood8934@aol.com Foothill Yokut Mono 1 of 1 This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and section 5097.98 of the Public Resources Code. This list is only applicable for consultation with Native American tribes under Public Resources Code Sections 21080.3.1 for the proposed Fresno Central Southeast Area Specific Plan Project, Fresno County. PROJ-2021- 005593 11/14/2021 05:53 PM Native American Heritage Commission Tribal Consultation List Fresno County 11/14/2021 UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Traditional Choinumni Tribe David Alvarez, Chairperson 2415 E. Houston Avenue Fresno, CA, 93720 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Alvarez: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the si te for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands F ile (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Cold Springs Rancheria of Mono Indians Carol Bill, Chairperson P.O. Box 209 Tollhouse, CA, 93667 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Bill: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 North Fork Rancheria of Mono Indians Elaine Fink, Chairperson P.O .Box 929 North Fork, CA, 93643 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Fink: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Picayune Rancheria of Chukchansi Indians Claudia Gonzales, Chairwoman P.O. Box 2226 Oakhurst, CA, 93644 Subject: Proposed Central Southeast Specific Plan Project Dear Chairwoman Gonzales: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Big Sandy Rancheria of Western Mono Indians Elizabeth Kipp, Chairperson P.O. Box 337 Auberry, CA, 93602 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Kipp: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Table Mountain Rancheria Brenda Lavell, Chairperson P.O. Box 410 Friant, CA, 93626 Subject: Proposed Central Southeast Specific Plan Project Dear Chairwoman Lavell: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands F ile (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Dumna Wo-Wah Tribal Government Robert Ledger, Chairperson 2191 West Pico Ave. Fresno, CA, 93705 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Ledger: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 North Valley Yokuts Tribe Katherine Perez, Chairperson P.O. Box 717 Linden, CA, 95236 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Perez: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Tule River Indian Tribe Neil Peyron, Chairperson P.O. Box 589 Porterville, CA, 93258 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Peyron: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands F ile (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Kings River Choinumni Farm Tribe Stan Alec 3515 East Fedora Avenue Fresno, CA, 93726 Subject: Proposed Central Southeast Specific Plan Project Dear Stan Alec: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 North Valley Yokuts Tribe Timothy Perez P.O. Box 717 Linden, CA, 95236 Subject: Proposed Central Southeast Specific Plan Project Dear Timothy Perez: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Wuksache Indian Tribe/Eshom Valley Band Kenneth Woodrow, Chairperson 1179 Rock Haven Ct. Salinas, CA, 93906 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Woodrow: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands F ile (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions Transportation Supporting Information THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions B.1 - Final Traffic Study Memorandum THIS PAGE INTENTIONALLY LEFT BLANK Memo To: Drew Wilson From: Derek Rapp, TE Dennis Lammers, PTP City of Fresno Santa Barbara Office File: 2064158700 Date: February 15, 2022 Reference: Fresno Central Southeast Area Specific Plan – Final Traffic Study The following Final Traffic Study provides an overview of potential traffic impacts generated by the Central Southeast Area Specific Plan (CSESP) Land Use Plan. The study compares the growth projections developed by Raimi + Associates (December 19, 2019) for the Specific Plan Area to land use assumptions applied in the City of Fresno General Plan Recirculated Public Review Draft Program Environmental Impact Report (PEIR) (March 2021) and evaluates the traffic volume changes for each Traffic Analysis Zone (TAZ) in the Specific Plan Area under General Plan (2035) conditions. A Vehicle Miles Traveled (VMT) analysis is provided in a separate document. Comments provided by City staff on the Draft Traffic Study (August 23, 2021) are also incorporated in this Final Traffic Study. EXISTING CONDITIONS The Central Southeast Area Specific Plan (CSESP) encompasses approximately 14 city blocks in the southeast portion of the City of Fresno. The Specific Plan is bordered by Belmont Avenue to the north, East Avenue to the west, Church Avenue to the south, and Peach Avenue to the east. The Plan Area is served by a network of arterials, collectors and local streets. Based on information contained in the General Plan PEIR Appendix J – Traffic Impact Analysis (March 2021), the existing 2035 AM and PM peak hour roadway analysis includes 282 roadways located throughout the City of Fresno, of which 18 roadway segments are located in or directly adjacent to the Specific Plan Area. These 18 roadway segments would potentially be affected by peak hour volume changes resulting from the CSESP Land Use Plan and are evaluated in this traffic and circulation study. These segments are listed in Table 1 along with the existing level of service (LOS) designation. A table showing the AM and PM peak hour volumes is attached for reference. The City has four Traffic Impact Zones (TIZ I through IV) with different LOS thresholds. In addition, TIZ U denotes unincorporated Fresno County. The Specific Plan roadway segments are located in all five zones, for which the peak hour LOS standards are LOS D through F. As shown in Table 1, all roadway segments included in this analysis currently operate at acceptable service levels based on the level of service data contained in the General Plan PEIR and the City’s TIZ LOS standards. February 15, 2022 Drew Wilson Page 2 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study Table 1 Existing AM and PM Peak Hour Roadway Levels of Service # Roadway Segment TIZ/LOS Standard Classification LOS No. of Lanes AM Peak Hour PM Peak Hour 83 Cedar Ave Church Ave and Jensen Ave II/LOS E Arterial 4 A A 84 California Ave and Church Ave U/LOS D Arterial 4 A A 85 Belmont Ave and Tulare St I/LOS F Arterial 4 B C 92 Maple Ave Church Ave and Jensen Ave III/LOS D Collector 4 A A 93 Chestnut Ave Church Ave and Jensen Ave III/LOS D Arterial 4 A A 94 Tulare St and Kings Cyn Rd II/LOS E Arterial 4 A A 95 Belmont Ave to Tulare St II/LOS E Arterial 4 A A 108 Peach Ave Kings Cyn Rd to Butler St II/LOS E Arterial 4 A A 109 Belmont Ave to Tulare St II/LOS E Arterial 4 A A 234 Belmont Ave First St to Cedar Ave I/LOS F Arterial 4 A A 235 Willow Ave to Peach Ave U/LOS D Arterial 4 A A 251 Kings Cyn Rd Maple Ave to Chestnut Ave II/LOS E Arterial 4 A A 252 Chestnut Ave to Willow Ave II/LOS E Arterial 4 A A 257 Butler Ave Hazelwood Blvd to Orange Ave I/LOS F Collector 2 A A 261 Church Ave Orange Ave to Cedar Ave U/LOS D Collector 4 A A 262 Cedar Ave to Maple Ave III/LOS D Collector 3 A A 267 Jensen Ave Cedar Ave to Maple Ave IV/LOS E Expressway 4 A A 268 Maple Ave to Chestnut Ave IV/LOS E Expressway 4 A A . GENERAL PLAN (2035) CONDITIONS General Plan 2035 traffic volumes contained in the PEIR were developed using the Fresno COG travel demand model (ABM) and are based on socioeconomic data (SED) for the year 2035 as included in the 2050 Fresno County Growth Projections report prepared by Fresno COG. Detailed technical information regarding the development of 2035 volumes is presented in the General Plan PEIR Appendix J – Traffic Impact Analysis and its technical appendices. February 15, 2022 Drew Wilson Page 3 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study The General Plan (2035) conditions analysis includes implementation of the Circulation Element configuration of the roadway network to reflect the City’s Mobility goals. Based on the General Plan Circulation Element, the following modifications are proposed to be implemented to the roadway segments in the CSESP Plan Area:  Jensen Avenue will be widened to a six-lane Super Arterial between Orange Avenue and Highland Avenue.  Church Avenue will be widened to a four-lane Collector from Cedar Avenue to Maple Avenue.  Belmont Avenue will be converted from a four-lane Arterial to a two-lane Collector from First Street to Cedar Street. Table 2 summarizes the General Plan 2035 roadway segment peak hour volumes and levels of service for the 18 roadway segments the CSESP Plan Area. A table showing the 2035 AM and PM peak hour volumes is attached for reference. Table 2 indicates that the roadway segments included in this study are forecast to operate at acceptable service levels under General Plan 2035 conditions based on the City’s TIZ LOS standards. Table 2 2035 AM and PM Peak Hour Roadway Levels of Service General Plan with Circulation Element Roadway Network  # Roadway Segment TIZ/LOS Standard Classification LOS No. of Lanes AM Peak Hour PM Peak Hour 83 Cedar Ave Church Ave and Jensen Ave II/LOS E Arterial 4 A A 84 California Ave and Church Ave U/LOS D Arterial 4 A A 85 Belmont Ave and Tulare St I/LOS F Arterial 4 C C 92 Maple Ave Church Ave and Jensen Ave III/LOS D Collector 4 A A 93 Chestnut Ave Church Ave and Jensen Ave III/LOS D Arterial 4 A A 94 Tulare St and Kings Cyn Rd II/LOS E Arterial 4 A A 95 Belmont Ave to Tulare St II/LOS E Arterial 4 A A 108 Peach Ave Kings Cyn Rd to Butler St II/LOS E Arterial 4 A A 109 Belmont Ave to Tulare St II/LOS E Arterial 4 A A 234 Belmont Ave First St to Cedar Ave I/LOS F Collector 2 B F 235 Willow Ave to Peach Ave U/LOS D Arterial 4 A A 251 Kings Cyn Rd Maple Ave to Chestnut Ave II/LOS E Arterial 4 A A 252 Chestnut Ave to Willow Ave II/LOS E Arterial 4 A A February 15, 2022 Drew Wilson Page 4 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study 257 Butler Ave Hazelwood Blvd to Orange Ave I/LOS F Collector 2 B B 261 Church Ave Orange Ave to Cedar Ave U/LOS D Collector 4 A A 262 Cedar Ave to Maple Ave III/LOS D Collector 3 A A 267 Jensen Ave Cedar Ave to Maple Ave IV/LOS E Super Arterial 6 A A 268 Maple Ave to Chestnut Ave IV/LOS E Super Arterial 6 A A CSESP 2035 CONDITIONS CSESP Land Use Assumptions To determine the traffic volume changes within the Specific Plan resulting from the CSESP Land Use Plan and assumptions, a comparison is provided between the land use assumptions used in the 2014 City of Fresno General Plan and Development Code Update Master Environmental Impact Report (MEIR) with the currently proposed CSESP Land Use Plan. The 2021 General Plan PEIR does not provide specific information regarding housing unit and/or non-residential square foot increases per TAZ for the Year 2035. The socioeconomic data used in the Fresno COG traffic model for the PEIR is derived from housing unit and employment (job) increase projections contained in the previous 2014 General Plan MEIR. Thus, the residential and non-residential data for the Specific Plan contained in the 2014 MEIR are consistent with the data used for the 2021 PEIR. The CSESP Land Use Plan is based on the growth projections and capacity analysis completed by Raimi + Associates for the Specific Plan Area with a 2035 horizon. The growth projections assume the maximum amount of residential and non-residential development that could occur on each vacant or underutilized parcels. A growth adjustment scenario was provided that assumes 60 percent of the maximum residential growth and 40 percent of the maximum non-residential growth could occur by the 2035 horizon. To provide a traffic comparison that is consistent with the 2021 PEIR, the analysis applies the reasonable growth projection that could occur by 2035. The General Plan land use growth data in the 2014 MEIR is provided in housing units and employment (jobs). Jobs were converted into non-residential square feet (SF) in order to develop trip generation estimates, because trip generation rates per SF are more stable than rates per employee (jobs) and are the industry standard. To generate trip estimates for the non-residential land uses included in the MEIR, Stantec converted the job increase per TAZ to square footage based on land use assumptions (Office, Retail, Light Industrial etc.) and the relationship between ITE rate for employees and ITE rate for KSF for each land use. For example, ITE Land Use #710 - General Office Building has a trip generation rate of 9.74 Average Daily Trips (ADT) per KSF and a rate of 3.28 ADT per employee. Based on this relationship, there are 3 employees per 1,000 SF (9.74 / 3.28). Thus, if the 2014 MEIR projected a growth of 12 jobs under the land use Office, the resulting building square footage would be 4,000 SF. February 15, 2022 Drew Wilson Page 5 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study Table 3 provides an overview of the proposed land use changes per Specific Plan TAZ. As shown, the proposed CSESP Land Use Plan would result in residential and non-residential development slightly below the growth projected in the General Plan buildout (278 fewer housing units and 128,858 fewer square feet (SF) of non- residential building space). Table 3 2035 General Plan and CSESP Land Use Growth Comparison TAZ GP Housing Units CSESP Housing Units Change in Housing Units GP Non- Residential SF CSESP Non- Residential SF Change in Non- Residential SF 1430 2 5 3 4,000 0 -4,000 1431 203 389 186 41,524 23,717 -17,807 1433 282 79 -203 96,595 7,145 -89,540 1445 31 37 6 28,261 3,460 -24,801 1447 13 55 42 0 3,390 3,390 1448 12 0 -12 8,581 0 -8,581 1449 119 281 162 37,453 24,652 -12,081 1450 101 295 194 12,878 17,459 4,581 1451 0 117 117 0 0 0 1452 228 526 298 54,255 36,050 -18,205 1453 293 54 -239 98,439 725 -97,714 1454 86 127 41 0 9,405 9,405 1455 3 3 0 0 0 0 1469 836 0 -836 0 30,334 30,334 1472 0 0 0 22,085 69,333 47,248 1474 0 82 82 285,276 323,860 38,584 1476 196 289 93 0 10,589 10,589 1478 372 160 -212 3,630 0 -3,630 1535 0 0 0 0 0 0 TOTAL 2,777 2,499 -278 692,977 560,119 -128,858 Trip Generation Estimates Trip generation estimates were developed for each TAZ in the Specific Plan Area based on the anticipated housing unit and non-residential square-footage growth, and trip generation rates contained in the Institute of Transportation Engineers (ITE) Trip Generation Manual (10th Edition, 2017) for each projected land use. Detailed trip generation worksheets are attached for reference. The trip generation estimates per TAZ are summarized in Table 4. February 15, 2022 Drew Wilson Page 6 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study Table 4 2035 General Plan and CSESP Trip Generation Estimates Comparison TAZ General Plan PEIR CSESP Change ADT AM PHT PM PHT ADT AM PHT PM PHT ADT AM PHT PM PHT 1430 58 6 7 47 4 5 -11 -2 -2 1431 3,250 191 451 3,908 247 443 658 56 -8 1433 5,450 254 688 800 43 108 -4650 -211 -580 1445 968 44 174 378 20 58 -590 -24 -116 1447 95 6 8 505 28 68 410 22 60 1448 488 38 26 0 0 0 -488 -38 -26 1449 2,060 123 283 2,815 147 194 755 24 -89 1450 1,253 73 181 2,555 194 195 1302 121 14 1451 0 0 0 1,104 87 116 1104 87 116 1452 3,437 175 427 5,180 306 556 1743 131 129 1453 5,487 230 661 465 32 53 -5022 -198 -608 1454 812 64 85 1,221 68 150 409 4 65 1455 28 3 3 28 3 3 0 0 0 1469 6,120 384 468 332 49 31 -5788 -335 -437 1472 110 15 14 1,199 149 82 1089 134 68 1474 1,415 200 180 3,720 215 221 2305 15 41 1476 1,850 154 194 2,573 196 223 723 42 29 1478 3,594 287 374 1,290 89 114 -2304 -198 -260 1535 0 0 0 0 0 0 0 0 0 Subtotal 36,474 2,249 4,234 27,591 1,877 2,620 -8,883 -372 -1614 Pass-By Trips1 -1,098 -29 -643 -308 -8 -209 (-)781 (-)21 (-)434 TOTAL 35,376 2,220 3,591 27,283 1,869 2,411 -8,102 -351 -1,180 ADT = average daily trips. PHT = peak hour trips. 1 A pass-by rate of 34% (ITE Trip Generation Manual) is applied to commercial land uses to account for vehicles already on the adjacent roadway system that visit the site. The trip generation data contained in Table 4 indicates that compared to the General Plan, the proposed CSESP land use changes would result in an overall reduction of traffic in the Specific Plan area of 8,102 average daily trips (ADT), a reduction of 351 AM peak hour trips and a reduction of 1,180 PM peak hour trips compared to GP 2035 conditions. Significant peak hour trip reductions are expected in four TAZ’s (1433, 1453, 1469 and February 15, 2022 Drew Wilson Page 7 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study 1478), while any potential trip increase per TAZ is moderate with a maximum of 134 peak hour trips in TAZ 1472. Roadway Segment Impact Assessment The roadway segment analysis contained in the PEIR focusses on 282 roadways located throughout the City of Fresno, of which 18 roadway segments are located in or directly adjacent to the Specific Plan Area. The existing conditions analysis indicates that the 18 roadway segments that could be affected by Specific Plan land use changes currently operate at acceptable service levels based on the City’s TIZ LOS standards. The PEIR also indicates that all 18 roadway segments are forecast to operate at acceptable service levels under General Plan 2035 with Circulation Element conditions based on the City’s TIZ LOS standards. The Specific Plan area trip generation estimates outlined in this study found that the CSESP Land Use Plan would result in an overall reduction of traffic in the Specific Plan area of 8,102 ADT, a reduction of 351 AM peak hour trips and a reduction of 1,180 PM peak hour trips compared to GP 2035 conditions. With respect to roadway segment operations, the following finding are made:  4 TAZ’s could expect significant peak hour trip reductions (more than 260 PHT), which would result in increased levels of service on the roadway segments directly adjacent to each TAZ.  10 TAZ’S could expect slight peak hour trip reductions or increase (-89 PHT to 65 PHT), which would not result in noticeable traffic volume change once distributed onto the study-area roadway network.  4 TAZ’s could expect moderate peak hour trip increases (more than 100 PHT to 150 PHT), which would result in slight increases in traffic volume on the roadway segments directly adjacent to each TAZ. These slight increases would not have the potential to change the 2035 roadway segment level of service levels contained in the PEIR. Table 2 indicated that 17 of the 18 roadway segments included in this study are expected to operate at LOS A- C under 2035 GP with Circulation Element conditions, well within each roadway’s minimum level of service standard. One segment – Belmont Avenue between First Street and Cedar Avenue - will be reduced from 4 lanes to 2 lanes and is expected to operate in the LOS F range per the General Plan PEIR (see Table 2). Given that Belmont Ave is on the northern boundary of the Specific Plan area and the nearest TAZ (1430) would see a reduction in trips assuming the CSESP Land Use Plan, no changes to the roadway segment’s level of service would occur. Conclusions The level of service data and trip generation data provided in this study indicates that the CSESP Land Use Plan would not result in any changes to the roadway segment peak hour levels of service contained in City of Fresno General Plan Recirculated Public Review Draft Program Environmental Impact Report (PEIR) (March 2021). February 15, 2022 Drew Wilson Page 8 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study Appendix A February 15, 2022 Drew Wilson Page 9 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study Land Use GP GP GP TAZ Map #Housing Units Rate In Out Rate In Out Jobs SF Conversion ITE 10th Edition rates applied to GP employees Rate In Out Rate In Out 1430 6 2 0.74 0 1 0.99 1 1 #210 - Simgle-Family Detached Housing 4,000 12 12/3 = 4,000 Office: 3.0 employees/KSF 1.16 4 1 1.15 1 4 office/limited retail 1431 - 203 0.74 38 113 0.99 127 74 #210 - Simgle-Family Detached Housing 41,524 103 25/3 = 8,333 78/2.35 = 33,191 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 8 2 1.15 2 8 center mixed use (mixed office/retail)0.94 19 12 FC 115 125 1433 - 141 0.46 15 50 0.56 50 29 #220 - Multi-Family Housing (Low-Rise) 96,595 240 60/3 = 20,000 180/2.35 = 76,595 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 20 3 1.15 4 19 141 0.74 26 78 0.99 88 52 #210 - Simgle-Family Detached Housing center mixed use (mixed office/retail)0.94 45 27 FC 214 232 1445 1 31 0.46 3 11 0.56 11 6 #220 - Multi-Family Housing (Low-Rise) 28,261 74 35/3 = 11,666 39/2.35 = 16,595 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 12 2 1.15 2 11 commercial & office 0.94 10 6 FC 69 75 1447 1 13 0.46 1 5 0.56 5 3 #220 - Multi-Family Housing (Low-Rise) 0 0 - 1448 - 12 0.74 2 7 0.99 7 4 #210 - Simgle-Family Detached Housing 8,581 26 26/3.03 = 8,581 Govt Office: 3.03 employees/KSF 3.34 21 8 1.71 4 11 public & institutional 1449 2 & 3 89 0.46 9 32 0.56 31 18 #220 - Multi-Family Housing (Low-Rise) 37,453 98 30/3.03 = 9,900 15/3 = 5,000 53/2.35 = 22,553 Govt Office: 3.03 employees/KSF Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 3.34 25 8 1.71 4 13 30 0.74 6 17 0.99 19 11 #210 - Simgle-Family Detached Housing public & institutional community commercial 1.16 5 1 1.15 1 5 0.94 13 8 FC 86 94 1450 4 51 0.46 5 18 0.56 18 11 #220 - Multi-Family Housing (Low-Rise) 12,878 32 8/3 = 2,666 24/2.35 = 10,212 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 3 0 1.15 0 3 50 0.74 9 28 0.99 31 18 #210 - Simgle-Family Detached Housing community commercial 0.94 6 4 FC 48 52 1451 - 0 0 0 - 1452 - 228 0.46 24 81 0.56 80 47 #220 - Multi-Family Housing (Low-Rise) 54,255 134 30/3 = 10,000 104/2.35 = 44,255 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 10 2 1.15 2 10 center mixed use (mixed office/retail)0.94 42 16 FC 142 155 1453 7 293 0.46 31 104 0.56 103 61 #220 - Multi-Family Housing (Low-Rise) 98,439 240 40/3 = 13,333 200/2.35 = 85,106 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 13 2 1.15 2 13 center mixed use (mixed office/retail)0.94 50 30 FC 231 251 1454 5 86 0.74 16 48 0.99 54 32 #210 - Simgle-Family Detached Housing 0 0 - 1455 - 3 0.74 1 2 0.99 2 1 #210 - Simgle-Family Detached Housing 0 0 - 1469 - 836 0.46 88 296 0.56 295 173 #220 - Multi-Family Housing (Low-Rise) 0 0 - 1472 11 0 22,085 36 36/1.63 = 22,085 Light Industrial: 1.63 employees/KSF 0.7 13 2 0.63 2 12 Light industrial 1474 10 & 11 0 285,276 465 465/1.63 = 285,276 Light Industrial: 1.63 employees/KSF 0.7 176 24 0.63 23 157 light industrial 1476 9 196 0.74 36 109 0.99 122 72 #210 - Simgle-Family Detached Housing 0 0 1478 8 372 0.74 69 206 0.99 232 136 #210 - Simgle-Family Detached Housing 3,630 11 11/3.03 = 3,630 Govt Office: 3.03 employees/KSF 3.34 9 3 1.71 1 5 civic uses 1535 - 0 0 0 0 - TOTAL 2,777 381 1,203 1,276 750 692,977 1,471 504 161 953 1,255 Retail Pass-By Rate: 10% AM PHT and 34% PM PHT 19 10 308 335 2035 GP - RESIDENTIAL TRIP GENERATION 2035 GP - NON-RESIDENTIAL TRIP GENERATION TAZ GP Non-Residential SF AM Peak Hour PM Peak Hour Trip GenerationTrip Generation AM Peak Hour PM Peak Hour Land Use CSESP CSESP TAZ Map #Housing Units Rate In Out Rate In Out Jobs Zoning ITE 10th Edition rates applied to CSESP employees Rate In Out Rate In Out 1430 6 5 0.74 1 3 0.99 3 2 #210 - Simgle-Family Detached Housing 0 0 - 1431 -233 0.46 25 83 0.56 82 48 #220 - Multi-Family Housing (Low-Rise) 23,717 54 5.930x3 = 12 17.787x2.35 = 42 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 6 1 1.15 1 6 156 0.74 29 87 0.99 97 57 #210 - Simgle-Family Detached Housing center mixed use (mixed office/retail)0.94 10 7 FC 72 79 1433 -79 0.46 8 28 0.56 28 16 #220 - Multi-Family Housing (Low-Rise) 7,145 18 1.786x3 = 5 5.359x2.35 = 13 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 2 0 1.15 0 2 center mixed use (mixed office/retail)0.94 3 2 FC 30 32 1445 1 37 0.46 4 13 0.56 13 8 #220 - Multi-Family Housing (Low-Rise) 3,460 9 0.865x3 = 3 2.595x2.35 = 6 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 1 0 1.15 0 1 center mixed use (mixed office/retail)0.94 1 1 FC 17 19 1447 1 55 0.46 6 19 0.56 19 11 #220 - Multi-Family Housing (Low-Rise) 3,390 9 0.848/3 = 3 2.542/2.35 = 6 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 1 0 1.15 0 1 center mixed use (mixed office/retail)0.94 1 1 FC 17 19 1448 -0 0 0 - 1449 2 & 3 281 0.46 30 100 0.56 99 58 #220 - Multi-Family Housing (Low-Rise) 24,652 62 6.136x3 = 18 18.516/2.35 = 44 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 1 0 1.15 0 1 center mixed use (mixed office/retail) community commercial 0.94 10 7 FC 17 19 1450 4 295 0.46 31 104 0.56 104 61 #220 - Multi-Family Housing (Low-Rise) 17,459 53 17.46x.3.03 = 53 Govt Office: 3.03 employees/KSF 3.34 43 15 1.71 7 23 Urban Neighborhood 1451 -117 0.74 22 65 0.99 73 43 #210 - Simgle-Family Detached Housing 0 0 - 1452 -421 0.46 45 149 0.56 149 87 #220 - Multi-Family Housing (Low-Rise) 36,050 91 9.013x3 = 27 27.037/2.35 = 64 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 9 1 1.15 1 9 105 0.74 19 58 0.99 65 38 #210 - Simgle-Family Detached Housing center mixed use (mixed office/retail)0.94 15 10 FC 99 107 1453 7 34 0.46 4 12 0.56 12 7 #220 - Multi-Family Housing (Low-Rise) 725 2 0.725/2.35 = 2 Retail: 2.35 employees/KSF 0.94 1 1 FC 7 7 20 0.74 4 11 0.99 12 7 #210 - Simgle-Family Detached Housing retail 1454 5 127 0.46 13 45 0.56 45 26 #220 - Multi-Family Housing (Low-Rise) 9,405 24 2.351x3 = 7 7.045/2.35 = 17 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 3 0 1.15 0 3 center mixed use (mixed office/retail)0.94 4 3 FC 36 40 1455 -3 0.74 1 2 0.99 2 1 #210 - Simgle-Family Detached Housing 0 0 - 1469 -0 30,334 64 10.334x3.03 = 31 20.000 x 1.63 = 33 Govt Office: 3.03 employees/KSF 3.34 26 9 1.71 4 14 business park Light Industrial: 1.63 employees/KSF 0.7 12 2 0.63 2 11 1472 11 0 69,333 199 20.000 x 3.03 = 61 40.000x3.08 = 123 9.333x1.63 = 15 Business Park: 3.08 employees/KSF Govt Office: 3.03 employees/KSF Light Industrial: 1.63 employees/KSF 0.4 5 3 0.42 3 5 business park 3.34 100 34 1.71 17 51 0.7 6 1 0.63 1 5 1474 10 & 11 53 0.46 6 19 0.56 19 11 #220 - Multi-Family Housing (Low-Rise) 323,860 809 193.860 x 3.08 = 597 130.000x1.63 = 212 Business Park: 3.08 employees/KSF 0.4 47 31 0.42 37 44 29 0.74 5 16 0.99 18 11 #210 - Simgle-Family Detached Housing business park Light Industrial: 1.63 employees/KSF 0.7 80 11 0.63 11 71 1476 9 188 0.46 20 67 0.56 66 39 #220 - Multi-Family Housing (Low-Rise) 10,589 32 10.589x.3.03 = 32 101 0.74 19 56 0.99 63 37 #210 - Simgle-Family Detached Housing Urban Neighborhood Govt Office: 3.03 employees/KSF 3.34 26 9 1.71 4 14 1478 8 104 0.46 11 37 0.56 37 22 #220 - Multi-Family Housing (Low-Rise) 0 0 56 0.74 10 31 0.99 35 21 #210 - Simgle-Family Detached Housing - 1535 -0 0 0 - TOTAL 2,499 311 1004 1042 612 560,119 1,426 413 149 383 583 Retail Pass-By Rate: 10% AM PHT and 34% PM PHT 5 3 100 109 2035 CSESP - RESIDENTIAL TRIP GENERATION 2035 CSESP - NON-RESIDENTIAL TRIP GENERATION TAZ CSESP Non- Residential SF Trip Generation AM Peak Hour PM Peak Hour Trip Generation AM Peak Hour PM Peak Hour GP GP Housing Units In Out In Out Jobs In Out In Out In Out In Out 1430 2 0 1 1 1 4,000 12 4 1 1 4 4 2 2 5 1431 203 38 113 127 74 41,524 103 8 2 2 8 46 115 129 82 19 12 115 125 19 12 115 125 1433 141 15 50 50 29 96,595 240 20 3 4 19 35 53 54 48 141 26 78 88 52 45 27 214 232 71 105 302 284 1445 31 3 11 11 6 28,261 74 12 2 2 11 15 13 13 17 10 6 69 75 10 6 69 75 1447 13 1 5 5 3 0 0 1 5 5 3 1448 12 2 7 7 4 8,581 26 21 8 4 11 23 15 11 15 1449 89 9 32 31 18 37,453 98 25 8 4 13 34 40 35 31 30 6 17 19 11 5 1 1 5 11 18 20 16 13 8 86 94 13 8 86 94 1450 51 5 18 18 11 12,878 32 3 0 0 3 8 18 18 14 50 9 28 31 18 6 4 48 52 15 32 79 70 1451 0 0 0 1452 228 24 81 80 47 54,255 134 10 2 2 10 34 83 82 57 42 16 142 155 42 16 142 155 1453 293 31 104 103 61 98,439 240 13 2 2 13 44 106 105 74 50 30 231 251 50 30 231 251 1454 86 16 48 54 32 0 0 16 48 54 32 1455 3 1 2 2 1 0 0 1 2 2 1 1469 836 88 296 295 173 0 0 88 296 295 173 1472 0 22,085 36 13 2 2 12 13 2 2 12 1474 0 285,276 465 176 24 23 157 176 24 23 157 1476 196 36 109 122 72 0 0 36 109 122 72 1478 372 69 206 232 136 3,630 11 9 3 1 5 78 209 233 141 1535 0 0 0 TOTAL 2,777 381 1,203 1,276 750 692,977 1,471 504 161 953 1,255 885 1,364 2,229 2,005 Retail Pass-By Rate: 10% AM PHT and 34% PM PHT 19 10 308 335 NET NEW TRIPS 866 1,354 1,922 1,670 AM Peak Hour PM Peak Hour 2035 GP - TOTAL TRIP GENERATION2035 GP - RESIDENTIAL TRIP GENERATION 2035 GP - NON-RESIDENTIAL TRIP GENERATION TAZ AM Peak Hour PM Peak Hour GP Non- Residential SF AM Peak Hour PM Peak Hour CSESP CSESP Housing Units In Out In Out Jobs In Out In Out In Out In Out 1430 5 1 3 3 2 0 0 1 3 3 2 1431 233 25 83 82 48 23,717 54 6 1 1 6 31 84 83 54 156 29 87 97 57 10 7 72 79 39 94 169 136 1433 79 8 28 28 16 7,145 18 2 0 0 2 10 28 28 18 3 2 30 32 3 2 30 32 1445 37 4 13 13 8 3,460 9 1 0 0 1 5 13 13 9 1 1 17 19 1 1 17 19 1447 55 6 19 19 11 3,390 9 1 0 0 1 7 19 19 12 1 1 17 19 1 1 17 19 1448 0 0 0 1449 281 30 100 99 58 24,652 62 1 0 0 1 31 100 99 59 10 7 17 19 10 7 17 19 1450 295 31 104 104 61 17,459 53 43 15 7 23 74 119 111 84 1451 117 22 65 73 43 0 0 22 65 73 43 1452 421 45 149 149 87 36,050 91 9 1 1 9 54 150 150 96 105 19 58 65 38 15 10 99 107 34 68 164 145 1453 34 4 12 12 7 725 2 1 1 7 7 5 13 19 14 20 4 11 12 7 4 11 12 7 1454 127 13 45 45 26 9,405 24 3 0 0 3 16 45 45 29 4 3 36 40 4 3 36 40 1455 3 1 2 2 1 0 0 1 2 2 1 1469 0 30,334 64 26 9 4 14 26 9 4 14 12 2 2 11 12 2 2 11 1472 0 69,333 199 5 3 3 5 5 3 3 5 100 34 17 51 100 34 17 51 6 1 1 5 6 1 1 5 1474 53 6 19 19 11 323,860 809 47 31 37 44 53 50 56 55 29 5 16 18 11 80 11 11 71 85 27 29 82 1476 188 20 67 66 39 10,589 32 20 67 66 39 101 19 56 63 37 26 9 4 14 45 65 67 51 1478 104 11 37 37 22 0 0 11 37 37 22 56 10 31 35 21 10 31 35 21 1535 0 0 0 TOTAL 2,499 311 1,004 1,042 612 560,119 1,426 413 149 383 583 724 1,153 1,425 1,195 Retail Pass-By Rate: 10% AM PHT and 34% PM PHT 5 3 100 109 NET NEW TRIPS 719 1,150 1,325 1,086 2035 CSESP - TOTAL TRIP GENERATION AM Peak Hour PM Peak Hour 2035 CSESP - RESIDENTIAL TRIP GENERATION 2035 CSESP - NON-RESIDENTIAL TRIP GENERATION TAZ AM Peak Hour PM Peak Hour CSESP Non- Residential SF AM Peak Hour PM Peak Hour THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions B.2 - Vehicle Miles Traveled Analysis THIS PAGE INTENTIONALLY LEFT BLANK CARLSBAD CLOVIS IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO 1500 Iowa Avenue, Suite 200, Riverside, California 92507 951.781.9310 www.lsa.net MEMORANDUM DATE: August 16, 2022 TO: Sophia Pagoulatos and Drew Wilson, City of Fresno FROM: Ambarish Mukherjee, Principal, LSA SUBJECT: Fresno Central Southeast Area Specific Plan ‐ Vehicle Miles Traveled Analysis LSA has prepared this memorandum documenting the methodology and findings of a Vehicle Miles Traveled (VMT) analysis for the Fresno Central Southeast Area Specific Plan (CSESP) (project/specific plan) in the City of Fresno (City). Based on our understanding of the project, modifications are currently being proposed for some of the CSESP land uses. As such, these updates within CSESP would require a General Plan Amendment (GPA). Since the project is a specific plan, it qualifies as a land use plan. Therefore, the project’s VMT analysis needs to be prepared using the criteria set forth in the City’s CEQA Guidelines for VMT Thresholds (VMT Guidelines) adopted June 25, 2020 for land use plans. The City’s VMT guidelines require that for land use plans, the project’s VMT per capita and VMT per employee under forecast/cumulative scenario be compared to the corresponding base year VMT per capita/employee to determine whether the project would have a significant VMT impact. Additionally, this memorandum also provides VMT per capita and VMT per employee under the no project cumulative scenario (no changes to the General Plan) for uses within the CSESP area. Although analysis of this scenario is not required per the City’s guidelines, the findings from this analysis will help develop a narrative regarding whether the proposed project would be beneficial in reducing VMT per capita and VMT per employee under cumulative conditions. The Fresno Council of Governments (Fresno COG) Activity Based Model (ABM) has been used to determine VMT impact of the proposed changes. INTRODUCTION On December 28, 2018, the California Office of Administrative Law cleared the revised California Environmental Quality Act (CEQA) guidelines for use. Among the changes to the guidelines was removal of vehicle delay and level of service from consideration under CEQA. With the adopted guidelines, transportation impacts are to be evaluated based on a project’s/plan’s effect on VMT. PROJECT DESCRIPTION The Fresno CSESP is a long‐term, comprehensive planning document which provides the basis for implementation of the City’s General Plan over the 2,200‐acre Plan Area. The CSESP provides policies relating to land use and urban design, transportation, public spaces, and economic development, as well as a range of specific projects that would address these policies in areas considered deficient in their existing condition. The CSESP Public Draft, completed in April 2021, defines the Plan Area, and shows proposed land use changes as shown in Figure 1. 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) Figure 1: CSESP Plan Area and Proposed Land Use Changes 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) METHODOLOGY These updates within CSESP would require a GPA. Since the project is a specific plan, it qualifies as a land use plan. Therefore, the project’s VMT analysis needs to be prepared using the criteria set forth in the City’s VMT Guidelines, 2020, for land use plans. The VMT Guidelines also provide multiple screening criteria for land use projects. However, given the project is a specific plan with an amendment and would require a GPA, the screening criteria are not applicable and hence a complete VMT analysis was conducted. The City’s VMT guidelines require that for land use plans, the project’s VMT per capita and VMT per employee under forecast/cumulative scenario be compared to the corresponding base year VMT per capita/employee to determine whether the project would have a significant VMT impact. The Fresno Council of Governments (Fresno COG) Activity Based Model (ABM) has been used to determine VMT impact of the proposed changes. Total CSESP area comprises of 19 ABM/model Traffic Analysis Zones (TAZs) – 1096, 1115, 1117, 1135, 1136, 1137, 1138, 1139, 1140, 1153, 1154, 1155, 1156, 1157, 1166, 1167, 1168, 1169 and 1170 as shown in Figure 2. The current amendment is proposing changes in approximately 14 different areas within the specific plan (identified in Figure 1). The 14 different areas fall within 11 ABM TAZs. The proposed land uses within these 14 areas are shown in Figure 3. The city provided the existing and proposed CSESP land uses for these amended areas/parcels. PROJECT TRAFFIC ANALYSIS ZONES UPDATE LSA converted the amended parcel land uses into model socioeconomic categories using generic land use to socioeconomic conversion factors. The conversion factors are same as the conversion factors used during the City’s latest General Plan update. Table 1 shows the conversion factors used to convert the CSESP amended land uses into model socioeconomic categories. Table 1: CSESP Proposed Land Use Conversion Factors CSESP Proposed Land Use DUs per Acre Employees per Acre Business Park 0.0 16.3 Commercial Community 0.0 17.5 Corridor ‐ Center Mixed Use * 9.6 26.2 Residential ‐ Medium Density 8.0 0.0 Residential ‐ Medium High Density 14.0 0.0 Urban Neighborhood 24.0 0.0 DU – Dwelling Units *: Assumed 75% of area for residential uses and 25% of area for non‐residential uses 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) Figure 2: Fresno COG Activity‐Based Model Traffic Analysis Zones 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) Figure 3: Proposed CSESP Land Use Changes 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) Table 2 shows the resulting dwelling units and total employment for each project TAZ. LSA understands that the conversion was conducted using maximum densities as specific probable densities are unavailable and use of maximum densities would also present with a conservative scenario. Table 2: CSESP Proposed Dwelling Units and Employment Existing Fresno COG TAZ / Parent TAZ New TAZ ID for VMT Analysis CSESP Amendment Area DU CSESP Amendment Area Employment 1096 2856 48 ‐ 1136 2857 443 ‐ 1138 2858 50 46 1139 2859 75 ‐ 1153 2860 60 54 1154 2860 43 39 1155 2861 143 861 1167 2862 ‐ 837 1168 2863 356 609 1169 2864 142 ‐ 1170 2865 183 ‐ Total 1,544 2,447 DU – Dwelling Units The Fresno COG ABM includes ability to split zones/add new zones. As indicated before, the 14 different areas with amendments fall within 11 ABM TAZs. To isolate the effect of the amendments, 10 new TAZs were created for the 11 different areas. Amendments in existing TAZs 1153 and 1154 were combined into one new TAZ, given parcels in both areas contain same land use type and are adjacent to one another. Given that the proposed project is an amendment to the 2035 General Plan, the amended land uses cannot be directly added to the model but the 2035 growth in the Fresno COG model dataset need to be adjusted appropriately before adding the amendments. Upon conversion of the amendment land uses to socioeconomic data (SED), the General Plan SED from Fresno COG 2035 was adjusted appropriately and SED for the amendment was added into the new model TAZs. Comparison of SED between CSESP amendments and Fresno COG growth (2035 – 2019) was conducted at a TAZ level. Table 3 illustrates the existing 2019, 2035 ABM, CSESP amendment SEDs, and the corresponding adjusted SED for the parent/original TAZs. The adjusted SED for the parent/original TAZs was arrived by the following methodology:  For each TAZ, if proposed CSESP SED is higher than the model growth, then entire growth for the TAZ was removed from Fresno COG 2035 model. 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx)  If model growth is higher than CSESP SED then, the model growth was adjusted to the difference between model growth and CSESP SED (model growth minus CSESP amendment data). The corresponding SED for the proposed CSESP was added to the new TAZs as a conservative approach. Same methodology was followed for both households and total employment. The resulting 2035 SED for the parent TAZs is illustrated under the “Adjusted 2035 ABM” columns of Table 3. The 2035 SED for the project TAZs is illustrated in previously referenced Table 2. MODEL RUNS AND PROJECT VMT ESTIMATION A horizon year (2035) model run was conducted using the adjusted socioeconomic data for the original zones (Table 3) and amended socioeconomic data for the new TAZs (Table 2). No roadway or transit network modifications were conducted for the model run with the CSESP amendments. The outputs from this updated model run were used to calculate the VMT per capita and VMT per employee for the proposed amendments. As indicated before, for land use plans, the City’s guidelines recommend use of VMT per capita to evaluate residential land uses and VMT per employee to evaluate non‐residential land uses. Since the project contains both residential and non‐residential uses, LSA estimated VMT per capita for the amended parcel’s residential land uses and VMT per employee for the non‐residential land uses. VMT metrics for Fresno COG ABM include two components, internal‐internal (II) and internal‐ external/external‐internal (IXXI) VMT. Both II VMT and IX/XI VMT were included in the estimation of overall project VMT per capita and VMT per employee. PROJECT VMT ANALYSIS Table 4 shows the VMT metrics for the amended parcels only. As can be seen from Table 4, the proposed amendments/project does not constitute a significant VMT impact. Table 4: 2035 CSESP Amended Parcels Only and Regional VMT Metrics 2035 CSESP (Project) City of Fresno (Threshold) *** Significant Impact VMT per capita * 8.7 14.0 No VMT per employee ** 20.0 22.3 No *: VMT per capita estimate includes internal‐internal (II) and internal‐external (IX) VMT **: VMT per employee estimate includes internal‐internal (primary work tour and sub‐tours) and external‐internal (XI) VMT ***: City thresholds are 13% below the existing county averages 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) 8 Table 3: Model Socioeconomic data Adjustments for CSESP Amendments 2019 ABM 2035 ABM Growth ABM (2035 ‐ 2019) CSESP Amendment Area Adjusted 2035 ABM ABM TAZ Total Households Total Employment Total Households Total Employment Total Households Total Employment Total Households Total Employment Total Households Total Employment 1096 417 80 418 82 1 2 48 ‐ 417 82 1115 898 263 931 267 33 5 na na 931 267 1117 273 704 391 723 118 19 na na 391 723 1135 262 263 280 281 18 18 na na 280 281 1136 516 254 520 254 4 (0) 443 ‐ 516 254 1137 122 1,201 122 1,201 ‐ (0) na na 122 1201 1138 884 394 938 394 54 ‐ 50 46 888 394 1139 505 1,099 505 1,099 ‐ (0) 75 ‐ 505 1099 1140 101 4,892 101 4,892 ‐ ‐ na na 101 4892 1153 437 826 465 825 28 (0) 60 54 437 826 1154 549 176 581 176 32 (0) 43 39 549 176 1155 655 561 688 575 33 14 143 861 655 561 1156 687 63 687 75 ‐ 12 na na 687 75 1157 623 1,089 638 1,150 15 61 na na 638 1150 1166 1 216 1 928 ‐ 712 na na 1 928 1167 21 387 21 668 ‐ 281 ‐ 837 21 387 1168 95 544 95 575 ‐ 31 356 609 95 544 1169 486 110 518 110 32 (0) 142 ‐ 486 110 1170 436 103 438 103 2 (0) 183 ‐ 436 103 Total 7,968 13,224 8,338 14,377 370 1,153 1,544 2,447 8,156 14,052 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) VMT metrics for the entire CSESP area were also estimated with and without the proposed amendments to assess their impact to the entire specific plan area. As can be seen from Tables 5 and 6, (both VMT per capita and VMT per employee) for the entire CSESP area with proposed amendments (project) as the CSESP area without proposed amendments (no project) scenarios would not have a significant VMT impact. Additionally, as can be identified from both tables, the project would have a lower VMT per capita and VMT per employee compared to the no project scenario within the entire CSESP plan area. Table 5: 2035 CSESP Entire Plan Area and Regional VMT Metrics With Proposed Amendments 2035 CSESP (Project) City of Fresno (Threshold) *** Significant Impact VMT per capita * 8.7 14.0 No VMT per employee ** 20.4 22.3 No *: VMT per capita estimate includes internal‐internal (II) and internal‐external (IX) VMT **: VMT per employee estimate includes internal‐internal (primary work tour and sub‐tours) and external‐internal (XI) VMT ***: City thresholds are 13% below the existing county averages Table 6: 2035 CSESP Entire Plan Area and Regional VMT Metrics Without Proposed Amendments 2035 CSESP (Project) City of Fresno (Threshold) *** Significant Impact VMT per capita * 9.2 14.0 No VMT per employee ** 20.7 22.3 No *: VMT per capita estimate includes internal‐internal (II) and internal‐external (IX) VMT **: VMT per employee estimate includes internal‐internal (primary work tour and sub‐tours) and external‐internal (XI) VMT ***: City thresholds are 13% below the existing county averages ATTACHMENTS Appendix A – Detailed VMT Calculation Worksheets Appendix A: Central Southeast Specific Plan (CSESP), City of Fresno VMT Analysis (Amended Parcels Only) Detailed VMT per capita calculations Total households 1,544 Total Population (a)4,403 Total Internal‐Internal (II) household VMT (b) *26,591 II VMT per capita (c=a/b)6.04 IX VMT per capita (d) **2.28 VMT per capita (e=c+d)8.32 Adjustment factor (new base)(f)1.05 Adjusted VMT per capita (g=e*f)8.74 Detailed VMT per employee calculations Total employment (a)2,447 Total Internal‐Internal (II) Work VMT (b) *27,922 II VMT per employee (c=a/b)11.41 XI VMT per employee (d) **8.13 VMT per employee (e=c+d)19.54 Adjustment factor (new base)(f)1.02 Adjusted VMT per capita (g=e*f)20.01 P:\CFO2203\comparison_csesp.xlsx Appendix A: Central Southeast Specific Plan (CSESP), City of Fresno VMT Analysis (Entire CSESP area including CSESP Amendments) Detailed VMT per capita calculations Total households 10,982 Total Population (a)33,075 Total Internal‐Internal (II) household VMT (b) *201,778 II VMT per capita (c=a/b)6.10 IX VMT per capita (d) **2.18 VMT per capita (e=c+d)8.28 Adjustment factor (new base)(f)1.05 Adjusted VMT per capita (g=e*f)8.70 Detailed VMT per employee calculations Total employment (a)16,498 Total Internal‐Internal (II) Work VMT (b) *199,425 II VMT per employee (c=a/b)12.09 XI VMT per employee (d) **7.81 VMT per employee (e=c+d)19.89 Adjustment factor (new base)(f)1.02 Adjusted VMT per capita (g=e*f)20.38 P:\CFO2203\comparison_csesp.xlsx Appendix A: No project / 2035 Fresno COG ABM, City of Fresno VMT Analysis (Entire CSESP area) Detailed VMT per capita calculations Total households 9,485 Total Population (a)27,560 Total Internal‐Internal (II) household VMT (b) *181,642 II VMT per capita (c=a/b)6.59 IX VMT per capita (d) **2.18 VMT per capita (e=c+d)8.77 Adjustment factor (new base)(f)1.05 Adjusted VMT per capita (g=e*f)9.22 Detailed VMT per employee calculations Total employment (a)14,377 Total Internal‐Internal (II) Work VMT (b) *177,625 II VMT per employee (c=a/b)12.35 XI VMT per employee (d) **7.81 VMT per employee (e=c+d)20.16 Adjustment factor (new base)(f)1.02 Adjusted VMT per capita (g=e*f)20.65 P:\CFO2203_CSESP\comparison_csesp.xlsx City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions Cultural Resources and Tribal Cultural Resources Supporting Information THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions A.1 - Records Search Map THIS PAGE INTENTIONALLY LEFT BLANK 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions A.2 - California Historical Resources Information System Request and Results THIS PAGE INTENTIONALLY LEFT BLANK California Historical Resources Information System CHRIS Data Request Form 1 of 3 2-29-2020 Version ACCESS AND USE AGREEMENT NO.:_______________ IC FILE NO.:________________________ To:___________________________________________________________________ Information Center Print Name: ____________________________________________________ Date: _____________________ Affiliation: ________________________________________________________________________________ Address: _________________________________________________________________________________ City: _________________________________________ State: ________________ Zip: __________________ Phone: __________________ Fax: __________________ Email: ____________________________________ Billing Address (if different than above): _________________________________________________________ Billing Email: _______________________________________________ Billing Phone: ___________________ Project Name / Reference: ___________________________________________________________________ Project Street Address: ______________________________________________________________________ County or Counties: ________________________________________________________________________ Township/Range/UTMs: _____________________________________________________________________ USGS 7.5’ Quad(s): ________________________________________________________________________ PRIORITY RESPONSE (Additional Fee): yes / no TOTAL FEE NOT TO EXCEED: $___________________________ (If blank, the Information Center will contact you if the fee is expected to exceed $1,000.00) Special Instructions: Information Center Use Only Date of CHRIS Data Provided for this Request: ___________________________________________________ Confidential Data Included in Response: yes / no Notes:___________________________________________________________________________________ _________________________________________________________________________________________ 2 of 3 2-29-2020 Version California Historical Resources Information System CHRIS Data Request Form Mark the request form as needed. Attach a PDF of your project area (with the radius if applicable) mapped on a 7.5’ USGS topographic quadrangle to scale 1:24000 ratio 1:1 neither enlarged nor reduced and include a shapefile of your project area, if available. Shapefiles are the current CHRIS standard for submitting digital spatial data for your project area or radius. Check with the appropriate IC for current availability of digital data products. •Documents will be provided in PDF format. Paper copies will only be provided if PDFs are not available at the time of the request or under specially arranged circumstances. •Location information will be provided as a digital map product (Custom Maps or GIS data) unless the area has not yet been digitized. In such circumstances, the IC may provide hand drawn maps. •In addition to the $150/hr. staff time fee, client will be charged the Custom Map fee when GIS is required to complete the request [e.g., a map printout or map image/PDF is requested and no GIS Data is requested, or an electronic product is requested (derived from GIS data) but no mapping is requested]. For product fees, see the CHRIS IC Fee Structure on the OHP website. 1. Map Format Choice: Select One: Custom GIS Maps GIS Data  Custom GIS Maps and GIS Data  No Maps  Any selection below left unmarked will be considered a "no. " Within project area Within ______ radius yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no Within ______radius Location Information: ARCHAEOLOGICAL Resource Locations1 NON-ARCHAEOLOGICAL Resource Locations Report Locations1 “Other” Report Locations2 3.Database Information: (contact the IC for product examples, or visit the SSJVIC website for examples) Within project areaARCHAEOLOGICAL Resource Database1 yes / no yes / no List (PDF format) Detail (PDF format) Excel Spreadsheet yes / no yes / no yes / no yes / no NON-ARCHAEOLOGICAL Resource Database yes / no yes / no yes / no yes / no List (PDF format) Detail (PDF format) Excel Spreadsheet yes / no yes / no Report Database1 yes / no yes / no yes / no yes / no yes / no yes / no List (PDF format) Detail (PDF format) Excel Spreadsheet Include “Other” Reports 2 yes / no yes / no 4.Document PDFs (paper copy only upon request): Within project area Within ______ radius ARCHAEOLOGICAL Resource Records1 NON-ARCHAEOLOGICAL Resource Records Reports1 “Other” Reports2 yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no California Historical Resources Information System CHRIS Data Request Form 5.Eligibility Listings and Documentation: Within project area Within ______ radius yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no yes / no OHP Built Environment Resources Directory3: Directory listing only (Excel format) Associated documentation4 OHP Archaeological Resources Directory1,5: Directory listing only (Excel format) Associated documentation4 California Inventory of Historic Resources (1976): Directory listing only (PDF format) Associated documentation4 6.Additional Information: The following sources of information may be available through the Information Center. However, several of these sources are now available on the OHP website and can be accessed directly. The Office of Historic Preservation makes no guarantees about the availability, completeness, or accuracy of the information provided through these sources. Indicate below if the Information Center should review and provide documentation (if available) of any of the following sources as part of this request. Caltrans Bridge Survey yes / no / no yes yes / no yes / no yes / no yes / no yes / no yes / no Ethnographic Information Historical Literature Historical Maps Local Inventories GLO and/or Rancho Plat Maps Shipwreck Inventory Soil Survey Maps 1 In order to receive archaeological information, requestor must meet qualifications as specified in Section III of the current version of the California Historical Resources Information System Information Center Rules of Operation Manual and be identified as an Authorized User or Conditional User under an active CHRIS Access and Use Agreement. 2 “Other” Reports GIS layer consists of report study areas for which the report content is almost entirely non-fieldwork related (e.g., local/regional history, or overview) and/or for which the presentation of the study area boundary may or may not add value to a record search. 3 Provided as Excel spreadsheets with no cost for the rows; the only cost for this component is IC staff time. Includes, but not limited to, information regarding National Register of Historic Places, California Register of Historical Resources, California State Historical Landmarks, California State Points of Historical Interest, and historic building surveys. Previously known as the HRI and then as the HPD, it is now known as the Built Environment Resources Directory (BERD). The Office of Historic Preservation compiles this documentation and it is the source of the official status codes for evaluated resources. 4 Associated documentation will vary by resource. Contact the IC for further details. 5 Provided as Excel spreadsheets with no cost for the rows; the only cost for this component is IC staff time. Previously known as the Archaeological Determinations of Eligibility, now it is known as the Archaeological Resources Directory (ARD). The Office of Historic Preservation compiles this documentation and it is the source of the official status codes for evaluated resources. 3 of 3 2-29-2020 Version 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 10/18/2021 Dana DePietro FirstCarbon Solutions 1350 Treat Blvd. Suite 380 Walnut Creek, CA 94597 Re: Fresno Central Southeast Area Specific Plan Project Records Search File No.: 21-410 The Southern San Joaquin Valley Information Center received your record search request for the project area referenced above, located on the Clovis, Malaga, and Fresno USGS 7.5’ quad. The following reflects the results of the records search for the project area and the 0.5 mile radius: As indicated on the data request form, the locations of resources and reports are provided in the following format: ☒ custom GIS maps ☐ GIS data Resources within project area: 35 Resources, See attached list. Resources within 0.5 mile radius: 33 Resources, See attached list. Reports within project area: 18 Reports, See attached list. Reports within 0.5 mile radius: 22 Reports, See attached list. Note: Resource Database Printout (list): ☒ enclosed ☐ not requested ☐ nothing listed Resource Database Printout (details): ☒ enclosed ☐ not requested ☐ nothing listed Resource Digital Database Records: ☐ enclosed ☒ not requested ☐ nothing listed Report Database Printout (list): ☒ enclosed ☐ not requested ☐ nothing listed Report Database Printout (details): ☒ enclosed ☐ not requested ☐ nothing listed Report Digital Database Records: ☐ enclosed ☒ not requested ☐ nothing listed Resource Record Copies: ☒ enclosed ☐ not requested ☐ nothing listed ☐ not available Report Copies: ☒ enclosed ☐ not requested ☐ nothing listed ☐ not available Note: Only the Title Page, Table of Contents, & Executive Summary of TU-00102 was included. OHP Built Environment Resources Directory: ☒ enclosed ☐ not requested ☐ nothing listed Archaeological Determinations of Eligibility: ☒ enclosed ☐ not requested ☐ nothing listed CA Inventory of Historic Resources (1976): ☐ enclosed ☐ not requested ☒ nothing listed Note: P-15-007046 is not listed in the BERD. The 2013 HPD page was included for this resource. Caltrans Bridge Survey: Not available at SSJVIC; please see https://dot.ca.gov/programs/environmental-analysis/cultural-studies/california-historical-bridges-tunnels Ethnographic Information: Not available at SSJVIC Historical Literature: Not available at SSJVIC Historical Maps: Not available at SSJVIC; please see http://historicalmaps.arcgis.com/usgs/ Local Inventories: Not available at SSJVIC GLO and/or Rancho Plat Maps: Not available at SSJVIC; please see http://www.glorecords.blm.gov/search/default.aspx#searchTabIndex=0&searchByTypeIndex=1 and/or http://www.oac.cdlib.org/view?docId=hb8489p15p;developer=local;style=oac4;doc.view=items Shipwreck Inventory: Not available at SSJVIC; please see https://www.slc.ca.gov/shipwrecks/ Soil Survey Maps: Not available at SSJVIC; please see http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Please forward a copy of any resulting reports from this project to the office as soon as possible. Due to the sensitive nature of archaeological site location data, we ask that you do not include resource location maps and resource location descriptions in your report if the report is for public distribution. If you have any questions regarding the results presented herein, please contact the office at the phone number listed above. The provision of CHRIS Data via this records search response does not in any way constitute public disclosure of records otherwise exempt from disclosure under the California Public Records Act or any other law, including, but not limited to, records related to archeological site information maintained by or on behalf of, or in the possession of, the State of California, Department of Parks and Recreation, State Historic Preservation Officer, Office of Historic Preservation, or the State Historical Resources Commission. Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts. Should you require any additional information for the above referenced project, reference the record search number listed above when making inquiries. Invoices for Information Center services will be sent under separate cover from the California State University, Bakersfield Accounting Office. Thank you for using the California Historical Resources Information System (CHRIS). Sincerely, Jeremy E. David Assistant Coordinator SSJVIC Record Search 21-410 Reports in PA:Reports in .5 mile:Resources in PA:Resources in .5 mile:Informal Resource FR-00257 FR-00135 P-10-003930 P-10-004248 SHL #934 FR-00296 FR-01231 P-10-004249 P-10-004253 FR-01651 FR-01686 P-10-004675 P-10-004274 FR-01723 FR-01694 P-10-005306 P-10-004280 FR-01742 FR-01696 P-10-005307 P-10-004286 FR-01800 FR-01850 P-10-005308 P-10-004287 FR-01979 FR-02000 P-10-005309 P-10-004299 FR-02073 FR-02002 P-10-005310 P-10-004310 FR-02076 FR-02106 P-10-005311 P-10-004312 FR-02109 FR-02143 P-10-005312 P-10-004349 FR-02169 FR-02172 P-10-005313 P-10-004677 FR-02194 FR-02192 P-10-005314 P-10-004762 FR-02228 FR-02217 P-10-005315 P-10-004763 FR-02332 FR-02238 P-10-005316 P-10-004764 FR-02620 FR-02287 P-10-005317 P-10-004765 FR-02653 FR-02496 P-10-005318 P-10-004766 FR-02972 FR-02504 P-10-005319 P-10-004767 FR-02992 FR-02628 P-10-005320 P-10-004768 FR-02655 P-10-005321 P-10-004769 FR-02722 P-10-005322 P-10-004770 FR-02806 P-10-005323 P-10-005120 FR-02896 P-10-005324 P-10-005121 P-10-005325 P-10-005225 P-10-005326 P-10-005305 P-10-005327 P-10-006224 P-10-005328 P-10-006225 P-10-005329 P-10-006594 P-10-005330 P-10-006595 P-10-005331 P-10-006596 P-10-005332 P-10-006599 P-10-005333 P-10-006600 P-10-005334 P-10-006601 P-10-005335 P-10-007094 P-10-005336 Report List Report No.Year Title AffiliationAuthor(s)ResourcesOther IDs SSJVIC Record Search 21-410 FR-00135 1995 Cultural Resources Inventory Report for the Proposed Mojave Northward Expansion Project. Woodward-Clyde Consultants Hatoff, Brian, Voss, Barb, Waechter, Sharon, Benté, Vance, and Wee, Stephen NADB-R - 1140863 FR-00257 1990 Historic Property Survey Report Route 180 Chestnut Avenue to Highland Avenue; 06- FRE-180, R60.9/R6736 06250-342400 DeLeuw, Cather and Company; David Chavez Associates Caltrans - 06-FRE- 180 R60.9/R67.6 06250-342400 FR-00296 1992 Cultural Resources Assessment for the Fresno Unified School District, Southeast Fresno High School, Middle School, and Elementary School Cultural Resources Consulting Bissonnette, Linda DickNADB-R - 1140239 FR-01231 1994 Negative Archaeological Survey Report for the Construction of Route 180 Urban Project California Department of Transportation Nissen, Karen, Comeyne, Dominique, and Aguilar- Luna, Judy Caltrans - 06-FRE- 180 P.M. 56.1/60.9 CU 821 EA 025731 FR-01231A 1993 Supplemental Historic Architectural Survey Report for the Route 180 Urban Project Sections of Cedar Avenue and East Thomas Avenue Cal TransLortie, Frank FR-01231B 1994 Supplemental Historic Property Survey Report for the Route 180 Urban Project between Route 99 and Chestnut Avenue Cal TransAguilar-Luna, Judy FR-01651 2000 Cultural Resources Survey for the Level (3) Communications Long Haul Fiber Optics Project: Segment WS04: Sacramento to Bakersfield Far Western Anthropological Research Group, Inc. Nelson, Wendy J.Submitter - Project Number 27101 FR-01686 2000 Cultural Resources Assessment for the Pacific Bell Site, CV-600-01, and the Fairgrounds Site, City of Fresno, Fresno County, California Peak & Associates, Inc.Peak, Melinda A. FR-01694 1994 Supplementary Historic Building Survey, Historic Resources Survey (Ratkovich Plan), Fresno, California California State University, Fresno Powell, John Edward and McGuire, Michael J. FR-01696 2001 A Cultural Resource Study for the Self-Help Housing Project In the Southeast Fresno Area, Fresno County, California Varner AssociatesVarner, Dudley M. FR-01723 2000 Historical and Cultural Resource Assessment For A Proposed Telecommunications Facility Site No. CV-600-08, 4696 East Kings Canyon Road, Fresno, California Brown & Mills, Inc.Brown, R. Keith and Pastron, Allen G. Page 1 of 5 SSJVIC 10/18/2021 3:01:30 PM Report List Report No.Year Title AffiliationAuthor(s)ResourcesOther IDs SSJVIC Record Search 21-410 FR-01742 2001 Archaeological Survey and Record Search for WorldCom Fresno 180 Aerial Project (800-25) Pacific Legacy, Inc.Sutch, Cordelia FR-01800 2002 Archaeological Survey and Architectural Evaluation for the Peach Avenue Widening Project, Belmont to Butler Avenues, Fresno County, California Applied EarthWorks, Inc.Nettles, Wendy M. and Baloian, Mary Clark FR-01850 2000 Nextel Communications Wireless Telecommunications Service Facility, Fresno County EarthTouch, LLC.Billat, LornaSubmitter - Nextel Site No. CA- 1813A/Chestnut FR-01979 2003 Historic Property Survey for Fresno Unified School District, Proposed Elementary School Site D-2 Fresno, California Applied EarthWorks, Inc.Livingstone, David M.10-005306, 10-005307, 10-005308, 10-005309, 10-005310, 10-005311, 10-005312, 10-005313, 10-005314, 10-005315, 10-005316, 10-005317, 10-005318, 10-005319, 10-005320, 10-005321, 10-005322, 10-005323, 10-005324, 10-005325, 10-005326, 10-005327, 10-005328, 10-005329, 10-005330, 10-005331, 10-005332, 10-005333, 10-005334, 10-005335, 10-005336 FR-02000 2003 Cultural Resources Survey and Inventory of the USDA Peach Avenue Property in Fresno, California Applied EarthWorks, Inc.Nettles, Wendy M. and Baloian, Randy 10-005305 FR-02002 2000 Cultural Resources Survey Report for Level 3 Long Haul Fiber Optic Project: WS04 Connection to Fresno 3R Facility, in the City of Fresno, Fresno County, California Chambers Group, Inc.Mason, Roger D. and Shepard, Richard S. 10-004513 FR-02073 2004 Environmental Assessment No. PW-2004-08 Acquire and Construct an Intermodal Facility On the Southeast Corner of East Kings Canyon and South Alder Avenues City of Fresno, Public Works Department Fraser, Becky FR-02076 2004 Historic Architecture Survey Report for the "Bungalow" Court Project, Fresno, California City of FresnoHattersley-Drayton, Karana 10-005447, 10-005448, 10-005449, 10-005450, 10-005451, 10-005452, 10-005453, 10-005454 FR-02106 2005 Request for SHPO Review of FCC Undertaking (FAT-0064 Kings Canyon + Cedar) AquAeTer, Inc.Parker, Lori D.Submitter - FAT- 0064 Kings Canyon + Cedar FR-02109 2005 Archaeological Survey for a Multi-Family and Single Family Homes Project (APN 472-021- 01), East Kings Canyon Road and South Adler Avenue, Fresno, California J&R Environmental ServicesBrady, Jon L. Page 2 of 5 SSJVIC 10/18/2021 3:01:31 PM Report List Report No.Year Title AffiliationAuthor(s)ResourcesOther IDs SSJVIC Record Search 21-410 FR-02143 2005 A Cultural and Paleontological Resources Study for the KB Home Summit Hills Project LSA Associates, Inc.Kaptain, Neal and Matzen, Ben Submitter - LSA Project No. KBH540 FR-02169 2005 Records Search Results and Site Visit for Cricket Telecommunications Facility Candidate FAT-040B (Butler/Willow), 5130 East Lane, Fresno, Fresno County, California Michael Brandman Associates Bonner, Wayne H. FR-02172 2006 New Tower Submission Packet, FCC Form 620 - Cedar-Butler, SC-10132B EarthTouch, Inc.Supernowicz, Dana E. FR-02172A 2006 Cultural Resources Study of the Cedar-Butler Project T-Mobile Site No. SC10132B 1530 S. Pearl Street, Fresno, Fresno County, California 93721 Historic Resoruce Associates Dana E. Supernowicz FR-02192 2006 New Tower Submission Packet, FCC Form 620 - South Peach, SC-10122A EarthTouch, Inc.Billat, Lorna FR-02194 2005 Cultural Resources Assessment - Dedekian Property (APN 481-060-02S) Parcel at the Northwest Corner, E. California and S. Willow Avenues, City of Fresno, Fresno County Basin Research AssociatesBusby, Colin I. FR-02217 2005 National Register of Historic Places Evaluation of the USDA Horticultural Field Station on Peach Avenue in Fresno, California Applied EarthWorks, Inc.Nettles, Wendy M. and Baloian, Randy 10-005305 FR-02228 2005 New Tower Submission Packet, FCC Form 620 for 5189 East Kings Canyon Road Archaeological Resources Technology Losee, Carolyn FR-02238 2006 Cultural Resource Records Search and Site Visit Results for Cricket Telecommunications Facility Candidate FAT-017C (Chestnut/Belmont), 4765 East Belmont, Fresno, Fresno County, California Michael Brandman Associates Bonner, Wayne H. FR-02287 2006 Cultural Resources Final Report of Monitoring and Findings for the Qwest Network Construction Project, State of California SWCA Environmental Consultants Arrington, Cindy, Bass, Bryon, Brown, Joan, Corey, Chris, and Hunt, Kevin Submitter - SWCA Cultural Resources Report Database No. 06-507; Submitter - SWCA Project No. 10715- 180 FR-02332 2008 Records Search and Site Visit Results for T- Mobile Omnipoint Communications Facility Candidate SC40140 (Marks Kitchen), 4828 East Belmont Avenue, Fresno, Fresno County, California, 93727 Michael Brandman Associates Bonner, Wayne H. Page 3 of 5 SSJVIC 10/18/2021 3:01:32 PM Report List Report No.Year Title AffiliationAuthor(s)ResourcesOther IDs SSJVIC Record Search 21-410 FR-02496 2009 Historic Resource Survey for the Placement of Verizon Cell Tower at 5339 East Butler Ave, Fresno, Freso County, California URS CorporationHatoff, Brian FR-02504 2003 Historic Property Survey for the HOME Project for Self Help on South Willow & East Jensen Avenues in Fresno, California J & R Environmental Services Brady, Jon and Hobbs, Kelly 10-004677, 10-006224, 10-006225 FR-02620 2008 Records Search and Site Visit Results for T- Mobile Omnipoint Communications Facility Candidate SC40140 (Mark's Kitchen), 4828 East Belmont Avenue, Fresno, Fresno County, California 93727 Michael Brandman Associates Bonner, Wayne FR-02628 2012 Cultural Resources Analysis for E Ventura Ensite #10768 (211849) 4066 East Ventura Avenue, Fresno, Fresno County, California EBI ConsultingWay, Michael A.Submitter - EBI Project #61123743 FR-02653 2014 Cultural Resources Survey Big Fresno Fair / CVU0729 1121 South Chance Avenue, Fresno, Fresno County, California 93702 EBI ConsultingOcampo, GabrielSubmitter - EBI Project #61136491 FR-02655 2014 Cultural Resources Survey S Winery / Ensite #17717 (263603) 5080 East Tulare Avenue, Fresno, Fresno County, California 93727 EBI ConsultingWillers, DavidSubmitter - EBI Project #61140608 FR-02722 2015 Fresno Recycled Water Distribution System Project, Phase I Cultural Resources Study, Fresno County, California ESA Cultural ResourcesAnderson, Katherine and Vader, Michael 10-004315IC Record Search Nbr - 13-429; 14-333; OHP PRN - EPA 2015 0309 001 FR-02722A 2017 Recycled Water Distribution System, Southwest Quadrant: Phase I Cultural Resources Study ESAAnderson, Katherine and Vader, Michael FR-02806 2016 Cultural Resources Inventory for the Proposed Lennar Tract No. 5449 Residential Development in the City of Fresno, Fresno County, California Applied EarthWorks, Inc.Tibbet, Josh and Baloian, Mary FR-02896 2012 Fresno Fulton Corridor Specific Plan and Downtown Neighborhoods Community Plan Project Greenwood and AssociatesSlawson, Dana N. and Kay, Michael 10-006142, 10-006143, 10-006144OHP PRN - EDA_2017_0925_001 Page 4 of 5 SSJVIC 10/18/2021 3:01:34 PM Report List Report No.Year Title AffiliationAuthor(s)ResourcesOther IDs SSJVIC Record Search 21-410 FR-02896A 2015 South Van Ness Industrial District Historic Survey, Fresno, California Historic Preservation Project Manager, City of Fresno and Hrchitecture+History, San Francisco In association with Watson Heritage Consulting Hattersley-Drayton, Karana and Stock Jody FR-02972 2018 Cultural Resources Records Search and Site Visit Results for AT&T Mobility, LLC Candidate CL01406_CVU3017 (Fresno Pacific University), 1890 South Wullow Avenue, Fresno, Fresno County, California, CASPR NO 3101A0D73E Environmental Assessment Specialists, Inc. Davis, Shane and Wills, Carrie D. OHP PRN - FCC_2018_0730_003 ; Submitter - 3701A0D73E FR-02992 2018 Basin Training Center 8 FUDS Project U.S. Army Corps of Engineers Highland, StevenOHP PRN - COE_2018_0608_00 2 Page 5 of 5 SSJVIC 10/18/2021 3:01:34 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-003930 CA-FRE-003109H Resource Name - Southern Pacific Railroad FR-00238, FR- 01770, FR-01771, FR-01772, FR- 02642, FR-02726, FR-02769, FR- 02847, FR-02942, FR-03037 Structure Historic AH07; HP11 1998 (W.L. Norton, Jones & Stokes); 1999 (S. Hooper, S. Flint, Applied EarthWorks, Inc.); 2002 (Peggy B. Murphy, Three Girls and a Shovel); 2004 (Bryan Larson, Cindy Toffelmier, JRP Historical Consulting); 2009 (Joseph Freeman, Rebecca Flores, JRP Historical Consulting); 2009 (Joseph Freeman, Rebecca Flores, JRP Historical Consulting); 2009 (Joseph Freeman, Rebecca Flores, JRP Historical Consulting); 2010 (Michael Hibma, LSA Associates); 2013 (Randy Baloian, Applied Earthworks, Inc.); 2015 (Randy Baloian, Applied EarthWorks, Inc.); 2015 (Randy Baloian, Applied Earthworks, Inc.); 2016 (J. Tibbet, Applied EarthWorks, Inc.); 2018 (Annie McCausland, Applied EarthWorks, Inc.); 2018 (Jessica Jones, Applied EarthWorks, Inc.) P-10-004248 OHP PRN - 3771-0010-0000; Resource Name - California Products Co. Building Historic HP02 1978 (Unknown) P-10-004249 OHP PRN - 3771-0011-0000; Resource Name - The Giffen Home Building Historic HP02 (Unknown) P-10-004253 OHP PRN - 3771-0015-0000; Resource Name - Shuttera Residence Building Historic HP02 1978 (Unknown) P-10-004274 OHP PRN - 3771-0035-0000; Resource Name - Sckitchfield Residence; Resource Name - Hughes Residence Building Historic HP02 (Unknown) Page 1 of 8 SSJVIC 10/18/2021 3:02:57 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-004280 Resource Name - San Joaquin Grocers Wholesale Warehouse; OHP PRN - 3771-0041-0000 Building Historic HP06 1978 (Unknown) P-10-004286 OHP PRN - 3771-0047-0000; Resource Name - Sun Maid Raisin Plant Building, Structure Historic HP33; HP95 1978 (Unknown) P-10-004287 OHP PRN - 3771-0048-0000; Resource Name - Old Barn Building Historic HP39 (Unknown) P-10-004299 OHP PRN - 3771-0059-0000; Resource Name - Mingle Transportation and Warehouse Company; Resource Name - Fresno Brewery Building Historic HP06 1978 (Unknown); 1983 (Patrick Supple) P-10-004310 OHP PRN - 3771-0071-0000; Resource Name - The Robinson Home Building Historic HP02 (Unknown) P-10-004312 OHP PRN - 3771-0073-0000; Resource Name - The Euless Home Building Historic HP02 (Unknown) P-10-004349 OHP PRN - 3771-0112-0000; Resource Name - Van Ness Entrance Gate FR-02951StructureHistoricHP461978 (Unknown) P-10-004675 Resource Name - Burlington Northern Santa Fe Railway; Other - CRM TECH 607-2H FR-01699, FR-03029StructureHistoricHP19; HP37 2000 (Bai "Tom" Tang, CRM TECH); 2019 (Robert Azpitarte, ASM Affiliates, Inc.) P-10-004677 CA-FRE-003605H Resource Name - Central Canal; OTIS Resource Number - 552642; OHP Property Number - 145600 FR-01699, FR-02504StructureHistoricHP202000 (Bai "Tom" Tang, CRM Tech); 2003 (Kelly Hobbs, J&R Environmental Services); 2004 (Bryan Larson, Cindy Toffelmier, JRP Historical Consulting) P-10-004762 Resource Name - 133 S. Peach Avenue Building Historic HP02; HP04 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Frenso, CA 93711) P-10-004763 Resource Name - 144 S. Peach Avenue Building Historic HP02; HP04 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) P-10-004764 Resource Name - 145 S. Peach Avenue Building Historic HP02 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) Page 2 of 8 SSJVIC 10/18/2021 3:02:58 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-004765 Resource Name - The Steinwand Home Building Historic HP02; HP04; HP33 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) P-10-004766 Resource Name - 317 S. Peach Avenue Building Historic HP02; HP04 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) P-10-004767 Resource Name - 358 S. Peach Avenue Building Historic HP02; HP04 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) P-10-004768 Resource Name - The John M. Euless Home; OHP Property Number - 053536 Building Historic HP02; HP04 1994 (William E. Patnaude, Lew & Patnaude, Inc.) P-10-004769 Resource Name - 270 N. Peach Avenue Building Historic HP02 2001 (w. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) P-10-004770 Resource Name - 284 N. Peach Avenue Building Historic HP02; HP04 2001 (W. Nettles, Applied Earth Works, Inc. 5090 N. Fruit Ave. #101 Fresno, CA 93711) P-10-005120 Resource Name - Martin Dedkian Residence; Resource Name - Mardiros S. Asadoorian Residence Building Historic HP02 1992 (Linda Dick Bissonnette, Cultural Resources Consulting) P-10-005121 Resource Name - Kings Canyon- Peach Site; Mosesian & Sons; San Joaquin Winery; Resource Name - Fresno Vineyard Company; Fresno Winery; Easterby Rancho; Banner Farm Building Historic HP08 1992 (Linda Dick Bissonnette, Cultural Resources Consulting) P-10-005225 Resource Name - The Lindstrom Residence; Resource Name - The Olivas Residence; OHP Property Number - 125797 Building Historic HP02 1997 (Dolores Mellon, City of Fresno) Page 3 of 8 SSJVIC 10/18/2021 3:02:58 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-005305 Resource Name - USDA Horticultural Field Station; OHP Property Number - 165364; OHP Property Number - 165365; OHP Property Number - 165366; OHP Property Number - 165367; OHP Property Number - 165368; OTIS Resource Number - 532962; OTIS Resource Number - 532963; OTIS Resource Number - 532964; OTIS Resource Number - 532965; OTIS Resource Number - 532966 FR-02000, FR-02217Building, District Historic HP04; HP14; HP30; HP33; HP35 2003; 2005 (W. Nettles, Applied EarthWorks, Inc.) P-10-005306 Resource Name - 4808 E. Balch Avenue; Resource Name - All of Lot 9 and the East 20 feet of Lot 10 in Block 2 of Mitchell Simpson Tract, City of Fresno; OHP Property Number - 145661 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005307 Resource Name - 4814 E. Balch Avenue; Resource Name - Lot 8 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145662 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005308 Resource Name - 4818 E. Balch Avenue; Resource Name - Lot 7 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145663 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005309 Resource Name - 4826 E. Balch Avenue; Resource Name - Lot 5 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145664 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005310 Resource Name - 4830 E. Balch Avenue; Resource Name - Lot 4 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145665 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) Page 4 of 8 SSJVIC 10/18/2021 3:02:58 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-005311 Resource Name - 4836 E. Balch Avenue; Resource Name - Lot 3 in Block 2 of Mitchell Simpson Tract, City of Fresno; OHP Property Number - 145666 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005312 Resource Name - 4844 E. Balch Avenue; Resource Name - Lot 1 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145667 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005313 Resource Name - 4845 E. Inyo Avenue; Resource Name - Lot 20 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145668 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005314 Resource Name - 4841 E. Inyo Avenue; Resource Name - Lot 19 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145669 FR-01979BuildingHistoricHP02; HP04 2003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005315 Resource Name - 4835 E. Inyo Avenue; Resource Name - Lot 18 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145670 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005316 Resource Name - 4831 E. inyo Avenue; OHP Property Number - 145671 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005317 Resource Name - 4827 E. Inyo Avenue; Resource Name - Lot 16 in Block 2 of Mitchell Simpson Tract, in the City of Fresno; OHP Property Number - 145672 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005318 Resource Name - 4821 E. Inyo Avenue; Resource Name - Lot 15 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145673 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) Page 5 of 8 SSJVIC 10/18/2021 3:02:58 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-005319 Resource Name - 4817 E. Inyo Avenue; Resource Name - Lot 14 in Block 2 of Mitchell Simpson; OHP Property Number - 145674 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005320 Resource Name - 4813 E. Inyo Avenue; Resource Name - Lot 13 in Block 2 of Mitchell Simpson Tract; OHP Property Number - 145675 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005321 Resource Name - 4808 E. Inyo Avenue; Resource Name - Lot 9 and the East 20 feet of Lot 10 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 081243 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005322 Resource Name - 4812 E. Inyo Avenue; Resource Name - Lot 8 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145676 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005323 Resource Name - 4816 E. Inyo Avenue; Resource Name - Lot 7 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145677 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005324 Resource Name - 4822 E. Inyo Avenue; Resource Name - Lot 6 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145678 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005325 Resource Name - 4826 E. Inyo Avenue; Resource Name - Lot 5 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145679 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005326 Resource Name - 4830 E. Inyo Avenue; Resource Name - Lot 4 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145680 FR-01979BuildingProtohistoric, Historic HP02 2003 (David Livingstone, Applied EarthWorks, Inc.) Page 6 of 8 SSJVIC 10/18/2021 3:02:59 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-005327 Resource Name - 4834 E. Inyo Avenue; Resource Name - Lot 3 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145681 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005328 Resource Name - 4840 E. Inyo Avenue; Resource Name - Lot 2 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145682 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005329 Resource Name - 4844 E. Inyo Avenue; Resource Name - Lot 1 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145683 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005330 Resource Name - 4845 E. Mono Avenue; Resource Name - Lot 20 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145684 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005331 Resource Name - 4841 E. Mono Avenue; Resource Name - Lot 19 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145712 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005332 Resource Name - 4835 E. Mono Avenue; Resource Name - Lot 18 in Block 3 in Mitchell Simpson Tract; OHP Property Number - 145713 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005333 Resource Name - 4831 E. Mono Avenue; Resource Name - The East 1/2 of Lot 16 and all of Lot 17 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145714 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005334 Resource Name - 4817 E. Mono Avenue; Resource Name - The West 7 feet of Lot 15 and all of Lot 14 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145715 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) Page 7 of 8 SSJVIC 10/18/2021 3:02:59 PM Primary No.Trinomial Resource List Other IDs ReportsTypeAgeAttribute codes Recorded by SSJVIC Record Search 21-410 P-10-005335 Resource Name - 4815 E. Mono Avenue; Resource Name - Lot 13 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 145716 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-005336 Resource Name - 4809 E. Mono Avenue; Resource Name - Lot 12 in Block 3 of Mitchell Simpson Tract; OHP Property Number - 081244 FR-01979BuildingHistoricHP022003 (David Livingstone, Applied EarthWorks, Inc.) P-10-006224 Resource Name - Berberian Residence; Resource Name - Map Reference No.1; Resource Name - Portion of Lot 24 of the Newhall Tract; OHP Property Number - 145597; OTIS Resource Number - 552639 FR-02504BuildingHistoricHP022003 (Kelly Hobbs, J & R Environmental Services) P-10-006225 Resource Name - Map Reference No.2; Resource Name - Garza Residence; OHP Property Number - 145598; OTIS Resource Number - 552640 FR-02504BuildingHistoricHP022003 (Kelly Hobbs, J & R Environmental Services) P-10-006594 Resource Name - S-31 FR-02284BuildingHistoricHP021992 (Ronald Reiss, Ana Koval, Architectural Resources Group) P-10-006595 Resource Name - S-32 FR-02284BuildingHistoricHP021992 (Gordon White, Ana Korval, Architectural Resources Group) P-10-006596 Resource Name - S-33 FR-02284BuildingHistoricHP021992 (Gordon White, Ana Koval, Architectural Resources Group) P-10-006599 Resource Name - S-68 FR-02284BuildingHistoricHP021992 (Ronald Reiss, Ana Koval, Architectural Resources Group) P-10-006600 Resource Name - S-69 FR-02284BuildingHistoricHP031992 (Gordon White, Ana Koval, Architectural Resources Group) P-10-006601 Resource Name - S-70 FR-02284BuildingHistoricHP021992 (Ronald Reiss, Ana Koval, Architectural Resources Group) P-10-007094 CA-FRE-003856H Resource Name - APN 478-162- 01 Historical Deposit Site Historic AH04 2018 (P. Zimmer, ESA - Environmental Science Associates) Page 8 of 8 SSJVIC 10/18/2021 3:03:00 PM THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions A.3 - Native American Heritage Commission Request, Response, and Letters THIS PAGE INTENTIONALLY LEFT BLANK Local Government Tribal Consultation List Request Native American Heritage Commission 1550 Harbor Blvd, Suite 100 West Sacramento, CA 95691 916-373-3710 916-373-5471 – Fax nahc@nahc.ca.gov Type of List Requested ☐ CEQA Tribal Consultation List (AB 52) – Per Public Resources Code § 21080.3.1, subs. (b), (d), (e) and 21080.3.2 ☐ General Plan (SB 18) - Per Government Code § 65352.3. Local Action Type: ___ General Plan ___ General Plan Element ___ General Plan Amendment ___ Specific Plan ___ Specific Plan Amendment ___ Pre-planning Outreach Activity Required Information Project Title:____________________________________________________________________________ Local Government/Lead Agency: ___________________________________________________________ Contact Person: __________________________________________________________________________ Street Address: ___________________________________________________________________________ City:_____________________________________________________ Zip:__________________________ Phone:____________________________________ Fax:_________________________________________ Email:_____________________________________________ Specific Area Subject to Proposed Action County:________________________________ City/Community: ___________________________ Project Description: Additional Request ☐ Sacred Lands File Search - Required Information: USGS Quadrangle Name(s):____________________________________________________________ ____________________________________________________________ Township:___________________ Range:___________________ Section(s):___________________ 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius STATE OF CALIFORNIA Gavin Newsom, Governor NATIVE AMERICAN HERITAGE COMMISSION Page 1 of 2 November 14, 2021 Dr. Dana DePietro FirstCarbon Solutions Via Email to: ddepietro@fcs-intl.com & mdolan@fcs-intl.com Re: Native American Tribal Consultation, Pursuant to the Assembly Bill 52 (AB 52), Amendments to the California Environmental Quality Act (CEQA) (Chapter 532, Statutes of 2014), Public Resources Code Sections 5097.94 (m), 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, Fresno Central Southeast Area Specific Plan Project, Fresno County Dear Dr. DePietro: Pursuant to Public Resources Code section 21080.3.1 (c), attached is a consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the above-listed project. Please note that the intent of the AB 52 amendments to CEQA is to avoid and/or mitigate impacts to tribal cultural resources, (Pub. Resources Code §21084.3 (a)) (“Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.”) Public Resources Code sections 21080.3.1 and 21084.3(c) require CEQA lead agencies to consult with California Native American tribes that have requested notice from such agencies of proposed projects in the geographic area that are traditionally and culturally affiliated with the tribes on projects for which a Notice of Preparation or Notice of Negative Declaration or Mitigated Negative Declaration has been filed on or after July 1, 2015. Specifically, Public Resources Code section 21080.3.1 (d) provides: Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, which shall be accomplished by means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to this section. The AB 52 amendments to CEQA law does not preclude initiating consultation with the tribes that are culturally and traditionally affiliated within your jurisdiction prior to receiving requests for notification of projects in the tribe’s areas of traditional and cultural affiliation. The Native American Heritage Commission (NAHC) recommends, but does not require, early consultation as a best practice to ensure that lead agencies receive sufficient information about cultural resources in a project area to avoid damaging effects to tribal cultural resources. The NAHC also recommends, but does not require that agencies should also include with their notification letters, information regarding any cultural resources assessment that has been completed on the area of potential effect (APE), such as: 1. The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to: CHAIRPERSON Laura Miranda Luiseño VICE CHAIRPERSON Reginald Pagaling Chumash PARLIAMENTARIAN Russell Attebery Karuk COMMISSIONER William Mungary Paiute/White Mountain Apache COMMISSIONER Isaac Bojorquez Ohlone-Costanoan COMMISSIONER Sara Dutschke Miwok COMMISSIONER Buffy McQuillen Yokayo Pomo, Yuki, Nomlaki COMMISSIONER Wayne Nelson Luiseño COMMISSIONER Stanley Rodriguez Kumeyaay EXECUTIVE SECRETARY Christina Snider Pomo NAHC HEADQUARTERS 1550 Harbor Boulevard Suite 100 West Sacramento, California 95691 (916) 373-3710 nahc@nahc.ca.gov NAHC.ca.gov Page 2 of 2 • A listing of any and all known cultural resources that have already been recorded on or adjacent to the APE, such as known archaeological sites; • Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; • Whether the records search indicates a low, moderate, or high probability that unrecorded cultural resources are located in the APE; and • If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present. 2. The results of any archaeological inventory survey that was conducted, including: • Any report that may contain site forms, site significance, and suggested mitigation measures. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code section 6254.10. 3. The result of any Sacred Lands File (SLF) check conducted through the Native American Heritage Commission was negative. 4. Any ethnographic studies conducted for any area including all or part of the APE; and 5. Any geotechnical reports regarding all or part of the APE. Lead agencies should be aware that records maintained by the NAHC and CHRIS are not exhaustive and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource. This information will aid tribes in determining whether to request formal consultation. In the event that they do, having the information beforehand will help to facilitate the consultation process. If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance, we can assure that our consultation list remains current. If you have any questions, please contact me at my email address: Andrew.Green@nahc.ca.gov. Sincerely, Andrew Green Cultural Resources Analyst Attachment Big Sandy Rancheria of Western Mono Indians Elizabeth Kipp, Chairperson P.O. Box 337 Auberry, CA, 93602 Phone: (559) 374 - 0066 Fax: (559) 374-0055 lkipp@bsrnation.com Western Mono Cold Springs Rancheria of Mono Indians Carol Bill, Chairperson P.O. Box 209 Tollhouse, CA, 93667 Phone: (559) 855 - 5043 Fax: (559) 855-4445 coldsprgstribe@netptc.net Mono Dumna Wo-Wah Tribal Government Robert Ledger, Chairperson 2191 West Pico Ave. Fresno, CA, 93705 Phone: (559) 540 - 6346 ledgerrobert@ymail.com Foothill Yokut Mono Kings River Choinumni Farm Tribe Stan Alec, 3515 East Fedora Avenue Fresno, CA, 93726 Phone: (559) 647 - 3227 Foothill Yokut North Fork Rancheria of Mono Indians Elaine Fink, Chairperson P.O .Box 929 North Fork, CA, 93643 Phone: (559) 877 - 2461 Fax: (559) 877-2467 efink@nfr-nsn.gov Mono North Valley Yokuts Tribe Katherine Perez, Chairperson P.O. Box 717 Linden, CA, 95236 Phone: (209) 887 - 3415 canutes@verizon.net Costanoan Northern Valley Yokut North Valley Yokuts Tribe Timothy Perez, P.O. Box 717 Linden, CA, 95236 Phone: (209) 662 - 2788 huskanam@gmail.com Costanoan Northern Valley Yokut Picayune Rancheria of Chukchansi Indians Claudia Gonzales, Chairwoman P.O. Box 2226 Oakhurst, CA, 93644 Phone: (599) 412 - 5590 cgonzales@chukchansitribe.net Foothill Yokut Table Mountain Rancheria Brenda Lavell, Chairperson P.O. Box 410 Friant, CA, 93626 Phone: (559) 822 - 2587 Fax: (559) 822-2693 rpennell@tmr.org Yokut Traditional Choinumni Tribe David Alvarez, Chairperson 2415 E. Houston Avenue Fresno, CA, 93720 Phone: (559) 217 - 0396 Fax: (559) 292-5057 davealvarez@sbcglobal.net Foothill Yokut Tule River Indian Tribe Neil Peyron, Chairperson P.O. Box 589 Porterville, CA, 93258 Phone: (559) 781 - 4271 Fax: (559) 781-4610 neil.peyron@tulerivertribe-nsn.gov Yokut Wuksache Indian Tribe/Eshom Valley Band Kenneth Woodrow, Chairperson 1179 Rock Haven Ct. Salinas, CA, 93906 Phone: (831) 443 - 9702 kwood8934@aol.com Foothill Yokut Mono 1 of 1 This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and section 5097.98 of the Public Resources Code. This list is only applicable for consultation with Native American tribes under Public Resources Code Sections 21080.3.1 for the proposed Fresno Central Southeast Area Specific Plan Project, Fresno County. PROJ-2021- 005593 11/14/2021 05:53 PM Native American Heritage Commission Tribal Consultation List Fresno County 11/14/2021 UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Traditional Choinumni Tribe David Alvarez, Chairperson 2415 E. Houston Avenue Fresno, CA, 93720 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Alvarez: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the si te for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands F ile (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Cold Springs Rancheria of Mono Indians Carol Bill, Chairperson P.O. Box 209 Tollhouse, CA, 93667 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Bill: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 North Fork Rancheria of Mono Indians Elaine Fink, Chairperson P.O .Box 929 North Fork, CA, 93643 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Fink: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Picayune Rancheria of Chukchansi Indians Claudia Gonzales, Chairwoman P.O. Box 2226 Oakhurst, CA, 93644 Subject: Proposed Central Southeast Specific Plan Project Dear Chairwoman Gonzales: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Big Sandy Rancheria of Western Mono Indians Elizabeth Kipp, Chairperson P.O. Box 337 Auberry, CA, 93602 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Kipp: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Table Mountain Rancheria Brenda Lavell, Chairperson P.O. Box 410 Friant, CA, 93626 Subject: Proposed Central Southeast Specific Plan Project Dear Chairwoman Lavell: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands F ile (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Dumna Wo-Wah Tribal Government Robert Ledger, Chairperson 2191 West Pico Ave. Fresno, CA, 93705 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Ledger: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 North Valley Yokuts Tribe Katherine Perez, Chairperson P.O. Box 717 Linden, CA, 95236 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Perez: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Tule River Indian Tribe Neil Peyron, Chairperson P.O. Box 589 Porterville, CA, 93258 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Peyron: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands F ile (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Kings River Choinumni Farm Tribe Stan Alec 3515 East Fedora Avenue Fresno, CA, 93726 Subject: Proposed Central Southeast Specific Plan Project Dear Stan Alec: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 North Valley Yokuts Tribe Timothy Perez P.O. Box 717 Linden, CA, 95236 Subject: Proposed Central Southeast Specific Plan Project Dear Timothy Perez: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands File (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius UNITED STATES T +1 888 826 5814 T +1 714 508 4100 F +1 714 508 4110 E info@fcs-intl.com Irvine 250 Commerce Suite 250 Irvine, CA 92602 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek, CA 94597 Central Valley 7726 N. First Street #413 Fresno, CA 93720 Inland Empire 967 Kendall Drive #A-537 San Bernardino, CA 92407 Sacramento Valley 2351 Sunset Boulevard Suite 170-301 Rocklin, CA 95765 Utah 2901 Bluegrass Boulevard Suite 200-62 Lehi, UT 84043 Connecticut 2 Corporate Drive Suite 450 Shelton, CT 06484 New York 10 Monument Street Deposit, NY 13754 56 Broome Corporate Parkway Conklin, NY 13748 CANADA UNITED KINGDOM PORTUGAL FRANCE KENYA AUSTRALIA PHILIPPINES CHINA MALAYSIA SINGAPORE 1 Request Letter November 15, 2021 Wuksache Indian Tribe/Eshom Valley Band Kenneth Woodrow, Chairperson 1179 Rock Haven Ct. Salinas, CA, 93906 Subject: Proposed Central Southeast Specific Plan Project Dear Chairperson Woodrow: FirstCarbon Solutions (FCS) is preparing a Cultural Resources analysis for the proposed Central Southeast Specific Plan project on behalf of the City of Fresno. As part of the environmental review process, we are searching for records pertaining to cultural resources in the area surrounding the project site described below. Attached is a Records Search map with a 0.5-mile buffer around the site for your reference. The Central Southeast Specific Plan will focus on low income neighborhoods. This area consists of approximately 2,200 acres. Residential, commercial, and office development in the community has been hampered by the City’s emphasis on new growth in the metropolitan area, by incomplete public facilities, and by negative community perceptions. The purpose of the plan is to clearly identify and address those issues and concerns adversely affecting the community’s growth and vitality, to anticipate the need for and impacts of new public facilities, and to stimulate the development of well-balanced neighborhoods. As part of the cultural resources assessment, FCS conducted a Sacred Lands F ile (SLF) search and California Historical Resource Information System (CHRIS). The results of the SLF records search was negative. We are still waiting on results from the CHRIS search. The Native American Heritage Commission (NAHC) suggested you might be able to provide further information. If you have any additional information regarding potential historic or cultural resources in proximity or relation to the proposed project area, we would greatly appreciate your input. Please note that this letter is a request for information pertaining to a cultural resources assessment and is not notification of a project under Senate Bill (SB) 18, Assembly Bill (AB) 52 or Section 106 of the National Historic Preservation Act. Please feel free to contact me at 530.219.1432 or via email at ddepietro@fcs-intl.com and thank you for your valuable assistance. 2 Request Letter Sincerely, Dana Douglas DePietro, PhD Director of Cultural Resources FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 Enc: Attachment A: Records Search Maps Attachment A: Records Search Map 50000002 • 10/2021 | 50000002_record_search_map1.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 1 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 11, 13, 14, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius 50000002 • 10/2021 | 50000002_record_search_map2.mxd CITY OF FRESNOFRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECTADDENDUM Record Search Map 2 Source: USGS Clovis, Malaga, & Fresno South 7.5' Quadrangles / Land Grants: T13S R20E Sec: 36; T13S R21E Sec: 31; T14S R20E Sections: 1, 2, 10, 11, 13, 14, 15, 23, 24; T14S R21E Sections: 5, 6, 7, 8, 17, 18, 19. 2,000 0 2,0001,000 Feet Project Area Half-Mile Radius City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions Transportation Supporting Information THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions B.1 - Final Traffic Study Memorandum THIS PAGE INTENTIONALLY LEFT BLANK Memo To: Drew Wilson From: Derek Rapp, TE Dennis Lammers, PTP City of Fresno Santa Barbara Office File: 2064158700 Date: February 15, 2022 Reference: Fresno Central Southeast Area Specific Plan – Final Traffic Study The following Final Traffic Study provides an overview of potential traffic impacts generated by the Central Southeast Area Specific Plan (CSESP) Land Use Plan. The study compares the growth projections developed by Raimi + Associates (December 19, 2019) for the Specific Plan Area to land use assumptions applied in the City of Fresno General Plan Recirculated Public Review Draft Program Environmental Impact Report (PEIR) (March 2021) and evaluates the traffic volume changes for each Traffic Analysis Zone (TAZ) in the Specific Plan Area under General Plan (2035) conditions. A Vehicle Miles Traveled (VMT) analysis is provided in a separate document. Comments provided by City staff on the Draft Traffic Study (August 23, 2021) are also incorporated in this Final Traffic Study. EXISTING CONDITIONS The Central Southeast Area Specific Plan (CSESP) encompasses approximately 14 city blocks in the southeast portion of the City of Fresno. The Specific Plan is bordered by Belmont Avenue to the north, East Avenue to the west, Church Avenue to the south, and Peach Avenue to the east. The Plan Area is served by a network of arterials, collectors and local streets. Based on information contained in the General Plan PEIR Appendix J – Traffic Impact Analysis (March 2021), the existing 2035 AM and PM peak hour roadway analysis includes 282 roadways located throughout the City of Fresno, of which 18 roadway segments are located in or directly adjacent to the Specific Plan Area. These 18 roadway segments would potentially be affected by peak hour volume changes resulting from the CSESP Land Use Plan and are evaluated in this traffic and circulation study. These segments are listed in Table 1 along with the existing level of service (LOS) designation. A table showing the AM and PM peak hour volumes is attached for reference. The City has four Traffic Impact Zones (TIZ I through IV) with different LOS thresholds. In addition, TIZ U denotes unincorporated Fresno County. The Specific Plan roadway segments are located in all five zones, for which the peak hour LOS standards are LOS D through F. As shown in Table 1, all roadway segments included in this analysis currently operate at acceptable service levels based on the level of service data contained in the General Plan PEIR and the City’s TIZ LOS standards. February 15, 2022 Drew Wilson Page 2 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study Table 1 Existing AM and PM Peak Hour Roadway Levels of Service # Roadway Segment TIZ/LOS Standard Classification LOS No. of Lanes AM Peak Hour PM Peak Hour 83 Cedar Ave Church Ave and Jensen Ave II/LOS E Arterial 4 A A 84 California Ave and Church Ave U/LOS D Arterial 4 A A 85 Belmont Ave and Tulare St I/LOS F Arterial 4 B C 92 Maple Ave Church Ave and Jensen Ave III/LOS D Collector 4 A A 93 Chestnut Ave Church Ave and Jensen Ave III/LOS D Arterial 4 A A 94 Tulare St and Kings Cyn Rd II/LOS E Arterial 4 A A 95 Belmont Ave to Tulare St II/LOS E Arterial 4 A A 108 Peach Ave Kings Cyn Rd to Butler St II/LOS E Arterial 4 A A 109 Belmont Ave to Tulare St II/LOS E Arterial 4 A A 234 Belmont Ave First St to Cedar Ave I/LOS F Arterial 4 A A 235 Willow Ave to Peach Ave U/LOS D Arterial 4 A A 251 Kings Cyn Rd Maple Ave to Chestnut Ave II/LOS E Arterial 4 A A 252 Chestnut Ave to Willow Ave II/LOS E Arterial 4 A A 257 Butler Ave Hazelwood Blvd to Orange Ave I/LOS F Collector 2 A A 261 Church Ave Orange Ave to Cedar Ave U/LOS D Collector 4 A A 262 Cedar Ave to Maple Ave III/LOS D Collector 3 A A 267 Jensen Ave Cedar Ave to Maple Ave IV/LOS E Expressway 4 A A 268 Maple Ave to Chestnut Ave IV/LOS E Expressway 4 A A . GENERAL PLAN (2035) CONDITIONS General Plan 2035 traffic volumes contained in the PEIR were developed using the Fresno COG travel demand model (ABM) and are based on socioeconomic data (SED) for the year 2035 as included in the 2050 Fresno County Growth Projections report prepared by Fresno COG. Detailed technical information regarding the development of 2035 volumes is presented in the General Plan PEIR Appendix J – Traffic Impact Analysis and its technical appendices. February 15, 2022 Drew Wilson Page 3 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study The General Plan (2035) conditions analysis includes implementation of the Circulation Element configuration of the roadway network to reflect the City’s Mobility goals. Based on the General Plan Circulation Element, the following modifications are proposed to be implemented to the roadway segments in the CSESP Plan Area:  Jensen Avenue will be widened to a six-lane Super Arterial between Orange Avenue and Highland Avenue.  Church Avenue will be widened to a four-lane Collector from Cedar Avenue to Maple Avenue.  Belmont Avenue will be converted from a four-lane Arterial to a two-lane Collector from First Street to Cedar Street. Table 2 summarizes the General Plan 2035 roadway segment peak hour volumes and levels of service for the 18 roadway segments the CSESP Plan Area. A table showing the 2035 AM and PM peak hour volumes is attached for reference. Table 2 indicates that the roadway segments included in this study are forecast to operate at acceptable service levels under General Plan 2035 conditions based on the City’s TIZ LOS standards. Table 2 2035 AM and PM Peak Hour Roadway Levels of Service General Plan with Circulation Element Roadway Network  # Roadway Segment TIZ/LOS Standard Classification LOS No. of Lanes AM Peak Hour PM Peak Hour 83 Cedar Ave Church Ave and Jensen Ave II/LOS E Arterial 4 A A 84 California Ave and Church Ave U/LOS D Arterial 4 A A 85 Belmont Ave and Tulare St I/LOS F Arterial 4 C C 92 Maple Ave Church Ave and Jensen Ave III/LOS D Collector 4 A A 93 Chestnut Ave Church Ave and Jensen Ave III/LOS D Arterial 4 A A 94 Tulare St and Kings Cyn Rd II/LOS E Arterial 4 A A 95 Belmont Ave to Tulare St II/LOS E Arterial 4 A A 108 Peach Ave Kings Cyn Rd to Butler St II/LOS E Arterial 4 A A 109 Belmont Ave to Tulare St II/LOS E Arterial 4 A A 234 Belmont Ave First St to Cedar Ave I/LOS F Collector 2 B F 235 Willow Ave to Peach Ave U/LOS D Arterial 4 A A 251 Kings Cyn Rd Maple Ave to Chestnut Ave II/LOS E Arterial 4 A A 252 Chestnut Ave to Willow Ave II/LOS E Arterial 4 A A February 15, 2022 Drew Wilson Page 4 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study 257 Butler Ave Hazelwood Blvd to Orange Ave I/LOS F Collector 2 B B 261 Church Ave Orange Ave to Cedar Ave U/LOS D Collector 4 A A 262 Cedar Ave to Maple Ave III/LOS D Collector 3 A A 267 Jensen Ave Cedar Ave to Maple Ave IV/LOS E Super Arterial 6 A A 268 Maple Ave to Chestnut Ave IV/LOS E Super Arterial 6 A A CSESP 2035 CONDITIONS CSESP Land Use Assumptions To determine the traffic volume changes within the Specific Plan resulting from the CSESP Land Use Plan and assumptions, a comparison is provided between the land use assumptions used in the 2014 City of Fresno General Plan and Development Code Update Master Environmental Impact Report (MEIR) with the currently proposed CSESP Land Use Plan. The 2021 General Plan PEIR does not provide specific information regarding housing unit and/or non-residential square foot increases per TAZ for the Year 2035. The socioeconomic data used in the Fresno COG traffic model for the PEIR is derived from housing unit and employment (job) increase projections contained in the previous 2014 General Plan MEIR. Thus, the residential and non-residential data for the Specific Plan contained in the 2014 MEIR are consistent with the data used for the 2021 PEIR. The CSESP Land Use Plan is based on the growth projections and capacity analysis completed by Raimi + Associates for the Specific Plan Area with a 2035 horizon. The growth projections assume the maximum amount of residential and non-residential development that could occur on each vacant or underutilized parcels. A growth adjustment scenario was provided that assumes 60 percent of the maximum residential growth and 40 percent of the maximum non-residential growth could occur by the 2035 horizon. To provide a traffic comparison that is consistent with the 2021 PEIR, the analysis applies the reasonable growth projection that could occur by 2035. The General Plan land use growth data in the 2014 MEIR is provided in housing units and employment (jobs). Jobs were converted into non-residential square feet (SF) in order to develop trip generation estimates, because trip generation rates per SF are more stable than rates per employee (jobs) and are the industry standard. To generate trip estimates for the non-residential land uses included in the MEIR, Stantec converted the job increase per TAZ to square footage based on land use assumptions (Office, Retail, Light Industrial etc.) and the relationship between ITE rate for employees and ITE rate for KSF for each land use. For example, ITE Land Use #710 - General Office Building has a trip generation rate of 9.74 Average Daily Trips (ADT) per KSF and a rate of 3.28 ADT per employee. Based on this relationship, there are 3 employees per 1,000 SF (9.74 / 3.28). Thus, if the 2014 MEIR projected a growth of 12 jobs under the land use Office, the resulting building square footage would be 4,000 SF. February 15, 2022 Drew Wilson Page 5 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study Table 3 provides an overview of the proposed land use changes per Specific Plan TAZ. As shown, the proposed CSESP Land Use Plan would result in residential and non-residential development slightly below the growth projected in the General Plan buildout (278 fewer housing units and 128,858 fewer square feet (SF) of non- residential building space). Table 3 2035 General Plan and CSESP Land Use Growth Comparison TAZ GP Housing Units CSESP Housing Units Change in Housing Units GP Non- Residential SF CSESP Non- Residential SF Change in Non- Residential SF 1430 2 5 3 4,000 0 -4,000 1431 203 389 186 41,524 23,717 -17,807 1433 282 79 -203 96,595 7,145 -89,540 1445 31 37 6 28,261 3,460 -24,801 1447 13 55 42 0 3,390 3,390 1448 12 0 -12 8,581 0 -8,581 1449 119 281 162 37,453 24,652 -12,081 1450 101 295 194 12,878 17,459 4,581 1451 0 117 117 0 0 0 1452 228 526 298 54,255 36,050 -18,205 1453 293 54 -239 98,439 725 -97,714 1454 86 127 41 0 9,405 9,405 1455 3 3 0 0 0 0 1469 836 0 -836 0 30,334 30,334 1472 0 0 0 22,085 69,333 47,248 1474 0 82 82 285,276 323,860 38,584 1476 196 289 93 0 10,589 10,589 1478 372 160 -212 3,630 0 -3,630 1535 0 0 0 0 0 0 TOTAL 2,777 2,499 -278 692,977 560,119 -128,858 Trip Generation Estimates Trip generation estimates were developed for each TAZ in the Specific Plan Area based on the anticipated housing unit and non-residential square-footage growth, and trip generation rates contained in the Institute of Transportation Engineers (ITE) Trip Generation Manual (10th Edition, 2017) for each projected land use. Detailed trip generation worksheets are attached for reference. The trip generation estimates per TAZ are summarized in Table 4. February 15, 2022 Drew Wilson Page 6 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study Table 4 2035 General Plan and CSESP Trip Generation Estimates Comparison TAZ General Plan PEIR CSESP Change ADT AM PHT PM PHT ADT AM PHT PM PHT ADT AM PHT PM PHT 1430 58 6 7 47 4 5 -11 -2 -2 1431 3,250 191 451 3,908 247 443 658 56 -8 1433 5,450 254 688 800 43 108 -4650 -211 -580 1445 968 44 174 378 20 58 -590 -24 -116 1447 95 6 8 505 28 68 410 22 60 1448 488 38 26 0 0 0 -488 -38 -26 1449 2,060 123 283 2,815 147 194 755 24 -89 1450 1,253 73 181 2,555 194 195 1302 121 14 1451 0 0 0 1,104 87 116 1104 87 116 1452 3,437 175 427 5,180 306 556 1743 131 129 1453 5,487 230 661 465 32 53 -5022 -198 -608 1454 812 64 85 1,221 68 150 409 4 65 1455 28 3 3 28 3 3 0 0 0 1469 6,120 384 468 332 49 31 -5788 -335 -437 1472 110 15 14 1,199 149 82 1089 134 68 1474 1,415 200 180 3,720 215 221 2305 15 41 1476 1,850 154 194 2,573 196 223 723 42 29 1478 3,594 287 374 1,290 89 114 -2304 -198 -260 1535 0 0 0 0 0 0 0 0 0 Subtotal 36,474 2,249 4,234 27,591 1,877 2,620 -8,883 -372 -1614 Pass-By Trips1 -1,098 -29 -643 -308 -8 -209 (-)781 (-)21 (-)434 TOTAL 35,376 2,220 3,591 27,283 1,869 2,411 -8,102 -351 -1,180 ADT = average daily trips. PHT = peak hour trips. 1 A pass-by rate of 34% (ITE Trip Generation Manual) is applied to commercial land uses to account for vehicles already on the adjacent roadway system that visit the site. The trip generation data contained in Table 4 indicates that compared to the General Plan, the proposed CSESP land use changes would result in an overall reduction of traffic in the Specific Plan area of 8,102 average daily trips (ADT), a reduction of 351 AM peak hour trips and a reduction of 1,180 PM peak hour trips compared to GP 2035 conditions. Significant peak hour trip reductions are expected in four TAZ’s (1433, 1453, 1469 and February 15, 2022 Drew Wilson Page 7 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study 1478), while any potential trip increase per TAZ is moderate with a maximum of 134 peak hour trips in TAZ 1472. Roadway Segment Impact Assessment The roadway segment analysis contained in the PEIR focusses on 282 roadways located throughout the City of Fresno, of which 18 roadway segments are located in or directly adjacent to the Specific Plan Area. The existing conditions analysis indicates that the 18 roadway segments that could be affected by Specific Plan land use changes currently operate at acceptable service levels based on the City’s TIZ LOS standards. The PEIR also indicates that all 18 roadway segments are forecast to operate at acceptable service levels under General Plan 2035 with Circulation Element conditions based on the City’s TIZ LOS standards. The Specific Plan area trip generation estimates outlined in this study found that the CSESP Land Use Plan would result in an overall reduction of traffic in the Specific Plan area of 8,102 ADT, a reduction of 351 AM peak hour trips and a reduction of 1,180 PM peak hour trips compared to GP 2035 conditions. With respect to roadway segment operations, the following finding are made:  4 TAZ’s could expect significant peak hour trip reductions (more than 260 PHT), which would result in increased levels of service on the roadway segments directly adjacent to each TAZ.  10 TAZ’S could expect slight peak hour trip reductions or increase (-89 PHT to 65 PHT), which would not result in noticeable traffic volume change once distributed onto the study-area roadway network.  4 TAZ’s could expect moderate peak hour trip increases (more than 100 PHT to 150 PHT), which would result in slight increases in traffic volume on the roadway segments directly adjacent to each TAZ. These slight increases would not have the potential to change the 2035 roadway segment level of service levels contained in the PEIR. Table 2 indicated that 17 of the 18 roadway segments included in this study are expected to operate at LOS A- C under 2035 GP with Circulation Element conditions, well within each roadway’s minimum level of service standard. One segment – Belmont Avenue between First Street and Cedar Avenue - will be reduced from 4 lanes to 2 lanes and is expected to operate in the LOS F range per the General Plan PEIR (see Table 2). Given that Belmont Ave is on the northern boundary of the Specific Plan area and the nearest TAZ (1430) would see a reduction in trips assuming the CSESP Land Use Plan, no changes to the roadway segment’s level of service would occur. Conclusions The level of service data and trip generation data provided in this study indicates that the CSESP Land Use Plan would not result in any changes to the roadway segment peak hour levels of service contained in City of Fresno General Plan Recirculated Public Review Draft Program Environmental Impact Report (PEIR) (March 2021). February 15, 2022 Drew Wilson Page 8 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study Appendix A February 15, 2022 Drew Wilson Page 9 of 9 Reference: Central Southeast Area Specific Plan – Final Traffic Study Land Use GP GP GP TAZ Map #Housing Units Rate In Out Rate In Out Jobs SF Conversion ITE 10th Edition rates applied to GP employees Rate In Out Rate In Out 1430 6 2 0.74 0 1 0.99 1 1 #210 - Simgle-Family Detached Housing 4,000 12 12/3 = 4,000 Office: 3.0 employees/KSF 1.16 4 1 1.15 1 4 office/limited retail 1431 - 203 0.74 38 113 0.99 127 74 #210 - Simgle-Family Detached Housing 41,524 103 25/3 = 8,333 78/2.35 = 33,191 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 8 2 1.15 2 8 center mixed use (mixed office/retail)0.94 19 12 FC 115 125 1433 - 141 0.46 15 50 0.56 50 29 #220 - Multi-Family Housing (Low-Rise) 96,595 240 60/3 = 20,000 180/2.35 = 76,595 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 20 3 1.15 4 19 141 0.74 26 78 0.99 88 52 #210 - Simgle-Family Detached Housing center mixed use (mixed office/retail)0.94 45 27 FC 214 232 1445 1 31 0.46 3 11 0.56 11 6 #220 - Multi-Family Housing (Low-Rise) 28,261 74 35/3 = 11,666 39/2.35 = 16,595 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 12 2 1.15 2 11 commercial & office 0.94 10 6 FC 69 75 1447 1 13 0.46 1 5 0.56 5 3 #220 - Multi-Family Housing (Low-Rise) 0 0 - 1448 - 12 0.74 2 7 0.99 7 4 #210 - Simgle-Family Detached Housing 8,581 26 26/3.03 = 8,581 Govt Office: 3.03 employees/KSF 3.34 21 8 1.71 4 11 public & institutional 1449 2 & 3 89 0.46 9 32 0.56 31 18 #220 - Multi-Family Housing (Low-Rise) 37,453 98 30/3.03 = 9,900 15/3 = 5,000 53/2.35 = 22,553 Govt Office: 3.03 employees/KSF Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 3.34 25 8 1.71 4 13 30 0.74 6 17 0.99 19 11 #210 - Simgle-Family Detached Housing public & institutional community commercial 1.16 5 1 1.15 1 5 0.94 13 8 FC 86 94 1450 4 51 0.46 5 18 0.56 18 11 #220 - Multi-Family Housing (Low-Rise) 12,878 32 8/3 = 2,666 24/2.35 = 10,212 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 3 0 1.15 0 3 50 0.74 9 28 0.99 31 18 #210 - Simgle-Family Detached Housing community commercial 0.94 6 4 FC 48 52 1451 - 0 0 0 - 1452 - 228 0.46 24 81 0.56 80 47 #220 - Multi-Family Housing (Low-Rise) 54,255 134 30/3 = 10,000 104/2.35 = 44,255 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 10 2 1.15 2 10 center mixed use (mixed office/retail)0.94 42 16 FC 142 155 1453 7 293 0.46 31 104 0.56 103 61 #220 - Multi-Family Housing (Low-Rise) 98,439 240 40/3 = 13,333 200/2.35 = 85,106 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 13 2 1.15 2 13 center mixed use (mixed office/retail)0.94 50 30 FC 231 251 1454 5 86 0.74 16 48 0.99 54 32 #210 - Simgle-Family Detached Housing 0 0 - 1455 - 3 0.74 1 2 0.99 2 1 #210 - Simgle-Family Detached Housing 0 0 - 1469 - 836 0.46 88 296 0.56 295 173 #220 - Multi-Family Housing (Low-Rise) 0 0 - 1472 11 0 22,085 36 36/1.63 = 22,085 Light Industrial: 1.63 employees/KSF 0.7 13 2 0.63 2 12 Light industrial 1474 10 & 11 0 285,276 465 465/1.63 = 285,276 Light Industrial: 1.63 employees/KSF 0.7 176 24 0.63 23 157 light industrial 1476 9 196 0.74 36 109 0.99 122 72 #210 - Simgle-Family Detached Housing 0 0 1478 8 372 0.74 69 206 0.99 232 136 #210 - Simgle-Family Detached Housing 3,630 11 11/3.03 = 3,630 Govt Office: 3.03 employees/KSF 3.34 9 3 1.71 1 5 civic uses 1535 - 0 0 0 0 - TOTAL 2,777 381 1,203 1,276 750 692,977 1,471 504 161 953 1,255 Retail Pass-By Rate: 10% AM PHT and 34% PM PHT 19 10 308 335 2035 GP - RESIDENTIAL TRIP GENERATION 2035 GP - NON-RESIDENTIAL TRIP GENERATION TAZ GP Non-Residential SF AM Peak Hour PM Peak Hour Trip GenerationTrip Generation AM Peak Hour PM Peak Hour Land Use CSESP CSESP TAZ Map #Housing Units Rate In Out Rate In Out Jobs Zoning ITE 10th Edition rates applied to CSESP employees Rate In Out Rate In Out 1430 6 5 0.74 1 3 0.99 3 2 #210 - Simgle-Family Detached Housing 0 0 - 1431 -233 0.46 25 83 0.56 82 48 #220 - Multi-Family Housing (Low-Rise) 23,717 54 5.930x3 = 12 17.787x2.35 = 42 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 6 1 1.15 1 6 156 0.74 29 87 0.99 97 57 #210 - Simgle-Family Detached Housing center mixed use (mixed office/retail)0.94 10 7 FC 72 79 1433 -79 0.46 8 28 0.56 28 16 #220 - Multi-Family Housing (Low-Rise) 7,145 18 1.786x3 = 5 5.359x2.35 = 13 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 2 0 1.15 0 2 center mixed use (mixed office/retail)0.94 3 2 FC 30 32 1445 1 37 0.46 4 13 0.56 13 8 #220 - Multi-Family Housing (Low-Rise) 3,460 9 0.865x3 = 3 2.595x2.35 = 6 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 1 0 1.15 0 1 center mixed use (mixed office/retail)0.94 1 1 FC 17 19 1447 1 55 0.46 6 19 0.56 19 11 #220 - Multi-Family Housing (Low-Rise) 3,390 9 0.848/3 = 3 2.542/2.35 = 6 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 1 0 1.15 0 1 center mixed use (mixed office/retail)0.94 1 1 FC 17 19 1448 -0 0 0 - 1449 2 & 3 281 0.46 30 100 0.56 99 58 #220 - Multi-Family Housing (Low-Rise) 24,652 62 6.136x3 = 18 18.516/2.35 = 44 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 1 0 1.15 0 1 center mixed use (mixed office/retail) community commercial 0.94 10 7 FC 17 19 1450 4 295 0.46 31 104 0.56 104 61 #220 - Multi-Family Housing (Low-Rise) 17,459 53 17.46x.3.03 = 53 Govt Office: 3.03 employees/KSF 3.34 43 15 1.71 7 23 Urban Neighborhood 1451 -117 0.74 22 65 0.99 73 43 #210 - Simgle-Family Detached Housing 0 0 - 1452 -421 0.46 45 149 0.56 149 87 #220 - Multi-Family Housing (Low-Rise) 36,050 91 9.013x3 = 27 27.037/2.35 = 64 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 9 1 1.15 1 9 105 0.74 19 58 0.99 65 38 #210 - Simgle-Family Detached Housing center mixed use (mixed office/retail)0.94 15 10 FC 99 107 1453 7 34 0.46 4 12 0.56 12 7 #220 - Multi-Family Housing (Low-Rise) 725 2 0.725/2.35 = 2 Retail: 2.35 employees/KSF 0.94 1 1 FC 7 7 20 0.74 4 11 0.99 12 7 #210 - Simgle-Family Detached Housing retail 1454 5 127 0.46 13 45 0.56 45 26 #220 - Multi-Family Housing (Low-Rise) 9,405 24 2.351x3 = 7 7.045/2.35 = 17 Office: 3.0 employees/KSF Retail: 2.35 employees/KSF 1.16 3 0 1.15 0 3 center mixed use (mixed office/retail)0.94 4 3 FC 36 40 1455 -3 0.74 1 2 0.99 2 1 #210 - Simgle-Family Detached Housing 0 0 - 1469 -0 30,334 64 10.334x3.03 = 31 20.000 x 1.63 = 33 Govt Office: 3.03 employees/KSF 3.34 26 9 1.71 4 14 business park Light Industrial: 1.63 employees/KSF 0.7 12 2 0.63 2 11 1472 11 0 69,333 199 20.000 x 3.03 = 61 40.000x3.08 = 123 9.333x1.63 = 15 Business Park: 3.08 employees/KSF Govt Office: 3.03 employees/KSF Light Industrial: 1.63 employees/KSF 0.4 5 3 0.42 3 5 business park 3.34 100 34 1.71 17 51 0.7 6 1 0.63 1 5 1474 10 & 11 53 0.46 6 19 0.56 19 11 #220 - Multi-Family Housing (Low-Rise) 323,860 809 193.860 x 3.08 = 597 130.000x1.63 = 212 Business Park: 3.08 employees/KSF 0.4 47 31 0.42 37 44 29 0.74 5 16 0.99 18 11 #210 - Simgle-Family Detached Housing business park Light Industrial: 1.63 employees/KSF 0.7 80 11 0.63 11 71 1476 9 188 0.46 20 67 0.56 66 39 #220 - Multi-Family Housing (Low-Rise) 10,589 32 10.589x.3.03 = 32 101 0.74 19 56 0.99 63 37 #210 - Simgle-Family Detached Housing Urban Neighborhood Govt Office: 3.03 employees/KSF 3.34 26 9 1.71 4 14 1478 8 104 0.46 11 37 0.56 37 22 #220 - Multi-Family Housing (Low-Rise) 0 0 56 0.74 10 31 0.99 35 21 #210 - Simgle-Family Detached Housing - 1535 -0 0 0 - TOTAL 2,499 311 1004 1042 612 560,119 1,426 413 149 383 583 Retail Pass-By Rate: 10% AM PHT and 34% PM PHT 5 3 100 109 2035 CSESP - RESIDENTIAL TRIP GENERATION 2035 CSESP - NON-RESIDENTIAL TRIP GENERATION TAZ CSESP Non- Residential SF Trip Generation AM Peak Hour PM Peak Hour Trip Generation AM Peak Hour PM Peak Hour GP GP Housing Units In Out In Out Jobs In Out In Out In Out In Out 1430 2 0 1 1 1 4,000 12 4 1 1 4 4 2 2 5 1431 203 38 113 127 74 41,524 103 8 2 2 8 46 115 129 82 19 12 115 125 19 12 115 125 1433 141 15 50 50 29 96,595 240 20 3 4 19 35 53 54 48 141 26 78 88 52 45 27 214 232 71 105 302 284 1445 31 3 11 11 6 28,261 74 12 2 2 11 15 13 13 17 10 6 69 75 10 6 69 75 1447 13 1 5 5 3 0 0 1 5 5 3 1448 12 2 7 7 4 8,581 26 21 8 4 11 23 15 11 15 1449 89 9 32 31 18 37,453 98 25 8 4 13 34 40 35 31 30 6 17 19 11 5 1 1 5 11 18 20 16 13 8 86 94 13 8 86 94 1450 51 5 18 18 11 12,878 32 3 0 0 3 8 18 18 14 50 9 28 31 18 6 4 48 52 15 32 79 70 1451 0 0 0 1452 228 24 81 80 47 54,255 134 10 2 2 10 34 83 82 57 42 16 142 155 42 16 142 155 1453 293 31 104 103 61 98,439 240 13 2 2 13 44 106 105 74 50 30 231 251 50 30 231 251 1454 86 16 48 54 32 0 0 16 48 54 32 1455 3 1 2 2 1 0 0 1 2 2 1 1469 836 88 296 295 173 0 0 88 296 295 173 1472 0 22,085 36 13 2 2 12 13 2 2 12 1474 0 285,276 465 176 24 23 157 176 24 23 157 1476 196 36 109 122 72 0 0 36 109 122 72 1478 372 69 206 232 136 3,630 11 9 3 1 5 78 209 233 141 1535 0 0 0 TOTAL 2,777 381 1,203 1,276 750 692,977 1,471 504 161 953 1,255 885 1,364 2,229 2,005 Retail Pass-By Rate: 10% AM PHT and 34% PM PHT 19 10 308 335 NET NEW TRIPS 866 1,354 1,922 1,670 AM Peak Hour PM Peak Hour 2035 GP - TOTAL TRIP GENERATION2035 GP - RESIDENTIAL TRIP GENERATION 2035 GP - NON-RESIDENTIAL TRIP GENERATION TAZ AM Peak Hour PM Peak Hour GP Non- Residential SF AM Peak Hour PM Peak Hour CSESP CSESP Housing Units In Out In Out Jobs In Out In Out In Out In Out 1430 5 1 3 3 2 0 0 1 3 3 2 1431 233 25 83 82 48 23,717 54 6 1 1 6 31 84 83 54 156 29 87 97 57 10 7 72 79 39 94 169 136 1433 79 8 28 28 16 7,145 18 2 0 0 2 10 28 28 18 3 2 30 32 3 2 30 32 1445 37 4 13 13 8 3,460 9 1 0 0 1 5 13 13 9 1 1 17 19 1 1 17 19 1447 55 6 19 19 11 3,390 9 1 0 0 1 7 19 19 12 1 1 17 19 1 1 17 19 1448 0 0 0 1449 281 30 100 99 58 24,652 62 1 0 0 1 31 100 99 59 10 7 17 19 10 7 17 19 1450 295 31 104 104 61 17,459 53 43 15 7 23 74 119 111 84 1451 117 22 65 73 43 0 0 22 65 73 43 1452 421 45 149 149 87 36,050 91 9 1 1 9 54 150 150 96 105 19 58 65 38 15 10 99 107 34 68 164 145 1453 34 4 12 12 7 725 2 1 1 7 7 5 13 19 14 20 4 11 12 7 4 11 12 7 1454 127 13 45 45 26 9,405 24 3 0 0 3 16 45 45 29 4 3 36 40 4 3 36 40 1455 3 1 2 2 1 0 0 1 2 2 1 1469 0 30,334 64 26 9 4 14 26 9 4 14 12 2 2 11 12 2 2 11 1472 0 69,333 199 5 3 3 5 5 3 3 5 100 34 17 51 100 34 17 51 6 1 1 5 6 1 1 5 1474 53 6 19 19 11 323,860 809 47 31 37 44 53 50 56 55 29 5 16 18 11 80 11 11 71 85 27 29 82 1476 188 20 67 66 39 10,589 32 20 67 66 39 101 19 56 63 37 26 9 4 14 45 65 67 51 1478 104 11 37 37 22 0 0 11 37 37 22 56 10 31 35 21 10 31 35 21 1535 0 0 0 TOTAL 2,499 311 1,004 1,042 612 560,119 1,426 413 149 383 583 724 1,153 1,425 1,195 Retail Pass-By Rate: 10% AM PHT and 34% PM PHT 5 3 100 109 NET NEW TRIPS 719 1,150 1,325 1,086 2035 CSESP - TOTAL TRIP GENERATION AM Peak Hour PM Peak Hour 2035 CSESP - RESIDENTIAL TRIP GENERATION 2035 CSESP - NON-RESIDENTIAL TRIP GENERATION TAZ AM Peak Hour PM Peak Hour CSESP Non- Residential SF AM Peak Hour PM Peak Hour THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Area Specific Plan Subsequent Mitigated Negative Declaration FirstCarbon Solutions B.2 - Vehicle Miles Traveled Analysis THIS PAGE INTENTIONALLY LEFT BLANK CARLSBAD CLOVIS IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO 1500 Iowa Avenue, Suite 200, Riverside, California 92507 951.781.9310 www.lsa.net MEMORANDUM DATE: August 16, 2022 TO: Sophia Pagoulatos and Drew Wilson, City of Fresno FROM: Ambarish Mukherjee, Principal, LSA SUBJECT: Fresno Central Southeast Area Specific Plan ‐ Vehicle Miles Traveled Analysis LSA has prepared this memorandum documenting the methodology and findings of a Vehicle Miles Traveled (VMT) analysis for the Fresno Central Southeast Area Specific Plan (CSESP) (project/specific plan) in the City of Fresno (City). Based on our understanding of the project, modifications are currently being proposed for some of the CSESP land uses. As such, these updates within CSESP would require a General Plan Amendment (GPA). Since the project is a specific plan, it qualifies as a land use plan. Therefore, the project’s VMT analysis needs to be prepared using the criteria set forth in the City’s CEQA Guidelines for VMT Thresholds (VMT Guidelines) adopted June 25, 2020 for land use plans. The City’s VMT guidelines require that for land use plans, the project’s VMT per capita and VMT per employee under forecast/cumulative scenario be compared to the corresponding base year VMT per capita/employee to determine whether the project would have a significant VMT impact. Additionally, this memorandum also provides VMT per capita and VMT per employee under the no project cumulative scenario (no changes to the General Plan) for uses within the CSESP area. Although analysis of this scenario is not required per the City’s guidelines, the findings from this analysis will help develop a narrative regarding whether the proposed project would be beneficial in reducing VMT per capita and VMT per employee under cumulative conditions. The Fresno Council of Governments (Fresno COG) Activity Based Model (ABM) has been used to determine VMT impact of the proposed changes. INTRODUCTION On December 28, 2018, the California Office of Administrative Law cleared the revised California Environmental Quality Act (CEQA) guidelines for use. Among the changes to the guidelines was removal of vehicle delay and level of service from consideration under CEQA. With the adopted guidelines, transportation impacts are to be evaluated based on a project’s/plan’s effect on VMT. PROJECT DESCRIPTION The Fresno CSESP is a long‐term, comprehensive planning document which provides the basis for implementation of the City’s General Plan over the 2,200‐acre Plan Area. The CSESP provides policies relating to land use and urban design, transportation, public spaces, and economic development, as well as a range of specific projects that would address these policies in areas considered deficient in their existing condition. The CSESP Public Draft, completed in April 2021, defines the Plan Area, and shows proposed land use changes as shown in Figure 1. 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) Figure 1: CSESP Plan Area and Proposed Land Use Changes 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) METHODOLOGY These updates within CSESP would require a GPA. Since the project is a specific plan, it qualifies as a land use plan. Therefore, the project’s VMT analysis needs to be prepared using the criteria set forth in the City’s VMT Guidelines, 2020, for land use plans. The VMT Guidelines also provide multiple screening criteria for land use projects. However, given the project is a specific plan with an amendment and would require a GPA, the screening criteria are not applicable and hence a complete VMT analysis was conducted. The City’s VMT guidelines require that for land use plans, the project’s VMT per capita and VMT per employee under forecast/cumulative scenario be compared to the corresponding base year VMT per capita/employee to determine whether the project would have a significant VMT impact. The Fresno Council of Governments (Fresno COG) Activity Based Model (ABM) has been used to determine VMT impact of the proposed changes. Total CSESP area comprises of 19 ABM/model Traffic Analysis Zones (TAZs) – 1096, 1115, 1117, 1135, 1136, 1137, 1138, 1139, 1140, 1153, 1154, 1155, 1156, 1157, 1166, 1167, 1168, 1169 and 1170 as shown in Figure 2. The current amendment is proposing changes in approximately 14 different areas within the specific plan (identified in Figure 1). The 14 different areas fall within 11 ABM TAZs. The proposed land uses within these 14 areas are shown in Figure 3. The city provided the existing and proposed CSESP land uses for these amended areas/parcels. PROJECT TRAFFIC ANALYSIS ZONES UPDATE LSA converted the amended parcel land uses into model socioeconomic categories using generic land use to socioeconomic conversion factors. The conversion factors are same as the conversion factors used during the City’s latest General Plan update. Table 1 shows the conversion factors used to convert the CSESP amended land uses into model socioeconomic categories. Table 1: CSESP Proposed Land Use Conversion Factors CSESP Proposed Land Use DUs per Acre Employees per Acre Business Park 0.0 16.3 Commercial Community 0.0 17.5 Corridor ‐ Center Mixed Use * 9.6 26.2 Residential ‐ Medium Density 8.0 0.0 Residential ‐ Medium High Density 14.0 0.0 Urban Neighborhood 24.0 0.0 DU – Dwelling Units *: Assumed 75% of area for residential uses and 25% of area for non‐residential uses 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) Figure 2: Fresno COG Activity‐Based Model Traffic Analysis Zones 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) Figure 3: Proposed CSESP Land Use Changes 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) Table 2 shows the resulting dwelling units and total employment for each project TAZ. LSA understands that the conversion was conducted using maximum densities as specific probable densities are unavailable and use of maximum densities would also present with a conservative scenario. Table 2: CSESP Proposed Dwelling Units and Employment Existing Fresno COG TAZ / Parent TAZ New TAZ ID for VMT Analysis CSESP Amendment Area DU CSESP Amendment Area Employment 1096 2856 48 ‐ 1136 2857 443 ‐ 1138 2858 50 46 1139 2859 75 ‐ 1153 2860 60 54 1154 2860 43 39 1155 2861 143 861 1167 2862 ‐ 837 1168 2863 356 609 1169 2864 142 ‐ 1170 2865 183 ‐ Total 1,544 2,447 DU – Dwelling Units The Fresno COG ABM includes ability to split zones/add new zones. As indicated before, the 14 different areas with amendments fall within 11 ABM TAZs. To isolate the effect of the amendments, 10 new TAZs were created for the 11 different areas. Amendments in existing TAZs 1153 and 1154 were combined into one new TAZ, given parcels in both areas contain same land use type and are adjacent to one another. Given that the proposed project is an amendment to the 2035 General Plan, the amended land uses cannot be directly added to the model but the 2035 growth in the Fresno COG model dataset need to be adjusted appropriately before adding the amendments. Upon conversion of the amendment land uses to socioeconomic data (SED), the General Plan SED from Fresno COG 2035 was adjusted appropriately and SED for the amendment was added into the new model TAZs. Comparison of SED between CSESP amendments and Fresno COG growth (2035 – 2019) was conducted at a TAZ level. Table 3 illustrates the existing 2019, 2035 ABM, CSESP amendment SEDs, and the corresponding adjusted SED for the parent/original TAZs. The adjusted SED for the parent/original TAZs was arrived by the following methodology:  For each TAZ, if proposed CSESP SED is higher than the model growth, then entire growth for the TAZ was removed from Fresno COG 2035 model. 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx)  If model growth is higher than CSESP SED then, the model growth was adjusted to the difference between model growth and CSESP SED (model growth minus CSESP amendment data). The corresponding SED for the proposed CSESP was added to the new TAZs as a conservative approach. Same methodology was followed for both households and total employment. The resulting 2035 SED for the parent TAZs is illustrated under the “Adjusted 2035 ABM” columns of Table 3. The 2035 SED for the project TAZs is illustrated in previously referenced Table 2. MODEL RUNS AND PROJECT VMT ESTIMATION A horizon year (2035) model run was conducted using the adjusted socioeconomic data for the original zones (Table 3) and amended socioeconomic data for the new TAZs (Table 2). No roadway or transit network modifications were conducted for the model run with the CSESP amendments. The outputs from this updated model run were used to calculate the VMT per capita and VMT per employee for the proposed amendments. As indicated before, for land use plans, the City’s guidelines recommend use of VMT per capita to evaluate residential land uses and VMT per employee to evaluate non‐residential land uses. Since the project contains both residential and non‐residential uses, LSA estimated VMT per capita for the amended parcel’s residential land uses and VMT per employee for the non‐residential land uses. VMT metrics for Fresno COG ABM include two components, internal‐internal (II) and internal‐ external/external‐internal (IXXI) VMT. Both II VMT and IX/XI VMT were included in the estimation of overall project VMT per capita and VMT per employee. PROJECT VMT ANALYSIS Table 4 shows the VMT metrics for the amended parcels only. As can be seen from Table 4, the proposed amendments/project does not constitute a significant VMT impact. Table 4: 2035 CSESP Amended Parcels Only and Regional VMT Metrics 2035 CSESP (Project) City of Fresno (Threshold) *** Significant Impact VMT per capita * 8.7 14.0 No VMT per employee ** 20.0 22.3 No *: VMT per capita estimate includes internal‐internal (II) and internal‐external (IX) VMT **: VMT per employee estimate includes internal‐internal (primary work tour and sub‐tours) and external‐internal (XI) VMT ***: City thresholds are 13% below the existing county averages 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) 8 Table 3: Model Socioeconomic data Adjustments for CSESP Amendments 2019 ABM 2035 ABM Growth ABM (2035 ‐ 2019) CSESP Amendment Area Adjusted 2035 ABM ABM TAZ Total Households Total Employment Total Households Total Employment Total Households Total Employment Total Households Total Employment Total Households Total Employment 1096 417 80 418 82 1 2 48 ‐ 417 82 1115 898 263 931 267 33 5 na na 931 267 1117 273 704 391 723 118 19 na na 391 723 1135 262 263 280 281 18 18 na na 280 281 1136 516 254 520 254 4 (0) 443 ‐ 516 254 1137 122 1,201 122 1,201 ‐ (0) na na 122 1201 1138 884 394 938 394 54 ‐ 50 46 888 394 1139 505 1,099 505 1,099 ‐ (0) 75 ‐ 505 1099 1140 101 4,892 101 4,892 ‐ ‐ na na 101 4892 1153 437 826 465 825 28 (0) 60 54 437 826 1154 549 176 581 176 32 (0) 43 39 549 176 1155 655 561 688 575 33 14 143 861 655 561 1156 687 63 687 75 ‐ 12 na na 687 75 1157 623 1,089 638 1,150 15 61 na na 638 1150 1166 1 216 1 928 ‐ 712 na na 1 928 1167 21 387 21 668 ‐ 281 ‐ 837 21 387 1168 95 544 95 575 ‐ 31 356 609 95 544 1169 486 110 518 110 32 (0) 142 ‐ 486 110 1170 436 103 438 103 2 (0) 183 ‐ 436 103 Total 7,968 13,224 8,338 14,377 370 1,153 1,544 2,447 8,156 14,052 8/16/22 (P:\CFO2203_CSESP\Fresno_CSESP_VMT Analysis_Memorandum_08‐16‐2022.docx) VMT metrics for the entire CSESP area were also estimated with and without the proposed amendments to assess their impact to the entire specific plan area. As can be seen from Tables 5 and 6, (both VMT per capita and VMT per employee) for the entire CSESP area with proposed amendments (project) as the CSESP area without proposed amendments (no project) scenarios would not have a significant VMT impact. Additionally, as can be identified from both tables, the project would have a lower VMT per capita and VMT per employee compared to the no project scenario within the entire CSESP plan area. Table 5: 2035 CSESP Entire Plan Area and Regional VMT Metrics With Proposed Amendments 2035 CSESP (Project) City of Fresno (Threshold) *** Significant Impact VMT per capita * 8.7 14.0 No VMT per employee ** 20.4 22.3 No *: VMT per capita estimate includes internal‐internal (II) and internal‐external (IX) VMT **: VMT per employee estimate includes internal‐internal (primary work tour and sub‐tours) and external‐internal (XI) VMT ***: City thresholds are 13% below the existing county averages Table 6: 2035 CSESP Entire Plan Area and Regional VMT Metrics Without Proposed Amendments 2035 CSESP (Project) City of Fresno (Threshold) *** Significant Impact VMT per capita * 9.2 14.0 No VMT per employee ** 20.7 22.3 No *: VMT per capita estimate includes internal‐internal (II) and internal‐external (IX) VMT **: VMT per employee estimate includes internal‐internal (primary work tour and sub‐tours) and external‐internal (XI) VMT ***: City thresholds are 13% below the existing county averages ATTACHMENTS Appendix A – Detailed VMT Calculation Worksheets Appendix A: Central Southeast Specific Plan (CSESP), City of Fresno VMT Analysis (Amended Parcels Only) Detailed VMT per capita calculations Total households 1,544 Total Population (a)4,403 Total Internal‐Internal (II) household VMT (b) *26,591 II VMT per capita (c=a/b)6.04 IX VMT per capita (d) **2.28 VMT per capita (e=c+d)8.32 Adjustment factor (new base)(f)1.05 Adjusted VMT per capita (g=e*f)8.74 Detailed VMT per employee calculations Total employment (a)2,447 Total Internal‐Internal (II) Work VMT (b) *27,922 II VMT per employee (c=a/b)11.41 XI VMT per employee (d) **8.13 VMT per employee (e=c+d)19.54 Adjustment factor (new base)(f)1.02 Adjusted VMT per capita (g=e*f)20.01 P:\CFO2203\comparison_csesp.xlsx Appendix A: Central Southeast Specific Plan (CSESP), City of Fresno VMT Analysis (Entire CSESP area including CSESP Amendments) Detailed VMT per capita calculations Total households 10,982 Total Population (a)33,075 Total Internal‐Internal (II) household VMT (b) *201,778 II VMT per capita (c=a/b)6.10 IX VMT per capita (d) **2.18 VMT per capita (e=c+d)8.28 Adjustment factor (new base)(f)1.05 Adjusted VMT per capita (g=e*f)8.70 Detailed VMT per employee calculations Total employment (a)16,498 Total Internal‐Internal (II) Work VMT (b) *199,425 II VMT per employee (c=a/b)12.09 XI VMT per employee (d) **7.81 VMT per employee (e=c+d)19.89 Adjustment factor (new base)(f)1.02 Adjusted VMT per capita (g=e*f)20.38 P:\CFO2203\comparison_csesp.xlsx Appendix A: No project / 2035 Fresno COG ABM, City of Fresno VMT Analysis (Entire CSESP area) Detailed VMT per capita calculations Total households 9,485 Total Population (a)27,560 Total Internal‐Internal (II) household VMT (b) *181,642 II VMT per capita (c=a/b)6.59 IX VMT per capita (d) **2.18 VMT per capita (e=c+d)8.77 Adjustment factor (new base)(f)1.05 Adjusted VMT per capita (g=e*f)9.22 Detailed VMT per employee calculations Total employment (a)14,377 Total Internal‐Internal (II) Work VMT (b) *177,625 II VMT per employee (c=a/b)12.35 XI VMT per employee (d) **7.81 VMT per employee (e=c+d)20.16 Adjustment factor (new base)(f)1.02 Adjusted VMT per capita (g=e*f)20.65 P:\CFO2203_CSESP\comparison_csesp.xlsx Fresno Metropolitan Flood Control District Capturing Stormwater since 1956 k:\letters\rezone letters\fresno\2023\23-02413(central southeast gpa-rezone)(dw).docx 5469 E. Olive Avenue • Fresno, CA 93727 • (559) 456-3292 • FAX (559) 456-3194 www.fresnofloodcontrol.org File 310. “A”, “BF”, “GG”, “II2”, “PP”, “Y”, “Z” 420.216 March 6, 2023 Jennifer Clark, Director, Planning and Development Department c/o Drew Wilson, Supervising Planner, Planning and Development Department City of Fresno 2600 Fresno Street, Room 3065 Fresno, CA 93721 Dear Drew, Notice of Intent to Adopt a Mitigated Negative Declaration General Plan Amendment and Rezone P23-02413 for the Central Southeast Area Specific Plan Drainage Areas “A”, “BF”, “GG”, “II2”, “PP”, “Y”, “Z” The Fresno Metropolitan Flood Control District (FMFCD) has adopted storm drainage Master Plan systems for the areas located within the Central Southeast Specific Plan (Plan Area). These Master Plan systems are based on the previously adopted General and Specific Plan land uses. For areas that have existing drainage facilities and propose changes to land uses that generate more runoff than originally planned, some type of mitigation to accommodate the increased flow such as parallel pipes and/or on-site retention may be required. FMFCD has identified properties within the Plan Area that may require some form of mitigation (see attached Page 5, Exhibit 5 of the Plan Area). The properties may either make improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Implementation of the mitigation measures may be deferred until the time of development. Should the properties choose to construct a permanent peak reducing facility, this system would be required to reduce runoff from a ten-year storm produced by the increased land use and release a two-year discharge which would be produced by FMFCD’s existing system design. The developer will be required to submit improvement plans to the District for review and approval showing the proposed method of mitigation prior to implementation. City of Fresno Planning & Development Department Notice of Intent to Adopt a Mitigated Negative Declaration General Plan Amendment and Rezone P23-02413 for the Central Southeast Area Specific Plan Drainage Areas “A”, “BF”, “GG”, “II2”, “PP”, “Y”, “Z” March 6, 2023 Page 2 k:\letters\rezone letters\fresno\2023\23-02413(central southeast gpa-rezone)(dw).docx FMFCD offers the following comments specific to the review of the Plan Area (the individual pages are included and the section or sentence has been highlighted for your reference): 1. Page 120, (iii): Revise first paragraph sentence [Therefore, runoff from the proposed project has already been anticipated by the General Plan and would not exceed the capacity of the storm drainage system.] to [Should runoff from the proposed project not previously anticipated by the General Plan exceed the capacity of the storm drainage system some form of mitigation will be required.] 2. Page 120, (iii): Revise second paragraph to remove “would” and “Maple” to “includes future” and “Chestnut”. Add sentence: “A twenty-five foot (25’) wide storm drain easement shall be dedicated by APN’s 480-080-03 and 05 (along California Avenue west of Chestnut Avenue to FMFCD Basin) at such time development occurs for a future 36” storm drain pipeline. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees.” 3. Page 168, Stormwater: Revise paragraph to remove “Maple” and include “Chestnut” and “future”. Add sentence: “A twenty-five foot (25’) wide storm drain easement shall be dedicated by APN’s 480-080-03 and 05 (along California Avenue west of Chestnut Avenue to FMFCD Basin) at such time development occurs for a future 36” storm drain pipeline. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees.” The City of Fresno, FMFCD, the County of Fresno, the City of Clovis, and the California State University, Fresno are currently covered as Co-Permittees for Municipal Separate Storm Sewer System (MS4) discharges through National Pollutant Discharge Elimination System (NPDES) General Order No. R5-2016-0040 and NPDES Permit No. CAS0085324 (Storm Water Permit) effective May 17, 2018. The previous Storm Water Permit adopted on May 31, 2013 required the adoption of Stormwater Quality Management Program (SWQMP) that describes the Storm Water Permit implementation actions and Co-Permittee responsibilities. That SWQMP was approved by the Central Valley Regional Water Quality Control Board on April 17, 2015 and is effective until adoption of a new SWQMP, which is anticipated within the next two years. City of Fresno Planning & Development Department Notice of Intent to Adopt a Mitigated Negative Declaration General Plan Amendment and Rezone P23-02413 for the Central Southeast Area Specific Plan Drainage Areas “A”, “BF”, “GG”, “II2”, “PP”, “Y”, “Z” March 6, 2023 Page 3 k:\letters\rezone letters\fresno\2023\23-02413(central southeast gpa-rezone)(dw).docx The Storm Water Permit requires that Co-Permittees update their CEQA process to incorporate procedures for considering potential stormwater quality impacts when preparing and reviewing CEQA documents. This requirement is found on Provision D.14 of the 2013 Storm Water Permit and in Section 7: Planning and Land Development Program – PLD 3 – Update CEQA Process. The District has created a guidance document that will meet this Storm Water Permit requirement entitled Guidance for Addressing Stormwater Quality for CEQA Review, which has been attached. In an effort to streamline future CEQA processing and maintain compliance with the Storm Water Permit, FMFCD recommends that all future CEQA review within the City of Fresno utilize the attached guidance document Exhibit “A”. Thank you for the opportunity to comment. If you have any questions or require further information, please do not hesitate to contact me at (559) 456-3292. Sincerely, Denise Wade Master Plan and Special Projects Manager DW/lrl Attachments I 50000002 • 10/2021 | 5_.cdrProposed Land Use Changes Exhibit 5 Proposed Land Use Changes RAIMI AND ASSOCIATES FRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN PROJECT ADDENDUM Source: City of Fresno Central Southeast Area Specific Plan, April 2021. Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 120 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Regulatory mechanisms in place that would reduce the impacts of construction activities on drainage patterns that could result in flooding on or off the construction site include compliance with the City’s grading plan check process, the Storm Drainage and Flood Control Master Plan, and the NPDES Construction General Permit. Discussion of these regulatory processes is included in the previous section’s discussion of erosion and siltation. Compliance with these required regulations would reduce the project construction impacts on drainage patterns and flooding on and off the construction site to less than significant levels. Operationally, future development under the proposed project has the potential to increase the amount of paved, impervious surfaces within the Specific Plan Area. However, development proposed in the Specific Plan is less than what was contemplated by the General Plan and is therefore consistent with the stormwater rates and volumes anticipated in the General Plan. Objective NS-3 and Policies NS-3-a, NS-3-b, NS-3-e, NS-3-h, NS-3-i of the approved General Plan were designed to reduce flooding impacts. Implementation of the grading plan check process, and compliance with General Plan policies would ensure that surface runoff and long-term project flooding impacts associated with alteration of grading patterns are less than significant. (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or Less than significant impact. Continued implementation of the General Plan is projected to increase the impervious surface area within the City and its SOI. The proposed project would redevelop a number of vacant parcels to other uses. While the proposed project has the potential to increase impervious surface and as such, increase the amount of stormwater runoff, development consistent with the proposed project would reduce the total amount of development in the Specific Plan Area compared to what was contemplated by the General Plan. Therefore, runoff from the proposed project has already been anticipated by the General Plan and would not exceed the capacity of the storm drainage system. Additionally, the proposed project would include storm drain improvements in California Avenue between Cedar and Maple Avenues and the detention basin to the south of the Specific Plan Area. Participation in the NPDES Permit process would reduce impacts to surface waters to acceptable levels, and long-term project impacts to surface or groundwater quality would not exceed acceptable levels. Continued implementation of the approved General Plan policies NS-3-a, NS-3-b, NS-3-e, NS-3-h, NS-3-I and POSS-6-b, along with preparation, implementation, and participation in the NPDES Permit process would reduce project-specific impacts on water quality associated with the significant increase in stormwater runoff. Additionally, Chapter 6, Article 7, Urban Storm Water Quality Management and Discharge Control, of the Fresno Municipal Code establishes provisions regarding stormwater discharges to ensure the health, safety, and general welfare of citizens and protect the water quality of watercourses and water bodies by reducing pollutants in urban stormwater discharges to the maximum extent practicable and by effectively prohibiting non- Environmental Checklist and City of Fresno–Fresno Central Southeast Area Specific Plan Environmental Evaluation Subsequent Mitigated Negative Declaration 168 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/SMND/50000002 Fresno Central Southeast Area SP Subsequent MND (1).docx Wastewater As discussed above, the City’s WMD provides wastewater collection and treatment services to the City, including the Specific Plan Area. The WMD manages and maintains approximately 1,600 miles of gravity sewer lines up to 84-inches in diameter, 15 active lift stations, and associated force mains. Nearly all of the wastewater generated within the sewer service area is conveyed to the City’s RWRF for treatment. The City’s 2015 Wastewater Collection System Master Plan (CSMP) Update identified 2015 wastewater flows and projected wastewater flows at General Plan buildout. In general, wastewater consists of Base Wastewater Flow (BWF) and Wet Weather Flow (WWF). BWF is flow generated by routine water usage in the residential, commercial, business and industrial sectors of the collection system. WWF includes stormwater inflow, trench infiltration, and wet weather ground water infiltration. Peak Wet Weather Flow (PWWF) is the highest observed hourly flow that occurs following the design storm event. The City’s BWF is projected to roughly double from 64.1 million gallons per day (mgd) to 129.9 mgd by buildout, whereas the PWWF is projected to increase from 123.9 mgd to about 202.4 mgd by buildout (an increase of approximately 63 percent). Therefore, the City’s PWWF to BWF peaking factor is projected to decrease from roughly 1.93 to 1.56, which is relatively low for sanitary sewer collection systems.93 The CSMP Update concluded that, in general, the City’s existing collection system has sufficient capacity to convey current PWWFs without exceeding the established flow depth criterion. However, there are a few areas where capacity restrictions lead to flow depths that exceed allowable levels. The 2015 CSMP Update identified improvements to address current and future deficiencies in the sewer collection system. The majority of improvements are driven by future development, which consist of new sewers that serve future growth or improvements to existing facilities that are needed to serve future growth. When fully implemented, the capital projects will allow the conveyance of PWWFs to the RWRF during buildout conditions The primary impact identified within the Plan Area was the Orange Avenue trunk sewer main. The needed capacity improvements consist of replacing approximately 6,050 feet of 36-inch diameter pipeline with a new 42-inch diameter sewer on segments of 8th Street, Woodward Avenue, and Orange Avenue in the Plan Area. No major sewer pipeline structural deficiencies were identified within the Specific Plan Area. The approved General Plan includes several policies to address wastewater generation and reduction of wastewater flows including PU-7-a, PU-7-b and PU-7-f. In addition, continual update of the Sewer System Management Plan and CSMP and capital improvement projects would serve to ensure that wastewater flows would be accommodated.94 The impact of future development on wastewater infrastructure would be assessed on an individual basis for specific projects. Additionally, because the proposed project contains less development than anticipated in the General Plan, the proposed project would not require the construction of additional wastewater facilities. Stormwater As previously discussed, the Specific Plan Area is within the FMFCD. According to the Specific Plan, California Avenue between Cedar and Maple Avenues and the detention basin to the south of the Plan Area have been identified for storm drain improvements. The FMFCD approved the 2016 93 City of Fresno. 2015. Wastewater Collection System Master Plan Update. September. 94 City of Fresno. 2020. City of Fresno General Plan Program Environmental Impact Report. March. j:\environmental\swqmp implementation\7 planning and land development program\pld3 update to ceqa process\ceqa review guidance.docx Page 1 Fresno Metropolitan Flood Control District Guidance for Addressing Stormwater Quality for CEQA Review Stormwater Checklist for CEQA Review a. Potential impact of project construction on stormwater runoff. Stormwater runoff from construction activities can have a significant impact on water quality. To build on sites with over one acre of disturbed land, property owners must obtain coverage under the California Construction General Permit for Discharges of Stormwater (CGP). The CGP is issued by the State Water Resources Control Board (SWRCB). The CGP requires sites that do not qualify for an erosivity waiver to create a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP is a site-specific plan that is designed to control the discharge of pollutants from the construction site to local storm drains and waterways. b. Potential impact of project post-construction activity on stormwater runoff. FMFCD operates the Regional Stormwater Mitigation System, which consists of facilities to handle stormwater runoff and non-stormwater discharges in the FMFCD service area. However, river discharging drainage areas and drainage areas without basin service are subject to FMFCD Policy: Providing for Compliance with Post-Development and Industrial Storm Water Pollution Control Requirements (Policy). Development and redevelopment projects can result in discharge of pollutants to receiving waters. Pollutants of concern for a project site depend on the following factors: •Project location; •Land use and activities that have occurred on the project site in the past; •Land use and activities that are likely to occur in the future; and •Receiving water impairments. As land use activities and site design practices evolve, particularly with increased incorporation of stormwater quality BMPs, characteristic stormwater runoff concentrations and pollutants of concern from various land use types are also likely to change. Typical Pollutants of Concern and Sources for Post-Development Areas Pollutant Potential Sources Sediment (total suspended solids and turbidity), trash and debris (gross solids and floatables) Streets, landscaped areas, driveways, roads, construction activities, atmospheric deposition, soil erosion (channels and slopes) j:\environmental\swqmp implementation\7 planning and land development program\pld3 update to ceqa process\ceqa review guidance.docx Page 2 Pesticides and herbicides Residential lawns and gardens, roadsides, utility right-of- ways, commercial and industrial landscaped areas, soil wash-off Organic materials/oxygen demanding substances Residential laws and gardens, commercial landscaping, animal waste Metals Automobiles, bridges, atmospheric deposition, industrial areas, soil erosion, metal surfaces, combustion processes Oil and grease, organics associated with petroleum Roads, driveways, parking lots, vehicle maintenance areas, gas stations, illicit dumping to storm drains, automobile emissions, and fats, oils, and grease from restaurants Bacteria and viruses Lawns, roads, leaking sanitary sewer lines, sanitary sewer cross-connections, animal waste (domestic and wild), septic systems, homeless encampments, sediments/biofilms in storm drain system Nutrients Landscape fertilizers, atmospheric deposition, automobile exhaust, soil erosion, animal waste, detergents Source: Adapted from USEPA, 1999 (Preliminary Data Summary of Urban Storm Water BMPs) FMFCD’s Post-Development Standards Technical Manual provides guidance for implementing stormwater quality Best Management Practices (BMPs) for drainage areas subject to the Policy, with the intention of improving water quality and mitigating potential water quality impacts from stormwater and non-stormwater discharges. The Post-Development Standards Technical Manual addresses the following objectives and goals: •Minimize impervious surfaces and directly connect impervious surfaces in areas of new development and redevelopment, and where feasible, to maximize on-site infiltration of stormwater runoff; •Implement pollution prevention methods supplemented by pollutant source controls and treatment, and where practical, use strategies that control the sources of pollutants or constituents (i.e., where water initially meets the ground) to minimize the transport of runoff and pollutants offsite and into MS4s; •Preserve, and where possible create or restore, areas that provide important water quality benefits, such as riparian corridors, wetlands, or buffer zones •Limit disturbances of natural water bodies and natural drainage systems by development, including roads, highways, and bridges; •Identify and avoid development in areas that are particularly susceptible to erosion and sediment loss or establish guidance that protects areas from erosion and sediment loss; •Implement source and structural controls as necessary and appropriate to protect downstream receiving water quality from increased pollutant loadings and flows (hydromodification concepts) from new development and significant redevelopment; j:\environmental\swqmp implementation\7 planning and land development program\pld3 update to ceqa process\ceqa review guidance.docx Page 3 • Control the post-development peak stormwater runoff discharge rates and velocities to maintain or reduce pre-development downstream erosion and to protect downstream habitat; and • Consider integration of Low Impact Development (LID) principles into project design. The Post -Development Standards Technical Manual describes the stormwater management requirements for Priority Projects, which are identified as meeting one or more of the following and discharge to the San Joaquin River or do not have basin service: • Home subdivisions of 10 housing units or more; • Commercial developments greater than 100,000 square feet; • Automotive repair shops; • Restaurants; • Parking lots 5,000 square feet or greater with 25 or more parking spaces and potentially exposed to urban runoff; • Streets and roads; • Retail gasoline outlets (RGOs); and • Significant redevelopment projects, which are developments that result in creation or addition of at least 5,000 square feet of impervious surface on an already developed site. Significant redevelopment includes, but is not limited to, expansion of a building footprint or addition or replacement of a structure, structural developing including an increase in gross floor area and/or exterior construction or remodeling, replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities related with structural or impervious surfaces. Where significant redevelopment results in an increase of less than 50 percent of the impervious surfaces of a previously existing development and the existing development was not subject to Post-Construction Standards, only the proposed alteration must meet the requirements of the Post- Development Standards Technical Manual. All Priority Projects must mitigate the Stormwater Quality Design Volume (SWQDV) or Stormwater Quality Design Flow (SWQDF) through LID- or treatment-based stormwater quality BMPs or a combination thereof. For new development or significant redevelopment projects for restaurants with less than 5,000 square feet, the project applicant must meet all the requirements of the Post-Development Standards Technical Manual except for mitigating the SWQDV or SWQDF and implementing stormwater quality BMPs. The Post -Development Standards Technical Manual can be found on FMFCD’s website here: http://www.fresnofloodcontrol.org/wp-content/uploads/2014/11/Post-Development -Standards- Technical-Manual.pdf j:\environmental\swqmp implementation\7 planning and land development program\pld3 update to ceqa process\ceqa review guidance.docx Page 4 c. Potential for discharge of stormwater from areas from material storage, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work areas. Development projects may create potential impacts to stormwater from non-stormwater discharge from areas with material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work area. Some materials, such as those containing heavy metals or toxic compounds, are of more concern than other materials. Toxic and hazardous materials must be prevented from coming in contact with stormwater runoff. Non-toxic or non-hazardous materials, such as debris and sediment, can also have significant impacts on receiving waters. Contact between non-toxic or non-hazardous materials and stormwater runoff should be limited, and such materials prevented from being discharged with stormwater runoff. To help mitigate these potential impacts, BMPs should be included to prevent discharges from leaving the property. Refer to FMFCD Post -Development Standards Technical Manual for more information or go to http://water.epa.gov/polwaste/nps/urban.cfm. d. Potential for discharge of stormwater to impact the beneficial uses of the receiving waters or areas that provide water quality benefits. Identify receiving waters and describe activities that may impact the beneficial uses of the receiving waters or that project water quality benefits. Project that can impact beneficial uses or receiving waters may be mitigated by implementation of the FMFCD Post-Development Standards Technical Manual. e. Potential for the discharge of stormwater to cause significant harm on the biological integrity of the water ways and water bodies. Conservation of natural areas, soils, and vegetation helps to retain numerous functions of pre- development hydrology, including rainfall interception, infiltration, and evapotranspiration. Each project site possesses unique topographic, hydrologic, and vegetative features, some of which are more suitable for development than others. Sensitive areas, such as streams and their buffers, floodplains, wetlands, steep slopes, and highly-permeable soils, should be protected and/or restored. Slopes can be a major source of sediment and should be properly protected and stabilized. Locating development in less sensitive areas of a project site and conserving naturally vegetated areas can minimize environmental impacts from stormwater runoff. The evaluation of a project’s effect on sensitive natural communities should encompass aquatic and wetland habitats. Consider “aquatic and wetland habitat” as examples of sensitive habitat. j:\environmental\swqmp implementation\7 planning and land development program\pld3 update to ceqa process\ceqa review guidance.docx Page 5 f. Potential for significant changes in the flow velocity or volume of stormwater runoff that can cause environmental harm. The evaluation of a project’s effect on drainage patterns should refer to the FMFCD’s Storm Drainage and Flood Control Master Plan and have their project reviewed by FMFCD to assess the significance of altering existing drainage patterns and to develop any mitigation measures in addition to our stormwater mitigation system. The evaluation should also consider any potential for streambed or bank erosion downstream from the project. g. Potential for significant increases in erosion of the project site or surrounding areas. The evaluation of a project’s effect on drainage patterns should refer to the FMFCD’s Storm Drainage and Flood Control Master Plan and have their project reviewed by FMFCD to assess the significance of altering existing drainage patterns and to develop any mitigation measures in addition to our stormwater mitigation system. The evaluation should also consider any potential for streambed or bank erosion downstream from the project. DEVELOPMENT SERVICES AND CAPITAL PROJECTS DIVISION 2220 Tulare Street, Sixth Floor / Fresno, California 93721 / Phone (559) 600-4497 / 600-4022 / 600-4540 / FAX 600-4200 The County of Fresno is an Equal Employment Opportunity Employer DEPARTMENT OF PUBLIC WORKS AND PLANNING STEVEN E. WHITE, DIRECTOR February 24, 2023 Drew Wilson Supervising Planner Long Range Planning Division City of Fresno (559) 621-8087 SUBJECT: City of Fresno Central Southeast Area Specific Plan - MND 30-day Public Comment Period / Notice of Intent Dear Drew Wilson: The County of Fresno appreciates the opportunity to review and comment on the subject project being reviewed by the City of Fresno. The documents received for this review were circulated to our various Fresno County Public Works and Planning divisions. Based on the County's initial review, we offer no comments from our divisions at this time. If you have any questions regarding the information described in this letter, please contact me at rmartin@fresnocountyca.gov or (559) 600-4305. Sincerely, Raymond Martin. Staff Analyst Development Services and Capital Projects Division G:\4360Devs&Pln\PROJSEC\PROJDOCS\Environmental\OAR\City of Fresno\Central Southeast Area Specific Plan - MND 30\Central Southeast Area Specific Plan OAR Comment Response Letter.docx Printed on Recycled Paper SENT VIA ELECTRONIC MAIL February 23, 2023 Mr. Drew Wilson City of Fresno 2600 Fresno Street, Room 3065 Fresno, CA 93721 Drew.Wilson@fresno.gov SUBSEQUENT MITIGATED NEGATIVE DECLARATION FOR FRESNO CENTRAL SOUTHEAST AREA SPECIFIC PLAN, CITY OF FRESNO, FRESNO COUNTY, CALIFORNIA – DATED FEBRUARY 1, 2023 (STATE CLEARINGHOUSE NUMBER: 2023020138) Dear Mr. Wilson: The Department of Toxic Substances Control (DTSC) received a Subsequent Mitigated Negative Declaration (SMND) for the Subsequent Mitigated Negative Declaration for Fresno Central Southeast Area Specific Plan City of Fresno, Fresno County, California (Project). The Lead Agency is receiving this notice from DTSC because the Project includes one or more of the following: groundbreaking activities, work in close proximity to a roadway, presence of site buildings that may require demolition or modifications, importation of backfill soil, and/or work on or in close proximity to an agricultural or former agricultural site. DTSC recommends that the following issues be evaluated in the Hazards and Hazardous Materials section of the SMND: 1. The SMND references the listing compiled in accordance with California Government Code Section 65962.5, commonly known as the Cortese List. Not all sites impacted by hazardous waste or hazardous substances will be found on the Cortese List. DTSC recommends that the Hazards and Hazardous Materials section of the SMND address actions to be taken for any sites impacted by hazardous waste or hazardous substances within the Project area, not just those found on the Cortese List. DTSC recommends consulting with other agencies Mr. Drew Wilson February 23, 2023 Page 2 that may provide oversight to hazardous waste facilities or sites impacted with hazardous substances in order to determine a comprehensive listing of all sites impacted by hazardous waste or substances within the Project area. DTSC hazardous waste facilities and sites with known or suspected contamination issues can be found on DTSC’s EnviroStor data management system. The EnviroStor Map feature can be used to locate hazardous waste facilities and sites with known or suspected contamination issues for a county, city, or a specific address. A search within EnviroStor indicates that numerous hazardous waste facilities and sites with known or suspected contamination issues are present within the Project’s region. 2. A State of California environmental regulatory agency such as DTSC, a Regional Water Quality Control Board (RWQCB), or a local agency that meets the requirements of Health and Safety Code section 101480 should provide regulatory concurrence that project sites are safe for construction and the proposed use. 3. The SMND acknowledges the potential for historic or future activities on or near project sites to result in the release of hazardous wastes/substances on the project site. In instances in which releases have occurred or may occur, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. The SMND should also identify the mechanism(s) to initiate any required investigation and/or remediation and the government agency who will be responsible for providing appropriate regulatory oversight. 4. Refiners in the United States started adding lead compounds to gasoline in the 1920s in order to boost octane levels and improve engine performance. This practice did not officially end until 1992 when lead was banned as a fuel additive in California. Tailpipe emissions from automobiles using leaded gasoline contained lead and resulted in aerially deposited lead (ADL) being deposited in and along roadways throughout the state. ADL-contaminated soils still exist along roadsides and medians and can also be found underneath some existing road surfaces due to past construction activities. Due to the potential for ADL-contaminated soil DTSC, recommends collecting soil samples for lead analysis prior to performing any intrusive activities for the project described in the SMND. 5. If buildings or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead-based paints or products, mercury, asbestos containing materials, and Mr. Drew Wilson February 23, 2023 Page 3 polychlorinated biphenyl caulk. Removal, demolition and disposal of any of the above-mentioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, sampling near current and/or former buildings should be conducted in accordance with DTSC’s 2006 Interim Guidance Evaluation of School Sites with Potential Contamination from Lead Based Paint, Termiticides, and Electrical Transformers. 6. If any projects initiated as part of the proposed project require the importation of soil to backfill any excavated areas, proper sampling should be conducted to ensure that the imported soil is free of contamination. DTSC recommends the imported materials be characterized according to DTSC’s 2001 Information Advisory Clean Imported Fill Material. 7. If any sites included as part of the proposed project have been used for agricultural, weed abatement or related activities, proper investigation for organochlorinated pesticides should be discussed in the SMND. DTSC recommends the current and former agricultural lands be evaluated in accordance with DTSC’s 2008 Interim Guidance for Sampling Agricultural Properties (Third Revision). DTSC appreciates the opportunity to comment on the SMND. Should you need any assistance with an environmental investigation, please visit DTSC’s Site Mitigation and Restoration Program page to apply for lead agency oversight. Additional information regarding voluntary agreements with DTSC can be found at DTSC’s Brownfield website. If you have any questions, please contact me at (916) 255-3710 or via email at Gavin.McCreary@dtsc.ca.gov. Sincerely, Gavin McCreary Project Manager Site Evaluation and Remediation Unit Site Mitigation and Restoration Program Department of Toxic Substances Control cc: (next page) Mr. Drew Wilson February 23, 2023 Page 4 cc: (via email) Governor’s Office of Planning and Research State Clearinghouse State.Clearinghouse@opr.ca.gov Mr. Dave Kereazis Office of Planning & Environmental Analysis Department of Toxic Substances Control Dave.Kereazis@dtsc.ca.gov WANGER .JONES HELSLEY PC Drew Wilson Sophia Pagoulatos March 6, 2023 Page 11 (1991) 1 Cal.App.4th 954, 960.) Likewise, Donaghy is entitled to receive notice of relevant actions by the City. (Horn v. County of Ventura (1979) 24 Cal.3d 605, 607.) Due process rights can also be violated by repeated project denials and procedural errors in the approval process, (Cohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 547, 561), or through the failure to provide a fair hearing. (Nightlife Partners, Ltd. v. City of Beverly Hills (2003) 108 Cal.App.4th 81, 90.) Donaghy has been denied due process rights for several reasons, including the City's failure to provide it with notice of the rezone, the confusing information on the City's website, the inadequate project description that makes it unclear whether the Donaghy Properties are part of the CS ASP, and the City's general efforts to undermine the investments of industrial landowners throughout the City by systematically downzoning industrial property without notice. Equal Protection. Donaghy is also protected by the equal protection clauses of the United States Constitution and the California Constitution, which prohibit a state (including a state agency) from denying "to any person within its jurisdiction the equal protection of the laws." In land use decisions, a violation of equal protection often exists where similarly situated property is treated differently, (see, e.g., Carpenteria Valley Farms, Ltd. v. County of Santa Barbara (9th Cir. 2003) 344 F.3d 822, 831; Herrington v. County of Sonoma (9th Cir. 1987) 834 F.2d 1488, 1501), and there is no reasonable basis for the difference in treatment. (See, e.g., Squaw Valley Dev. Co. v. Goldberg (9th Cir. 2004) 375 F.3d 936, 944; see also Gerhart v. Lake County Montana (9th Cir. 2011) 637 F.3d 1013, 1022.) The same basic requirements apply equally under state constitutional law. (Walgreen Co. v. City & County of San Francisco (2010) 185 Cal.App.4th 424, 428; Stubblefield Constr. Co. v. City of San Bernardino (1995) 32 Cal.App.4th 687, 713.) Equal protection principles are also often implicated when a local government agency deviates from its own rules. (See, e.g., Genesis Env 't Servs. v. San Joaquin Valley Air Pollution Control Dist. (2003) 113 Cal.App.4th 597, 607.) Specifically, the City has declined to include industrial landowners such as Donaghy in public workshops, steering committees, and topic groups. At the same time, the City continues to stress public outreach and direct engagement of other persons and entities. There is no rational basis for the City declining to include industrial representatives in public workshops, steering committees, and topic groups. Ill Ill Ill Ill Ill Ill { 6260/004/01564180 DOCX} NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA WWW.FIRSTCARBONSOLUTIONS.COM Mitigation Monitoring and Reporting Program for the Fresno Central Southeast Specific Plan Project Initial Study/Subsequent Mitigated Negative Declaration City of Fresno, Fresno County, California Prepared for: City of Fresno 2600 Fresno Street, Room 3065 Fresno, CA 93721 559.621.2489 Contact: Sophia Pagoulatos, Planning Manager, Planning and Development Department Prepared by: FirstCarbon Solutions 7726 North First Street, No. 413 Fresno, CA 93720 888.826.5814 Contact: Mary Bean, Project Director Phil Ault, Project Director Rachel Krusenoski, Project Manager Report Date: June 13, 2023 THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno–Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program Preface FirstCarbon Solutions 1 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx PREFACE Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15097 require a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval. The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during project implementation. The IS/Subsequent MND prepared for the proposed Fresno Central Southeast Specific Plan Project (proposed project) concluded that project implementation could result in potentially significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval that reduce these potential impacts to a less than significant level. This MMRP documents how and when the mitigation measures adopted by the Lead Agency will be implemented and confirms that potential environmental impacts are reduced to less than significant levels as identified in the IS/Subsequent MND. This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary. THIS PAGE INTENTIONALLY LEFT BLANK City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 3 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Table 1: Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 2.1 Aesthetics, Light, and Glare MM AES-4.1: Lighting for Street and Parking Areas Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light-sensitive land uses such as residences. Incorporation into design and site plans On-site inspections Prior to construction Prior to operation City of Fresno Public Works (DPW) and Planning and Development Departments MM AES-4.2: Lighting for Public Facilities Lighting systems for public facilities such as active play areas shall provide adequate illumination for the activity; however, low intensity light fixtures and shields shall be used to minimize spillover light onto adjacent properties. Incorporation into design and site plans On-site inspections Prior to construction Prior to operation City of Fresno DPW and Planning and Development Departments MM AES-4.3: Lighting for Nonresidential Uses Lighting systems for non-residential uses, not including public facilities, shall provide shields on the light fixtures and orient the lighting system away from adjacent properties. Low intensity fixtures shall also be used if excessive spillover light onto adjacent properties will occur. Incorporation into design and site plans On-site inspections Prior to construction Prior to operation City of Fresno Planning and Development Department MM AES-4.4: Signage Lighting Lighting systems for freestanding signs shall not exceed 100 footlamberts (ft-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal foot-candles and shall not exceed 500 ft-L when adjacent to streets which have an average light intensity of 2.0 horizontal foot-candles or greater. Incorporation into design and site plans On-site inspections Prior to construction Prior to operation City of Fresno Planning and Development Department MM AES-4.5: Use of Non-Reflective Materials Materials used on building façades shall be non-reflective. Incorporation into design and site plans On-site inspections Prior to construction Prior to operation City of Fresno Planning and Development Department City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 4 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 2.2 Agriculture and Forestry Resources MM AG-1.1: Consistent with Policy RC-9-c of the approved General Plan, the City, in coordination with regional partners or independently, shall establish a Farmland Preservation Program by 2025. The intent of the Farmland Preservation Program would be that, when Prime Farmland, Unique Farmland, or Farmland of Statewide Importance are proposed for development and converted to urban uses within the Sphere of Influence outside city limits, this program would require that the developer of such a project mitigate the loss of farmland consistent with the requirements of CEQA. The Farmland Preservation Program shall establish thresholds of significance and provide several mitigation options that may include, but are not limited to, the following: •Restrictive Covenants or Deeds •In Lieu Fees •Mitigation Banks •Fee Title Acquisition •Conservation Easements •Land Use Regulations The Farmland Preservation Program may be modeled after some or all of the programs described by the California Council of Land Trusts. Prior to the adoption of the Farmland Preservation Program, projects shall be required to comply with CEQA to address potential environmental impacts on an individual basis. Farmland Preservation Program and submittal of documents Demonstrate CEQA compliance with on-site inspections and documentation By 2025 Prior to adoption of the Farmland Preservation Program City of Fresno Planning and Development Department MM AG-2: Prime Farmland Impact Reduction Measure Until the City’s Farmland Preservation Program is implemented consistent with the GP PEIR MM AG-1.1 and General Plan Policy RC-9-c, all development in the Specific Plan Area which would convert land designated as Prime Farmland to nonagricultural uses shall be analyzed on a project-by-project CEQA analysis of project and submittal of documents Identification of feasible mitigation in CEQA At the time of project application Prior to project approval City of Fresno Planning and Development Department City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 5 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial basis, consistent with the requirements of CEQA at the time of project application. Where a specific development project site would include the conversion of Prime Farmland to nonagricultural uses, the project applicant shall identify feasible mitigation prior to project approval and implement such mitigation prior to any construction or ground-disturbing activities. Such mitigation may include but is not limited to: siting projects to avoid Farmland; payment of in lieu fees; or the acquisition and/or conservation of equivalent prime farmland land at another location, where it is financially feasible to do so, in the form of agricultural conservation easements, or other feasible mitigation. documents and submittal of documents, if mitigation is required On-site inspections During construction and ground- disturbing activities 2.3 Air Quality MM AIR-2.1: Prior to future discretionary project approval, development project applicants shall prepare and submit to the Director of the City Planning and Development Department, or designee, a technical assessment evaluating potential project construction phase-related air quality impacts. The evaluation shall be prepared in conformance with San Joaquin Valley Air Pollution Control District (Valley Air District) methodology for assessing construction impacts. If construction-related air pollutants are determined to have the potential to exceed the Valley Air District adopted threshold of significance, the Planning and Development Department shall require that applicants for new development projects incorporate mitigation measures into construction plans to reduce air pollutant emissions during construction activities. The identified measures shall be included as part of the Project Conditions of Approval. Possible mitigation measures to reduce construction emissions include but are not limited to: •Install temporary construction power supply meters on-site and use these to provide power to electric power tools whenever feasible. If temporary electric power is available Technical assessment evaluating potential project air quality impacts and submittal of documents. Conditions of Approval and submittal of documentation, if mitigation measures are required On-site inspections Prior to discretionary project approval Prior to discretionary project approval During construction Project applicants; City Planning and Development Department Director City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 6 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial on-site, forbid the use of portable gasoline- or diesel-fueled electric generators. •Use of diesel oxidation catalysts and/or catalyzed diesel particulate traps on diesel equipment as feasible. •Maintain equipment according to manufacturers’ specifications. •Restrict idling of equipment and trucks to a maximum of five minutes (per California Air Resources Board regulation). •Phase grading operations to reduce disturbed areas and times of exposure. •Avoid excavation and grading during wet weather. •Limit on-site construction routes and stabilize construction entrance(s). •Remove existing vegetation only when absolutely necessary. •Sweep up spilled dry materials (e.g., cement, mortar, or dirt track-out) immediately. Never attempt to wash them away with water. Use only minimal water for dust control. •Store stockpiled materials and wastes under a temporary roof or secured plastic sheeting or tarp. MM AIR-2.2: Prior to future discretionary project approval, development project applicants shall prepare and submit to the Director of the City Planning and Development Department, or designee, a technical assessment evaluating potential project operation-related air quality impacts. The evaluation shall be prepared in conformance with San Joaquin Valley Air Pollution Control District (Valley Air District) methodology in assessing air quality impacts. If operation- related air pollutants are determined to have the potential to exceed the Valley Air District adopted thresholds of significance, the Planning and Development Department shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified Technical assessment evaluating air quality impacts and submittal of documents and findings Conditions of Approval and submittal of documentation, if mitigation measures are required On-site inspections Prior to discretionary project approval Prior to discretionary project approval During construction Project applicants; City Planning and Development Department Director City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 7 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial measures shall be included as part of the Project Conditions of Approval. Possible mitigation measures to reduce long-term emissions include, but are not limited to: •For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plugging in the anticipated number of refrigerated trailers to reduce idling time and emissions. •Applicants for manufacturing and light industrial uses shall consider energy storage (i.e., battery) and combined heat and power (CHP, also known as cogeneration) in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. •Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with ARB Rule 2845 (13 California Code of Regulations Chapter 10, Section 2485). •Require that 240-volt electrical outlets or Level 3 chargers be installed in parking lots that would enable charging of neighborhood electric vehicles (NEVs) and/or battery- powered vehicles. •Maximize use of solar energy including solar panels; installing the maximum possible number of solar energy arrays on building roofs throughout the City to generate solar energy. •Maximize the planting of trees in landscaping and parking lots. •Use light-colored paving and roofing materials. •Require use of electric or alternatively fueled street- sweepers with HEPA filters. •Require use of electric lawn mowers and leaf blowers. •Utilize only Energy Star heating, cooling, and lighting devices and appliances. City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 8 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial •Use of water-based or low volatile organic compound (VOC) cleaning products. MM AIR-3.1: Prior to future discretionary approval for projects that require environmental evaluation under CEQA, the City of Fresno shall evaluate new development proposals for new industrial or warehousing land uses that: (1) have the potential to generate 100 or more truck trips per day or have 40 or more trucks with operating diesel-powered Transport Refrigeration Units (TRUs), and (2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the proposed project to the property line of the nearest sensitive use. Such projects shall submit a Health Risk Assessment (HRA) to the City Planning and Development Department. The HRA shall be prepared in accordance with policies and procedures of the most current State Office of Environmental Health Hazard Assessment (OEHHA) and the San Joaquin Valley Air Pollution Control District (Valley Air District). If the HRA shows that the incremental health risks exceed their respective thresholds, as established by the Valley Air District at the time a project is considered, the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T-BACTs), including appropriate enforcement mechanisms to reduce risks to an acceptable level. T-BACTs may include, but are not limited to: •Restricting idling on-site or electrifying warehousing docks to reduce diesel particulate matter (DPM); •Requiring use of newer equipment and/or vehicles; •Provide charging infrastructure for: electric forklifts, electric yard trucks, local drayage trucks, last mile delivery trucks, electric and fuel-cell heavy-duty trucks; and/or •Install solar panels, zero-emission backup electricity generators, and energy storage to minimize emissions associated with electricity generation at the project site. Health Risk Assessment and submittal to City Planning and Development Department T-BACTs and submittal of documentation, if HRA shows risks exceeding respective thresholds Incorporation of mitigation measures into environmental document and site plan On-site inspections Prior to discretionary approval for projects Prior to construction Prior to project approval During construction and ground disturbing activities City of Fresno Planning and Development Department; project applicant City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 9 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. MM AIR-3.2: Locate sensitive land uses (e.g., residences, schools, and daycare centers) to avoid incompatibilities with recommended buffer distances identified in the most current version of the ARB Air Quality and Land Use Handbook: A Community Health Perspective (ARB Handbook). Sensitive land uses that are within the recommended buffer distances listed in the ARB Handbook shall provide enhanced filtration units or submit a Health Risk Assessment (HRA) to the City. If the HRA shows that the project would exceed the applicable San Joaquin Valley Air Pollution Control District (Valley Air District) thresholds, mitigation measures capable of reducing potential impacts to an acceptable level must be identified and approved by the City Installation of enhanced filtration units or Health Risk Assessment and submittal of documentation On-site inspections Prior to ground disturbance During construction Project applicant; City of Fresno Planning and Development Department MM AIR-4.1: Require developers of projects with the potential to generate significant odor impacts as determined through review of San Joaquin Valley Air Pollution Control District (Valley Air District) odor complaint history for similar facilities and consultation with the Valley Air District, to prepare an odor impact assessment and to implement odor control measures recommended by the Valley Air District or the City as needed to reduce the impact to a level deemed acceptable by the Valley Air District. The City’s Planning and Development Department shall verify that all odor control measures have been incorporated into the project design specifications prior to issuing a permit to operate. Odor impact assessment and submittal of documentation Incorporation of odor control measures into project design specifications Prior to ground disturbance Prior to issuing a permit to operate Project developer; Valley Air District; City of Fresno Planning and Development Department MM AIR-5: As part of a standard grading permit submittal, the project applicant shall submit documentation to the City of Fresno that demonstrates that all off-road construction equipment in excess of 50 horsepower is equipped with engines meeting the United States Environmental Protection Submittal of documentation of off- road construction equipment requirement compliancy to the City of Prior to issuance of grading permit City of Fresno Planning and Development Department; project applicant; City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 10 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial Agency (EPA) Tier IV Final off-road engine emission standards or cleaner. The construction contractor shall maintain records concerning its efforts to comply with this requirement during construction, including equipment lists. Off-road equipment descriptions and information may include but are not limited to equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number. The project applicant and/or construction contractor shall submit the construction operations plan and records of compliance to the City of Fresno. If engines that comply with Tier IV Final off-road emission standards are not commercially available, then the construction contractor shall use the next cleanest piece of off- road equipment (e.g., Tier IV Interim) available. For purposes of this mitigation measure, “commercially available” shall mean the availability of Tier IV Final engines taking into consideration factors such as (i) critical-path timing of construction; and (ii) geographic proximity to the project site of equipment. The contractor can maintain records for equipment that is not commercially available by providing letters from at least two rental companies for each piece of off-road equipment where the Tier IV Final engine is not available. Fresno Maintenance of records concerning efforts to comply with Tier IV Final off-road emission standards or cleaner During construction construction contractor MM AIR-6: Prior to the issuance of grading or building permits for each individual development proposal within the project site, the relevant applicant for each development shall provide the City with documentation demonstrating the use of “Super- Compliant” architectural coatings, as defined by the South Coast Air Quality Management District (South Coast AQMD), during construction of the proposed project. “Super- Compliant” architectural coatings, as defined by the South Coast AQMD, are paints which do not exceed 10 grams of reactive organic gas (ROG) per liter of paint. Submittal of documentation demonstrating the use of “Super-Compliant” architectural coatings On-site inspections Prior to issuance of grading or building permits During construction Project applicant; City of Fresno Planning and Development Department; construction contractor City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 11 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial All architectural coatings shall be applied either by (1) using a high-volume, low-pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand-roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent application efficiency. The construction contractor shall also use precoated/natural colored building materials, where feasible. MM AIR-7: All nonresidential buildings shall be designed to provide infrastructure to support use of electric-powered forklifts and/or other interior vehicles. All nonresidential buildings shall be designed to provide electric infrastructure to support use of exterior yard trucks and on-site vehicles. The operation of yard trucks that are used to move trailers and on-site vehicles within the project site shall be powered by electricity unless the project applicant can reasonably demonstrate that specific equipment is not available for a task. Compliance with this mitigation measure shall be verified by the City of Fresno prior to the issuance of a building permit. Submittal of documentation and verification by the City Prior to the issuance of a building permit City of Fresno Planning and Development Department MM AIR-8: Each implementing development project shall be required to implement, at a minimum, an increase in each building’s energy efficiency 15 percent beyond Title 24, and reduce indoor water use by 25 percent. All requirements will be documented through a checklist to be submitted to the City of Fresno prior to issuance of building permits for the implementing development project with building plans and calculations. Checklist submittal to the City Prior to the issuance of building permits Project applicant; City of Fresno Planning and Development Department MM AIR-9: Prior to issuance of building permits for non-single- family residential and mixed-use residential development projects in the Plan Area, the project applicant shall indicate on the building plans that the following features have been Indication on building plans and submittal to the City Prior to issuance of building permits Project applicant; City of Fresno Planning and City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 12 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial incorporated into the design of the building(s). Proper installation of these features shall be verified by the City of Fresno prior to the issuance of a Certificate of Occupancy. • Electric vehicle (EV) charging shall be provided as specified in Section A4.106.8.2 (Residential Voluntary Measures) of the California Green Building Standards Code (CALGreen) Code. • Bicycle parking shall be provided as specified in Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code. On-site inspections Verification by the City Prior to occupancy Prior to the issuance of a Certificate of Occupancy Development Department MM AIR-10: Prior to the issuance of building permits for nonresidential development projects in the Plan Area, project applicants shall indicate on the building plans that the following features have been incorporated into the design of the building(s). Proper installation of these features shall be verified by the City of Fresno prior to the issuance of a Certificate of Occupancy. • For buildings with more than 10 tenant-occupants, changing/shower facilities shall be provided as specified in Section A5.106.4.3 (Nonresidential Voluntary Measures) of the California Green Building Standards Code (CALGreen) Code. • Preferential parking for low-emitting, fuel-efficient, and carpool/van vehicles shall be provided as specified in Section A5.106.5.1 (Nonresidential Voluntary Measures) of the CALGreen Code. • Facilities shall be installed to support future electric vehicle (EV) charging at each nonresidential building with 30 or more parking spaces. Installation shall be consistent with Section A5.106.5.3 (Nonresidential Voluntary Measures) of the CALGreen Code. Indication on building plans and submittal to the City On-site inspections Verification by the City Prior to issuance of building permits Prior to occupancy Prior to the issuance of a Certificate of Occupancy Project applicant; City of Fresno Planning and Development Department City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 13 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 2.4 Biological Resources MM BIO-1.1: Construction of a proposed project shall avoid, where possible, vegetation communities that provide suitable habitat for special-status species known to occur within the Planning Area. If construction within potentially suitable habitat must occur, the presence/absence of any special-status plant or wildlife species must be determined prior to construction, to determine whether the habitat supports any special-status species. If special-status species are determined to occupy any portion of a project site, avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. Specific mitigation measures for direct or incidental impacts to special- status species shall be determined on a case-by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. Determination on presence of special-status species and submittal of documentation On-site inspections Prior to construction During construction Construction contractor; project applicant; City of Fresno Planning and Development Department MM BIO-1.2: Direct or incidental take of any State or federally listed species shall be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resource agencies and/or additional permitting may be required. Agency consultation through the California Department of Fish and Wildlife (CDFW) 2081 and United States Fish and Wildlife Service (USFWS) Section 7 or Section 10 permitting processes shall take place prior to any action that may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to a listed species will be determined on a case-by- case basis through agency consultation during the review process for discretionary projects, and shall be consistent with Agency consultation with CDFW and submittal of documentation USFWS permit and submittal of documentation Prior to any action that may result in the direct or incidental take of a listed species Prior to ground- disturbing activities City of Fresno Planning and Development Department; project applicant; CDFW; USFWS City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 14 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial survey protocols and mitigations measures recommended by the agency at the time of consultation. MM BIO-1.3: Development within the Planning Area shall avoid, where possible, special-status natural communities and vegetation communities that provide suitable habitat for special-status species. If a proposed project will result in the loss of a special-status natural community or suitable habitat for special-status species, compensatory habitat-based mitigation is required under California Environmental Quality Act (CEQA) and California Endangered Species Act (CESA). Mitigation shall consist of preserving on-site habitat, restoring similar habitat or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation shall be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio shall be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant level. Agreed-upon mitigation ratios shall depend on the quality of the habitat and presence/absence of a special- status species. Specific mitigation measures for direct or incidental impacts to special-status natural communities and vegetation communities shall be determined on a case-by-case basis through agency consultation during the review process for discretionary projects and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. Compensatory habitat- based mitigation through preserving on-site habitat, restoring similar habitat, or purchasing off-site credits if special-status species would be affected Consultation with the City and/or resource agencies and submittal of documentation Incorporation into construction contracts On-site inspections Prior to and during construction Prior to construction Prior to construction During construction City of Fresno Planning and Development Department; construction contractor; project applicant/developer MM BIO-1.4: Proposed projects within the Planning Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction clearance survey shall be conducted by a qualified Biologist to determine whether Qualified Biologist’s pre- construction clearance survey if not possible to avoid construction within the general nesting season Prior to construction activities City of Fresno Planning and Development Department; Qualified Biologist City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 15 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial any nesting birds or nesting activity is observed on or within 500 feet of a project site. If an active nest is observed during the survey, a biological monitor shall be on-site to ensure that no proposed project activities would impact the active nest. A suitable buffer shall be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Prior to commencement of grading activities and issuance of any building permits, the Director of the City of Fresno Planning and Development Department, or designee, shall verify that all proposed project grading and construction plans include specific documentation regarding the requirements of the MBTA and California Fish and Game Code Section 5303, that pre-construction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field. Specific mitigation measures for direct or incidental impacts to avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA) shall be determined on a case-by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. Qualified Biologist’s on- site monitoring if active nest is encountered Verification of documentation by the Director of the City of Fresno Planning and Development Department During construction Prior to grading activities or issuance of building permits MM BIO-2.1: A pre-construction clearance survey, following current California Department of Fish and Wildlife (CDFW) protocols, shall be conducted by a qualified Biologist to determine whether a proposed project will result in the removal or impact to any riparian habitat and/or a special- status natural community with potential to occur in the Planning Area. Compensatory habitat-based mitigation shall be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off-site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be Qualified Biologist’s pre- construction clearance survey and submittal of documentation and findings On-site inspections Prior to construction activities During construction Qualified Biologist; City of Fresno Planning and Development Department; project applicant/developer City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 16 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial conducted in-kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat-based mitigation shall be determined through consultation with the appropriate agency (i.e., CDFW or United States Fish and Wildlife Service [USFWS]) on a case-by-case basis. The project applicant/developer for a proposed project shall develop and implement appropriate mitigation regarding impacts on their respective jurisdictions. MM BIO-2.2: A pre-construction clearance survey, following current California Department of Fish and Wildlife (CDFW) protocols, shall be conducted by a qualified Biologist to determine whether a proposed project will result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the Clean Water Act (CWA). The project applicant/developer for a proposed project shall consult with partner agencies such as California Department of Fish and Wildlife (CDFW) and/or United States Army Corp of Engineers (USACE) to develop and implement appropriate mitigation regarding impacts on their respective jurisdictions, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway. The project applicant/developer shall implement mitigation as directed by the agency with jurisdiction over the particular impact identified. Qualified Biologist’s pre- construction clearance survey Consultation with partner agencies, like CDFW and USACE to develop mitigation On-site inspections Prior to construction activities Prior to construction activities During construction Qualified Biologist; project applicant/developer of the proposed project; City of Fresno Planning and Development Department; USACE; CDFW MM BIO-2.3: Prior to project approval, a pre-construction clearance survey, following current California Department of Fish and Wildlife (CDFW) protocols, shall be conducted by a qualified Biologist to determine whether a proposed project would result in project-related impacts to riparian habitat or a special-status natural community or if it may result in direct or incidental impacts to special-status species associated with riparian or wetland habitats. The project applicant/developer Qualified biologist’s pre- construction clearance survey and submittal of documentation and findings Agency consultation, mitigation strategy, or Prior to project approval Prior to project approval and Qualified Biologist; project applicant/developer for the proposed project; CDFW; USFWS; City of Fresno Planning and City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 17 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial for a proposed project shall be obligated to address project- specific impacts to special-status species associated with riparian habitat through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special-status species, as determined by the California Department of Fish and Wildlife (CDFW) and/or United States Fish and Wildlife Service (USFWS). incidental take permits if special-status species may be affected On-site inspections construction activities During construction Development Department MM BIO-3.1: If a proposed project will result in the significant alteration or fill of a federally protected wetland, a formal wetland delineation conducted according to the United States Army Corp of Engineers (USACE)-accepted methodology is required for each project to determine the extent of wetlands on a project site. The delineation shall be used to determine whether federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of a wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Planning Area. Appropriate wetland mitigation/creation shall be implemented at a ratio according to the size of the impacted wetland. Formal wetland delineation and submittal of documentation and findings Prior to alteration or fill of a federally protected wetland USACE; project applicant; City of Fresno Planning and Development Department MM BIO-3.2: In addition to regulatory agency permitting, Best Management Practices (BMPs) identified from a list provided by the United States Army Corp of Engineers (USACE) shall be incorporated into the design and construction phase of the project to ensure that no pollutants or siltation drain into a federally protected wetland. Project design features such as fencing, appropriate drainage and incorporating detention basins shall assist in ensuring project-related impacts to wetland habitat are minimized to the greatest extent feasible. Permitting from regulatory agency Design-level incorporation of USACE BMPs On-site inspections Prior to ground- disturbing activities Prior to ground- disturbing activities During construction Regulatory agency; USACE; City of Fresno Planning and Development Department 2.5 Cultural and Tribal Cultural Resources MM CUL-1.1: If previously unknown resources are encountered before or during grading activities, construction On-site inspections Prior to or during grading activities Qualified historical resources specialist; City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 18 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the lead agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. Qualified historical resources specialist consultation and submittal of findings City notification if historical or archaeological materials encountered Provision of Section 15064.5 permit(s) During ground disturbing activities During ground disturbing activities During ground disturbing activities City of Fresno Planning and Development Department MM CUL-1.2: Prior to approval of any discretionary project that could result in an adverse change to a potential historic and/or cultural resource, the City shall require a site-specific evaluation of historic and/or cultural resources by a professional who meets the Secretary of Interior’s Qualifications. The evaluation shall provide recommendations to mitigate potential impacts to historic and/or cultural resources and shall be approved by the Director of Planning and Development. Qualified professional’s site-specific evaluation of historic and/or cultural resources and submittal of documents and findings Prior to the approval of discretionary projects City of Fresno Planning and Development Department Director; Qualified professional MM CUL-2: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will Field survey and literature search for prehistoric Prior to ground disturbing activities Qualified Archaeologist; City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 19 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. • If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the lead agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the lead agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. • If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and the forms shall be submitted to the Southern San Joaquin Valley Information archaeological resources and submittal of findings Incorporation of discovery clause into all construction contracts Consultation with qualified Archaeologist if resources are discovered and submittal of documentation and findings Inventory of prehistoric resources and submittal to the SSJVIC On-site monitoring after preliminary City review of project grading plans Prior to ground- disturbing activities During ground- disturbing activities During ground- disturbing activities During ground- disturbing activities SSJVIC; City of Fresno Planning and Development Department City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 20 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial Center (SSJVIC). The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. MM CUL-3: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98(a). If the remains are determined to be of Native American descent, the Coroner shall notify the NAHC within 24 hours. The NAHC shall then contact the most likely descendant of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to Public Resources Code Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner Inclusion of discovery clause in all construction contracts County notification if human remains encountered County Coroner contacts NAHC and submits NAHC correspondence to County Prior to ground disturbing activities During ground disturbing activities During ground disturbing activities County Coroner; NAHC; construction contractor; project applicant; City of Fresno Planning and Development Department City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 21 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. 2.6 Energy Implement project-specific MM AIR-8, MM AIR-9, and MM AIR- 10. Please see below. Please see below. Please see below. MM AIR-8: Each implementing development project shall be required to implement, at a minimum, an increase in each building’s energy efficiency 15 percent beyond Title 24, and reduce indoor water use by 25 percent. All requirements will be documented through a checklist to be submitted to the City of Fresno prior to issuance of building permits for the implementing development project with building plans and calculations. Please refer to MM AIR-8 above. Please refer to MM AIR-8 above. Please refer to MM AIR-8 above. MM AIR-9: Prior to issuance of building permits for non-single- family residential and mixed-use residential development projects in the Plan Area, the project applicant shall indicate on the building plans that the following features have been incorporated into the design of the building(s). Proper installation of these features shall be verified by the City of Fresno prior to the issuance of a Certificate of Occupancy. • Electric vehicle (EV) charging shall be provided as specified in Section A4.106.8.2 (Residential Voluntary Measures) of the California Green Building Standards Code (CALGreen) Code. Bicycle parking shall be provided as specified in Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code. Please refer to MM AIR-9 above. Please refer to MM AIR-9 above. Please refer to MM AIR-9 above. City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 22 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial MM AIR-10: Prior to the issuance of building permits for nonresidential development projects in the Plan Area, project applicants shall indicate on the building plans that the following features have been incorporated into the design of the building(s). Proper installation of these features shall be verified by the City of Fresno prior to the issuance of a Certificate of Occupancy. • For buildings with more than 10 tenant-occupants, changing/shower facilities shall be provided as specified in Section A5.106.4.3 (Nonresidential Voluntary Measures) of the California Green Building Standards Code (CALGreen) Code. • Preferential parking for low-emitting, fuel-efficient, and carpool/van vehicles shall be provided as specified in Section A5.106.5.1 (Nonresidential Voluntary Measures) of the CALGreen Code. Facilities shall be installed to support future electric vehicle (EV) charging at each nonresidential building with 30 or more parking spaces. Installation shall be consistent with Section A5.106.5.3 (Nonresidential Voluntary Measures) of the CALGreen Code. Please refer to MM AIR-10 above. Please refer to MM AIR-10 above. Please refer to MM AIR-10 above. 2.7 Geology, Seismicity, and Soils MM GEO-6.1: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed: • If unique paleontological/geological resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are Field survey and literature search for unique paleontological or geological resources and submittal of findings Incorporation of discovery clause into all construction contracts After preliminary City review of project grading plans prior to ground-disturbing activities Prior to ground disturbing activities Qualified Paleontologist; City of Fresno Planning and Development Department; project applicant/developer; construction contractor City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 23 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. • If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified Consultation with qualified Paleontologist if resources are discovered and submittal of documentation and findings Inventory of significant resources and submittal of documentation and findings On-site monitoring During ground- disturbing activities During ground disturbing activities During ground disturbing activities City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 24 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial paleontologist. If additional paleontological/geological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. MM GEO-7: Prior to issuance of building permits for new construction on any property within the Specific Plan, the project applicant shall submit a design-level geotechnical study and building plans to the City of Fresno for review and approval. The building plans shall demonstrate that they incorporate all applicable recommendations of the design-level geotechnical study and comply with all applicable requirements of the most recent version of the California Building Standards Code (CBC). A licensed Professional Engineer shall prepare the plans, including those that pertain to soil engineering and structural foundations. The approved plans shall be incorporated into the proposed project. All on- site soil engineering activities shall be conducted under the supervision of a licensed Geotechnical Engineer or Certified Engineering Geologist. Design-level geotechnical study and building plans and submittal of documents On-site monitoring Prior to issuance of building permits During ground disturbance and construction City of Fresno Planning and Development Department; project applicant; Professional Engineer; Geotechnical Engineer; Certified Engineering Geologist MM GEO-8: Prior to approval of any discretionary project that could result in an adverse change to a potential paleontological resource, the City shall require a site-specific evaluation of paleontological resources by a professional who meets the Society of Vertebrate Paleontology qualification standards. The evaluation shall provide recommendations to mitigate potential impacts to paleontological resources and shall be approved by the Director of Planning and Development. Qualified Paleontologist’s site evaluation and submittal of findings Prior to approval of discretionary projects Qualified Paleontologist; City of Fresno Planning and Development Department Director 2.8 Greenhouse Gas Emissions Implement General Plan PEIR MM AIR-2.1, MM AIR-2.2, MM AIR-3.1, MM AIR-3.2, MM AIR-4.1, and project-specific MM AIR-5, MM AIR-6, MM AIR-7, MM AIR-8, MM AIR-9, and MM AIR-10. Please see below. Please see below. Please see below. City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 25 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial GP MM AIR-2.1: Prior to future discretionary project approval, development project applicants shall prepare and submit to the Director of the City Planning and Development Department, or designee, a technical assessment evaluating potential project construction phase-related air quality impacts. The evaluation shall be prepared in conformance with SJVAPCD methodology for assessing construction impacts. If construction related air pollutants are determined to have the potential to exceed the SJVAPCD adopted threshold of significance, the Planning and Development Department shall require that applicants for new development projects incorporate mitigation measures into construction plans to reduce air pollutant emissions during construction activities. The identified measures shall be included as part of the Project Conditions of Approval. Possible mitigation measures to reduce construction emissions include but are not limited to: • Install temporary construction power supply meters on-site and use these to provide power to electric power tools whenever feasible. If temporary electric power is available on-site, forbid the use of portable gasoline- or diesel-fueled electric generators. • Use of diesel oxidation catalysts and/or catalyzed diesel particulate traps on diesel equipment, as feasible. • Maintain equipment according to manufacturers’ specifications. • Restrict idling of equipment and trucks to a maximum of 5 minutes (per California Air Resources Board [CARB] regulation). • Phase grading operations to reduce disturbed areas and times of exposure. • Avoid excavation and grading during wet weather. • Limit on-site construction routes and stabilize construction entrance(s). • Remove existing vegetation only when absolutely necessary. Assessments completed in conformance with SJVAPCD methodology City shall ensure that project-specific mitigation is incorporated into project plans During environmental review and prior to approval of discretionary project Prior to issuance of grading or construction permits Project Applicant; qualified air quality consultant; City of Fresno Planning and Development Department Director City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 26 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial • Sweep up spilled dry materials (e.g., cement, mortar, or dirt track-out) immediately. Never attempt to wash them away with water. Use only minimal water for dust control. • Store stockpiled materials and wastes under a temporary roof or secured plastic sheeting or tarp. GP MM AIR-2.2: Prior to future discretionary project approval, development project applicants shall prepare and submit to the Director of the City Planning and Development Department, or designee, a technical assessment evaluating potential project operation-related air quality impacts. The evaluation shall be prepared in conformance with SJVAPCD methodology in assessing air quality impacts. If operation- related air pollutants are determined to have the potential to exceed the SJVAPCD-adopted thresholds of significance, the Planning and Development Department shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the Project Conditions of Approval. Possible mitigation measures to reduce long-term emissions include but are not limited to: • For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plugging in the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage (i.e., battery) and combined heat and power (CHP, also known as cogeneration) in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for Assessments completed in conformance with SJVAPCD methodology City shall ensure that project-specific mitigation is incorporated into project plans for approval. During environmental review and prior to approval of discretionary project Prior to issuance of any grading or construction permits Project Applicant; qualified air quality consultant; City of Fresno Planning and Development Department Director City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 27 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial loading/unloading in accordance with CARB Rule 2845 (13 California Code of Regulations [CCR] Chapter 10, Section 2485). • Require that 240-volt electrical outlets or Level 3 chargers be installed in parking lots that would enable charging of neighborhood electric vehicles (NEVs) and/or battery powered vehicles. • Maximize use of solar energy including solar panels; installing the maximum possible number of solar energy arrays on building roofs throughout the city to generate solar energy. • Maximize the planting of trees in landscaping and parking lots. • Use light-colored paving and roofing materials. • Require use of electric or alternatively fueled street- sweepers with HEPA filters. • Require use of electric lawn mowers and leaf blowers. • Utilize only Energy Star heating, cooling, and lighting devices, and appliances. • Use of water-based or low volatile organic compound (VOC) cleaning products. GP MM AIR-3.1: Prior to future discretionary approval for projects that require environmental evaluation under CEQA, the City of Fresno shall evaluate new development proposals for new industrial or warehousing land uses that: (1) have the potential to generate 100 or more truck trips per day or have 40 or more trucks with operating diesel-powered transport refrigeration units, and (2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use. Such projects shall submit a Health Risk Assessment (HRA) to the City Planning and Development Department. The HRA shall be prepared in accordance with policies and procedures of the HRA City shall ensure that project-specific mitigation is incorporated into project plans for approval During environmental review and prior to approval of discretionary project Prior to issuance of any grading or construction permits Project Applicant; qualified air quality consultant; City of Fresno Planning and Development Department City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 28 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial most current State Office of Environmental Health Hazard Assessment (OEHHA) and the SJVAPCD. If the HRA shows that the incremental health risks exceed their respective thresholds, as established by the SJVAPCD at the time a project is considered, the Applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs), including appropriate enforcement mechanisms to reduce risks to an acceptable level. TBACTs may include, but are not limited to: • Restricting idling on-site or electrifying warehousing docks to reduce diesel particulate matter; • Requiring use of newer equipment and/or vehicles; • Provide charging infrastructure for: electric forklifts, electric yard trucks, local drayage trucks, last mile delivery trucks, electric and fuel-cell heavy duty trucks; and/or • Install solar panels, zero-emission backup electricity generators, and energy storage to minimize emissions associated with electricity generation at the project site. T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. GP MM AIR-3.2: Locate sensitive land uses (e.g., residences, schools, and daycare centers) to avoid incompatibilities with recommended buffer distances identified in the most current version of the CARB Air Quality and Land Use Handbook: A Community Health Perspective (CARB Handbook). Sensitive land uses that are within the recommended buffer distances listed in the CARB Handbook shall provide enhanced filtration units or submit a Health Risk Assessment (HRA) to the City. If the HRA shows that the project would exceed the applicable SJVAPCD thresholds, mitigation measures capable of reducing potential impacts to an acceptable level must be identified and approved by the City. HRA City shall ensure that project-specific mitigation is incorporated into project plans for approval During environmental review and prior to approval of discretionary project Prior to issuance of any grading or construction permits Project Applicant; qualified air quality consultant; City of Fresno Planning and Development Department City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 29 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial GP MM AIR-4.1: Require developers of projects with the potential to generate significant odor impacts as determined through review of SJVAPCD odor complaint history for similar facilities and consultation with the SJVAPCD, to prepare an odor impact assessment and to implement odor control measures recommended by the SJVAPCD or the City as needed to reduce the impact to a level deemed acceptable by the SJVAPCD. The City’s Planning and Development Department shall verify that all odor control measures have been incorporated into the project design specifications prior to issuing a permit to operate. Odor impact assessment City shall ensure that project-specific mitigation is incorporated into project plans During environmental review and prior to approval of discretionary project Prior to issuance of occupancy permits or permits to operate Project Applicant; qualified air quality consultant; City of Fresno Planning and Development Department MM AIR-5: As part of a standard grading permit submittal, the project applicant shall submit documentation to the City of Fresno that demonstrates that all off-road construction equipment in excess of 50 horsepower is equipped with engines meeting the United States Environmental Protection Agency (EPA) Tier IV Final off-road engine emission standards or cleaner. The construction contractor shall maintain records concerning its efforts to comply with this requirement during construction, including equipment lists. Off-road equipment descriptions and information may include but are not limited to equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number. The project applicant and/or construction contractor shall submit the construction operations plan and records of compliance to the City of Fresno. If engines that comply with Tier IV Final off-road emission standards are not commercially available, then the construction contractor shall use the next cleanest piece of off- road equipment (e.g., Tier IV Interim) available. For purposes of this mitigation measure, “commercially available” shall mean the availability of Tier IV Final engines taking into Please refer to MM AIR-5 above. Please refer to MM AIR-5 above. Please refer to MM AIR-5 above. City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 30 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial consideration factors such as (i) critical-path timing of construction; and (ii) geographic proximity to the project site of equipment. The contractor can maintain records for equipment that is not commercially available by providing letters from at least two rental companies for each piece of off-road equipment where the Tier IV Final engine is not available. MM AIR-6: Prior to the issuance of grading or building permits for each individual development proposal within the project site, the relevant applicant for each development shall provide the City with documentation demonstrating the use of “Super- Compliant” architectural coatings, as defined by the South Coast Air Quality Management District (South Coast AQMD), during construction of the proposed project. “Super- Compliant” architectural coatings, as defined by the South Coast AQMD, are paints which do not exceed 10 grams of reactive organic gas (ROG) per liter of paint. All architectural coatings shall be applied either by (1) using a high-volume, low-pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand-roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent application efficiency. The construction contractor shall also use precoated/natural colored building materials, where feasible. Please refer to MM AIR-6 above. Please refer to MM AIR-6 above. Please refer to MM AIR-6 above. MM AIR-7: All nonresidential buildings shall be designed to provide infrastructure to support use of electric-powered forklifts and/or other interior vehicles. All nonresidential buildings shall be designed to provide electric infrastructure to support use of exterior yard trucks and on-site vehicles. The operation of yard trucks that are used to move trailers and on-site vehicles within the project site shall be powered by electricity unless the project applicant can Please refer to MM AIR-7 above. Please refer to MM AIR-7 above. Please refer to MM AIR-7 above. City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 31 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial reasonably demonstrate that specific equipment is not available for a task. Compliance with this mitigation measure shall be verified by the City of Fresno prior to the issuance of a building permit. MM AIR-8: Each implementing development project shall be required to implement, at a minimum, an increase in each building’s energy efficiency 15 percent beyond Title 24, and reduce indoor water use by 25 percent. All requirements will be documented through a checklist to be submitted to the City of Fresno prior to issuance of building permits for the implementing development project with building plans and calculations. Please refer to MM AIR-8 above. Please refer to MM AIR-8 above. Please refer to MM AIR-8 above. MM AIR-9: Prior to issuance of building permits for non-single- family residential and mixed-use residential development projects in the Plan Area, the project applicant shall indicate on the building plans that the following features have been incorporated into the design of the building(s). Proper installation of these features shall be verified by the City of Fresno prior to the issuance of a Certificate of Occupancy. • Electric vehicle (EV) charging shall be provided as specified in Section A4.106.8.2 (Residential Voluntary Measures) of the California Green Building Standards Code (CALGreen) Code. Bicycle parking shall be provided as specified in Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code. Please refer to MM AIR-9 above. Please refer to MM AIR-9 above. Please refer to MM AIR-9 above. MM AIR-10: Prior to the issuance of building permits for nonresidential development projects in the Plan Area, project applicants shall indicate on the building plans that the following features have been incorporated into the design of the building(s). Proper installation of these features shall be Please refer to MM AIR-10 above. Please refer to MM AIR-10 above. Please refer to MM AIR-10 above. City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 32 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial verified by the City of Fresno prior to the issuance of a Certificate of Occupancy. • For buildings with more than 10 tenant-occupants, changing/shower facilities shall be provided as specified in Section A5.106.4.3 (Nonresidential Voluntary Measures) of the California Green Building Standards Code (CALGreen) Code. • Preferential parking for low-emitting, fuel-efficient, and carpool/van vehicles shall be provided as specified in Section A5.106.5.1 (Nonresidential Voluntary Measures) of the CALGreen Code. Facilities shall be installed to support future electric vehicle (EV) charging at each nonresidential building with 30 or more parking spaces. Installation shall be consistent with Section A5.106.5.3 (Nonresidential Voluntary Measures) of the CALGreen Code. 2.13 Noise MM NOI–2: Construction Vibration The use of heavy construction equipment within 25 feet of existing structures shall be prohibited. Incorporation into construction contracts On-site inspection Prior to construction During construction City of Fresno Planning and Development Department; construction contractor MM NOI–3: Construction Activity Hours Construction activity which requires a permit issued by the City of Fresno shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and Saturdays. Any construction activity outside of these hours must comply with the City’s noise performance standards of Section 15.2506 of the Municipal Code. Construction activity permit On-site inspection Prior to construction During construction City of Fresno Planning and Development Department; construction contractor City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 33 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial MM NOI–4: Construction Noise Analysis Prior to the issuance of demolition, grading, and/or construction permits, applicants for individual development projects within 500 feet of noise-sensitive receptors (e.g., residences, hospitals, schools) shall conduct a project-level construction noise analysis to evaluate potential impacts on sensitive receptors. The analysis shall be conducted once the final construction equipment list that will be used for demolition and grading activities is determined. The project- level noise analysis shall be prepared, reviewed, and approved by the City of Fresno Community Development Director. If the analysis determines that demolition and construction activities would result in an impact to identified noise-sensitive receptors, then specific measures to attenuate the noise impact shall be outlined in the analysis and reviewed and approved by the City of Fresno Community Development Director. Specific measures may include, but are not limited to, the following Best Management Practices: • Post a construction site notice near the construction site access point or in an area that is clearly visible to the public. The notice shall include the following: job site address; permit number, name, and phone number of the contractor and owner; dates and duration of construction activities; construction hours allowed; and the City of Fresno Community Development Director and construction contractor phone numbers where noise complaints can be reported and logged. • Consider the installation of temporary sound barriers for construction activities immediately adjacent to occupied noise-sensitive structures. • Restrict haul routes and construction-related traffic to the least noise-sensitive times of the day. • Reduce non–essential idling of construction equipment to no more than 5 minutes. Project-level construction noise analysis and submittal to the City of Fresno Community Development Director On-site inspections Prior to issuance of demolition, grading, and/or construction permits During construction City of Fresno Planning and Development Department Director; applicant for individual development project City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 34 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial • Ensure that all construction equipment is monitored and properly maintained in accordance with the manufacturer’s recommendations to minimize noise. • Fit all construction equipment with properly operating mufflers, air intake silencers, and engine shrouds, no less effective than as originally equipped by the manufacturer, to minimize noise emissions. • If construction equipment is equipped with back–up alarm shut offs, switch off back–up alarms and replace with human spotters, as feasible. • Stationary equipment (such as generators and air compressors) and equipment maintenance and staging areas shall be located as far from existing noise-sensitive land uses, as feasible. • To the extent feasible, use acoustic enclosures, shields, or shrouds for stationary equipment such as compressors and pumps. • Shut off generators when generators are not needed. • Coordinate deliveries to reduce the potential of trucks waiting to unload and idling for long periods of time. • Grade surface irregularities on construction sites to prevent potholes from causing vehicular noise. • Minimize the use of impact devices such as jackhammers, pavement breakers, and hoe rams. Where possible, use concrete crushers or pavement saws rather than hoe rams for tasks such as concrete or asphalt demolition and removal. • The final noise-reduction measures to be implemented and their associated details shall be determined by the construction–level noise analysis. The final noise-reduction measures shall be included on all construction and building documents and/or construction management plans and submitted for verification to the City; implemented by the construction contractor through the duration of the City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 35 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial construction phase; and discussed at the pre-demolition, - grade, and/or –construction meetings. MM NOI–5: Operational Stationary Noise Source Impacts Prior to issuance of building permits, the property owner/developer shall be responsible to implement the following measures to limit operational stationary noise source impacts: • Any proposed development projects that include unshielded parking areas within 175 feet, or unshielded truck loading docks within 300 feet, or unshielded mechanical ventilation equipment systems within 35 feet of a noise-sensitive receptor, shall demonstrate compliance with Municipal Code Section 15–2506 by submitting a site-specific acoustic study. These reports shall demonstrate that the proposed project incorporates sufficient noise attenuation features, if needed, to meet the City of Fresno’s exterior/interior noise performance standards. The individual project owner/developer shall submit the acoustic study to the Planning Director for review and approval. Upon approval by the City, the proposed acoustical design features shall be incorporated into the proposed development. Noise reduction design features may include, but are not limited to, locating stationary noise sources on the site to be shielded by structures (buildings, enclosures, or sound walls) or by using equipment that has a quieter rating. Site-specific acoustic study and submittal of findings to the Planning Director Prior to issuance of building permits City of Fresno Planning and Development Department; Property owner/developer 2.17 Transportation MM TRANS-1: At the time of planning application submittal, the project applicant shall prepare a Construction Management Plan (CMP) that will specify traffic controls required to maintain adequate circulation and access throughout the Central Southeast (CSE) Specific Plan Area. At least one lane shall remain open in each direction during construction and access to all existing businesses shall be Construction Management Plan and submittal of documents During planning application submittal City of Fresno Department of Public Works and the Planning and Development Department; project applicant City of Fresno Fresno Central Southeast Specific Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 36 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5000/50000002/MMRP/50000002 Fresno Central Southeast Area SP MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial maintained. This plan shall be subject to approval by the jurisdictional police and fire departments prior to commencement of construction. FRESNO MUNICIPAL CODE FINDINGS Plan Amendment and Rezone Findings Section 15-5812 of the Fresno Municipal Code provides that the Planning Commission shall not recommend and the City Council shall not approve an application unless the proposed Rezone or Plan Amendment meets the following criteria: Criteria A: The change is consistent with the General Plan goals and policies, any operative plan, or adopted policy; and, Finding A: As detailed in the Staff Report, the proposed project is found to be consistent with all applicable goals, objectives, and policies of the Fresno General Plan (including the Housing Element). The Specific Plan contains proposed land uses that are different than those on Figure LU-1 of the General Plan, thus a General Plan amendment is included to ensure consistency between both documents. The Central Southeast Area Specific Plan is an anticipated refinement of the General Plan (page 3-68, Policy D- 7-b). See the “General Plan Consistency” section of the staff report for further details. Criteria B: The change is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare; and, Finding B: The proposed project is consistent with the purpose of the Development Code to promote growth of the city in an orderly and sustainable manner, and to promote and protect the public health safety, peace, comfort, and general welfare. The goals and implementation strategies of the Plan are designed to promote and protect the public health, safety, peace, comfort and general welfare of the people living and working in and around the Plan area. The Plan relies on the adopted Development Code to implement its goals and policies. Criteria C: The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment-generating uses, consistent with the General Plan, any applicable operative plan, or adopted policy; and to increase the inventory of land within a given zoning district to meet market demand. Finding C: The change in land use will achieve a balance of land uses desired by the City, reflecting the desires of community members within the Plan Area. The proposed changes are a refinement of the General Plan and changes that match the current and more appropriate land use based on the desire of the community. The proposed changes are intended to provide more opportunities for retail uses, housing options and public space to create complete neighborhoods. EXHIBIT K HOUSING ELEMENT FINDINGS Last Updated: May 23, 2023 Findings per California Government Code Section 65863 The Director or Planning Commission may only approve an application that reduces the residential density for sites within the Housing Element Inventory, or allow development of any site at, a lower density if it finds that the application is consistent with the purposes of this article and with the following: Criteria A: The reduction in residential densities on sites within the Housing Element inventory included in the proposed Plan Amendment and Rezone is consistent with the goals and objectives of the Fresno General Plan and is consistent with the Housing Element. Finding A: The proposed project is found to be consistent with the goals and objectives of the Fresno General Plan and is consistent with the Housing Element. Criteria B: The remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Section 65584. The capacity quantification and project impact for all income categories is as follows: Above Moderate Finding B.1: The 2013-2023 RHNA capacity for above moderate is proposed to be decreased by 89 units. The 2013-2023 RHNA obligation for above moderate is 10,116 and the existing surplus capacity is 5,187. The sites in this category are adequate and the Plan is consistent with the Housing Element for this category. Moderate Finding B.2: The 2013-2023 RHNA capacity for moderate is proposed to be increased by 214 units. The sites in this category are adequate and the Plan is consistent with the Housing Element for this category. Very Low/Low Finding B.3: The 2013-2023 RHNA capacity for very low/low is proposed to be decreased by 22 units. The 2013-2023 RHNA obligation for low/very low is 8,834 units and the existing surplus capacity is 6,340 units, including rollover capacity. The sites in this category are adequate and the Plan is consistent with the Housing Element for this category. 2008-2013 RHNA Finding B.4: The sites in this category are adequate and the Plan is consistent with the Housing Element for this category. NOTICE OF THE FRESNO CITY PLANNING COMMISSION AND CITY COUNCIL HEARINGS REGARDING THE CENTRAL SOUTHEAST AREA SPECIFIC PLAN AND 02413 AND RELATED ENVIRONMENTAL ASSESSMENT (SCH NO. 2023020138) NOTICE IS HEREBY GIVEN that the Fresno City Planning Commission and City Council, in accordance with the procedures of Chapter 15, Sections 5007 and 5801-5812 of the Fresno Municipal Code (FMC), will conduct public hearings to consider the draft Central Southeast Area Specific Plan and related Environmental Assessment State Clearinghouse (SCH) # 2023020138. These applications have been initiated by the Fresno City Council. Project Location. The Specific Plan Area is approximately 2,000 acres just east and southeast of Downtown Fresno and is bounded by Belmont Avenue to the north, Fourth Avenue to the west, Church Avenue to the south, and Peach Avenue to the east. Additionally, the Specific Plan Area is located within the Roosevelt Community Plan area and overlaps a portion of the Butler/Willow Specific Plan area . Project Description. The project is the adoption of the Central Southeast Area Specific Plan (CSESP). Adoption of the plan would require repeal of the Roosevelt Community Plan and the Butler/Willow Specific Plan and an amendment to the City of Fresno General Plan land use map. In addition, a rezone is proposed to reclassify the zoning on property within the plan area to be consistent with the land use s proposed in the plan. The intent of the CSESP is to refine and build upon the General Plan goals for the area through specific guiding principles, goals, and strategies that were developed based on resident and stakeholder feedback to improve the coordination of public and private development, given the unique opportunities and characteristics of the plan area . The specific applications filed for the Project are described as follows: 1. Plan Amendment Application P22-00400 proposes to: a. Repeal the Roosevelt Community Plan, pertaining to approximately 15, 721 acres, and the Butler/Willow Specific Plan, pertaining to approximately 563 acres. b. Adopt the Central Southeast Area Specific Plan and accompanying Planned Land Use Map. c. Amend the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan. d. Rezone approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land use s proposed in the Plan. 2. Environmental Assessment SCH No. 2023020138: recommends that a Mitigated Negative Declaration be adopted for the project. This published notice is provided in lieu of mailed notices to affected property owners pursuant to Fresno Municipal Code section 15-5007-d. Public hearings on these items are scheduled with the Fresno Planning Commission and City Council as noted below. The Planning Commission’s recommendation is advisory to the City Council. The City Council’s action is final. Any interested person may appear at either or both of the public hearings and present written testimony or speak in favor or against the project proposal. However, all documents submitted to the Planning Commission or City Council for its consideration shall be submitted according to the instructions provided in the respective agendas at least 24 hours prior to the start of the Planning Commission meeting or to the start of the Council Agenda item being heard, pursuant to the Planning Commission’s and City Council’s meeting rules and procedures, or they may be excluded from the administrative record of proceedings. If an individual challenges the above applications in court, they may be limited to raising only those issues that were raised at the public hearings described in this notice, or in written correspondence delivered to the Planning Commission or City Council consistent with their respective rules of procedure. The Planning Commission’s recommendations pertaining to the Environmental Assessment, Plan Amendments and Rezone applications will be considered by the City Council. For more information: Copies of the proposed Central Southeast Area Specific Plan and the Environmental Assessment, and related documents may viewed online at www.fresno.gov/centralsoutheastplan. Printed copies of the Plan and Environmental Assessment are available at the Planning & Development Department counter, located in Fresno City Hall (Room 3043 at the south end of the third floor), 2600 Fresno Street, Fresno, California 93721. Copies will also be distributed to the Fresno County Main Library Branch as well as the Mosqueda branch library for public availability. If you have any questions, you may contact Sophia Pagoulatos, Planning Manager, at (559) 621-8062 or via email to Sophia.Pagoulatos@fresno.gov. Si necesita información en español, comuníquese con Marisela Martinez al teléfono (559) 621-8038. Written comments may be sent via email to Sophia.pagoulatos@fresno.gov or US Mail to: Sophia Pagoulatos FRESNO CITY PLANNING COMMISSION SPECIAL MEETING Date: Wednesday, May 31, 2023 Time: 6:00 p.m., or thereafter Place: City Hall Council Chambers 2600 Fresno Street, 2nd Floor Fresno, CA 93721 FRESNO CITY COUNCIL Date: Thursday, June 8, 2023 Time: 10:00 a.m., or thereafter Place: City Hall Council Chambers 2600 Fresno Street, 2nd Floor Fresno, CA 93721 Long-Range Planning Fresno City Hall 2600 Fresno Street, Rm. 3043 Fresno, CA 93721 Subject: Central Southeast Area Specific Plan - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Publication Date: May 19, 2023 NOTICE OF THE FRESNO CITY COUNCIL HEARING REGARDING THE CENTRAL SOUTHEAST AREA SPECIFIC PLAN AND RELATED ENVIRONMENTAL ASSESSMENT (SCH NO. 2023020138) NOTICE IS HEREBY GIVEN that the Fresno City Council, in accordance with the procedures of Chapter 15, Sections 5007 and 5801-5812 of the Fresno Municipal Code (FMC), will conduct a public hearing to consider the draft Central Southeast Area Specific Plan and related Environmental Assessment State Clearinghouse (SCH) # 2023020138. These applications have been initiated by the Fresno City Council. Project Location. The Specific Plan Area is approximately 2,000 acres just east and southeast of Downtown Fresno and is bounded by Belmont Avenue to the north, Fourth Avenue to the west, Church Avenue to the south, and Peach Avenue to the east. Additionally, the Specific Plan Area is located within the Roosevelt Community Plan area and overlaps a portion of the Butler/Willow Specific Plan area. Project Description. The project is the adoption of the Central Southeast Area Specific Plan (CSESP). Adoption of the plan would require repeal of the Roosevelt Community Plan and the Butler/Willow Specific Plan and an amendment to the City of Fresno General Plan land use map. In addition, a rezone is proposed to reclassify the zoning on property within the plan area to be consistent with the land uses proposed in the plan. The intent of the CSESP is to refine and build upon the General Plan goals for the area through specific guiding principles, goals, and strategies that were developed based on resident and stakeholder feedback to improve the coordination of public and private development, given the unique opportunities and characteristics of the plan area. The specific applications filed for the Project are described as follows: 1. Plan Amendment Application P22-00400 proposes to: a. Repeal the Roosevelt Community Plan, pertaining to approximately 15, 721 acres, and the Butler/Willow Specific Plan, pertaining to approximately 563 acres. b. Adopt the Central Southeast Area Specific Plan and accompanying Planned Land Use Map. c. Amend the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan. d. Rezone approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan. 2. Environmental Assessment SCH No. 2023020138: recommends that a Mitigated Negative Declaration be adopted for the project. This published notice is provided in lieu of mailed notices to affected property owners pursuant to Fresno Municipal Code section 15-5007-d. The Public hearing on these items is scheduled with the Fresno City Council as noted below. The Planning Commission’s recommendation is advisory to the City Council. The City Council’s action is final. Any interested person may appear at the public hearing and present written testimony or speak in favor or against the project proposal. However, all documents submitted to the City Council for its consideration shall be submitted according to the instructions provided in the agenda at least 24 hours prior to the start of the Council Agenda item being heard, pursuant to the City Council’s meeting rules and procedures, or they may be excluded from the administrative record of proceedings. If an individual challenges the above applications in court, they may be limited to raising only those issues that were raised at the public hearing described in this notice, or in written correspondence delivered to the City Council consistent with their rules of procedure. The Planning Commission’s recommendations pertaining to the Environmental Assessment, Plan Amendments and Rezone applications will be considered by the City Council. For more information: Copies of the proposed Central Southeast Area Specific Plan and the Environmental Assessment, and related documents may viewed online at www.fresno.gov/centralsoutheastplan. Printed copies of the Plan and Environmental Assessment are available at the Planning & Development Department counter, located in Fresno City Hall (Room 3043 at the south end of the third floor), 2600 Fresno Street, Fresno, California 93721. Copies will also be distributed to the Fresno County Main Library Branch as well as the Mosqueda branch library for public availability. If you have any questions, you may contact Sophia Pagoulatos, Planning Manager, at (559) 621-8062 or via email to Sophia.Pagoulatos@fresno.gov. Si necesita información en español, comuníquese con Marisela Martinez al teléfono (559) 621-8038. Written comments may be sent via email to Sophia.pagoulatos@fresno.gov or US Mail to: Sophia Pagoulatos Long-Range Planning Fresno City Hall 2600 Fresno Street, Rm. 3043 Fresno, CA 93721 FRESNO CITY COUNCIL Date: Thursday, June 15, 2023 Time: 10:05 a.m., or thereafter Place: City Hall Council Chambers 2600 Fresno Street, 2nd Floor Fresno, CA 93721 Subject: Central Southeast Area Specific Plan - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Publication Date: June 2, 2023 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13800 The Fresno City Planning Commission at a special meeting on May 31, 2023 adopted the following resolution relating to Plan Amendment Application No. P22-00400. WHEREAS, the Fresno General Plan includes general goals, policies, and objectives that apply to the City of Fresno as a whole; and WHEREAS, members of the Central Southeast Area community expressed a desire to complete a specific plan that would address a broad array of neighborhood concerns and encourage desired and attainable development; and WHEREAS, the Plan Area is the area within city limits bounded by East Belmon t Avenue to the north, South Fourth Street to the west, East Church Avenue to the south, and South Peach Avenue to the east; and WHEREAS, the Plan Area is within Council District No. 5 and Council District No. 7; and WHEREAS, in 2018, the Fresno City Council established a 15-member steering committee for the Plan; and WHEREAS, the members of the steering committee were appointed by the council member representing District 5; and WHEREAS, from January 30, 2018 to June 15, 2022, the Steering Committee and Planning and Development staff collectively held a series of public meetings and events including 10 steering committee meetings, 4 community workshops, and 20 informational presentations to committees and commissions; and, WHEREAS, on June 18, 2020, by Resolution No. 2020-147 pursuant to Fresno Municipal Code Section 15-4902-B, the Fresno City Council initiated the Central Southeast Area Specific Plan based on the Draft Land Use Map and Guiding Principles, initiated amendments to the Plan Boundary, to adopt the Central Southeast Specific Plan, to update the Land Use Map (Figure LU-1) of the Fresno General Plan, and initiated the repeal of the Roosevelt Community Plan and Butler/Willow Specific Plan pertaining to approximately 2,000 acres located in the Established Neighborhoods South of Shaw Area of the Fresno General Plan; and WHEREAS, on April 8, 2021, the City released a Public Draft of the Central Southeast Area Specific Plan for a 90-day public comment period; and WHEREAS, pursuant to the provisions of 15-5809 of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a duly noticed public hearing on May 31, 2023, to consider the subject applications, and the associated Environmental Assessment, receive public testimony, and consider the Planning and Development Department’s report recommending approval of the proposed Plan Amendment; and, WHEREAS, at the hearing four persons spoke in favor of the applications, one spoke in opposition of a particular land use change; and, Planning Commission Resolution No. 13800 Plan Amendment Application No. P22-00400 May 31, 2023 Page 2 WHEREAS, the Fresno City Planning Commission reviewed the Environmental Assessment prepared for this Plan Amendment; and, WHEREAS, the Planning Commission took action to recommend approval of the subject applications; and, NOW, THEREFORE, BE IT RESOLVED by the Fresno City Planning Commission, based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, as follows: 1. The Commission finds that after review of the entire record, and with the incorporated mitigation measures, there is no substantial evidence in the record to indicate that Plan Amendment Application No. P22-00400 will have a significant effect on the environment, and that adoption of Environmental Assessment No. P22-00400, a Subsequent Mitigated Negative Declaration reflects the Planning Commission’s independent judgment and analysis. 2. The Commission finds in accordance with its own judgment that the proposed Plan Amendment complies with Government Code Section 65 863 related to the Housing Element, as it is consistent with the Fresno General Plan and the sites remaining in the Housing Element are adequate to accommodate the City’s share of the Regional Housing Needs Allocation. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that Plan Amendment Application No. P22-00400, which proposes to adopt the Central Southeast Area Specific Plan and Proposed Planned Land Use Map, repeal the Roosevelt Community Plan, and repeal the Butler/Willow Specific Plan, as depicted on Attachment 1 and 2, be approved. Planning Commission Resolution No. 13800 Plan Amendment Application No. P22-00400 May 31, 2023 Page 3 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion from Commissioner Bray seconded by Commissioner Criner. VOTING: Ayes - Vang, Bray, Criner, Diaz, Hardie Noes - None Not Voting - None Absent - Lyday, Wagner Dated: May 31, 2023 JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13800 Plan Amendment Ap. No. P22-00400 Initiated by the Fresno City Council Action: Recommend Approval Attachments: - Attachment 1: Proposed Planned Land Use Map - Attachment 2: Maps of the Roosevelt Community Plan and Butler/Willow Specific Plan Tulare St Belmont Ave H a z el w o o d B l v d Chestnut AveWillow AveCedar AveButler AveFirstSt Church Ave Jensen Av e Maple AveOrange AveKings Canyon RdVentura St Willow AvePeach AveCalifornia Ave Lane Ave Winery AveEast AveG o l d e n S t a t e B l v d Central Southeast Fresno Specific Plan 0.25 0.50.125 Miles¯0 Legend CSESP Boundary Land Use Change Area Commercial - Community Commercial - General Employment - Office Mixed Use - Corridor Center Employment - Heavy Industrial Employment - Light Industrial Mixed-Use - Neighborhood Open Space Park Public Facility Railroad Residential - Low Density Residential - Medium Density Residential - Medium High Density Residential - Medium Low Density Residential - Urban Neighborhood Land Use Designations Proposed Planned Land Use Map Proposed Land Use Changes outside of Plan Area to be considered in the South Central Specific Plan FAIRGROUNDS IRS FACILITY Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfHighlandMcCallShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Malaga HighlandDe WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDa kota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaCentral OrangeBryanSunnysideArmstrongLocanLeonardThompsonFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanThompsonLeonardClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague 1 Roosevelt Communit y Plan Area K:\GIS 2023\Internal Request\forDrewW\Planning Commisions maps 05252023\Roosevelt_vicinitymap.mxd0 2 41 Miles S a n Joaquin River Prepa red by the Planning and D eve lopment Depa rtment Disclaimer:This map is believed to be an accurate representation of the City of Fresno GIS data, however we make no warra nties eith er expressed or implied for co rrectness of this data. Legend Roosevelt Community Plan City limits Sphere of Influence |þ99 |þ41 |þ168 |þ180 |þ99 |þ41 |þ180 ®® Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfHighlandMcCallShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Malaga HighlandDe WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDa kota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaCentral OrangeBryanSunnysideArmstrongLocanLeonardThompsonFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanThompsonLeonardClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague 1 Butler/Willow Specific Plan Area K:\GIS 2023\Internal Request\forDrewW\Planning Commisions maps 05252023\ButlerWillow_vicinitymap.mxd0 2 41 Miles S a n Joaquin River Prepa red by the Planning and D eve lopment Depa rtment Disclaimer:This map is believed to be an accurate representation of the City of Fresno GIS data, however we make no warra nties eith er expressed or implied for co rrectness of this data. Legend Butler/Willow Spe cific Plan City limits Sphere of Influence |þ99 |þ41 |þ168 |þ180 |þ99 |þ41 |þ180 ®® FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13801 The Fresno City Planning Commission at a special meeting on May 31, 2023 adopted the following resolution relating to Rezone Application No. P22-00400. WHEREAS, the Fresno General Plan includes general goals, policies, and objectives that apply for to the City of Fresno as a whole; and WHEREAS, members of the Central Southeast Area community expressed a desire to complete a specific plan that would address a broad array of neighborhood concerns and encourage desired and attainable development; and WHEREAS, the Plan Area is the area within city limits bounded by East Belmont Avenue to the north, South Fourth Street to the west, East Church Avenue to the south, and South Peach Avenue to the east; and WHEREAS, the Plan Area is within Council District No. 5 and Council District No. 7; and WHEREAS, in 2018, the Fresno City Council established a 15-member steering committee for the Plan; and WHEREAS, the members of the steering committee were appointed by the council member representing District 5; and WHEREAS, from January 30, 2018 to June 15, 2022, the Steering Committee and Planning and Development staff collectively held a series of public meetings and events including 10 steering committee meetings, 4 community workshops, and 20 informational presentations to committees and commissions; and, WHEREAS, on June 18, 2020, by Resolution No. 2020-147 pursuant to Fresno Municipal Code Section 15-4902-B, the Fresno City Council initiated the Central Southeast Area Specific Plan based on the Draft Land Use Map and Guid ing Principles, initiated amendments to the Plan Boundary, to adopt the Central Southeast Specific Plan, to update the Land Use Map (Figure LU-1) of the Fresno General Plan, and initiated the repeal of the Roosevelt Community Plan and Butler/Willow Specific Plan pertaining to approximately 2,000 acres located in the Established Neighborhoods South of Shaw Area of the Fresno General Plan; and WHEREAS, the Planning and Development Director has initiated Rezone Application P22-00400 to rezone land to be consistent with the Proposed Planned Land Use Map; and WHEREAS, on April 8, 2021, the City released a Public Draft of the Central Southeast Area Specific Plan for a 90-day public comment period; and WHEREAS, pursuant to the provisions of 15-5809 of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a duly noticed public hearing on May 31, 2023, to consider the subject applications, and the associated Environmental Assessment, receive public testimony, and consider the Planning and Deve lopment Department’s report recommending approval of the proposed Plan Amendment; and, Planning Commission Resolution No. 13801 Rezone Application No. P22-00400 May 31, 2023 Page 2 WHEREAS, at the hearing four persons spoke in favor of the applications, one spoke in opposition of a particular land use change; and, WHEREAS, the Fresno City Planning Commission reviewed the Environmental Assessment prepared for this Plan Amendment; and, WHEREAS, the Planning Commission took action to recommend approval of the subject applications; and, NOW, THEREFORE, BE IT RESOLVED by the Fresno City Planning Commission, based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, as follows: 1. The Commission finds that after review of the entire record, and with the incorporated mitigation measures, there is no substantial evidence in the record to indicate that Rezone Application No. P22-00400 will have a significant effect on the environment, and that adoption of Environmental Assessment No. P22 -00400, a Subsequent Mitigated Negative Declaration reflects the Planning Commission’s independent judgment and analysis. 2. The Commission finds in accordance with its own judgment that the proposed Rezone Application complies with Government Code Section 65863 related to the Housing Element, as it is consistent with the Fresno General Plan and the sites remaining in the Housing Element are adequate to accommodate the City’s share of the Regional Housing Needs Allocation. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that Rezone Application No. P22-00400, which propose to amend the zoning map, consistent with the Fresno General Plan Planned Land Use Map (Figure LU-1) to incorporate the zone changes proposed in the Central Southeast Area Specific Plan, as shown in Attachment 1, to rezone approximately 136 acres within the Central Southeast Area Specific Plan area to be consistent with the proposed planned land uses, as shown in Attachment 2. Planning Commission Resolution No. 13801 Rezone Application No. P22-00400 May 31, 2023 Page 3 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion from Commissioner Bray seconded by Commissioner Criner. VOTING: Ayes - Vang, Bray, Criner, Diaz, Hardie Noes - None Not Voting - None Absent - Lyday, Wagner Dated: May 31, 2023 JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13800 Rezone Application. No. P22-00400 Initiated by the Planning Director Action: Recommend Approval Attachment: - Attachment 1: Proposed Changes to the General Plan Planned Land Use Map (Figure LU-1) - Attachment 2: Proposed Changes to the Zoning Map California Ave Willow AveOrange AveMaple AvePeach AveChestnut AvePullman AveHuntington Blvd Lane Ave Butler Ave Cedar AveBelmont Ave Tulare St Jensen Church Ave Sunland Ave Proposed Land U se Changes in the Central Southeast Area Specific Plan Area K:\GIS 2023\Internal Request\forDrewW\Planning Commisions maps 05252023\CSESP_PLUchanges.mxd0 0.25 0.50.125 Miles Prepa red by the Planning and D eve lopment Depa rtmentDisclaimer:This map is believed to be an accurate representationof the City of Fresno GIS data, however we make no warra nties eith er expressed or implied for co rrectness of this data. Legend Proposed Land Use Changes Commercial – Community Corridor - Center Mixed Use Residential - Medium Density Residential - Medium High Density Urb an Ne ighborhoo d Gene ral Plan - Planned Land Use RESIDENTIAL Low De nsity (1-3.5 D.U./acre) Medium Low Density (3.5-6 D.U./acre) Medium Density (5.0-12 D.U./a cre) Medium High Density (12 -1 6 D.U./acre) COMMERCIAL Community General EMPLOYMENT Office Light Industrial Heavy Industria l MIXED USE Neighborho od Mixed Use Corridor/Ce nter Mixe d Use OPEN SPACE Community Park Neighborho od Park Open Space Pon ding Ba sin Pon ding Ba sin (Park use) PUBLIC FACILITIES Public/Quasi-public Facility Special School Elemen tary School Middle Schoo l College Fairgroun ds Fire Station PG & E Substation Central Southeast Specific Plan City lim its .. California Ave Willow AveOrange AveMaple AvePeach AveChestnut AvePullman AveHuntington Blvd Lane Ave Butler Ave Cedar AveBelmont Ave Tulare St Jensen Church Ave S u nla n d A v e Proposed Zoning C han ges in theCentral Southeast Area Specific Plan Area K:\GIS 2023\Internal Request\forDrewW\Planning Commisions maps 05252023\CSESP_Zoningchanges.mxd0 0.25 0.50.125 Miles Prepa red by the Planning and D eve lopment Depa rtment Disclaimer:This map is believed to be an accurate representation of the City of Fresno GIS data, however we make no warra nties eith er expressed or implied for co rrectness of this data. Legend Proposed Zoning Changes Base Districts RS-5 - Residential Single-Family, Medium Density RM-1 - Resid ential Multi-Family, Medium High Density RM-2 - Resid ential Multi-Family, Urban Neighborhood CMX - Corridor/Center Mixed Use CC - Commercial Community Zoning Districts Base Districts RS-3 - Residential Single-Family, Low Density RS-4 - Residential Single-Family, Me dium Lo w Density RS-5 - Residential Single-Family, Me dium Den sity RM-MH - Mo bile Home Park RM-1 - Resid ential Multi-Family, Medium High Density NMX - Neig hborhood Mixed Use CMX - Corridor/Center Mixed Use CC - Commercial Community CG - Comme rcia l General O - Office IL - Light Industrial OS - Open Space PR - Park a nd Re creation PI - Public and Institu tio nal Central Southeast Specific Plan City lim its .. Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfHighlandMcCallShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Malaga HighlandDe WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDa kota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaCentral OrangeBryanSunnysideArmstrongLocanLeonardThompsonFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanThompsonLeonardClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague 1 Roosevelt Communit y Plan Area K:\GIS 2023\Internal Request\forDrewW\Planning Commisions maps 05252023\Roosevelt_vicinitymap.mxd0 2 41 Miles S a n Joaquin River Prepa red by the Planning and D eve lopment Depa rtment Disclaimer:This map is believed to be an accurate representation of the City of Fresno GIS data, however we make no warra nties eith er expressed or implied for co rrectness of this data. Legend Roosevelt Community Plan City limits Sphere of Influence |þ99 |þ41 |þ168 |þ180 |þ99 |þ41 |þ180 ®® Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfHighlandMcCallShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Malaga HighlandDe WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDa kota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaCentral OrangeBryanSunnysideArmstrongLocanLeonardThompsonFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanThompsonLeonardClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague 1 Butler/Willow Specific Plan Area K:\GIS 2023\Internal Request\forDrewW\Planning Commisions maps 05252023\ButlerWillow_vicinitymap.mxd0 2 41 Miles S a n Joaquin River Prepa red by the Planning and D eve lopment Depa rtment Disclaimer:This map is believed to be an accurate representation of the City of Fresno GIS data, however we make no warra nties eith er expressed or implied for co rrectness of this data. Legend Butler/Willow Spe cific Plan City limits Sphere of Influence |þ99 |þ41 |þ168 |þ180 |þ99 |þ41 |þ180 ®® Central Southeast Specific Plan City Council June 15, 2023 6:00pm In-Person & Virtual Meeting Introduction Presentation Outline •Background & Community Engagment •Plan Overview •Environmental Assessment •Public Comment •Findings & Recommendations Background What is a Specific Plan? A Specific Plan is: •A long-range planning document (20 to 30 year vision) •Used to implement the General Plan •A set of detailed strategies and actions to guide future growth and development in a specific geographic area (in this case, Central Southeast Fresno) •Focuses on physical improvements: land use, transportation, parks, economic development, and improvements to the quality of life. Planning Context •AREA: 2,000 acres •The CSESP is a continuation of the recent Downtown Neighborhoods Community Plan (2016). This Plan picks up where the DNCP left off along the northwestern boundary. •The planning area is entirely in Fresno City Limits •This plan will replace •Butler/Willow Specific Plan (1971) •Roosevelt Community Plan (1992) Community Engagement •Stakeholder Meetings with 16 groups •Engagement toolkit •20+ Mobile Workshops •4 Public Workshops •4 Surveys •Steering Committee (10 meetings) •3 Community Conversations •2 Mass Mailings to every Property Owner and Resident in Plan Area •Networking through Community Organizations such as Religious Institutions, Library, Community Centers •Website Postings and Emails Guiding Principles •Emphasize cultural diversity and preserve neighborhoods •Actively engage the community and support the underserved •Protect housing affordability and minimize displacement •Enhance mobility and build or improve parks •Support economic vitality, health and equity •Reduce pollution and protect environmental health •Invest in public safety and beautification Big Ideas *This map shows the Plan Area prior to initiation Goal Priorities Initiation Plan Overview Specific Plan Chapters 1.Introduction 2.Vision & Goals 3.Land Use and Urban Design 4.Transportation, Public Realm, & Infrastructure 5.Parks & Open Space 6.Economic Development 7.Quality of Life 8.Next Steps & Funding Goals and Strategies Goals and strategies serve as tools to achieve the community’s vision •Intended to provide clear direction for how the City and community partners will work collaboratively to implement the overall vision of this Plan •Vast majority of the Goals and Strategies come directly from the Community •Few added by City Staff and the consultant team to complement the comprehensive approach to achieving the community’s desired outcomes Goals are visionary statements Strategies describe the recommended actions Plan Area & Land Use Changes before Initiation Plan Area & Land Use Changes after Initiation Environmental Assessment Environmental Assessment •Public Comment Period •February 3 – March 6, 2023 (Extended to April 21, 2023) •4 comment submissions •The comments focused on: •The need for future projects to identify potential contamination on sites in the Plan Area •Water runoff capacity for new development in the Plan Area •Clarification on the Public Comment Period timing Public Draft & Comments Public Review Draft •Plan Area Changed during Initiation •Released April 8, 2021 •Comment Period: April 8 – July 8, 2021 •4 comment letters •54 discrete comments or requests •Incorporates 10 changes made to Goals and Strategies •Included in Redline Draft Findings & Recommendations Findings Fresno Municipal Code Housing Element SB 330 Fresno Municipal Code Consistency with the General Plan goals and policies •A concurrent Plan Amendment to the General Plan Figure LU-1 ensures land use consistency between the General Plan and Specific Plan •The Plan helps implement Objectives in the following Elements: Economic Development; Urban Form, Land Use, and Design; Mobility and Transportation; Parks, Open Space, and Schools; and Healthy Communities Consistency with the Development Code •The Plan relies on the Development Code for implementation. •The Plan does not modify the Development Code. Housing Element – Gov. Code 65863 Adoption of the Plan would impact dwelling unit capacities on Housing Element sites as follows: 0-12 du/ac: net loss of 89 units of capacity 12-16 du/ac: net gain of 214 units of capacity 16-30 du/ac: net loss of 22 units of capacity Surplus capacity exists to accommodate the reduction in affected categories. Housing Element – Gov. Code 65863 Therefore: 1.The reduction is consistent with the adopted General Plan; and 2.The remaining sites identified in the Housing Element are adequate to accommodate the jurisdiction’s share of the Regional Housing Need Allocation (RHNA). Housing Crisis Act of 2019 (SB 330) Adoption of the Plan would result in the net gain of capacity of housing units. Recommendations Central Southeast Area Specific Plan 28 Recommendations The Planning Commission recommend approval of all staff recommendations to City Council at a Special Meeting held on May 31, 2023. The Fresno County Airport Land Use Commission approved a Finding of Consistency for City of Fresno's Central Southeast Specific Plan at a meeting held on June 5, 2023. Staff Recommendations 1.RECOMMEND APPROVAL of a finding set forth in Environmental Assessment No. P22-00400 dated February 1, 2023, of a Mitigated Negative Declaration pursuant to CEQA Guidelines Section 15168(d) (see Exhibit I). Staff Recommendations 1.RECOMMEND APPROVAL of Plan Amendment Application P22-00400 which proposes to: a.Repeal the Roosevelt Community Plan, pertaining to approximately 15,721 acres. b.Repeal the Butler/Willow Specific Plan, pertaining to approximately 563 acres. c.Adopt the Central Southeast Area Specific Plan and accompanying Planned Land Use Map (see Exhibits A, C and G). d.Amend the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan (see Exhibit D). e.Rezone approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan (see Exhibit E). End of Presentation City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER K. CLARK, Director Planning and Development Department BY:PHILLIP SIEGRIST, Planning Manager Development Services Division SUBJECT HEARING to Consider Plan Amendment and Rezone Application No. P22-00507, Development Permit Application No. P22-00505, and related Environmental Assessment No. P22-00507/P22- 00505 pertaining to ±1.23 acres of property located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues. (Council District 2) - Planning & Development Department. 1. ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. RESOLUTION - Approving Plan Amendment Application No. P22-00507, requesting authorization to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential - Medium Density (±1.23 acres) to Commercial - General (±1.23 acres); and, 3. BILL - (For introduction and adoption) - Approving Rezone Application No. P22-00507, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres) zone district to the CG (Commercial - General) (±1.23 acres) zone district in accordance with the Plan Amendment Application; and, 4. APPROVE - Development Permit Application No. P22-00505, requesting authorization to construct an 11,664-square-foot medical clinic and associated parking, circulation, and infrastructure improvements on the approximately 1.23-acre site, subject to compliance with Conditions of Approval dated March 1, 2023. RECOMMENDATION Staff recommends that the City Council take the following actions: 1. ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. ADOPT RESOLUTION - Approving Plan Amendment Application No. P22-00507, requesting authorization to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential - Medium Density (±1.23 acres) to Commercial - City of Fresno Printed on 6/23/2023Page 1 of 15 powered by Legistar™ 6/29/2023 NEW FILE ID 23-1080 MOVED TO JULY 20 File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: General (±1.23 acres); and, 3.INTRODUCE AND ADOPT BILL -Approving Rezone Application No.P22-00507,requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family,Medium Density)(±1.23 acres)zone district to the CG (Commercial -General)(±1.23 acres)zone district in accordance with the Plan Amendment Application; and, 4.APPROVE -Development Permit Application No.P22-00505,requesting authorization to construct an 11,664-square-foot medical clinic and associated parking,circulation,and infrastructure improvements on the approximately 1.23-acre site,subject to compliance with Conditions of Approval dated March 1, 2023. EXECUTIVE SUMMARY Roger Hurtado of Centerline Design,LLC,on behalf of Valley Health Team,Inc.has filed Plan Amendment/Rezone Application No.P22-00507 and related Development Permit Application No. P22-00505 pertaining to six (6)parcels totaling approximately ±1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues. Plan Amendment Application No.P22-00507 proposes to amend the Fresno General Plan,Bullard Community Plan,and Pinedale Neighborhood Plan to change the planned land use designations for the subject property from Residential -Medium Density (±1.23 acres)to Commercial -General (±1.23 acres). The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family,Medium Density)(±1.23 acres)zone district to Commercial -General (±1.23 acres)zone district in accordance with the Plan Amendment Application. Related Development Permit Application No.P22-00505 requests to construct an 11,664-square-foot, single-story medical clinic.The project proposes on and off-site improvements including but not limited to two (2)points of ingress and egress;curbs,gutters,and sidewalks;landscaping;and guest and employee parking.The project will also require the construction of public facilities and infrastructure in accordance with the standards,specifications,and policies of the City of Fresno. Under the current planned land use and zone district of Residential -Medium Density,the proposed use as a medical office would be prohibited.Under the proposed Commercial -General planned land use and zone district, the proposed use would be permitted by right. On March 1,2023,the Planning Commission considered the items as presented by staff in accordance with Fresno Municipal Code (FMC)Section 15-5808.Two (2)members of the public spoke on the project during the hearing.After a complete hearing,the Planning Commission voted and recommended the City Council adopt the environmental assessment and approve the plan amendment & rezone and development permit applications 6 votes to 0. The City Council is considering this project pursuant to FMC Section 15-5810,which requires a City Council Hearing and Action for plan amendment and rezone applications. City of Fresno Printed on 6/23/2023Page 2 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: BACKGROUND Plan Amendment and Rezone Application No.P22-00507 and related Development Permit Application No.P22-00505 were filed by Roger Hurtado of Centerline Design,LLC,on behalf of Valley Health Team,Inc.and pertains to six (6)contiguous parcels totaling approximately ±1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues. Surrounding Property Information Plan Amendment and Rezone Application No.P22-00507 and related Development Permit Application No.P22-00505 were filed by Roger Hurtado of Centerline Design,LLC,on behalf of Valley Health Team,Inc.and pertains to six (6)contiguous parcels totaling approximately ±1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues. Surrounding Property Information The project site is in an area generally characterized by a mix of existing land uses including Public Facilities (north),residential (south),commercial (east),residential (west).Furthermore,surrounding properties are planned and zoned for a mix of land uses which include Public Facility -Elementary School (north),Residential -Medium Density (south),Corridor -Center Mixed Use (east),and Residential -Medium Density (west).Properties located further to the south and southwest are planned for Commercial -General.Properties located further to the east are planned for Commercial -Regional.Additional surrounding property information such as the existing and planned land use designations,as well as the existing zoning districts surrounding the subject property can be found in Exhibits B, C, D, & E. Project Description The project proposes to develop an 11,664-square-foot,28-foot-tall single-story medical clinic.The project proposes on and off-site improvements including but not limited to two (2)points of ingress and egress;curbs,gutters,and sidewalks;landscaping;and employee and guest parking.The project will also require the demolition of two (2)existing on-site structures,which include a 923 square-foot single-family dwelling unit and 464 square-foot detached garage,and the construction of public facilities and infrastructure in accordance with the standards,specifications,and policies of the City of Fresno. Proposed Building Design and Operations The proposed facility is anticipated to serve an estimated 5,000 unduplicated patients and provide 21,450 patient visits per year or 82 clients per day.Services to be provided also include telemedicine which will account for 25%(or 20+/-patients)of all client visits.Valley Health Team anticipates that 40-50%of patient visits will consist of residents from within the Pinedale community and students from Pinedale Elementary School. The project is anticipated to employ approximately 40 staff members including providers and support staff at the site.The proposed hours of operations are Monday through Friday,from 8:00 a.m.to 6:00 p.m.based on demand,the proposed health center may offer expanded hours in the evenings to 8:00 p.m.and on Saturdays.An Urgent Care component may also be provided seven (7)days a week from 8:00 a.m. to 9:00 p.m. with a reduced staff, provided the demand for the service exists. City of Fresno Printed on 6/23/2023Page 3 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: The health center will meet OSHPD3 requirements and will accommodate exam,treatment,labs,x- ray,behavioral health,dental and other rooms or offices.The health center will provide outpatient services in family medicine,internal medicine,pediatrics,perinatal care,gynecology,nutrition and health education,behavioral health,dentistry,diagnostic lab and x-ray,referral services for women, infants, and children. Additionally, chiropractic and podiatry dispensing services will be offered. The proposed project would also include a six-foot concrete masonry unit (CMU)wall and landscape buffer along the western project site boundary. Vehicular access to the project site would be provided through two (2)new drive approaches located along West Beechwood Avenue and North Sugar Pine Avenue.Vehicle circulation within the project site would be provided by a network of two-way,27-foot-wide driveways.The proposed project would include 56 vehicle parking spaces,including two (2)accessible parking stalls,one (1)van accessible parking stall,and six (6)stalls in the future would be designated for electric vehicle charging stations. In addition,the proposed project would provide six (6)bicycle parking spaces,including three (3)long -term bicycle lockers and three short-term bicycle racks. Existing Land Use and Zoning The subject property is located within the boundaries of the Fresno General Plan,Bullard Community Plan,Pinedale Neighborhood Plan,and the Fresno County Airport Land Use Compatibility Plan (ALUCP).These plans designate the subject ±1.23-acre property for Residential -Medium Density planned land uses.The existing underlying RS-5 (Residential Single Family,Medium Density)zone district is consistent with the Residential - Medium Density planned land use designation. Based upon the existing residentially planned land use density and acreage allocations currently designated by the Fresno General Plan,the subject property is currently expected to yield approximately 6 - 14 dwelling units. According to the Fresno General Plan,Medium Density Residential is intended for areas with predominantly single-family residential development,but can also accommodate a mix of housing types,including small-lot starter homes,zero-lot line developments,duplexes,and townhomes. Under the current planned land use designation and zone district of Residential -Medium Density, the proposed medical facility would be prohibited.Therefore,the subject Plan Amendment and Rezone Application (P22-00507)is required to change the existing zoning and land use to a district in which this use is permissible to facilitate the proposed development. Proposed Land Use and Zoning Plan Amendment Application No.P22-00507 proposes to amend the Fresno General Plan and Pinedale Specific Plan to change the planned land use designations for the subject property from Residential -Medium Density (±1.23 acres)to Commercial -General (±1.23 acres).The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family,Medium Density)(±1.23 acres)zone district to the CG (Commercial -General)zone district in accordance with the Plan Amendment Application.The proposed underlying CG zone district is consistent with the proposed Commercial - General planned land use designation. City of Fresno Printed on 6/23/2023Page 4 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: The Commercial -General planned land use designation and zoning classification accommodates a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential impacts on other uses.Examples of allowable uses include building materials,storage facilities with active storefronts,equipment rental,wholesale businesses,and specialized retail not normally found in shopping centers.The focus of district development standards is to ensure structures fit into the surrounding development pattern and architectural or traffic conflicts are minimized. Article 67 of the Fresno Municipal Code (FMC)provides use classifications which describe one or more uses of land that have similar characteristics (e.g.,residential uses,commercial uses,industrial uses,etc.),but do not list every use or activity that may appropriately be within the classification. Pursuant to FMC Section 15-6704 (Commercial Use Classifications),the proposed use would be classified as offices,Medical and Dental.Office uses providing consultation,diagnosis,therapeutic, preventive,or corrective personal treatment services by doctors,dentists,medical and dental laboratories,and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California.Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services. Pursuant to Table 15-1202 (Land Use Regulations -Commercial Districts)of the FMC,Office uses, which includes Medical and Dental,are permitted “by right”in the CG zone district and not subject to specific limitations or additional regulations for special uses pursuant to Article 27 of the FMC. Therefore,if approved,the project (Development Permit Application No.P22-00505)would be considered consistent with the proposed planned land use and zoning classification of Commercial - General. Housing Crisis Act of 2019 (SB 330) On October 9,2019,Governor Newsom signed Senate Bill (“SB”)330 enacting the “Housing Crisis Act of 2019.”This housing bill was effective starting January 1,2020,and later amended through the adoption of Senate Bill 8 (SB 8),effective January 1,2022,and will therefore remain in effect through January 1,2030.One of the applicable provisions of this legislation,as it relates to Plan Amendments and Rezoning,includes limitations wherein an affected City (which includes the City of Fresno) cannot change the general plan land use designation,specific plan designation,or zoning to a less intensive use,or reduce the intensity of an existing land use designation or zone district,below the density/intensity that was in effect on January 1,2018;unless,the City concurrently increases density within its plans elsewhere within the City (i.e.corresponding up-zone)to ensure the total number of available residential units remain the same,resulting in no net loss of residential development capacity.Pursuant to SB 8,“concurrently,”was amended to be defined as follows:the action is approved at the same meeting of the legislative body;the action is approved at the same meeting of the legislative body or,if the action that would result in a net less or residential capacity is requested by an applicant for a housing development project,within 180 days;and the action is included in the initiative in a manner that ensures the added residential capacity is effective at the same time as the reduction in residential capacity. In this case,the subject area of ±1.23 acres are proposing a land use change from Residential - Medium Density to Commercial -General.The maximum density allowed in the Residential -Medium Density planned land use designation is 12 dwelling units per acre.Therefore,the proposed plan amendment and rezone application would result in a reduction of residential development capacity ofCity of Fresno Printed on 6/23/2023Page 5 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: amendment and rezone application would result in a reduction of residential development capacity of 14 dwelling units;unless a separate Plan Amendment/Rezone application that will increase the total number of residential units elsewhere in the City is concurrently approved by the City Council on the same day as the subject application (resulting in no net loss in residential capacity). In accordance with SB 330 and SB 8,an affected city (including Fresno)cannot enact a change in the General Plan or Specific Plan designation or zoning to a less intensive use or reduce residential density below January 2018 levels without a concurrent up-zone.These are matters subject to Council Resolution and Ordinance.Therefore,it must be demonstrated that the proposed project will not result in a net loss prior to Council action. The applicant has not submitted an application for a separate Plan Amendment and Rezone that would offset the loss of potential dwelling units for the subject area,consistent with SB 330.For purposes of this project complying with the provisions of SB 330 and SB 8,the City Council must “concurrently”approve a separate proposal or initiative that would offset the loss of potential dwelling units for the subject site in order to be consistent with SB330 & SB 8. ANALYSIS Traffic & Circulation The Project site has three (3)existing street frontages,West Fir Avenue to the North,North Sugar Pine Avenue to the East,and West Beechwood Avenue to the South.The Fresno General Plan Circulation Element designates these roadways (West Fir Avenue,North Sugar Pine and West Beechwood Avenue) as local streets. The project will include frontage improvements including but not limited to two (2)points of ingress and egress,curbs,gutters,and sidewalks.The proposed project is located within Traffic Impact Zone III pursuant to Figure MT-4 of the Fresno General Plan,which generally represents areas near or outside the City Limits but within the Sphere of Influence (SOI)as of December 31,2012.The threshold established by the Fresno General Plan in TIZ III is Level of Service “D”representing a high -density, but stable flow. In accordance with Fresno General Plan Policy MT-2-I,given that the project includes a General Plan amendment,a Traffic Impact Study (TIS)is required.However,the project site and surrounding area already has appropriate multi-modal infrastructure improvements.As such,the City Traffic Engineer determined that a trip generation comparison would suffice in lieu of a TIS.A Trip Generation Analysis (TGA)was prepared by JLB Traffic Engineering,Inc.dated April 8,2022 (Exhibit N)to evaluate the potential difference in traffic generation. As identified in the TGA,vehicle trips and generation rates projected to be generated by the proposed project were calculated using the Institute of Traffic Engineers (ITE)Trip Generation Manual, 10th Edition. Based upon the existing residentially planned land use density and acreage allocations currently designated by the Fresno General Plan,the subject property (if it were to be developed with single family residences)is anticipated to generate approximately 104 Average Daily Trips (ADT)with 8 vehicle trips occurring during the morning (7 to 9 a.m.)peak hour travel period and 11 vehicle tripsCity of Fresno Printed on 6/23/2023Page 6 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: vehicle trips occurring during the morning (7 to 9 a.m.)peak hour travel period and 11 vehicle trips occurring during the evening (4 to 6 p.m.) peak hour travel period. Based upon the proposed change in land use from Residential -Medium Density to Commercial - General,at full buildout the proposed project is projected to generate 406 Average Daily Trips (ADT) with 32 vehicle trips occurring during the morning (7 to 9 a.m.)peak hour travel period and 40 vehicle trips occurring during the evening (4 to 6 p.m.) peak hour travel period. Compared to that which could be developed consistent with the General Plan,the proposed project is estimated to generate a net increase of 302 average daily trips,24 morning peak hour trips and 29 evening peak hour trips. The Public Works Department/Traffic Engineering Division staff has reviewed the proposed traffic yield from the proposed project and the expected traffic generation will not adversely impact the existing and projected circulation system as analyzed in PEIR. The Public Works Department,Traffic Engineering Division has reviewed the potential traffic related impacts for the proposed project and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the standard city requirements for street improvements and subject to the project specific mitigation measures determined applicable by the City of Fresno Traffic Engineer.These requirements generally include:(1)Local street dedications;(2)Street improvements,(including,but not limited to,construction of concrete curbs,gutters,pavement,underground street lighting systems; and (3)Payment of applicable impact fees (including,but not limited to,the Traffic Signal Mitigation Impact (TSMI)Fee,Fresno Major Street Impact (FMSI)Fee,and the Regional Transportation Mitigation Fee (RTMF) Fee. Vehicle Miles Traveled (VMT) Analysis Senate Bill (SB)743 requires that relevant California Environmental Quality Act (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. 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 Fresno VMT Thresholds document includes thresholds of significance for development projects, transportation projects,and land use plans.These thresholds of significance were developed using the County of Fresno as the applicable region,and the required reduction of VMT (as adopted in the Fresno VMT Thresholds)corresponds to Fresno County’s contribution to the statewide GHG emission reduction target.In order to reach the statewide GHG reduction target of 15%,Fresno County must reduce its GHG emissions by 13%.The method of reducing GHG by 13%is to reduce VMT by 13% as well. For residential and non-residential (except retail)development projects,the adopted threshold of significance is a 13%reduction,which means that projects that generate VMT in excess of a 13% reduction from the existing regional VMT per capita or per employee would have a significant environmental impact.Projects that reduce VMT by more than 13%are less than significant.For retail projects,the adopted threshold is any net increase in VMT per employee compared to existingCity of Fresno Printed on 6/23/2023Page 7 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: retail projects,the adopted threshold is any net increase in VMT per employee compared to existing VMT per employee. A quantitative analysis was prepared by JLB Traffic Engineering (Exhibit N)utilizing the 10th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE).The results of the analysis indicated the proposed project is estimated to generate a maximum of 406 daily trips,32 AM peak hour trips and 40 PM peak hour trips,which is lower than 500 ADT.The analysis concluded there are no impacts to VMT associated with this Project. Air Quality and Greenhouse Gas Emissions The California Emissions Estimator Model (CalEEMod)is a statewide land use emissions computer model designed to provide a uniform platform for government agencies,land use planners,and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions (i.e.,reactive organic gasses,oxides of nitrogen,small particulate matter,etc.)associated with both construction and operations from a variety of land use projects. CalEEMod version 2020.4.0 was used to quantify direct emissions from construction and operation activities (including vehicle use),as well as indirect emissions,such as GHG emissions from energy use,solid waste disposal,vegetation planting and/or removal,and water use.Overall,the project will not result in criterion pollutants and greenhouse gas emissions beyond adopted thresholds of significance.A more detailed analysis and evaluation of the projects air quality and greenhouse gas emissions impacts is included in Appendix A of the attached Environmental Assessment dated December 9, 2022, that was prepared for the project (Exhibit N). Public Services Sewer The nearest sanitary sewer main to serve the proposed project is within the Pinedale County Water District service area,and it is anticipated that Pinedale County Water District will provide sewer service to the proposed development.The applicant shall contact the Pinedale County Water District for sewer service conditions and/or restrictions.The requirements listed above,and additional requirements have been listed in the Department of Public Utilities memo dated November 3, 2022. Water The nearest water mains to serve the proposed project is within the Pinedale County Water District service area,and it is anticipated that Pinedale County Water District will provide water services (potable water and fire protection)to the proposed development.The applicant shall contact the Pinedale County Water District for water service conditions and/or restrictions.Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memo dated November 3, 2022. FMFCD In the memorandum dated October 6,2022,the FMFCD indicated that the existing Master Plan drainage system was designed to serve medium density residential uses and does not have the capacity to accommodate the increased runoff generated by the proposed commercial land use.As such,the project has been conditioned to mitigate the impacts of the increased runoff to a rate that would be expected if developed to medium density residential.The developer may either make improvements to the existing pipeline system to provide additional capacity or may implement aCity of Fresno Printed on 6/23/2023Page 8 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: improvements to the existing pipeline system to provide additional capacity or may implement a permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Fire The City of Fresno Fire Department reviewed the proposed project and has determined that adequate Fire service will be available subject to future requirements for development which will include requirements incorporated into the Conditions of Approval. Review for compliance with fire and life safety requirements for the interior of proposed building and the intended use are reviewed by both the Fire Department and the Building and Safety Services Section of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code. Police The City of Fresno Police Department did not provide comment. Other Agencies All comments received from the applicable agencies have been incorporated into the conditions of approval for Plan Amendment and Rezone Application No.P22-00507 and Development Permit Application No.P22-00505.The project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated March 1, 2023. Fresno Municipal Code Given the conditions of approval dated March 1,2023 (Exhibit J),Plan Amendment and Rezone Application No.P22-00507 and related Development Permit Application No.P22-00505 will meet all of the provisions of the FMC,including but not limited to setbacks,transition standards,parking, landscaping,and connectivity,and will comply with all applicable design guidelines and development standards for Office uses (specifically Medical and Dental)in the CG (Commercial -General)zone district. LAND USE PLANS AND POLICIES Fresno General Plan The project proposes to amend the Fresno General Plan to change the planned land use designations for the subject property from Residential -Medium Density (±1.23 acres)to Commercial -General (±1.23 acres).According to the Fresno General Plan,the Commercial -General planned land use designation is intended accommodate a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential impacts on other uses.Examples of allowable uses include building materials,storage facilities with active storefronts, equipment rental,wholesale businesses,and specialized retail not normally found in shopping centers.The focus of district development standards is to ensure structures fit into the surrounding development pattern and architectural or traffic conflicts are minimized. The Fresno General Plan provides goals,objectives,and policies to guide development.As City of Fresno Printed on 6/23/2023Page 9 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: proposed, the project will be consistent with the following Fresno General Plan goals: ·Increase opportunity, economic development, business, and job creation. ·Make full use of existing infrastructure,and investment in improvements to increase competitiveness and promote economic growth. ·Promote orderly land use development in pace with public facilities and services needed to serve development. These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives,achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. The following are applicable objectives and policies from the Urban Form,Land Use &Design,and Economic Development elements of the Fresno General Plan: ·Objective ED-1:Support economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses. ·Objective LU-1:Establish a comprehensive citywide land use planning strategy to meet economic development objectives,achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. o Policy LU-1-a:Promote Development within the Existing City Limits as of December 31,2012.Promote new development,infill,and rehabilitation of existing building stock in the Downtown Planning Area,along BRT corridors,in established neighborhoods generally south of Herndon Avenue,and on other infill sites and vacant land within the City. o LU-1-c:Provision of Public Facilities and Services.Promote orderly land use development in pace with public facilities and services needed to serve development. ·Objective LU-2:Plan for infill development that includes a range of housing types,building forms, and land uses to meet the needs of both current and future residents. o Policy LU-2-a:Infill Development and Redevelopment.Promote development of vacant,underdeveloped,and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs. The proposed plan amendment meets the intent of the goals,objectives,and policies of the Fresno General Plan referenced herein above.Approval of the plan amendment and rezone would help facilitate and achieve the above-mentioned goals,objectives,and policies of the General Plan.The subject property is currently undeveloped and located in an area experiencing growth in development and that can be generally characterized by a mix of existing land uses including Public Facility - Elementary School (north),Residential -Medium Density (south),Corridor -Center Mixed Use (east), City of Fresno Printed on 6/23/2023Page 10 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: Elementary School (north),Residential -Medium Density (south),Corridor -Center Mixed Use (east), and Residential -Medium Density (west).The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses.The project also proposes a building of high-quality design and at a scale compatible with the surrounding area;therefore,the project fosters a high- quality design and would contribute to the mix of amenities in the surrounding area.Lastly,the project supports economic development by opening a new medical facility,which will provide 40 permanent, full-time jobs in North Fresno’s Pinedale Area. Bullard Community Plan There are no goals,objectives or policies within the Bullard Community Plan that would restrict or prohibit the proposed project (Plan Amendment,Rezone,and Development Permit).However, pursuant to FMC Section 15-104-B-4.a (Priority of Plans),should there be a conflict between the Development Code and any operative plan,or between two operative plans,the Development Code shall prevail. Pinedale Neighborhood Plan The Pinedale Neighborhood Plan (PNP)currently has principles and policies that would discourage commercial uses at the subject properties.Specifically,Objective D-1 which is intended to restrict the development of new commercial uses primarily to those areas that are within the North Blackstone/North Sugar Pine Avenue commercial corridor and along the Herndon Avenue frontage road,directly southeast of the project site.Through Policy D.1.d,the PNP rezoned the subject properties which are properties along the westerly side of North Sugar Pine Avenue,between West Beechwood and West Fir Avenues from the C-6 (Heavy Commercial)zone district to R-2-A (Low Density Multiple-Family Residential,one story)zone district;properties which are now currently zoned RS-5 (Residential Single-Family, Medium Density). However,the PNP includes the intent to provide the residents of Pinedale easy access to needed commercial and professional/medical services.The project (as proposed)will introduce medical services and easy access to residents who may otherwise require transit or a vehicle to reach medical services outside of the Pinedale neighborhoods.In this way,the project (proposed rezone/plan amendment and related development permit)may be found consistent with the intent and vision of the PNP. Fresno County Airport Land Use Compatibility Plan The proposed project is located within the Airport Influence Area under the Fresno County Airport Land Use Compatibility Plan.The project site is located within the Fresno-Chandler Executive Airport’s (FCE)Safety Zone 7 -Precision Approach Zone and is not located within a Noise Contour. Listed uses prohibited in Traffic Pattern Zone 7 include hazards to flight.Furthermore,the following Development conditions do not apply;No object shall have a height that would penetrate the airspace protection surface of the airport.Any object that penetrates one of these surfaces is,by FAA definition,considered an obstruction.A proposed object having a height that exceeds the airport’s airspace protection surface shall be allowed only if,upon conclusion of the FAA’s 7460 review process, the FAA determines that the object would not be a hazard to air navigation. The Airport Land Use Commission reviewed the project as submitted at their December 5,2022, regular meeting and approved a Finding of Consistency with the ALUCP.Therefore,the proposedCity of Fresno Printed on 6/23/2023Page 11 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: regular meeting and approved a Finding of Consistency with the ALUCP.Therefore,the proposed project is compatible and in compliance with the Airport Land Use Compatibility Plan. Public Notice and Input Neighborhood Meeting Prior to submittal of the proposed project,the applicant held a neighborhood meeting on February 22, 2021.Several members of the Pinedale community were in attendance where the applicant provided an overview of the proposed project and addressed comments,questions,and concerns.All but one (1)of the attendees expressed support for the proposed project.A summary of the meeting is available and attached with the Master Application/Operational statement in Exhibit G. Council District Project Committee Review On October 10,2022,the Council District 2 Project Review Committee reviewed this project and unanimously voted (3-0-0)to recommend Approval.Further,recommended the project be approved promptly and open as soon as possible to provide necessary services. Historic Preservation Commission On November 28,2022,the Historic Preservation Commission reviewed the Cultural Resource Assessment pursuant to Sections 15064.5 and 15126.4(b)of the California Environmental Quality Act guidelines and unanimously (4-0-1)recommended approval (to Planning Commission and City Council)of Plan Amendment/Rezone Application No.P22-00507 and related Development Permit Application No. P22-00505. Fresno County Airport Land Use Commission As mentioned in the Land Use and Policies section above,the Fresno County Airport Land Use Commission reviewed the project as submitted at their December 5,2022,regular meeting and approved a Finding of Consistency with the ALUCP. Notice of Planning Commission Hearing In accordance with Section 15-5007 of the FMC,the Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property on February 17, 2023 (Exhibit K). Fresno City Planning Commission Action/Recommendation On March 1,2023,the Planning Commission considered the item as presented by staff,followed by a brief presentation by the applicant.No members of the public spoke in opposition and two (2) members of the public spoke in support of the project.However,one of which raised several concerns primarily related to traffic and safety,security,and nuisances;all of which were addressed by the project applicant.No letters and/or e-mails were received in opposition or support of the project.After a complete hearing,the Planning Commission voted and recommended the City Council approve the rezone and development permit applications 6 votes to 0,with 0 Commissioners absent. The Planning Commission resolutions (Exhibit L) are attached for more information. Notice of City Council Hearing On June 2,2023,the Planning and Development Department mailed notices of the City Council Hearing to surrounding property owners within 1,000 feet of the subject site in accordance with Section 15-5007 of the FMC. See Exhibit M for Notice of City Council Hearing. City of Fresno Printed on 6/23/2023Page 12 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: ENVIRONMENTAL FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA)Guidelines.This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. The City of Fresno has prepared an Initial Study of the above-described project and proposes to adopt a Mitigated Negative Declaration. Pursuant to the California Public Resources Code (PRC)§§21093 and 21094 and California Environmental Quality Act (CEQA)Guidelines §§15070 to 15075,15150,and 15152,this project has been evaluated with respect to each item on the attached Appendix G/Initial Study Checklist to determine whether this project may cause any additional significant effect on the environment,which was not previously examined in the Program Environmental Impact Report SCH No.2019050005 for the Fresno General Plan (“PEIR”).After conducting a review of the adequacy of the PEIR pursuant to PRC §21157.6(b)(1)and CEQA Guidelines §§15151 and 15179(b),the Planning and Development Department,as lead agency,finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information,which was not known and could not have been known at the time that the PEIR was certified as complete, has become available. The completed Appendix G/Initial Study Checklist,its associated narrative,technical studies,and mitigation measures reflect applicable comments of responsible and trustee agencies and research and analyses conducted to examine the interrelationship between the proposed project and the physical environment.The information contained in the project application and its related environmental assessment application,responses to requests for comment,checklist,Initial Study narrative,and any attachments thereto,combine to form a record indicating that an Initial Study has been completed in compliance with the State CEQA Guidelines and the CEQA. All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment.It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures. With mitigation imposed under the PEIR and project specific mitigation,there is no substantial evidence in the record that this project may have additional significant,direct,indirect,or cumulative effects on the environment that are significant and that were not identified and analyzed in the PEIR. The Planning and Development Department,as lead agency,finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information,which was not known and could not have been known at the time that the PEIR was certified as complete has become available. Based upon the evaluation guided by the Appendix G/Initial Study Checklist,it was determined that there are project specific foreseeable impacts which require project level mitigation measures. City of Fresno Printed on 6/23/2023Page 13 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: The Initial Study has concluded that the proposed project will not result in any adverse effects,which fall within the "Mandatory Findings of Significance"contained in §15065 of the State CEQA Guidelines.The finding is,therefore,made that the proposed project will not have a significant adverse effect on the environment. Public notice has been provided regarding staff’s finding in the manner prescribed by §15072 of the CEQA Guidelines and by § 21092 of the PRC Code (CEQA provisions). Therefore,it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a Mitigated Negative Declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2)and CEQA Guidelines Section 15178(b)(1) and (2). A public notice of the attached Negative Declaration for Environmental Assessment Application No. P22-00507/P22-00505 (Exhibit N)was published on December 9,2022.To date,no response letters have been received. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications,staff concludes that the required findings of Sections 15- 5206 (Development Permit Findings)and 15-5812 (Plan Amendment and Rezone Findings)of the Fresno Municipal Code can be made. These findings are attached as Exhibit O. HOUSING ELEMENT FINDINGS The project is located across six (6)parcels;five (5)of which are part of the 2013-2023 RHNA Housing Element Sites Inventory,which anticipates a combined minimum capacity of five (5)above moderate units for this site.This project proposes 0 units of housing which is less than the established minimum residential capacity.Therefore,the City Council must make the required findings pursuant to California Government Code §§65863.These findings are attached as Exhibit O. LOCAL PREFERENCE Local preference was not considered because the project does not include a bid or award of a construction or service contract. FISCAL IMPACT Affirmative action by the City Council will result in timely deliverance of the review and processing of the applications as is reasonably expected by the applicant.Prudent financial management is demonstrated by the expeditious completion of this land use application in as much as the applicant has paid to the City a fee for the processing of this application and that fee is,in turn,funding the City of Fresno Printed on 6/23/2023Page 14 of 15 powered by Legistar™ File #:ID 23-1029 Agenda Date:6/29/2023 Agenda #: respective operations of the Planning and Development Department. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan,Bullard Community Plan,Pinedale Neighborhood Plan,and the Fresno County Airport Land Use Compatibility Plan;its compatibility with surrounding existing or proposed uses;and its avoidance or mitigation of potentially significant adverse environmental impacts.These factors have been evaluated as described above and by the accompanying environmental assessment and concludes that the required findings contained within Sections 15-5812 and 15-5306 et seq.of the FMC can be made.Upon consideration of this evaluation,it can be concluded that the proposed Plan Amendment and Rezone Application No.P22- 00507 and related Development Permit Application No.P22-00505 are appropriate for the subject property. ATTACHMENTS: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Planned Land Use Map Exhibit D - Zoning Map Exhibit E - Project Information Tables Exhibit F - Noticing Map Exhibit G - Master Application & Owner’s Letter of Authorization Exhibit H - Operational Statement Exhibit I - Exhibits (Site Plan, Elevations, Floor Plans, & Landscape Plan) Exhibit J - Conditions of Approval [March 1, 2023] Exhibit K - Planning Commission Public Hearing Notice & Noticing Map Exhibit L - Planning Commission Resolutions 13789, 13790, & 13791 Exhibit M - City Council Public Hearing Notice & Noticing Map Exhibit N - Environmental Assessment (Including Studies) Exhibit O - Fresno Municipal Code & Housing Element Findings Exhibit P - City Council Resolution for Plan Amendment P22-00507 Exhibit Q - City Council Ordinance Bill for Rezone Application P22-00507 Exhibit R - PowerPoint Presentation City of Fresno Printed on 6/23/2023Page 15 of 15 powered by Legistar™ Exhibit A Plan Amendment and Rezone Application No. P22-0 0507, Development Permit Application No. P22-00505, and related Environmental Assessment No. P22-00507/ P22-00505 PROPERTY ADDRESS 49 West Fir Avenue PLANNING AND DEVELOPMENT DEPARTMENT Not To Scale Existing Land Use: Residential – Medium Density Proposed Land Use: Commercial - General Existing Zone District: RS-5 (Residential Single Family, Medium Density) zone district Proposed Zone District: CG (Commercial - General) zone district By: P. Siegrist May 11, 2023 Project Site (± 1.23 acres) Vicinity Map Exhibit B Aerial Photograph Project Site (±1.23 acres) Exhibit C Planned Land Use Map SUBJECT PROPERTY (±1.23 acres) Proposed Existing Exhibit D Zoning Map Project Site Proposed To Be Developed (±1.23 acres) Existing Proposed Exhibit E PROJECT INFORMATION TABLES PROJECT SUMMARY PROJECT See Executive Summary in Staff Report for Plan Amendment and Rezone Application No. P22-00507 and related Development Permit Application No. P22-00505. APPLICANT Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc LOCATION 49 West Fir Avenue; Located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues in Fresno (APNs: 303-161-48, 303-161-49, 303-161-50, 303-161-51, 303- 161-52, and 303-161-53) (Council District 2, Council Member Karbassi) SITE SIZE ± 1.23 acres PLANNED LAND USE Existing- Residential – Medium Density (One Single family home on APN 303-161-48) Proposed- Commercial – General (Medical Facility/Office) ZONING Existing- RS-5 (Residential Single Family, Medium Density) zone district Proposed- CG (Commercial – General) zone district HOUSING ELEMENT SITE This project (P22-00505 and P22-00507) is located across six parcels, five of which are part of the 2013-2023 RHNA Housing Element Sites Inventory, which anticipates a combined minimum capacity of 5 above moderate units for this site. The 2013-2023 RHNA obligation for above moderate is 10,116 and the existing surplus capacity is 5,499 for a total existing capacity of 15,615 units. This project proposes 0 units of housing, therefore will lower the surplus capacity to 5,494 units. As the remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 of the California Government Code and to accommodate the City’s share of the regional housing need pursuant to Section 65584, this project is consistent with the Housing Element. PLAN DESIGNATION AND CONSISTENCY Plan Amendment Application No. P22-00507 proposes to amend the Fresno General Plan and Pinedale Specific Plan to change the planned land use designations for the subject property from Residential – Medium Density (± 1.23 acres) to Commercial - General (± 1.23 acres). The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (± 1.23 acres) zone district to the CG (Commercial - General) (± 1.23 acres) zone district in accordance with the Plan Amendment Application. The proposed Commercial – General planned land use designation is consistent with the proposed underlying CG (Commercial - General) zone district. ENVIRONMENTAL FINDING A Mitigated Negative Declaration dated December 9, 2022, was completed. PLAN COMMITTEE RECOMMENDATION The Council District 2 Project Review Committee reviewed this project on October 10, 2022, and unanimously voted (3-0-0) to recommend approval of the project. The committee expressed support for the project and the services it provides. Recommended it be approved promptly and open as soon as possible to provide necessary services. No additional comments and/or recommendations. STAFF RECOMMENDATION Adoption of the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00507/P22-00505, dated December 9, 2022 and Approval of Plan Amendment and Rezone Application No. P22-00507 and related Development Permit Application No. P22-00505 subject to conditions found in the Conditions of Approval dated March 1, 2023. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Public Facility - Elementary School PI (Public and Institutional) Elementary School South Residential – Medium Density RS-5 (Residential Single Family, Medium Density) Residential East Corridor/Center Mixed CMX (Corridor - Center Mixed Use) Commercial West Residential – Medium Density RS-5 (Residential Single Family, Medium Density) Residential Exhibit F Exhibit Map Override 1 Override 1 2/21/2023, 12:42:09 PM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 City of Fresno Exhibit G 2/21/23, 12:48 PM Record Details https://lmspweb.fresno.gov/portlets/web/en-us/#/spacev360/p2200505 1/2 P22-00505 - VHT - Pinedale File Date:02/09/2022 Application Status:On Hold Application Type:Development Permit Application Detail:Detail Description of Work:Development Permit Application No. P22-00505 was filed by Roger Hurtado of Centerline Design, LLC and pertains to 1.23 acres of properties located on West Fir and West Beachwood Avenues between North Sugar Pine and North San Pablo Avenues. The applicant proposes to construct an 11,520 square foot medical clinic across six parcels. The properties are currently zoned RS-5 (Residential Single-Family, Medium Density. A related application has been submitted (P22-00507) which proposes to rezone 6 parcels from RS-5 zoning to CG (Commercial General) in order for the proposed medical clinic to be a by right use at this location. Application Name:VHT - Pinedale Address:49 W FIR AVE, FRESNO, CA 93650 Owner Name:CASTELLANOS MARIA REBECCA CASTELLANOS MARIA REBECCA Owner Address:734 W LAMONA, FRESNO, CA 93728 Parcel No:30316148 Contact Info:Name Organization Name Contact Type Status Roger Hurtado Centerline Desi...Applicant Active Soyla Reyna-Griffin Valley Health Team Developer Active Licensed Professionals Info:Primary License Number License Type Name Business Name Business License # Total Fee Assessed:$38,760.85 Total Fee Invoiced:$38,242.85 Balance:$0.00 Workflow Status:Task Assigned To Status Status Date Action By Application Enrique Aponte Accept 09/14/2022 Enrique Aponte Pre-review- TIS Jill Gormley Content Suff...02/17/2022 Andreina Aguilar Pre-review- Traffic Louise Gilio Content Suff...02/17/2022 Andreina Aguilar Plan Distribution Assign Revie...09/15/2022 Kenneth Jimenez Public Utilities Commi... County PW and Planning County Planning Caltrans Traffic Planning Louise Gilio Reviewed wit...10/13/2022 Andreina Aguilar Public Works Engineering No Comment 11/30/2022 Luis Gonzalez DPU Water Division Robert Diaz Review Complete 10/10/2022 Robert Diaz DPU Planning and Engin...Kevin Gray Reviewed wit...11/04/2022 Kevin Gray DPU Solid Waste Manage...Kevin Gray Reviewed wit...11/04/2022 Kevin Gray Fire Review Deborah L Remily Revisions Re...10/05/2022 Deborah L Remily Police Review Northwest PD No Comment 10/04/2022 Northwest PD Fresno County Environm...Public Health Reviewed wit...10/03/2022 Public Health Building and Safety Se...Christian Mendez Review Complete 11/10/2022 Christian Mendez Airports Airports Review Complete 09/27/2022 Airports Fresno Area Express FAX No Comment 09/27/2022 FAX Irrigation District Review Complete 10/06/2022 FID Flood Control District FMFCD Review Complete 10/05/2022 FMFCD Air Pollution Control ...SJVAPCD Review Complete 10/06/2022 SJVAPCD PGandE PG&E Review Complete 10/11/2022 PG&E School District CUSD No Comment 10/03/2022 CUSD Council District Commi...Kelsey George Review Complete 11/10/2022 Thomas Veatch Council Member District2 No Response ...11/30/2022 Enrique Aponte US Postal Service USPS No Response ...11/30/2022 Enrique Aponte Planner Review Enrique Aponte Long Range Planning Long Range Plan...Review Complete 11/23/2022 Long Range Plan... Public Works TIS Review Jill Gormley Add'l Info R...11/30/2022 Harmanjit Dhaliwal Public Works- CFD Randy Guill No Comment 11/30/2022 Luis Gonzalez Historic Preservation HISTORIC PRESER...Review Complete 11/30/2022 Enrique Aponte Land Division Impact Fees Frank Saburit Review Complete 09/20/2022 Frank Saburit Review Verification CEQA Review Planner Analysis and P... CEQA Publication NOD-NOE Closure Condition Status:Name Short Comments Status Apply Date Severity Action By Documents:File Name Document Group Category Description Type Document Status Document Status Date 02 - Development-Appli...PLN_GENERAL Other Development Applica...application/pdf Uploaded 02/09/2022 03 - P21-05497 DRC Rev...PLN_GENERAL DRC Letter DRC Review Letter application/pdf Uploaded 02/09/2022 04 - G4 - Environmenta...PLN_GENERAL Environmental A...Completed Environme...application/pdf Uploaded 02/09/2022 05 - Letter of Owner A...PLN_GENERAL Owner Authoriza...Letter of Owner Aut...application/pdf Uploaded 02/09/2022 05 - Letter of Owner A...PLN_GENERAL Owner Authoriza...Letter of Owner Aut...application/pdf Uploaded 02/09/2022 05 - Letter of Owner A...PLN_GENERAL Owner Authoriza...Letter of Owner Aut...application/pdf Uploaded 02/09/2022 07 - G1 - Contents Req...PLN_GENERAL Verification Ch...Completed Contents ...application/pdf Uploaded 02/09/2022 09 - G11 - Traffic Pla...PLN_GENERAL Verification Ch...Completed Traffic P...application/pdf Uploaded 02/09/2022 20-168 - G6 - Operatio...PLN_GENERAL Operational Sta...Project Operational...application/pdf Uploaded 02/09/2022 Lots 39-40 Preliminary...PLN_GENERAL Title Report Preliminary Title R...application/pdf Uploaded 02/09/2022 Lots 41-52 Preliminary...PLN_GENERAL Title Report Preliminary Title R...application/pdf Uploaded 02/09/2022 SJVAPCD ISR - applicab...PLN_GENERAL Verification Le...SJVAPCD ISR determi...application/pdf Uploaded 02/09/2022 20-168 - Demo Site Pla...PLN_GENERAL Site Plan Demolition Site Plan application/pdf Uploaded 02/09/2022 20-168 - Proposed Site...PLN_GENERAL Site Plan Proposed Site Plan application/pdf Uploaded 02/09/2022 20-168 - Site Details.pdf PLN_GENERAL Other Site Details Sheet application/pdf Uploaded 02/09/2022 20-168 - Proposed Floo...PLN_GENERAL Floor Plan Proposed Floor Plan application/pdf Uploaded 02/09/2022 20-168 - Proposed Exte...PLN_GENERAL Elevations Proposed Exterior E...application/pdf Uploaded 02/09/2022 20-168 - Proposed Land...PLN_GENERAL Landscape Plan Landscape Plan application/pdf Uploaded 02/09/2022 20-168 - Deed Document...PLN_GENERAL Deed Documents Deed Documents application/pdf Uploaded 02/09/2022 P22-00505 and P22-0050...PLN_GENERAL Exhibit Incomplete Letter application/pdf Uploaded 03/08/2022 Menu Help 2/21/23, 12:48 PM Record Details https://lmspweb.fresno.gov/portlets/web/en-us/#/spacev360/p2200505 2/2 File Name Document Group Category Description Type Document Status Document Status Date 02 - Development-Appli...PLN_GENERAL Verification Ch...Development Applica...application/pdf Uploaded 07/21/2022 03 - P21-05497 DRC Rev...PLN_GENERAL DRC Letter DRC Review Letter application/pdf Uploaded 07/21/2022 05 - Letter of Owner A...PLN_GENERAL Owner Authoriza...Signed Owner's Auth...application/pdf Uploaded 07/21/2022 05 - Letter of Owner A...PLN_GENERAL Owner Authoriza...Signed Owner's Auth...application/pdf Uploaded 07/21/2022 07 - G1 - Contents Req...PLN_GENERAL Verification Ch...Drawing Content Req...application/pdf Uploaded 07/21/2022 09 - G11 - Traffic Pla...PLN_GENERAL Verification Ch...Signed Traffic Plan...application/pdf Uploaded 07/21/2022 20-168 - 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applicab...PLN_GENERAL Environmental A...SJVAPCD ISR Exempti...application/pdf Uploaded 07/21/2022 VHT Pinedale Elec 2201...PLN_GENERAL Site Plan Site Photometric Plan application/pdf Uploaded 07/21/2022 P22-00505 Operational ...PLN_GENERAL Operational Sta...Stamped Exhibit application/pdf Uploaded 09/15/2022 P22-00505 Exterior Ele...PLN_GENERAL Elevations Stamped Exhibit application/pdf Uploaded 09/15/2022 P22-00505 Floor Plan -...PLN_GENERAL Floor Plan Stamped Exhibit application/pdf Uploaded 09/15/2022 P22-00505 Landscape Pl...PLN_GENERAL Landscape Plan Stamped Exhibit application/pdf Uploaded 09/15/2022 P22-00505 Site Plan - ...PLN_GENERAL Site Plan Stamped Exhibit application/pdf Uploaded 09/15/2022 P22-00505 - Medical Cl...PLN_GENERAL Agency Conditions City of Fresno Deve...application/pdf Uploaded 09/20/2022 2022-00505 MAILED.pdf PLN_GENERAL Notices FMFCD NOR application/pdf Uploaded 10/05/2022 P22-00505 FID Comments...PLN_GENERAL Agency Conditions FID's Comments application/pdf Uploaded 10/06/2022 SJVAPCD comment letter...PLN_EA Comment Letter application/pdf Uploaded 10/06/2022 PG&E Impact Letter 10-...PLN_GENERAL Agency Conditions PG&E Impact Letter application/pdf Uploaded 10/11/2022 P22-00505 FIR 49 W.pdf PLN_GENERAL Public Works Tr...COA TRAFFIC PLANNING application/pdf Uploaded 10/13/2022 P22-00505 CP1.pdf PLN_GENERAL Exhibit CP1 TRAFFIC PLANNING application/pdf Uploaded 10/13/2022 P22-00505 Medical Clin...DPU_WATER_SEWER Correspondence DPU CONDITIONS application/pdf Uploaded 11/04/2022 Show all Application Comments:View ID Comment Date ENRIQUEA K:\Master Files - 2022\Development Permit\P22-0...03/08/2022 Initiated by Product:ACA Scheduled/Pending Inspections:Inspection Type Scheduled Date Inspector Status Comments Resulted Inspections:Inspection Type Inspection Date Inspector Status Comments 2/21/23, 12:50 PM Record Details https://lmspweb.fresno.gov/portlets/web/en-us/#/spacev360/p2200507 1/1 P22-00507 - VHT - Pinedale File Date:02/09/2022 Application Status:In Review Application Type:Plan Amendment - Rezone Application Detail:Detail Description of Work:Planned Amendment - Rezone Application No. P22-00507 was filed by Roger Hurtado of Centerline Design, LLC and pertains to 1.23 acres of properties located on West Fir and West Beachwood Avenues between North Sugar Pine and North San Pablo Avenues. The applicant proposes to rezone 6 parcels from RS-5 ((Residential Single-Family, Medium Density) zoning to CG (Commercial General) in order to construct an 11,520 square foot medical clinic across six parcels, as a by right use at this location. A related Development Permit application has been submitted (P22-00505) for the proposed medical clinic. Application Name:VHT - Pinedale Address:49 W FIR AVE, FRESNO, CA 93650 Owner Name:CASTELLANOS MARIA REBECCA CASTELLANOS MARIA REBECCA Owner Address:734 W LAMONA, FRESNO, CA 93728 Parcel No:30316148 Contact Info:Name Organization Name Contact Type Status Roger Hurtado Centerline Desi...Applicant Active Soyla Reyna-Griffin Valley Health Team Business Owner Active Licensed Professionals Info:Primary License Number License Type Name Business Name Business License # Total Fee Assessed:$0.00 Total Fee Invoiced:$0.00 Balance:$0.00 Workflow Status:Task Assigned To Status Status Date Action By Application Enrique Aponte Accept 09/14/2022 Enrique Aponte Review Distribution Accepted for...09/16/2022 Kenneth Jimenez Traffic Planning Louise Gilio Review Complete 10/11/2022 Andreina Aguilar Fresno Area Express FAX No Comment 09/27/2022 FAX Public Works Engineering No Comment 11/30/2022 Luis Gonzalez County PW and Planning DPU Water Division Robert Diaz Review Complete 10/11/2022 Robert Diaz Irrigation District FID Review Complete 09/23/2022 FID DPU Planning and Engin...Kevin Gray Reviewed wit...11/07/2022 Kevin Gray Flood Control District FMFCD Review Complete 10/18/2022 FMFCD DPU Solid Waste Manage...Kevin Gray Reviewed wit...11/07/2022 Kevin Gray Air Pollution Control ...SJVAPCD Fire Review Steven R Robinson No Comment 10/07/2022 Steven R Robinson Caltrans Public Utilities Commi... PGandE PG&E Reviewed wit...10/12/2022 PG&E School District CUSD No Comment 10/03/2022 CUSD Police Review Northwest PD No Comment 10/05/2022 Northwest PD Fresno County Environm...Public Health Reviewed wit...10/03/2022 Public Health Council District Commi...Kelsey George Review Complete 11/10/2022 Thomas Veatch Council Member District2 No Response ...11/30/2022 Enrique Aponte Building and Safety Se...Christian Mendez No Comment 11/16/2022 Christian Mendez US Postal Service USPS No Response ...11/30/2022 Enrique Aponte Airports Airports No Comment 09/27/2022 Airports Planner Review Enrique Aponte Long Range Planning Long Range Plan...Review Complete 11/23/2022 Long Range Plan... Historic Preservation HISTORIC PRESER...Review Complete 11/30/2022 Enrique Aponte Land Division Impact Fees Frank Saburit Review Complete 09/20/2022 Frank Saburit LRP GIS Review Michael Andrade No Comment 12/01/2022 Karlo Guillermo Public Works TIS Review Harmanjit Dhaliwal Add'l Info R...11/30/2022 Harmanjit Dhaliwal Review Verification CEQA Study Neighborhood Meetings ALUC CEQA Publication Planning Commission City Council Closure Condition Status:Name Short Comments Status Apply Date Severity Action By Documents:File Name Document Group Category Description Type Document Status Document Status Date Show all Application Comments:View ID Comment Date ENRIQUEA K:\Master Files - 2022\Development Permit\P22-0...08/18/2022 Initiated by Product:ACA Scheduled/Pending Inspections:Inspection Type Scheduled Date Inspector Status Comments Resulted Inspections:Inspection Type Inspection Date Inspector Status Comments Menu Help 734 W. Lamona Ave.FresnoCA93728cmaria530@aol.com490 W Fir, APN: 303-161-48DocuSign Envelope ID: EA53169B-BEEC-4F95-8F33-90420702416801/20/2022Maria Castellanos559-260-5099 February 22, 2021 Valley Health Team Neighborhood Outreach Zoom Meeting The Valley Health Team neighborhood outreach zoom meeting was conducted on Monday, February 22 at 6:00 p.m. Various members of the community were in attendance including Ms. Debbie Bolls the principal of the Pinedale Elementary school, David Rodriguez who represents the City District Advisory Committee, Tyler Mackey who is a member of the PWD board, and whose property neighbors the project site, Ms. Anna H. Herrera, Ms. Elaine Guerrero, Ms. Lisa Guzman, and Richard and Linda Amparano. A wide ranging discussion ensued about the project regarding the loss of residential housing opportunities in Pinedale. Soyla A. Reyna-Griffin, Chief Executive Officer of Valley Health Team, provided an overview of the proposed services focused on people who are often at or below 200% of the federal poverty level. The project will provide medical, dental, behavioral health, and specialty services. In addition, a pharmacy dispensary is also under consideration. The behavioral services will not include alcohol or drug treatment, but instead focus on general mental health and family issues. The building will be one story and is estimated to be no more than 11,900 sq. ft. The site was selected due to its ability to provide convenient access to members of the Pinedale community and its proximity to Pinedale Elementary school. Hours may include Saturdays and evenings to best serve the community and address unmet medical needs. Valley Health Team facilities are accredited by the Joint Commission. Achieving Joint Commission accreditation demonstrates a commitment to continuous improvement in patient care and affirms that you are committed to providing safe, high quality care to patients. While it is not a necessary accreditation, it is Valley Health Team’s plan to ensure that the health center will achieve Joint Commission accreditation. Pinedale Elementary School previously had a health clinic on site, but has since closed due to a lack in funding. Ms. Bolls, Principal of Pinedale Elementary was very supportive of the project and offered to assist in any way she could, being very appreciative of the benefit for students and families. The applicant committed to further meetings with the neighbors and particularly with Mr. Mackey who is the most immediate neighbor to address noise and parking. All but one person in attendance supported the proposed clinic. I provided my phone number and email address for people to communicate with me to assure that they were included in any future meetings or public notices. c:\users\dirk\autotask workplace\current clients\valley health team 21-04\neighbors\february 22 outreach meeting summary.docx Exhibit H 1 Valley Health Team, Inc. Plan Amendment and Rezoning Justification July 12, 2022 Project Description/Request Approve a General Plan Amendment and rezoning changing the general plan designation for the 1.23 +/- acres (54,600 +/- sq. ft.) from the medium density residential land use designation to the General Commercial (CG) land use and zoning. An 11,664+/- sq. ft. medical clinic is proposed which is a by-right use per Section 15.l6703 of the City of Fresno Development Code. Other facts pertinent to this project are as follows: Owner: Valley Health Team, Inc. P.O. Box 737 21890 W. Colorado Ave. San Joaquin, CA 93660 Applicant: Valley Health Team, Inc. Pinedale Community Health Center. P.O. Box 737 21890 W. Colorado Ave. San Joaquin, CA 93660 Representative: Land Planner: Dirk Poeschel Land Development Services, Inc. 923 Van Ness Ave., Suite No. 200 Fresno, CA 93721 Project Architect: Bryan Pok Centerline Design, LLC 1508 Tollhouse Rd. Suite C Clovis, CA 93611 559-298-3060 ext.12 2 Area/APN: APN 303-161-48/49,50, 51, 52 & 53 1.23 +/- Acres Site Address: Existing General Plan Designation: Medium density residential Existing Zone District: Community or Specific Plan: Bullard Community Plan The proposed clinic is also an infill project as the surrounding neighborhood was developed many decades ago. Information from long time Pinedale residents indicate that the subject site has never been developed. In fact, the project is subject to City of Fresno intercity land use fee reductions. The project is also within an Infill Opportunity Zone of the City of Fresno General Plan adopted to promote and facilitate both large, catalytic reinvestment projects, as well as smaller-scale strategic interventions. Neighborhood Outreach Efforts: The applicant held a zoom outreach meeting with Pinedale residents many months ago using a mailing list provided by city staff. The neighborhood is very supportive of project. The applicant committed to working with the neighbors to assure combability particularly regarding parking and landscaping. Describe how the proposal is complementary to the surrounding neighborhood: To provide proximate health care to an undeserved area. Describe how the proposal helps implement the Fresno General Plan The project will provide health and specialized care services to an underserved area of the community and to the adjacent Pinedale Elementary school. 1. Background and Project Description Valley Health Team, Inc., has a long history of providing healthcare services in the Central Valley. In 1973, concerned citizens from Kerman, San Joaquin, and surrounding communities worked together to bring quality healthcare to this underserved region. Valley Health Team has grown steadily since then to meet the increasing healthcare needs in Fresno, Tulare, and Inyo Counties. In keeping with the applicant’s mission to provide accessible, 3 comprehensive, and quality health care in a culturally and linguistically appropriate manner regardless of patient's ability to pay, Valley Health Team has Board-certified physicians, certified physician assistants, dentists, dermatologists, optometrists, podiatrists, chiropractors, psychologists, licensed clinical social workers, health educators, case managers, and support staff who work with leadership to provide primary health care and specialty care services to deliver outcome-based care. Valley Health Team targets the indigent, uninsured, underserved, special needs population, migrant and seasonal agricultural workers, and all persons with limited access to health care including individuals at or below 200% of the Federal Poverty Level. Valley Health Team desires to construct a 11,664+/- sq. ft. health center on the following the subject property in Pinedale, a previously unincorporated community in Fresno County, CA. The location next to Pinedale Elementary School will allow the students and their parents to have great accessibility to excellent health care. The health center will meet OSHPD3 requirements and will accommodate exam, treatment, labs, x-ray, behavioral health, dental and other rooms and offices as detailed on the project floor plan prepared by Centerline Design, LLC. The health center will provide outpatient services in family medicine, internal medicine, pediatrics, perinatal care, gynecology, nutrition and health education, behavioral health, dentistry, diagnostic lab and x-ray, referral services for women, infants and children. Additionally, chiropractic and podiatry dispensing services will be offered. 2. Hours of Operation The proposed hours of operations are Monday through Friday, from 8:00 a.m. to 6:00 p.m. If demand exists, the proposed health center may offer expanded hours in the evenings to 8pm and on Saturdays. An Urgent Care component may also be provided 7 days a week from 8am to 9pm with a much reduced staff, if the demand for that service exists. 3. Employees The project is anticipated to employ approximately 40 staff members including providers and support staff at the site. 4. Customers The project will serve an estimated 5,000 unduplicated patients and provide 21,450 patient visits per year or 82 clients per day including telemedicine which will account for 25% (or 20+/- patients) of all client visits. Valley Health Team anticipates that 40-50% of patient visits will consist of visits from residents within the Pinedale community and students from Pinedale Elementary School. Please find the attached letter of support from Debra Bolls Principal Pinedale Elementary 4 School acknowledging the opportunity to provide her students excellent health care proximate to their homes and school. 5. Service Delivery Vehicles The are no service delivery vehicles. 6. Access to the site: The site has frontage on two roads Beechwood and Spruce Avenues. Both roads are in good condition. 7. Number of parking spaces for employees, customers, and service/delivery vehicles. Type of surfacing on parking area. Please see the attached site plan prepared by Centerline Design, LLC. 8. Estimated traffic See the project traffic study prepared by JLB Traffic Engineering. 9. Are any goods to be sold on-site? No goods will be sold on site. 10. What equipment is used? If appropriate, provide pictures or brochure. Typical office and medical equipment will be used. 11. What supplies or materials are used and how are they stored? Typical office and medical supplies will be used. 12. Does the use cause an unsightly appearance? Noise: Typical medical office noise Glare: Lighting will be hooded and directed to not annoy adjacent properties Dust: n/a Odor: n/a 13. List any solid or liquid waste to be produced. All solid waste will be disposed of per applicable health and safety codes. Sharps will also be disposed of in accordance with applicable regulations. 5 14. Describe proposed advertising including size, appearance, and placement. Signage will be per City of Fresno standards 15. Will existing buildings be used or will new buildings be constructed? Describe type of construction materials, height, color, etc. Provide floor plan and elevations, if appropriate The site is vacant. All improvements will be new. Please see the attached site plan prepared by Centerline Design, LLC. 16. Will any outdoor lighting or an outdoor sound amplification system be used? Describe and indicate when used. Outdoor lighting will be hooded and directed to not annoy nearby residents. No sound amplification will be used on site. 17. Landscaping or fencing proposed? Describe type and location. The site will be nicely landscaped per city standards. Please see the attached site plan prepared by Centerline Design, LLC. 18. Any other information that will provide a clear understanding of the project or operation. A major premise of the Valley Health Team business plan is to locate clinics with a wide range of medical, physical, psychological services in underserved areas such as Pinedale. The proposed location was selected due to its immediately proximity meaning literally across the street from the Pinedale Elementary School located at 7171 N. Sugar Pine Ave. Please see the attached aerial. This proximity will allow the Pinedale Elementary School children and their families to walk to the clinic substantially reducing vehicular trips. The proposed clinic is also proximate to the Pinedale Community Center located at 7170 N. San Pablo Ave. which located immediately west and functionally a part of the Pinedale Elementary School. The proposed Valley Health Team site proximity to these two community activity centers allows their clients to literally walk to the clinic. Valley Health Team has already established a protocol with Pinedale Elementary School to serve the students health care needs and by way of extension the family of the students. The facility is located within 1,000 feet of the City of Fresno bus rapid transit system BRT). The purpose of the BRT system is to facilitate accelerated bus transportation along major city job and housing corridors thereby reducing automobile travel. Empirical information developed by the city at the time of the BRT implementation hearings concluded that the BRT reduces vehicle miles traveled for users proximate to BRT shelters. Without the proposed Valley Health Team facility, Pinedale residents would have to travel outside of their community to obtain medical services. By locating the proposed Valley 6 Health Team facility within the community of Pinedale at the site proposed Pinedale residence medical, psychological, physical therapy and pharmaceutical needs can be addressed with much shorter trip lengths. In fact, as illustrated on the attached aerial, the unincorporated community of Pinedale is under 2 square miles and the community’s furthest point from the proposed health center location is only 3,294+/- feet or .62 of a mile. Therefore, based on the information provided above, a majority of project vehicle trip lengths will be unusually short. The project is within a highly mixed use area of substantial office, regional commercial and single and multifamily uses. Hundreds of acres of regional commercial uses including grocery, food, entertainment, fitness, general merchandising, home repair, etc. are proximate to the subject site. A variety of housing types exist in the Pinedale community including mobile home parks south of the subject site on Herndon Ave. This mix of uses substantially increases the likelihood that typical traffic counts overstate the net traffic generated by a use in a mixed use area. m:\current clients\valley health team 21-04\correspondence\justification-operational statement.docx Exhibit I CLEAN AIR/ VANPOOL CLEAN AIR/ VANPOOL CLEARAIR/ VANPOOL/ EV / / ////////RDRDRDRDOHOHOHOHOHO H O H O HOHOHOHOHOH OHOHOHW8W8W8W8W8W8W8W8W8W8W8W8W8W8W8XXXXXXXXXXXXXGGGX X X XXXXXXXXXSS10SS10SS10SS10SS10SS10SS10 SS10 SS10 SS10 SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8S S 6 S S 6 SS8SS8SS8SS8SS8SS8W W W W W W W W W W W W W W W W W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8 W8 OHOHOHOHOHOHWWW8W8W8W8W8W8W8W8W8W8W8W8W8W8W8PPSS8SS8SS8SS8GGGGGGGGGG GGGG G PPSSSSSSSSSSSSOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHGGGGGGGGGGGGGGGTTT TTTTTTTTTT626 -00 3 76 " x 32 " 626 - 003 76 "x 32 "626-00376"x32"626 - 003 76 "x 32 " 626- 0 0 376"x 3 2 " 626- 0 0 376"x 3 2 "626-00376"x32"626-00376"x32"626-00376"x32"626-00376"x32"626 -00 3 76 " x 32 "626-00376"x32"TTTTTTTTTTTTTTTTTTTTTTT TTTT626-00376"x32"FDW. FIRN. SUGAR PINE AVE.W. BEECHWOOD AVE.CLEARAIR/ VANPOOL/ EV CLEARAIR/ VANPOOL/ EV CLEARAIR/ VANPOOL/ EV ADJACENTPROPERTYN.I.C.(ZONE RS-5)ADJACENTPROPERTYN.I.C.(ZONE RS-5)PROPOSED SITE PLANA-0.1P R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560 PROJECT DATAGENERAL DATA:BUILDING DATA:PROPOSED PARKING DATA:NEW PARKING PROVIDED:BUILDING SQUARE FOOTAGE TO PARKING RATIO:VICINITY MAPNSOLAR ZONE CALCULATIONKEYED NOTES W8W8W8W8W8W8W8W8W8OHOHOHOHOHOHOHOHOHPROPOSED ENLARGED SITE PLAN AND DETAILSA-0.2P R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560Accessible Stall SignageScale: 1/2" = 1'-0"VANACCESSIBLEMINIMUMFINE $250PARKINGONLYAccessibility SymbolINTERNATIONAL SYMBOL OF ACCESSIBILITYScale: 3/4" = 1'-0"632UNAUTHORIZED VEHICLESPARKED IN DESIGNATEDACCESSIBLE SPACES NOTDISPLAYING DISTINGUISHINGPLACARDS OR SPECIAL LICENSEPLATES ISSUED FOR PERSONSWITH DISABILITIES WILL BETOWED AWAY AT THE OWNER'SEXPENSE. TOWED VEHICLESMAY BE RECLAIMED AT FRESNOPOLICE DEPARTMENT, 2323MARIPOSA STREET OR BYTELEPHONING 559-621-7000.Site Entrance SignageScale: 1/2" = 1'-0" KEYED NOTESConcrete at AC Paving TransitionN.T.S.Truncated DomesCHANGE IN ELEVATIONSECTION A-A TYPICALScale: 6" = 1'-0"4Bicycle RackScale: 1 1/2" = 1'-0"8Concrete Flatwork at Concrete PavingN.T.S.TransitionTroweled Joint / Expansion JointScale: 1 1/2" = 1'-0"Concrete Flatwork EdgeScale: 1" = 1'-0"791113121Scale: 1/4" = 1'-0"Enlarged Proposed Site PlanConcrete Filled BollardScale: 1" = 1'-0"5Trash Enclosure (Elevations & Section)Scale: 1/4" = 1'-0"ELEVATIONELEVATIONELEVATIONELEVATIONSECTION10Scale: 1/4" = 1'-0"City of Fresno Trash Enclosure StandardSolar Structure Section DetailScale: 3/16" = 1'-0"14TRASH ENCLOSUREScale: 3/32" = 1'-0"15NOT USEDNO T U S E DNOT USEDNO T U S E DNOT USEDNOT USED NORTH ELEVATIONHGBFEDBAEAST ELEVATION1234000SOUTH ELEVATIONABCDEHGF000WEST ELEVATION4321P R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560EXTERIOR ELEVATIONSREFERENCE PLANKEYED NOTESCOLOR / MATERIAL LEGENDMATERIALFINISHCOLORA-3.0 TTT TTTTTTTTTT626-00376"x32 "626-00376"x32 "626-00376"x32"626-00376"x32 " 626- 0 0 376"x 3 2 " 626- 0 0 376"x 3 2"626-00376"x32"626-00376"x32"626-00376"x32"626-00376"x32"626-00376"x32 "626-00376"x32"ABDHG314E2FCABCDEHGF3142TTTTTTTTTTTTTTTTTTTTTTT TTTT626-00376"x32"WAITING RECEPTIONEXAM #1EXAM #2EXAM #3EXAM #4EXAM #5EXAM #6EXAM #7EXAM #8EXAM #9EXAM #10EXAM #11EXAM #12MED VITALSELECTRICALROOMPROVIDERS/NURSES HUBTREATMENT ROOMSOILED WORK ROOMPUBLICRESTROOMHEALTH ED./CPSPCLINIC MANAGERWITH CCTVBEHAVIORALHEALTHBEHAVIORALHEALTHVHT LABPATIENT RESTROOMEXTERNAL LABCASE MANAGERSTAFF RESTROOMSTAFF RESTROOM WASTE HOLDINGROOMDENTALEQUIPMENT/JANITORBREAK ROOMPATIENT RESTROOMPANO ROOMDENTALVITALSPROVIDERS OFFICESTERILE/LABOPENOPERATORYPRIVATEOPERATORYX-RAYNURSES OFFICEIT ROOMCONSULTATION ROOM/PCMH CONFERENCE ROOMHALLWAYHALLWAYHALLWAYHALLWAYHALLWAYHALLWAYHALLWAYPUBLICRESTROOMSUB-WAITINGCHIROADMIN STORAGE SUB-WAITINGLACTATION ROOMMED. STRG. LOCKERS PRIVATEOPERATORYELIGIBILITY/INTAKECLEAN ROOMPROPOSED FLOOR PLANA-1.0NP R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560 CLEAN AIR/VANPOOLCLEAN AIR/VANPOOLCLEARAIR/VANPOOL/EV//////// RD RD RD OHOHOHOHOHOHOHOHOHOHW8W8W8W8W8W8W8W8W8W8W8X X X X X X X X X X SS10 SS10 SS10 SS10 SS10SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8WWWWWWWW8W8W8W8W8W8W8W8W8W8W8 W8 OH OH OH OH WW8 W8 W8 W8 W8 W8 W8 W8 W8 W8PP SS8 SS8 SS8 GGSSSSSSSSSST T T T T T T T T TTTTTT TG G G G G G G G G G G G CLEARAIR/VANPOOL/EVCLEARAIR/VANPOOL/EVCLEARAIR/VANPOOL/EVN. SUGAR PINE AVENUEW. BEECHWOOD AVENUE W. FIR AVENUE REFERENCE NOTES SCHEDULE PLANT SCHEDULE project no. scale: sheet title: sheet no. submittal:date: checked by:drawn by: project: client: No. 1 No. 2 No. 3 No. 4 22-01-010 1"=20'-0" XX/XX/XXXX XX/XX/XXXX 04/13/2022 02/25/2022 PBKJ 559.908.8297 San Joaquin, Ca. 93660 21890 Colorado Ave. Valley Health Team, Inc. Fresno, CA 93560 W. Beechwood Ave. N. Sugar Pine Ave. MEDICAL DENTAL OFFICES AT: LANDSCAPE SITE PLAN LSP-1 NORTH 0 SCALE: feet204060 1" = 20' Exhibit J City of Fresno Planning and Development Department Conditions of Approval March 1, 2023 Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 Planner: Enrique Aponte 559-621-8046 PROJECT DESCRIPTION Plan Amendment and Rezone Application No. P22-00507 and related Development Permit Application No. P22-00505 were filed by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc., and pertain to six (6) parcels totaling approximately ± 1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues. Plan Amendment Application No. P20-04209 proposes to amend the Fresno General Plan, Pinedale Neighborhood Plan, and Fresno County Airport Land Use Compatibility Plan to change the planned land use designations for the subject property from Residential – Medium Density (±1.23 acres) to Commercial – General (±1.23 acres). The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres) zone district to Commercial – General (±1.23 acres) zone district in accordance with the Plan Amendment Application. Development Permit Application No. P22-00505 requests to construct an 11,664-square-foot, single- story medical clinic. The project proposes on and off-site improvements including but not limited to: two (2) points of ingress and egress; curbs, gutters, and sidewalks; landscaping; and guest and employee parking. The project will also require the construction of public facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno. Under the current planned land use and zone district of Residential – Medium Density, the proposed use as a medical office would be prohibited. Under the proposed Commercial - General planned land use and zone district, the proposed use would be permitted by right. APN(s): 303-161-48, 303-161-49, 303-161-50, 303-161-51, 303-161-52, and 303-161-53 ADDRESS: 49 West Fir Avenue EXHIBITS: A 1-2, E, F, L, and O 1-6 EXISTING/PREVIOUS ZONING: RS-5 (Residential Single Family, Medium Density) PROPOSED/APPROVED (BY CITY COUNCIL) ZONING: CG (Commercial - General) PART A - ITEMS TO BE COMPLETED The following items are required prior to issuance of building permits and/or commencement of land activity: Planner to check when completed  Development shall take place in accordance with Exhibits A 1-2, E, F, L, and O 1-6 dated March 1, 2023. Revise and transfer all comments or corrections to plan exhibits and upload to the related compliance record prior to issuance of building permits (see directions below).  Any proposed fences, walls, and hedges shall demonstrate compliance with the standards of Section 15-2006 of the FMC. Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 2 of 17  The General standards of outdoor lighting and illumination shall be met. Please revise plans to comply with Section 15-2015-B of the FMC. • All exterior doors, during the hours of darkness, shall be illuminated with a minimum of 0.5 foot-candle of light. • All parking lots and garages shall be illuminated with a minimum of 0.5 foot-candle of light. The maximum height for lighting fixtures shall be at most 25 feet when within 100 feet of any street frontage and 30 feet in any other location.  All exterior doors, during the hours of darkness, shall be illuminated with a minimum of 0.5 foot- candle of light. Add note to site plan and elevations.  All parking lots and garages shall be illuminated with a minimum of 0.5 foot-candle of light. Add not to site plan.  Solid waste and recycling storage areas shall not be located within any required setback or any landscaped areas. Enclosures shall be located as far as possible from the nearby residential district as feasible and be proximate to the non-residential development. Revise site plan to comply with these requirements.  Where potential vehicular and pedestrian conflict areas exist, provide visibility triangles per Section 15-2018 of the FMC. Revise Site Plan.  All required setbacks, except for areas used for exit and entry, shall be landscaped.  Pursuant to FMC Table 15-2305-C-1, a Type 2 Landscape Buffer shall be provided along the rear property line where the subject property abuts a residential district. Revise site plan and landscape plans.  The required Type 2 Landscape Buffer shall be planted and maintained in accordance with Table 15-2305-C-2 of the FMC. Revise landscape plans.  Provide a minimum of one tree for every 10,000 square feet of lot coverage. • Trees which are provided to meet the minimum requirements for parking (or even street trees) shall count toward the satisfaction of this requirement).  Parking areas shall be landscaped in compliance with Article 24, Section 15-2421. Parking and Loading. This requirement has not been met; please revise site/landscape plans to comply.  Project shall comply with the noise standards contained in Table 15-2506-B & 15-2506-C of the FMC. Landscaping and irrigation shall be installed and maintained in accordance with provisions and standards of Article 23 of the Citywide Development Code.  Landscaping must be in place before issuance prior to occupancy and/or final inspection. A Hold on Occupancy/Final Inspection shall be placed on the proposed improvements until such time that landscaping has been approved and verified for proper installation by the Planning Division. (Include this note on the site and landscape plans.)  Prior to granting of occupancy/final inspection, a written certification, signed by a landscape professional approved by the Planning and Development Department Director, shall be submitted stating that the required landscaping and irrigation system have been installed in accordance with the landscaping and irrigation plans approved by the Planning Division. (Include this note on the site and landscape plans)  All exterior mechanical and electrical equipment shall be screened or incorporated into the Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 3 of 17 design of buildings so as not to be visible from major streets, highways, passenger railways, or abutting Residential Districts. Please revise the site plan and/or elevations to demonstrate compliance with this requirement.  Pursuant to Section 15-2508 of the FMC, lights shall be placed to deflect light away from adjacent properties and public streets and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street. Except for public streetlights and stadium lights, no light, combination of lights, or activity shall cast light onto a residentially zoned property or any property containing residential uses exceeding one-half foot-candle.  The developer shall be required to mitigate the impacts of the increased runoff from the proposed commercial land use to a rate that would be expected if developed to medium density residential. 1. The developer may either make improvements to the existing pipeline system to provide additional capacity or; 2. May use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the developer choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten year storm produced by a commercial development, to a two-year discharge, which would be produced by the property if developed medium density residential. The developer will be required to submit improvement plans to the District for review and approval showing the proposed method of mitigation prior to implementation. Implementation of the mitigation measures may be deferred until the time of development.  Buildings shall not be constructed over property lines. A Voluntary Parcel Merger shall be applied for prior to issuance of building permit and recorded prior to occupancy. Should revisions to the site plan result in buildings not being constructed over existing property lines, then a cross access/mutual easements covenant required. Provide a title report dated within 30 days of submittal for all properties involved. The covenant shall be applied for prior to issuance of building permit and recorded prior to occupancy. PART B - OTHER AGENCY COMMENTS AND CONDITIONS To be checked when completed where applicable  1. Fire Department All back checks are performed electronically through the Accela Program (FAASTER portal). You must submit the following documentation to the Building Department: 1) Provide copy of the original submittals (drawings, calculations, and supporting documents) including mark-ups from the plan reviewers who worked on your documents. 2) Provide a complete set of revised drawings, calculations, and supporting documents addressing plan check comments (all changes shall be clouded). 3) Provide a detailed typed response to each item listed in the plan check correction comments document. If you have additional questions regarding back check submittals, please contact the Building Department. All revisions to plans shall be called out with a cloud or delta. If you have questions and would like more information regarding FFD Development Policies please see the following: https://www.fresno.gov/fire-training/manuals-and-forms/ Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 4 of 17 This project was reviewed by the Fire Department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of DARM when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building. 1. Clarify on plan that the turn radius indicated meets the minimum 44 foot centerline requirement for fire apparatus and that the site lighting indicated on all fire lane points will not interfere with the vertical clearance of any fire apparatus. 2. All surface access roads shall be installed and maintained in a serviceable condition prior to and during all phases of construction. (FFD Development Policy 403.002) 3. Show the location of the fire department connection. Fire department connections shall not be installed within five (5) feet of any building opening, excluding a fire department riser access door. (FFD Development Policy 405.025) 4. Fire department connections shall be located within forty (40) feet of a fire apparatus access lane. (FFD Development Policy 405.025) 5. The minimum size of all fire department connections shall be based upon the system type. No connection shall be less than 2½ inch in size. (FFD Development Policy 405.025) 6. Fire department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the fire chief. 2019 CFC, Section 912.2.1. 7. Address Identification. For new and existing buildings, the fire code official is authorized to require approved address or building area identification signage as needed to readily determine the building or area of a building protected by fire department connections. FMC Section 10-50912.2.3 8. Per DRC review: note and show on plan existing parcel lines to be removed with a parcel merger. **Provide documentation of parcel merger** 9. Per DRC review: note and show items noted at pre-application meeting: Be advised that this project will be served by the Pinedale County Water District (PCWD) for domestic and fire protection water services. The existing water main shown in an easement through the proposed parking lot indicated as 8 inch may actually be 6 inch per a somewhat dated PCWD water system map in FF records. **Confirm actual size with PCWD and correct as necessary.** **Also be advised, that the PCWD now requires an aboveground double detector check assembly (DDCA) for fire services which may be problematic on placing south of the proposed riser closet in the hardscape area.** A location for the service in the landscape area next to the ambulance parking stall would be a better option. The DDCA incorporated two indicated fire sprinkler control valves and the FDC can be located on the back side of this device with no control valve on the riser in the proposed exterior closet. Applicant is advised to consult with the site utility contractor and fire sprinkler contractor on the details of the fire sprinkler service installation.  2. Department Of Public Utilities (Water, Sewer, Solid Waste) See attached DPU comments and conditions memo dated November 3, 2022. Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 5 of 17  3. Department Of Public Works: Traffic Planning See attached DPW comments and conditions memo and redlined plan exhibit CP1 dated October 13, 2022. For questions, please contact Andreina Aguilar at andreina.aguilar@fresno.gov or at 559- 621-8674..  4. Flood Control See attached FMFCD Notice of Requirements (NOR) comment memo dated October 4, 2022. NOR Review fees & Grading Plan Review fees are due.  5. Fresno County Environmental Health Recommended Conditions of Approval: • The applicant will be required to obtain a Medical Waste Permit from the California Department of Health Services, Medical Waste Management Program. Call (916) 449-5671 for more information. • Prior to occupancy, the applicant must register any radiation diagnostic equipment with the California Department of Public Health, Radiologic Health Branch. Contact the registration staff at (916) 327-5106 for more information or visit the webpage at: https://www.cdph.ca.gov/Programs/CEH/DRSEM/Pages/RHB-X-ray/Registration.aspx. • The proposed construction project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to the City of Fresno Municipal Code. • If the applicant proposes to use and/or store hazardous materials and/or hazardous wastes, they shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Any business that handles a hazardous material or hazardous waste may be required to submit a Hazardous Materials Business Plan pursuant to the California Health and Safety Code (HSC), Division 20, Chapter 6.95, Section 25507 (http://cers.calepa.ca.gov/). Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information. • Should any underground storage tank(s) be found during construction, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information. • As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor. The following comments pertain to the demolition of the existing structures: • Should the structures have an active rodent or insect infestation, the infestation should be abated prior to remodel of the structures in order to prevent the spread of vectors to adjacent properties. • In the process of demolishing the existing structures, the contractor may encounter asbestos containing construction materials and materials coated with lead-based paints. • If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for more information. • If the structures were constructed prior to 1979 or if lead-based paint is suspected to have been Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 6 of 17 used in the structures, then prior to remodel work the contractor should contact the following agencies for current regulations and requirements: ? California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (560) 620-5600. ? United States Environmental Protection Agency, Region 9, at (415) 947-8000. ? State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL-OSHA) at (559) 454-5302.  6. Building and Safety Services The following items require a separate process with additional fees and timelines, in addition to the Development Permit Application process. Building, Grading and Utility plans are required to be submitted to Building and Safety Services Division for approval and permits for the proposed project. • Verify permanent drainage facilities are provided by Fresno Metropolitan Flood Control District (FMFCD). Contact Jason Clark at (559) 456-3292 for additional information. • Plans must be signed by a licensed Architect/Engineer prior to submittal for permits. • Provide a complete building code analysis for the proposed building. • Drop of zone a main entry shall comply with all requirements of CBC 11B-503. • Circulation paths shall comply with all requirements of CBC 11B-250. 1. Demolition permit is required for all structures being removed from the existing site. 2. Building, Grading and Utility plans are required to be submitted to Building and Safety Services Division for approval and permits for the proposed project. • Verify permanent drainage facilities are provided by Fresno Metropolitan Flood Control District (FMFCD). Contact Jason Clark at (559) 456-3292 for additional information. • Parcel merger/Lot line adjustment is required for the proposed project. These conditions are preliminary comments based on the drawings provided. A complete and detailed review will be provided once the full set of construction drawings are submitted to the Building and Safety Services Division for permit review.  7. Airports Airspace Protection > Airspace review required for any objects (temporary or permanent) over 100 feet tall.  8. Fresno Irrigation District Please see FID's comments uploaded to Accela dated October 5, 2022.  9. Land Division Impact Fees See development and impact fee estimate memo City of Fresno Development Impact Fee Estimate - Reference document: P22-00505 - Medical Clinic - 49 W Fir Ave.pdf dated September 20, 2022.  10. Long Range Planning This project (P22-00505 and P22-00507) is located across six parcels, five of which are part of the 2013-2023 RHNA Housing Element Sites Inventory, which anticipates a combined minimum capacity of 5 above moderate units for this site. The 2013-2023 RHNA obligation for above moderate is 10,116 and the existing surplus capacity is 5,499 for a total existing capacity of 15,615 units. This project proposes 0 units of housing, therefore will lower the surplus capacity to 5,494 units. As the remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 of the California Government Code and to accommodate the City’s Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 7 of 17 share of the regional housing need pursuant to Section 65584, this project is consistent with the Housing Element.  11. San Joaquin Valley Air Pollution Control District Please see previous comment letter dated September 30, 2022.  12. Historic Preservation Per HPC meeting on 11/28/22, Permits P22-00505 & P22-00507 were approved. Thank you. Myrna Rivas, Administrative Clerk Historic Preservation Historic.preservation@fresno.gov 559-621-8071  13. Council District Committee The Council District 2 Project Review Committee recommended approval of this project on October 10, 2022. The motion carried three to zero. The committee expressed support for the project and the services it provides. Recommended it be approved promptly and open as soon as possible to provide necessary services. Please see uploaded draft minutes for additional information.  14. PG&E: See PG&E Impact Letter uploaded to project documents dated October 11, 2022. PART C - PLANNING DEVELOPMENT CODE STANDARDS 1. Density and Intensity Standards Standard Requirement Proposal Complies? Maximum Floor Area Ratio 2.0 0.21 Yes 2. Building Form and Location Standards – CG zone district Standard Requirement Proposal Complies? Maximum Height (ft.) 35’ 28’ Yes Minimum Setback (Major Street) Side Rear Parking, from back of sidewalk or curb - - - - N. Sugar Pine: ±16 10’ 10’ 15’ Yes Yes No. Solid Waste & Recycling Storage shall not be located within required landscape buffer area. Relocate. Yes Should corrections or revisions result in changes to the site plan, the revised exhibits shall demonstrate compliance w/ the development code standards of FMC Table 15-1202. Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 8 of 17 3. Site Design Development Standards Development shall comply with applicable Site Design Development Standards in accordance with FMC Section 15-1204 including but not limited to Residential Transition Standards, Required Landscape Buffers, Screening, and Exceptions to Maximum Height in the CG District. 4. Façade Design Development Standards Development and design of building elevations shall comply with the Façade Design Development in accordance with Section 15-1205 of the FMC as applicable. 5. Parking and Loading • 1 parking space per 275 sq. ft. of floor area. • Long-term bicycle parking requirement for manufacturing and production is per the California Green Building Standards Code which requires the provision of secure bicycle parking for 5% of the off- street parking provided. 6. Landscaping a. Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Development Services Division. (Include this note on the site and landscape plans.) b. New landscaping shall have an automatic irrigation system designed to provide adequate and efficient coverage of all plant material. Irrigation systems shall comply with the requirements of the California Green Building Standards Code and/or the California Model Water Efficient Landscape Ordinance and/or the California Plumbing Code as may be amended. c. Additional landscaping requirements including landscape plan requirements, landscape design standards, and general landscaping standards can be found in Chapter 15, Article 23 of the Fresno Municipal Code. 7. Fencing a. Front Yard. i. Wrought Iron or Tubular Steel. A fence up to four feet in height may be installed within any required front yard setback. Fences must be open a minimum of 80 percent (e.g., no more than 20 percent opaque) to allow for the passage of light and air. ii. All Other Materials. All other fences within any required front yard setback are permitted up to three feet in height and shall comply with the main building setback, minus five feet. b. Street-Side Yard. i. Wrought Iron or Tubular Steel. A fence up to four feet in height may be installed within any required front yard setback. Fences must be open a minimum of 80 percent (e.g., no more than 20 percent opaque) to allow for the passage of light and air. ii. All Other Materials. All other fences within any required street side yard setback are permitted up to three feet in height and shall comply with the main building setback, minus five feet. c. Other Yards. Outside of the required front yard and street-side yards, the maximum height for fences is seven feet (regardless of location on the site) unless the fence is part of Outdoor Storage per Section 15-2013, Outdoor Service Yards and Storage. d. Setbacks. Unless a greater setback is required in another section of this Code, fences shall be set back 12 inches from the back of adjacent sidewalks, or from the curb or shoulder if there is no sidewalk. Fences may be placed on interior side and rear property lines. Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 9 of 17 e. Decorative Features. i. Fences, greater than 125 feet in length in Residential Districts and/or along Major Streets, shall incorporate decorative pilasters with decorative caps spaced no more than 30 feet apart. This shall not apply to industrial districts, unless the industrial district is located on the same side of the street as existing, planned, or zoned residences. ii. A wrought iron decorative entry gate, located outside of required street yard setbacks may be allowed up to seven feet in height in Residential Districts and eight feet in Non-Residential Districts with Director approval. 8. Screening Between Differing Land Use i. Common Property Lines. A six-foot-high screen wall shall be provided on the interior lot lines where any non-residential use abuts a residential district and where multi-family development of four or more units abuts a single-family residential district. Walls shall step down to three feet in height along interior property lines within front yards. ii. Screening Wall Standards. 1. Location. Screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide from adjoining lots the building, facility, or activity required to be screened. 2. Materials. Walls shall be of stucco, decorative block, decorative concrete panel, or other substantially equivalent material as approved by the Director. Chain-link or double-faced wood fencing does not fulfill the screening wall requirement. 3. Berms. Topography, berming, and other alternative methods of mitigating the nuisance of noise and light might be considered at time of project review. An earth berm may be used in combination with the above types of screening walls, but not more than one-third of the required height of such screening may be provided by the berm. 4. Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. 5. Graffiti. Graffiti on a screen wall shall be removed within 48 hours. 6. Timing. If a non-residential use develops adjacent to an existing residential development the wall shall be constructed with the new development. Where a six-foot-high wood fence already exists, the masonry wall footing, when constructed, shall comply with City standards. 7. Pedestrian Access. Pedestrian access, or breaks in screening walls, shall be provided from commercial to residential land uses in strategic locations to allow for connectivity. Locations shall be determined and negotiated at the time of approval, unless otherwise stated in this Code. 9. Outdoor Storage. The open storage of goods, materials, machines, equipment, and vehicles or parts outside of a building for more than 72 hours is not permitted in the front or street-facing side yard. 10. Special Use Requirements This section is not applicable. Operational Requirements PART D - PLANNING - OTHER REQUIREMENTS Planning/Zoning/Environmental Compliance Requirements 1. Development shall take place in accordance with the policies of the Bullard Community Plan, Pinedale Neighborhood Plan, Fresno General Plan and with the Commercial – General planned land use designation.. 2. Development shall take place in accordance with the CG (Commercial - General) zone districts, and all other applicable sections of the Citywide Development Code, Chapter 15 of the Fresno Municipal Code (FMC). 3. Comply with the operational statement submitted for the proposed project dated March 1, 2023. Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 10 of 17 4. Comply with all applicable mitigation measures detailed in the attached Program Environmental Impact Report (PEIR) Mitigation Monitoring Checklist for the Fresno General Plan and any applicable project specific mitigation measures contained in the environmental assessment adopted for the project. 5. Development shall comply with the City of Fresno Parking Manual, California Building Code, and American Disabilities Act requirements. 6. Property development standards and operational conditions are contained in Articles 12 (Commercial Districts), 20 (General Site Requirements), 23 (Landscape), 24 (Parking and Loading) and 25 (Performance Standards). Any project revisions, development and operation must comply with these property development standards and operational conditions. 7. Development shall take place in accordance with the attached “General Notes and Requirements for Entitlement Applications” if applicable. PART E - MISCELLANEOUS AND GENERAL NOTES AND REQUIREMENTS Not all notes and requirements listed below are applicable to all projects. 1. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. This special permit is granted, and the conditions imposed, based upon the Operation Statement provided by the applicant. The Operation Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy available under the law. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. 2. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: a) All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; b) All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, c) Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. 3. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this Code. Specific uses of land, buildings, and structures listed as prohibited in any zoning district are hereby declared to be detrimental to the public health, safety, and welfare. 4. Development shall take place in accordance with the Standards, Specifications, and Standard Drawings of the City of Fresno Public Works Department; Click Here Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 11 of 17 5. Development shall take place in accordance with all city, county, state and federal laws and regulations. 6. Owners and persons having ownership interest in businesses operating in the City of Fresno (including leasing out any commercial or industrial property, or renting out four or more dwelling units) are required by the Fresno Municipal Code to obtain a Business Tax Certificate. Contact the City of Fresno Finance Department’s Business Tax Division at (559) 621-6880 for more information. Information and an application form is available at the following website: Click Here 7. All proposed building(s) or structure(s) constructed on the property must comply with the prevailing California Building Code Standards. 8. Any building modifications and/or additions not included with this application are not approved with this special permit and would be subject to a new special permit. 9. A permit granted under this Code shall automatically expire if it is not exercised or extended within three years of its issuance. Refer to section 15-5013, Expiration of Planning Entitlements, for more information about the exercise of rights. FENCES/WALLS, LANDSCAPING, PARKING 10. Nothing in this Development Code shall be deemed to prohibit the erection of temporary fencing around construction sites in compliance with the Building Code and other applicable provisions of the Fresno Municipal Code. 11. Future fences shall be reviewed and approved by the Planning and Development Department prior to installation. 12. Fences, hedges, and walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height. Fences shall be maintained and shall stand upright and shall not lean. 13. All planting and other landscape elements shall be permanently maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. Yards shall be maintained free of refuse, debris, rubbish, or other accumulated matter and/or materials, and shall be maintained clean. Grass shall not exceed six inches in height. 14. Trees shall be maintained by property owners to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects, and disease. Any tree showing such damage shall be replaced with another tree. 15. No tree for which a Tree Removal Permit is required shall be removed until all conditions of the permit have been satisfied and the decision has become final. In addition, tree(s) approved for removal in conjunction with a development application shall not be removed before the issuance of a Building Permit or unless all of the conditions of approval of the development applications are satisfied. 16. The review authority shall issue a Tree Removal Permit if any of the following general criteria is met: a) The tree(s) is irreparably diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices so that the public health or safety requires its removal. b) The tree(s) can potentially cause substantial damage to existing or proposed main structure(s) (e.g. dwellings, other main structures, or public infrastructure) or interfere with utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 12 of 17 c) The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Review Authority that there are no reasonable alternatives to preserve the tree(s). 17. Future tenant improvements shall be reviewed and approved by the Planning and Development Department to ensure that adequate off-street parking is provided. 18. The number of trees required for parking lot shading are in addition to trees required elsewhere on the site as prescribed in other sections of this Code 19. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times. 20. A minimum number of accessible parking stalls are required for the proposed project per State of California Building Code, “Development Requirements for Handicapped Accessibility.” 21. All accessible stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Section 10-1017 of the Municipal Code shall be towed away. The international symbol and tow-away warning shall be posted conspicuously on seven-foot poles. (Include this note on the site plan.) 22. Applicants are encouraged to provide shared vehicle and pedestrian access between adjacent properties for convenience, safety, and efficient circulation. A joint access covenant shall be required. (Include this note on the site plan.) 23. All general standards of Section 15-2015 of the FMC shall apply when lighting is provided to illuminate parking, sales or display areas. Depict all proposed lights on the site plan. 24. Bicycle parking spaces shall be supplied according to Table 15-2429-D: Required On-Site Bicycle Parking Spaces of the Fresno Municipal Code (FMC). Each bicycle parking space shall be a minimum of 30 inches in width and eight feet in length and shall be accessible without moving another bicycle. At least 30 inches of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces to allow for the maneuvering of bikes. Overhead clearance shall be a minimum of seven feet. A minimum five foot aisle between each row of bicycle parking shall be provided for bicycle maneuvering beside or between each row, when multiple rows are proposed. Bicycle parking spaces shall not encroach into pedestrian ways, landscaped areas, or other required open spaces, and shall be located proximal to structures. 25. All general provisions of Section 15-2403 of the FMC shall apply to all parking areas. SIGNAGE 26. All future signs shall be architecturally compatible with the proposed building(s). Provide a set of drawings, with descriptive information, including, materials, design and colors to allow for a preliminary assessment of the future signage. It is recommended that you provide a copy of the signage early in the project process to allow for staff comment. 27. Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. (Include this note on the site plan.) 28. All proposed signs shall conform to the current sign ordinance. Applications for a sign permit and requirements for submittal are available at the Planning and Development Department's Public Front Counter or online at: Click Here 29. Window signs limited to the hours of operation, address, occupancy, and emergency information, subject to the following standards: Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 13 of 17 a) Operational windows signs shall not be mounted or placed on windows higher than the second story. b) The maximum area of exempt window signage shall not exceed three square feet in area. 30. Banners, streamers, moving signs, and inflatables (including air dancers, balloons, and similar objects) are allowed subject to Temporary Use Permit approval for establishments within Non- Residential Districts. Signs of this type do not count toward total maximum sign area. No sign per this section shall be displayed for more than 30 days, and a period of 30 must lapse before displaying another sign. Signs shall not be displayed for more than 60 total days during a calendar year. 31. Every sign displayed within the city, including exempt signs, shall be maintained in good physical condition and shall comply with adopted regulations. All defective or broken parts shall be replaced. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. MISCELLANEOUS 32. Noise levels shall not exceed the decibel levels described in Section 15-2506 of the FMC at anytime, measured at the nearest subject property line. 33. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. 34. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street. Except for public street lights and stadium lights, no light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one- half foot-candle. 35. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located. Windows shall not cause glare that may disrupt adjoining properties, traffic on adjacent streets, etc. Glare or heat reflected from building materials shall be mitigated so as to not disrupt surrounding properties. 36. The address listed in the conditions of approval is the 'Official Address' given to the building. If you would like separate suite or unit numbers for a building, provide a floor plan and contact the City of Fresno Planning and Development Department for 'Official Addresses’. Only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses'. The United States Post Office will only recognize addresses assigned by the City of Fresno. If a non-official address is given to a building and or/separate suites, the City of Fresno has the authority to charge a fee and have those addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not ‘Official Addresses’. 37. All projects, including projects that involve less than one acre of property, are required to comply with the City of Fresno’s Urban Storm Water Quality Management and Discharge Control Ordinance, FMC Chapter 6, Article 7 (FMC Sections 6-701 et seq.) When a project involves one acre or more of construction activity (including, but not limited to, grading) the developer is required to obtain a stormwater discharge permit for construction, with a Notice of Intent (NOI) filed prior to commencement of any grading construction activity. Contact the Fresno office of the California Regional Water Quality Control Board at 559-445-6281 regarding the required NOI and stormwater discharge permit. Additional information on California’s construction stormwater regulation may be obtained from the Water Board via the internet: Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 14 of 17 www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml Helpful information for preparing and implementing stormwater pollution prevention plans may also be obtained from the California Stormwater Quality Association via its website, www.casqa.org When a project involves specified nonresidential activities (certain commercial and industrial activities), an ongoing industrial stormwater discharge permit is also required. Contact the Fresno office of the California Regional Water Quality Control Board at 559-445-6281 to find out whether your project/business requires an industrial stormwater discharge permit, and to obtain details on securing this permit. Additional information on industrial stormwater regulations may be obtained from the following website: www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.shtml, The California Stormwater Quality Association has additional information on preparing stormwater pollution prevention plans for industrial activities (www.casqa.org). 38. Screen all roof-mounted equipment from the view of public rights-of-way. Depict all mechanical equipment on site plan and elevations. 39. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. (Include this note on the site plan.) 40. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.) 41. If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. (Include this note on the site plan.) 42. Connection to a municipal water system is required unless approved measures are included in the project conditions of approval for an alternative water supply. 43. Connection to a municipal City of Fresno sewer system is required unless approved measures are included in the project conditions for alternative wastewater treatment facilities 44. City of Fresno water and sewer connection charge obligations applicable to this project will be computed during the building construction plan check process and shall be payable at time of issuance of building permit unless other arrangements have been approved to defer such payments to a later date. For information relating to water and sewer service requirements and connection charges, contact Frank Saburit at (559) 621-8277. 45. Open street cuts are not permitted; all utility connections must be bored. 46. CROSS-CONNECTION CONTROL. A backflow prevention device may be required on the water service. Contact the Department of Public Utilities, Water Division (559) 621-5300 for requirements relating to approved devices, locations, testing and acceptance. This requirement must be satisfied prior to final occupancy. 47. This project was reviewed by the Fire Department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 15 of 17 Department and the Building and Safety Section of the Planning and Development when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building. 48. Open storage (outside an enclosed building) shall be limited to vehicles, boats, recreational vehicles, and trailers except as may be permitted by Table 15-2013-B. Outdoor storages areas shall be screened from public view by building façades or solid fences. At the discretion of the Review Authority, the treatment of the ground surface of the open storage area may be gravel or other materials as prescribed by the San Joaquin Valley Air Pollution Control District, the Public Works Department, the Fire Department, and the Fresno Metropolitan Flood Control District. All open storage must be depicted on the site plan and described in operational statement. If it is not, it is not allowed on the site. 49. If video surveillance cameras are required or installed, provide signs under the surveillance cameras which notify the public that the subject property is monitored by video surveillance. FEES (Not all fees will be applicable to all projects) 50. NOTICE TO PROJECT APPLICANT: In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. 51. CITYWIDE DEVELOPMENT IMPACT FEES a) Traffic Signal Charge (FMC Section 12-4.1101 to 12-4.1103) This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit. b) Fire Facilities Fee (FMC Section 12-4.901 to 12-4.906) (based on building square footage, or residential units) c) Police Facilities Fee (FMC Section 12-4.801 to 12-4.806) (based on building square footage, or residential units) d) Parks Facilities Fee (FMC Section 12-4.701 to 12-4.706) (based on the number of residential units) 52. CITYWIDE REGIONAL AND NEW GROWTH MAJOR STREET IMPACT FEES (FMC Section 12- 4.1006) a) Street Impact Fees shall be due and payable at the time of building permit issuance unless otherwise required by State law. b) Street Impact Fees will be a condition on all development entitlements granted. c) New construction on vacant parcels shall be calculated on a net acreage (adjusted acre basis) of the entire property subject to the development entitlement based upon planned land use. Notwithstanding, fees shall be based upon actual land use for developments in the IH zone district and for development projects developed inconsistent with the plan land use. d) New construction on property that is partially developed, Street Impact Fees will be applied to the incremental increase proportionate to the respective floor to area ratios (25% for commercial and 40% for industrial). In no case shall anyone pay more than the amount of the total net acreage of Conditions of Approval Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 March 1, 2023 Page 16 of 17 the parcel multiplied by the applicable fee rate. e) Reuse being more intensive that the original use, the developer shall be required to pay the difference between the current amount of the Street Impact Fee obligation for the old use and the current amount of the Street impact Fee obligation for the new use. 53. FRESNO COUNTY FACILITY IMPACT FEE Fresno County adopted a Facilities Impact Fee, but the requirement to pay this fee was subsequently suspended by Fresno County. If the fee has been reinstated at the time of issuance of building permits for this project, or an alternative fee system has been adopted by Fresno County, proof of payment or payment of this fee will be required for issuance of building permits. 54. REGIONAL TRANSPORTATION MITIGATION FEE (RTMF) Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext. 200; www.fresnocog.org. Provide proof of payment or exemption prior to issuance of certificate of occupancy. 55. SCHOOL FEES School fees must be paid, if required, prior to the issuance of building permits. Contact Central Unified School District. Provide proof of payment (or no fee required) prior to the issuance of building permits. 56. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) FEES 57. SEWER CONNECTION CHARGES (FMC Section 6-304(a)). The following sewer connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New sewer connection charges adopted by the Council prior to the issuance of building permits may also be applied. a) Lateral Sewer Charge (based on property frontage to a depth of 100’) b) Oversize Sewer Charge (based on property frontage to a depth of 100’) Effective January 9, 1999, Ordinance No. 98-97 also amended certain sewer connection charges. Fresno Municipal Code Article 15, Section 12 provides property owners the incentives and deletes certain sewer connection charges pursuant to the Simple Tiered Equity Program (STEP) and the Employment Development Program (EDP). For additional information on the STEP and EDP, contact the Department of Public Utilities, Administration Division at (559) 621-8600. 58. WATER CONNECTION CHARGES: (FMC Sections 6-507 to 6-513). The following water connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New water connection charges adopted by the Council prior to issuance of building permits may also be applied. a) Frontage Charge (based on property frontage) b) Transmission Grid Main Charge (based on acreage) c) Transmission Grid Main Bond Debt Services Charge (based on acreage) d) UGM Water Supply Fee (based on living units, living unit equivalents or acreage) e) Wellhead Treatment Fee (based on living units or living unit equivalents) f) Recharge Fee (based on living units or living unit equivalents) g)1994 Bond Debt Service Charge (based on living units or living unit equivalents) h) Service Charges (based on service size required by applicant) i) Meter Charges (based on service need) 59. Deferment of the payment of Citywide development impact fees for Fire, Police, Parks, Streets, and Traffic Signals is available for projects located within the Downtown Priority Areas in accordance with the provisions of City of Fresno Resolutions Nos. 2009-265 and 2010-19. 1 Valley Health Team, Inc. Plan Amendment and Rezoning Justification July 12, 2022 Project Description/Request Approve a General Plan Amendment and rezoning changing the general plan designation for the 1.23 +/- acres (54,600 +/- sq. ft.) from the medium density residential land use designation to the General Commercial (CG) land use and zoning. An 11,664+/- sq. ft. medical clinic is proposed which is a by-right use per Section 15.l6703 of the City of Fresno Development Code. Other facts pertinent to this project are as follows: Owner: Valley Health Team, Inc. P.O. Box 737 21890 W. Colorado Ave. San Joaquin, CA 93660 Applicant: Valley Health Team, Inc. Pinedale Community Health Center. P.O. Box 737 21890 W. Colorado Ave. San Joaquin, CA 93660 Representative: Land Planner: Dirk Poeschel Land Development Services, Inc. 923 Van Ness Ave., Suite No. 200 Fresno, CA 93721 Project Architect: Bryan Pok Centerline Design, LLC 1508 Tollhouse Rd. Suite C Clovis, CA 93611 559-298-3060 ext.12 2 Area/APN: APN 303-161-48/49,50, 51, 52 & 53 1.23 +/- Acres Site Address: Existing General Plan Designation: Medium density residential Existing Zone District: Community or Specific Plan: Bullard Community Plan The proposed clinic is also an infill project as the surrounding neighborhood was developed many decades ago. Information from long time Pinedale residents indicate that the subject site has never been developed. In fact, the project is subject to City of Fresno intercity land use fee reductions. The project is also within an Infill Opportunity Zone of the City of Fresno General Plan adopted to promote and facilitate both large, catalytic reinvestment projects, as well as smaller-scale strategic interventions. Neighborhood Outreach Efforts: The applicant held a zoom outreach meeting with Pinedale residents many months ago using a mailing list provided by city staff. The neighborhood is very supportive of project. The applicant committed to working with the neighbors to assure combability particularly regarding parking and landscaping. Describe how the proposal is complementary to the surrounding neighborhood: To provide proximate health care to an undeserved area. Describe how the proposal helps implement the Fresno General Plan The project will provide health and specialized care services to an underserved area of the community and to the adjacent Pinedale Elementary school. 1. Background and Project Description Valley Health Team, Inc., has a long history of providing healthcare services in the Central Valley. In 1973, concerned citizens from Kerman, San Joaquin, and surrounding communities worked together to bring quality healthcare to this underserved region. Valley Health Team has grown steadily since then to meet the increasing healthcare needs in Fresno, Tulare, and Inyo Counties. In keeping with the applicant’s mission to provide accessible, 3 comprehensive, and quality health care in a culturally and linguistically appropriate manner regardless of patient's ability to pay, Valley Health Team has Board-certified physicians, certified physician assistants, dentists, dermatologists, optometrists, podiatrists, chiropractors, psychologists, licensed clinical social workers, health educators, case managers, and support staff who work with leadership to provide primary health care and specialty care services to deliver outcome-based care. Valley Health Team targets the indigent, uninsured, underserved, special needs population, migrant and seasonal agricultural workers, and all persons with limited access to health care including individuals at or below 200% of the Federal Poverty Level. Valley Health Team desires to construct a 11,664+/- sq. ft. health center on the following the subject property in Pinedale, a previously unincorporated community in Fresno County, CA. The location next to Pinedale Elementary School will allow the students and their parents to have great accessibility to excellent health care. The health center will meet OSHPD3 requirements and will accommodate exam, treatment, labs, x-ray, behavioral health, dental and other rooms and offices as detailed on the project floor plan prepared by Centerline Design, LLC. The health center will provide outpatient services in family medicine, internal medicine, pediatrics, perinatal care, gynecology, nutrition and health education, behavioral health, dentistry, diagnostic lab and x-ray, referral services for women, infants and children. Additionally, chiropractic and podiatry dispensing services will be offered. 2. Hours of Operation The proposed hours of operations are Monday through Friday, from 8:00 a.m. to 6:00 p.m. If demand exists, the proposed health center may offer expanded hours in the evenings to 8pm and on Saturdays. An Urgent Care component may also be provided 7 days a week from 8am to 9pm with a much reduced staff, if the demand for that service exists. 3. Employees The project is anticipated to employ approximately 40 staff members including providers and support staff at the site. 4. Customers The project will serve an estimated 5,000 unduplicated patients and provide 21,450 patient visits per year or 82 clients per day including telemedicine which will account for 25% (or 20+/- patients) of all client visits. Valley Health Team anticipates that 40-50% of patient visits will consist of visits from residents within the Pinedale community and students from Pinedale Elementary School. Please find the attached letter of support from Debra Bolls Principal Pinedale Elementary 4 School acknowledging the opportunity to provide her students excellent health care proximate to their homes and school. 5. Service Delivery Vehicles The are no service delivery vehicles. 6. Access to the site: The site has frontage on two roads Beechwood and Spruce Avenues. Both roads are in good condition. 7. Number of parking spaces for employees, customers, and service/delivery vehicles. Type of surfacing on parking area. Please see the attached site plan prepared by Centerline Design, LLC. 8. Estimated traffic See the project traffic study prepared by JLB Traffic Engineering. 9. Are any goods to be sold on-site? No goods will be sold on site. 10. What equipment is used? If appropriate, provide pictures or brochure. Typical office and medical equipment will be used. 11. What supplies or materials are used and how are they stored? Typical office and medical supplies will be used. 12. Does the use cause an unsightly appearance? Noise: Typical medical office noise Glare: Lighting will be hooded and directed to not annoy adjacent properties Dust: n/a Odor: n/a 13. List any solid or liquid waste to be produced. All solid waste will be disposed of per applicable health and safety codes. Sharps will also be disposed of in accordance with applicable regulations. 5 14. Describe proposed advertising including size, appearance, and placement. Signage will be per City of Fresno standards 15. Will existing buildings be used or will new buildings be constructed? Describe type of construction materials, height, color, etc. Provide floor plan and elevations, if appropriate The site is vacant. All improvements will be new. Please see the attached site plan prepared by Centerline Design, LLC. 16. Will any outdoor lighting or an outdoor sound amplification system be used? Describe and indicate when used. Outdoor lighting will be hooded and directed to not annoy nearby residents. No sound amplification will be used on site. 17. Landscaping or fencing proposed? Describe type and location. The site will be nicely landscaped per city standards. Please see the attached site plan prepared by Centerline Design, LLC. 18. Any other information that will provide a clear understanding of the project or operation. A major premise of the Valley Health Team business plan is to locate clinics with a wide range of medical, physical, psychological services in underserved areas such as Pinedale. The proposed location was selected due to its immediately proximity meaning literally across the street from the Pinedale Elementary School located at 7171 N. Sugar Pine Ave. Please see the attached aerial. This proximity will allow the Pinedale Elementary School children and their families to walk to the clinic substantially reducing vehicular trips. The proposed clinic is also proximate to the Pinedale Community Center located at 7170 N. San Pablo Ave. which located immediately west and functionally a part of the Pinedale Elementary School. The proposed Valley Health Team site proximity to these two community activity centers allows their clients to literally walk to the clinic. Valley Health Team has already established a protocol with Pinedale Elementary School to serve the students health care needs and by way of extension the family of the students. The facility is located within 1,000 feet of the City of Fresno bus rapid transit system BRT). The purpose of the BRT system is to facilitate accelerated bus transportation along major city job and housing corridors thereby reducing automobile travel. Empirical information developed by the city at the time of the BRT implementation hearings concluded that the BRT reduces vehicle miles traveled for users proximate to BRT shelters. Without the proposed Valley Health Team facility, Pinedale residents would have to travel outside of their community to obtain medical services. By locating the proposed Valley 6 Health Team facility within the community of Pinedale at the site proposed Pinedale residence medical, psychological, physical therapy and pharmaceutical needs can be addressed with much shorter trip lengths. In fact, as illustrated on the attached aerial, the unincorporated community of Pinedale is under 2 square miles and the community’s furthest point from the proposed health center location is only 3,294+/- feet or .62 of a mile. Therefore, based on the information provided above, a majority of project vehicle trip lengths will be unusually short. The project is within a highly mixed use area of substantial office, regional commercial and single and multifamily uses. Hundreds of acres of regional commercial uses including grocery, food, entertainment, fitness, general merchandising, home repair, etc. are proximate to the subject site. A variety of housing types exist in the Pinedale community including mobile home parks south of the subject site on Herndon Ave. This mix of uses substantially increases the likelihood that typical traffic counts overstate the net traffic generated by a use in a mixed use area. m:\current clients\valley health team 21-04\correspondence\justification-operational statement.docx CLEAN AIR/VANPOOL CLEAN AIR/VANPOOLCLEARAIR/VANPOOL/EV / / ////////RDRDRDRDOHOHOHOHOHO H O H O HOHOHOHOHOH OHOHOHW8W8W8W8W8W8W8W8W8W8W8W8W8W8W8XXXXXXXXXXXXXGGGX X X XXXXXXXXXSS10SS10SS10SS10SS10SS10SS10 SS10 SS10 SS10 SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8S S 6 S S 6 SS8SS8SS8SS8SS8SS8W WWWWWWW W W W W W W W W W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8 W8 OHOHOHOHOHOHWWW8W8W8W8W8W8W8W8W8W8W8W8W8W8W8PPSS8SS8SS8SS8GGGGGGGGGG GGGG G PPSSSSSSSSSSSSOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHGGGGGGGGGGGGGGGTTTTT TTTTTTTT626 -00 3 76 " x 32 " 626 - 003 76 "x 32 "626-00376"x32"626 - 003 76 "x 32 " 626- 0 0 376"x 3 2 " 626- 0 0 376"x 3 2 "626-00376"x32"626-00376"x32"626-00376"x32"626-00376"x32"626 -00 3 76 " x 32 "626-00376"x32"TTTTTTTTTTTTTTTTTTTTTTTTTTT 626-00376"x32"FDW. FIRN. SUGAR PINE AVE.W. BEECHWOOD AVE.CLEARAIR/VANPOOL/EVCLEARAIR/VANPOOL/EV CLEARAIR/VANPOOL/EV ADJACENTPROPERTYN.I.C.(ZONE RS-5)ADJACENTPROPERTYN.I.C.(ZONE RS-5)PROPOSED SITE PLANA-0.1P R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560 PROJECT DATAGENERAL DATA:BUILDING DATA:PROPOSED PARKING DATA:NEW PARKING PROVIDED:BUILDING SQUARE FOOTAGE TO PARKING RATIO:VICINITY MAPNSOLAR ZONE CALCULATIONKEYED NOTES W8W8W8W8W8W8W8W8W8OHOHOHOHOHOHOHOHOHPROPOSED ENLARGED SITE PLAN AND DETAILSA-0.2P R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560Accessible Stall SignageScale: 1/2" = 1'-0"VANACCESSIBLEMINIMUMFINE $250PARKINGONLYAccessibility SymbolINTERNATIONAL SYMBOL OF ACCESSIBILITYScale: 3/4" = 1'-0"632UNAUTHORIZED VEHICLESPARKED IN DESIGNATEDACCESSIBLE SPACES NOTDISPLAYING DISTINGUISHINGPLACARDS OR SPECIAL LICENSEPLATES ISSUED FOR PERSONSWITH DISABILITIES WILL BETOWED AWAY AT THE OWNER'SEXPENSE. TOWED VEHICLESMAY BE RECLAIMED AT FRESNOPOLICE DEPARTMENT, 2323MARIPOSA STREET OR BYTELEPHONING 559-621-7000.Site Entrance SignageScale: 1/2" = 1'-0" KEYED NOTESConcrete at AC Paving TransitionN.T.S.Truncated DomesCHANGE IN ELEVATIONSECTION A-A TYPICALScale: 6" = 1'-0"4Bicycle RackScale: 1 1/2" = 1'-0"8Concrete Flatwork at Concrete PavingN.T.S.TransitionTroweled Joint / Expansion JointScale: 1 1/2" = 1'-0"Concrete Flatwork EdgeScale: 1" = 1'-0"791113121Scale: 1/4" = 1'-0"Enlarged Proposed Site PlanConcrete Filled BollardScale: 1" = 1'-0"5Trash Enclosure (Elevations & Section)Scale: 1/4" = 1'-0"ELEVATIONELEVATIONELEVATIONELEVATIONSECTION10Scale: 1/4" = 1'-0"City of Fresno Trash Enclosure StandardSolar Structure Section DetailScale: 3/16" = 1'-0"14TRASH ENCLOSUREScale: 3/32" = 1'-0"15NOT USEDNO T U S E DNOT USEDNO T U S E DNOT USEDNOT USED NORTH ELEVATIONHGBFEDBAEAST ELEVATION1234000SOUTH ELEVATIONABCDEHGF000WEST ELEVATION4321P R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560EXTERIOR ELEVATIONSREFERENCE PLANKEYED NOTESCOLOR / MATERIAL LEGENDMATERIALFINISHCOLORA-3.0 TTT TTTTTTTTTT626-00376"x32 "626-00376"x32 "626-00376"x32"626-00376"x32 " 626- 0 0 376"x 3 2 " 626- 0 0 376"x 3 2"626-00376"x32"626-00376"x32"626-00376"x32"626-00376"x32"626-00376"x32 "626-00376"x32"ABDHG314E2FCABCDEHGF3142TTTTTTTTTTTTTTTTTTTTTTT TTTT626-00376"x32"WAITING RECEPTIONEXAM #1EXAM #2EXAM #3EXAM #4EXAM #5EXAM #6EXAM #7EXAM #8EXAM #9EXAM #10EXAM #11EXAM #12MED VITALSELECTRICALROOMPROVIDERS/NURSES HUBTREATMENT ROOMSOILED WORK ROOMPUBLICRESTROOMHEALTH ED./CPSPCLINIC MANAGERWITH CCTVBEHAVIORALHEALTHBEHAVIORALHEALTHVHT LABPATIENT RESTROOMEXTERNAL LABCASE MANAGERSTAFF RESTROOMSTAFF RESTROOM WASTE HOLDINGROOMDENTALEQUIPMENT/JANITORBREAK ROOMPATIENT RESTROOMPANO ROOMDENTALVITALSPROVIDERS OFFICESTERILE/LABOPENOPERATORYPRIVATEOPERATORYX-RAYNURSES OFFICEIT ROOMCONSULTATION ROOM/PCMH CONFERENCE ROOMHALLWAYHALLWAYHALLWAYHALLWAYHALLWAYHALLWAYHALLWAYPUBLICRESTROOMSUB-WAITINGCHIROADMIN STORAGE SUB-WAITINGLACTATION ROOMMED. STRG. LOCKERS PRIVATEOPERATORYELIGIBILITY/INTAKECLEAN ROOMPROPOSED FLOOR PLANA-1.0NP R O J E C T P L A N N I N G - D E S I G N - C O N S U L T I N GC u r r e n t R e l e a s e D a t eP l a n n i n g S u b m i t t a lP l a n C h e c k S u b m i t t a lS T A T U SR E V I S I O N SS c a l eP r o j e c t C o o r d i n a t o rP r o j e c t N o .S h e e tI D E N T I F I C A T I O N1 5 0 8 T O L L H O U S E R O A D , S U I T E ' C 'C L O V I S , C A L I F O R N I A 9 3 6 1 15 5 9 - 2 9 8 - 3 0 6 0 ( O F F I C E )5 5 9 - 2 9 8 - 3 2 6 7 ( F A X )APN'S: 303-161-48 THROUGH 53 INTERSECTION OF W. BEECHWOOD AVE. & N. SUGAR PINE AVE. PROPOSED DEVELOPMENT FOR: VALLEY HEALTH TEAM FRESNO, CALIFORNIA 93560 CLEAN AIR/VANPOOLCLEAN AIR/VANPOOLCLEARAIR/VANPOOL/EV//////// RD RD RD OHOHOHOHOHOHOHOHOHOHW8W8W8W8W8W8W8W8W8W8W8X X X X X X X X X X SS10 SS10 SS10 SS10 SS10SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8SS8WWWWWWWW8W8W8W8W8W8W8W8W8W8W8 W8 OH OH OH OH WW8 W8 W8 W8 W8 W8 W8 W8 W8 W8PP SS8 SS8 SS8 GGSSSSSSSSSST T T T T T T T T TTTTTT TG G G G G G G G G G G G CLEARAIR/VANPOOL/EVCLEARAIR/VANPOOL/EVCLEARAIR/VANPOOL/EVN. SUGAR PINE AVENUEW. BEECHWOOD AVENUE W. FIR AVENUE REFERENCE NOTES SCHEDULE PLANT SCHEDULE project no. scale: sheet title: sheet no. submittal:date: checked by:drawn by: project: client: No. 1 No. 2 No. 3 No. 4 22-01-010 1"=20'-0" XX/XX/XXXX XX/XX/XXXX 04/13/2022 02/25/2022 PBKJ 559.908.8297 San Joaquin, Ca. 93660 21890 Colorado Ave. Valley Health Team, Inc. Fresno, CA 93560 W. Beechwood Ave. N. Sugar Pine Ave. MEDICAL DENTAL OFFICES AT: LANDSCAPE SITE PLAN LSP-1 NORTH 0 SCALE: feet204060 1" = 20' Page 1 of 6 10/13/2022 P22-00505 FIR 49 W.doc SUBJECT: Conditions of Approval for P22-00505 DATE: October 13, 2022 TO: Enrique Aponte, Planner II Planning and Development Department FROM: Andreina Aguilar, Engineer II Public Works Department, Traffic Planning Section ADDRESS: 49 West Fir Avenue APN: 303-161-48, -49, -50, -51, -52, -53 ATTENTION: The items below require a separate process with additional fees and timelines, in addition to the development permit process. Submit the following items early to avoid delaying approval of building permits. Final approval of the site plan is contingent on receipt of all items checked below. To be completed: Point of Contact Department and Contact Information Cross Access Agreement Contact your planner regarding Cross Access Agreement requirements. (or process a Voluntary Parcel Merger) Enrique Aponte Planning and Development Department (559) 621-8046 Enrique.Aponte@fresno.gov Deeds (up to 2-month processing time) Deeds are required to provide easements to the City for required public improvements. They shall be prepared by the owner / developer’s engineer. Contact Jeff Beck for fees and processing requirements. Provide a copy of the recorded dedications to Traffic Planning prior to the issuance of building permits. https://www.fresno.gov/publicworks/engineering- services/#tab-5 Jason Camit Public Works Department (559) 621-8681 Jason.Camit@fresno.gov Page 2 of 6 10/13/2022 P22-00505 FIR 49 W.doc ATTENTION: Provide corrections as noted on Exhibit “A-1”. Prior to resubmitting the corrected exhibit, provide the following information and conditions of approval on the site plan: A. GENERAL REQUIREMENTS 1. Address: Verify the project address with the Planning and Development Department. 2. Assessor’s Parcel Number (APN): Provide all APNs. 3. Property Lines: Identify and dimension existing property lines. 4. Legal description: Provide legal description. 5. Easements: Identify and dimension proposed pedestrian easements 6. North Arrow: Provide a north arrow. 7. Vicinity Map: Provide 4 major streets (1/2 square mile) with a north arrow. 8. Required Notes: Revise General Notes to include the required Public Works Department notes. a. Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice land surveying in the State of California. b. Repair all damaged and/or off-grade concrete street improvements as determined by the Construction Management Engineer, prior to occupancy. c. Two working days before commencing excavation operations within the street right-of way and/or utility easements, all existing underground facilities shall have been located by UNDERGROUND SERVICES ALERT (USA). CALL 1-800-642- 2444 d. The performance of any work within the public street right-of-way requires a street work permit prior to commencement of work. All required street improvements must be completed and accepted by the City prior to occupancy. https://www.fresno.gov/publicworks/traffic-engineering/#tab-6 e. Deeds are required to provide easements to the city for required public improvements. They shall be prepared by the owner / developer’s engineer. Executed copies shall be submitted to the city with verification of ownership prior to the issuance of building permits. f. All existing driveway approaches which no longer provide access to approved vehicle parking areas shall be removed unless otherwise approved by the City Engineer. Such areas shall be reconstructed with curb, gutter, and sidewalk to match existing adjacent street improvements. This work shall be completed and accepted before a Permit of Occupancy is issued or the building is occupied per FMC 13-211. g. Underground all existing overhead utilities within the limits of this application as per Fresno Municipal Code Section 15-2017 and Public Works Policy No. 260.01. h. Submit street lighting plans to the Public Works Department. https://www.fresno.gov/publicworks/traffic-engineering/#tab-4 i. Provide a 4' minimum path of travel along the public sidewalk directly in front of Page 3 of 6 10/13/2022 P22-00505 FIR 49 W.doc property, to meet current accessibility regulations. A pedestrian easement may be required if requirements are not met. j. Contact the Public Works Department, Traffic Engineering at 559-621-8800, 10 working days prior to any offsite concrete construction. k. All existing sidewalks in excess of 2% maximum cross slope must be brought into compliance prior to acceptance by Public Works. l. All development shall take place in accordance with all city laws and regulations. B. OFFSITE INFORMATION: 1. Accessibility: Identify and dimension the required 4’ minimum path of travel along the public sidewalk adjacent to the property. Provide pinch point dimensions. A pedestrian easement may be required if Title 24 requirements cannot be met. C. ONSITE INFORMATION: 1. Parking lot: No parking permitted within 20’ from the right-of-way line. PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, on which this review process is dependent, will be imposed whenever such conditions are disclosed. Construct additional offsite improvements, including but not limited to, concrete curb, gutter, sidewalk, approaches, ramps, pavement, utility relocations, etc. in accordance with City of Fresno’s Public Works Standards, Specifications, and the approved street plans. Repair all damaged and/or off grade off-site concrete street improvements as determined by the City of Fresno Public Works Department, Construction Management Division, (559) 621-5600. Pedestrian paths of travel must also meet current accessibility regulations. All existing sidewalks and trails in excess of 2% maximum cross slope must be brought into compliance prior to acceptance by Public Works. Underground all existing overhead utilities within the limits of this site/map as per Fresno Municipal Code Section 15-2017 and Public Works Policy No. 260.01. The construction of any private overhead, surface or sub-surface structures, and appurtenances in the public right of way is prohibited unless an Encroachment Covenant is approved by the City of Fresno Public Works Department, Traffic and Engineering Services Division, (559) 621-8693. Encroachment Covenant must be approved prior to issuance of building permits. Page 4 of 6 10/13/2022 P22-00505 FIR 49 W.doc Fir Avenue: Local (Provide the following as notes on the site plan.) 1. Dedication Requirements: a. Dedicate a pedestrian easement for the corner cut at the intersection of Fir and Sugar Pine Avenue. 2. Construction Requirements: a. Remove existing driveway approaches not identified for as noted on Exhibit “A-1”, and install sidewalk, curb, gutter and paving per City of Fresno Public Works Standards P-5 and P-48 to match existing or proposed street improvement line and grade per Fresno Municipal Code (FMC) 13-211. b. Construct concrete curb, gutter, and sidewalk to Public Works Standard P-5. Construct a 5.5’ commercial sidewalk. c. Planting and Irrigation of street trees shall conform to the minimum spacing, guidelines, and requirements as stated in the Standard Specification, Section 26-2.11(C) and AB1881. d. Modify or replace the existing ramp to meet current Public Works Standards, as determined by the Construction Management engineer PRIOR to occupancy. Sugar Pine Avenue: Local (Provide the following as notes on the site plan.) 1. Construction Requirements: a. Construct a driveway approach to Public Works Standards P-4 and P-6, as approved on the site plan. Construct permanent paving as needed per Public Works Standard P-48. Construct a concrete pedestrian walkway behind all driveway approaches as identified on Exhibit “A-1”. b. Planting and Irrigation of street trees shall conform to the minimum spacing, guidelines, and requirements as stated in the Standard Specification, Section 26-2.11(C) and AB1881. c. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this application. Spacing and design shall conform to Public Works Standard E-9A for Locals d. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B. Beechwood Avenue: Local (Provide the following as notes on the site plan.) 1. Dedication Requirements: a. Dedicate a pedestrian easement for the corner cut at the intersection of Beechwood and Sugar Pine Avenue. b. Dedicate a pedestrian easement to accommodate the accessible 4’ clear path of travel behind the drive approach. 2. Construction Requirements: Page 5 of 6 10/13/2022 P22-00505 FIR 49 W.doc a. Remove existing driveway approaches not identified for utilization as noted on Exhibit “A-1”, and install sidewalk, curb, gutter and paving per City of Fresno Public Works Standards P-5 and P-48 to match existing or proposed street improvement line and grade per Fresno Municipal Code (FMC) 13-211. b. Construct a driveway approach to Public Works Standards P-4 and P-6, as approved on the site plan. Construct permanent paving as needed per Public Works Standard P-48. Construct a concrete pedestrian walkway behind all driveway approaches as identified on Exhibit “A-1”. c. Planting and Irrigation of street trees shall conform to the minimum spacing, guidelines, and requirements as stated in the Standard Specification, Section 26-2.11(C) and AB1881. d. Modify or replace the existing ramp to meet current Public Works Standards, as determined by the Construction Management engineer PRIOR to occupancy. e. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B. Public Improvement Plans are required and shall be approved by the City Engineer. Contact Scott Tyler at (559) 621-8654 or at Scott.Tyler@fresno.gov and submit Public Improvement Plans for all required work, in a single package, to Engineering Services Division. Dedications shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed for Collectors and 55 MPH for Arterials. Utility poles, streetlights, signals, etc. shall be relocated as determined by the City Engineer. The performance of any work within the public right of way and/or easements (including street, bike, pedestrian, landscape, and utility easements) requires a Street Work Permit prior to commencement of work. Contact Public Works Department at (559) 621-8800, 10 working days prior to construction of any improvements in the public right-of-way and/or easements. All improvements shall be constructed in accordance with the City of Fresno, Public Works Department Standard Drawings and Specifications. Traffic Control Plans shall be required to ensure the sidewalk, or an approved accessible path remains open during construction. Contact Melessa Avakian at (559) 621-8812 or at Melessa.Avakian@fresno.gov and submit Traffic Control Plans to the Traffic Operations and Planning Division. All work shall be reviewed, approved, completed, and accepted prior to obtaining a certificate of occupancy. Two working days before commencing excavation operations within the street right of way and/or utility easements, all existing underground facilities shall have been located by Underground Services Alert (USA) Call 811. Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice Land Surveying in the State of California. PRIVATE IMPROVEMENT REQUIREMENTS Off-Street Parking Facilities and Geometrics: Contact the Planning and Development Department for review and approval of onsite parking. The parking lot is required to meet the City of Fresno’s Parking Manual, Public Page 6 of 6 10/13/2022 P22-00505 FIR 49 W.doc Works Standards (P-21, P-22, and P-23) and Specifications. Parking must also comply with the California Building Code’s accessibility requirements and the Fire and Solid Waste Department’s minimum turning templates. Traffic Signal Mitigation Impact (TSMI) Fee: This project shall pay all applicable TSMI Fees at the time of building permit. Contact the Public Works Department, Frank Saburit at (559)621-8797. The fees are based on the Master fee schedule. Fresno Major Street Impact (FMSI) Fees: This entitlement is in the New Growth Area; therefore pay all applicable growth area fees and citywide regional street impact fees. Contact the Public Works Department, Frank Saburit at (559) 621-8797. Regional Transportation Mitigation Fee (RTMF): Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148 ext. 200; www.fresnocog.org. Provide proof of payment or exemption prior to issuance of certificate of occupancy. In order to obtain street or building permit approval from the Public Works Department, an approval stamp with a signature from Traffic Planning is required on the site plan and inserted in the building sets. Questions relative to these conditions may be directed to Andreina Aguilar (559) 621- 8674 Andreina.Aguilar@fresno.gov the Public Works Department, Traffic Planning Section. Page 1 of 3 PUBLIC WORKS DEPARTMENT City Hall Scott L. Mozier, P.E. 2600 Fresno Street, 4th Floor Public Works Director Fresno, California 93721 Ph. (559) 621-8800 www.fresno.gov February 23, 2023 Enrique Aponte, Planner II Planning and Development Department 2600 Fresno Street, 3rd Floor Fresno, CA 93721 SUBJECT: REVIEW OF THE TRAFFIC GENERATION ANALYSIS (TGA) DATED APRIL 8, 2022 FOR THE PROPOSED MEDICAL CLINIC LOCATED ON THE NORTHWEST QUADRANT OF BLACKSTONE AVENUE AND HERNDON AVENUE. TIS 23-004, P22-00505/P22-00507 PROJECT OVERVIEW Traffic Operations and Planning staff has reviewed the Traffic Generation Analysis (TGA) prepared by JLB Traffic Engineering, Inc. for the proposed medical clinic, “project”, which plans to construct up to 39,220 square feet of medical office build space on the northwest quadrant of Blackstone Avenue and Herndon Avenue. The TGA proposes a General Plan Amendment to modify the land use from Medium Density Residential to Commer cial General. The approximately 1.23 acre site is currently vacant. Vehicle trips projected to be generated by the project were calculated using the ITE Trip Generation Manual, 10th Edition. The following tables include the daily (ADT), AM and PM peak hour trips projected to be generated by the current General Plan land use (Table 1), the Amended General Plan land use (Table 2), and the Difference in Trip Generation (Table 3) as shown in the TGA: Table 1 – Existing Trip Generation Land Use Size Weekday ADT AM Peak Hour PM Peak Hour In Out Total In Out Total Single-Family Detached Housing (ITE Code 210) 11 d.u. 104 2 6 8 7 4 11 d.u. = dwelling unit Page 2 of 3 Table 2 – Proposed Trip Generation Land Use Size Weekday ADT AM Peak Hour PM Peak Hour In Out Total In Out Total Medical-Dental Office Building (ITE Code 720) 11.664 k.s.f 406 25 7 32 11 29 40 k.s.f. = thousand square feet Table 3 – Difference in Trip Generation Land Use Weekday ADT AM Peak Hour PM Peak Hour In Out Total In Out Total Existing Land Use 104 2 6 8 7 4 11 Proposed Land Use 406 25 7 32 11 29 40 Difference 302 23 1 24 4 25 29 Transportation impact criteria are tiered base d on a project’s location. Four (4) Traffic Impact Zones (TIZ) have been identified in the General Plan. Each TIZ has specific criteria to be used in determining the level of analysis required for a project. The proposed project is located in Traffic Impact Zone (TIZ) III. This TIZ requires a traffic impact study if a project is projected to generate more than 100 trips during a peak hour. Based on the analyses included in the TGA the difference in the trips between the existing land use and proposed land use is 24 (AM) and 29 (PM) peak hour trips. If the General Plan Amendment is approved, no further traffic analysis will be required. The TGA submitted for this project is sufficient for the project as proposed. GENERAL COMMENTS and CONDITIONS 1. This project shall pay its Traffic Signal Mitigation Impac t (TSMI) Fee per the Master Fee Schedule at the time of building permit. The TSMI fee facilitates project impact mitigation to the City of Fresno Traffic Signal infrastructure so that costs are applied to each new project/building based on the generated ADT. The TSMI fee is credited against traffic signal installation/modifications and/or Intelligent Transportation System (ITS) improvements (constructed at their ultimate location) that plan to build out the General Plan circulation element and are include d in the Nexus Study for the TSMI fee. If the project is conditioned with traffic signal improvements in excess of their TSMI fee amount, the applicant may apply for fee credits (security/bonding and/or developer agreement required) and/or reimbursement fo r work in excess of their fee as long as the infrastructure is in place at the ultimate location. The applicant should work with the Public Works Department to identify, with a Professional Engineers estimate, the costs associated with the improvements pri or to paying the TSMI fee to determine any applicable fee credits and/or reimbursements. Page 3 of 3 For project specific impacts that are not consistent with the General Plan, Public Works Standards, and/or are not incorporated into the TSMI fees, the infrastructure costs will not be eligible for reimbursement. Failure to pay the TSMI fee or construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. 2. This project shall pay its Fresno Major Street Impact (FMSI) Fee, which will be determined at time of building permit. This FMSI fee is creditable towards major street roadway improvements included in the nexus study for the FMSI fee. 3. The project shall pay the Regional Transportation Mitigation Fee (RTMF). Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext. 200; www.fresnocog.org. Provide proof of payment or exemption, based on vesting rights, prior to issuance of building permits . 4. The proposed project shall pay the $220 Traffic Impact Study review fee for review of the document. Proof of payment shall be provided to the Traffic & Engineering Services Division. 5. The proposed project shall make necessary improvements and right-of-way and public easement dedications along adjacent public street(s) and within the site boundaries per City of Fresno standards/requirements. 6. The proposed site plan shall be reviewed and approved by the City of Fresno Traffic & Engineering Services Division, Traffic Planning Section. If you have any further questions regarding this matter, please contact me at (559) 6 21-8694 or harmanjit.dhaliwal@fresno.gov . Sincerely, Harmanjit Dhaliwal, PE Supervising Professional Engineer Public Works Department, Traffic Operations & Planning Division C: Copy filed with Traffic Impact Study Louise Gilio, Public Works, Traffic Planning Supervisor Jill Gormley, Public Works, Traffic Operations & Planning Manager Andrew Benelli, Public Works, Assistant Director PROJECT NO: APN: ADDRESS: SENT: 2022-00505 W. SIDE OF SUGARPINE AVE. BTWN. FIR AVE & BEECHWOOD AVE. 303-161-50, 51, 53, 48, 49, 303-161-52 October 04, 2022 PUBLIC AGENCY ENRIQUE APONTE PLANNING & DEVELOPMENT DEPARTMENT CITY OF FRESNO 2600 FRESNO STREET FRESNO, CA 93721-3604 DEVELOPER ROGER HURTADO, CENTERLINE DESIGN, LLC 1508 TOLLHOUSE ROAD, SUITE C CLOVIS, CA 93611 Drainage Area(s)Preliminary Fee(s) CO2 $7,156.00 Development Review Service Charge(s)Fee(s) NOR Review $50.00 To be paid prior to release of District comments to Public Agency and Developer. Grading Plan Review $247.00 Amount to be submitted with first grading plan submittal. Total Drainage Fee: $7,156.00 Total Service Charge: $297.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. Pursuant to the District’s Development Review Fee Policy, the subject project shall pay review fees for issuance of this Notice of Requirements (NOR) and any plan submittals requiring the District’s reviews. The NOR fee shall be paid to the District by Developer before the Notice of Requirement will be submitted to the City. The Grading Plan fee shall be paid upon first submittal. The Storm Drain Plan fee shall be paid prior to return/pick up of first submittal. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid through 2/28/23 based on the site plan submitted to the District on 9/15/22 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a.)Fees related to undeveloped or phased portions of the project may be deferrable. b.) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c.)Creditable storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d.)The actual cost incurred in constructing Creditable drainage system facilities is credited against the drainage fee obligation. e.)When the actual costs incurred in constructing Creditable facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. f.) Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the General Manager of the District within 60 days from payment of the fee. A non refundable $300 Administration fee or 5% of the refund whichever is less will be retained without fee credit. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS File No. 210.412 Page 1 of 4 Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a.Drainage from the site shall BE DIRECTED TO FIR AVENUE, SUGAR PINE AVENUE, AND/OR BEECHWOOD AVENUE. b.Grading and drainage patterns shall be as identified on Exhibit No. c.The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2.The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as X None required. 3.The following final improvement plans and information shall be submitted to the District for review prior to final development approval: X Grading Plan Street Plan Storm Drain Plan Water & Sewer Plan Final Map X Drainage Report (to be submitted with tentative map) Other None Required 4.Availability of drainage facilities: X a.Permanent drainage service is available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet(s). b.The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. c.Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. d.See Exhibit No. 2. 5.The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 7.The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a.State General Permit for Storm Water Discharges Associated with Construction Activities, effective July 1, 2010, as amended. A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre) if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent and Permit Registration Documents to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. b.State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 2014 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. c.The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 8.A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9.The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. Debbie Campbell Anthony Zaragoza Design Engineer, RCE Engineer III Digitally signed by Debbie Campbell Date: 10/4/2022 8:57:02 AM Digitally signed by Anthony Zaragoza Date: 9/21/2022 3:45:15 PM 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 CC: JEFFREY LAWSON, VALLEY HEALTH TEAM, INC. 21890 W. COLORADO AVE. SAN JOAQUIN, CA 93660 RONALD & SHARI ASADOOR 407 E. NILES FRESNO, CA 93720 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 The District’s existing Master Plan drainage system is designed to serve medium density residential uses and the existing Master Plan storm drainage facilities do not have capacity to serve the proposed commercial land use. The developer shall be required to mitigate the impacts of the increased runoff from the proposed commercial land use to a rate that would be expected if developed to medium density residential. The developer may either make improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the developer choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a commercial development, to a two-year discharge, which would be produced by the property if developed medium density residential. Implementation of the mitigation measures may be deferred until the time of development. In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain system. The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff. Development No.FR DPA No. 2022-00505 OTHER REQUIREMENTS EXHIBIT NO. 2 CITY OF FRESNO DEVELOPMENT AND IMPACT FEE ESTIMATE Proposed Development: A.P.N. Planned Land Use: Current Zoning: Proposed Zoning: Site Area: Building Area: Entitlement: Estimate Date: WATER CONNECTION CHARGES Water provided by Pinedale County Water District SEWER CONNECTION CHARGES Sewer provided by Pinedale County Water District CITYWIDE/REGIONAL IMPACT FEES Service Area Quantity Units Fee Rate Amount Due Notes Citywide Fire Facilities Impact Fee Comm. Office 11,664 Sq.Ft.$688.00 $8,024.83 [7] Citywide Police Facilities Impact Fee Comm. Office 11,664 Sq.Ft.$844.00 $9,844.42 [7] Citywide Regional Street Charge Comm. Office 1.23 AC $16,517.00 $20,315.91 [6] New Growth Area Major Street Charge Comm. Office 1.23 AC $47,189.00 $58,042.47 [6] Citywide Traffic Signal Charge Medical Clinic 11,664 Sq.Ft.$3,081.00 $35,936.78 [6] Total Citywide/Regional Impact Fees $132,164.41 Total Fees and Charges $132,164.41 Medical Clinic - 49 W. Fir Avenue The following estimates are based on preliminary conceptual information. The exact fee obligation will be computed at the time of development by Public Works Department, Land Division & Engineering. The fee rates in effect at the time of development shall apply. Medium Density Residential September 20, 2022 303-160-48, 49, 50, 51, 52, 53 CG +/- 1.23 acres RS-5 +/- 11,664 sq. ft. P22-00505 See notes on page 2 Printed 9/20/2022 Page 1 CITY OF FRESNO DEVELOPMENT AND IMPACT FEE ESTIMATE NOTES: [6] Due at Building Permit [7] Due with Certificate of Occupancy [9] Parks fee applicable only to residential developments Prepared and Reviewed By: Frank Saburit Date: September 20, 2022 (559) 621-8797 City of Fresno Public Works Department Land Division & Engineering [5] The Trunk Sewer Charge is applicable to single family, duplex, and triplex developments. (FMC 6-302(i)); For Condominium conversions, Trunk Sewer Charges may stay in the S.T.E.P. if the project continues to be master metered for water. If the condominiums are individually metered, the developer will pay the pro-rated portion of these fees. [10] Fee not applicable on replacement or reconstruction of an existing structure that has been destroyed or demolished provided that the Building Permit for new construction is obtained within one year after the building is destroyed or demolished, and there is no change in the land use designation. (Res. Nos. 2005-428, 429) [11] Subject to the acceptance date of the vesting tentative map, fee may not be applicable until 2-years after the date of Final Map recordation; when applicable, fee is due at Building Permit for all un-developed lots at the fee rate then in effect. [8] Construction Fee Credits may be applicable. Contact the Public Works Engineering Services Division at (559) 621-8685 for more information. [3] Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the City of Fresno Department of Finance, Utilities Billing & Collection Division (559- 621-6765). [4] The Wastewater Facilities Charge (WWFC) is applicable to single family, duplex, and triplex developments. (FMC 6-302(i)); For Condominium conversions, WWFC may stay in the S.T.E.P. if the project continues to be master metered for water. If the condominiums are individually metered, the developer will pay the pro-rated portion of these fees. [2] Sewer House branches to be installed by Developer at the Developer's cost. Outside agencies developer impact fees: It is the developer's responsibility to contact those agencies for their fee estimates. These agencies include but are not limited to; Fresno County, Council of Fresno County Governments (FCOG), Fresno Metropolitan Flood Control District (FMFCD), various School Districts that serve the City of Fresno, etc. Within the City of Fresno's sphere of influence there are other sewer and water utility providers. If the project is within one of those districts, the developer must provide confirmation from the representitive Districts that all conditions for sewer and/or water connections and services have been satisfied, prior to issuance of a Building Permit. [1] Fees for Water Service Connections and/or Meters, and Water Capacity due at time of development. Charges based on service and/or meter sizes, (Rates as established by the Master Fee Schedule), determined by the Developer. NOTICE OF 90-DAY PROTEST PERIOD (GOVERNMENT CODE §66020(d)(1)) A protest filed pursuant to subdivision and/or development (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. ● The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009-01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Please contact the Council of Fresno County Governments (FCOG) at (559) 233-4148 to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue the Certificate of Occupancy. ●On December 8,2016,Fresno City Council adopted Resolution No.2016-258,effective July 1,2018,administratively updating the impact fees adjusted by this resolution annually to the percentage change in the 20-City Construction Cost Index as reported in the Engineering News Record (ENR) for the 12-month period ending of May of the year of adjustment. ●Payment of Fresno Metropolitan Flood Control District (FMFCD)impact fees may be required.Please contact FMFCD at (559)456- 3292 to determine fee obligation. ●Payment of applicable school district fees is required prior to issuance of Building Permit.Please contact the respective school district to satisfy your fee obligation.Confirmation by the respective school district is required before the City of Fresno can issue building permits See notes on page 2 Printed 9/20/2022 Page 2 DEPARTMENT OF PUBLIC UTILITIES MEMORANDUM DATE: November 3, 2022 TO: MINDI MARIBOHO, Development Services Coordinator Planning & Development Department – Current Planning FROM: DEJAN PAVIC, PE, Projects Administrator Department of Public Utilities – Utilities Planning & Engineering SUBJECT: DPU CONDITIONS OF APPROVAL FOR P22-00505 MEDICAL CLINIC APNs 303-161-48 THROUGH 53 General Requirements Water Service Requirements The Project is located within the Pinedale County Water District service area, and it is anticipated that Pinedale County Water District will provide water services (potable water and fire protection) to the proposed development. The applicant shall contact the Pinedale County Water District for water service conditions and/or restrictions. Sewer Service Requirements The Project is located within the Pinedale County Water District service area, and it is anticipated that Pinedale County Water District will provide sewer service to the proposed development. The applicant shall contact the Pinedale County Water District for sewer service conditions and/or restrictions. Solid Waste Requirements: The following Solid Waste Requirements for the purpose of establishing City solid waste service policies for office/commercial space. These service requirements apply to all office complexes within the City of Fresno. 1. This location is serviced by a Commercial Solid Waste Franchisee. For service information, please contact Allied Waste at (559) 275-1551 or (800)- 493-4285. 2. All trash bins provided to office complexes must be serviced with a frequency of at least once per week. 3. All office complexes are required to subscribe for recycling services, per FMC 9- 405.1. Recycling services may be provided by the City of Fresno or any private recycling service provider. Recycling services must include, at the minimum, DPU CONDTITIONS OF APPROVAL FOR P22-00505 MEDICAL CLINIC APNs 303-161-48 THROUGH 53 November 3, 2022 Page 2 of 2 cardboard, newspaper, paper, glass, plastics, beverage containers, and metal recycling. 4. All trash and recyclable material must be placed in approved containers, per FMC 9-404. At no time may trash and recyclable material be placed on the ground or pavement. 5. Bin enclosures, if provided on site, must be used exclusively for the storage of trash and recycling bins, per The Public Works Standard Specifications P-33 and P-34. 6. This location will require 1 (one) 2-cell trash enclosure, designed to accommodate separate facilities containing 2 (two) – 4-cu. yd. bins, one for trash and one for recycling collection to be constructed to current (Public Works Standard Specifications) Solid Waste Standards (P-33, P-34, and P-95) to be serviced weekly. 7. Service Route Permits and Location Permits are required for all private trash company services within the City of Fresno per FMC 9-408. All private company trash service arrangements must be pre-approved through Solid Waste Management Division. 8. Developer will need to provide a 44-foot (centerline) turning radius at all corners and a T-turnaround (or hammerhead) area where the solid waste vehicle is to turn around. 9. Americans with Disability Act (ADA) requirement for office complexes (developments): Developer shall install (construct) a trash enclosure(s) for the Project that complies with the City’s ADA requirements as defined in the City’s Standard Drawings, Details and Specifications. The certificate of occupancy for the Project shall be withheld until developer installs (constructs) the trash enclosure(s) in accordance with the City’s ADA requirements. Plan Review Team Land Management PGEPlanReview@pge.com Pacific Gas and Electric Company P.O. Box 0000 City, State, Zip Code PG&E Gas and Electric Facilities Page 1 Public October 11, 2022 Re: P22-00505 49 W Fir Avenue, Fresno, CA 93650 Dear City of Fresno: Thank you for giving us the opportunity to review the subject plans. The proposed P22-00505 is within the same vicinity of PG&E’s existing facilities that impact this property. The proposed P22-00505 will require the relocation of existing PG&E gas and electric service. The applicant may contact the below resources to relocate existing services and to apply to for new service. Please contact the Building and Renovation Center (BRSC) for facility map requests by calling 1-877-743-7782 and PG&E’s Service Planning department at www.pge.com/cco for any modification or relocation requests, or for any additional services you may require. As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site. If you have any questions regarding our response, please contact me at Justin.Newell@pge.com. Sincerely, Justin Newell Land Management 916-594-4068 September 30, 2022 Enrique Aponte City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA, 93721 Project: P22-00505, Valley Health Team, Inc. - Pinedale District CEQA Reference No: 20221286 Dear Mr. Aponte: The San Joaquin Valley Air Pollution Control District (District) has reviewed the Development Permit (DP) from the City of Fresno (City) for the Valley Health Team, Inc. Pinedale project. Per the DP, the project consists of a General Plan Amendment and a Rezone to allow for the construction of an approximately 11,664 square foot medical clinic (Project). The Project is located on North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenue, in Fresno, CA 93650. The District offers the following comments regarding the Project: Project Related Emissions At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8 -hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8 -hour ozone, PM10, PM2.5 standards. Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI): https://www.valleyair.org/transportation/GAMAQI.pdf. San Joaquin Valley Air Pollution Control District Page 2 of 7 District Reference No: 20221286 September 30, 2022 Construction Emissions The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment. Health Risk Screening/Assessment The City should evaluate the risk associated with the Project for sensitive receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) in the area and mitigate any potentially significant risk to help limit exposure of sensitive receptors to emissions. To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization and/or a Health Risk Assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health. Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the project, including multi-year construction, as well as ongoing operational activities of the project. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction, and from ongoing operation of heavy-duty on-road trucks. Prioritization (Screening Health Risk Assessment): A “Prioritization” is the recommended method for a conservative screening -level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology. The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation. To assist land use agencies and project proponents with Prioritization analyses, the District has created a prioritization calculator based on the aforementioned CAPCOA guidelines, which can be found here: http://www.valleyair.org/busind/pto/emission_factors/Criteria/Toxics/Utilities/PRIORI TIZATION-CALCULATOR.xls San Joaquin Valley Air Pollution Control District Page 3 of 7 District Reference No: 20221286 September 30, 2022 Health Risk Assessment: Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA. This step will ensure all components are addressed when performing the HRA. A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the project-related health impacts would exceed the District’s significance threshold of 20 in a million for carcinogenic risk, or 1.0 for either the Acute or Chronic Hazard Indices. A project with a significant health risk would trigger all feasible mitigation measures. The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency. The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:  HRA (AERMOD) modeling files  HARP2 files  Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies. For assistance, please contact the District’s Technical Services Department by:  E-Mailing inquiries to: hramodeler@valleyair.org  Calling (559) 230-5900 Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww3.arb.ca.gov/ch/handbook.pdf. Ambient Air Quality Analysis An Ambient Air Quality Analysis (AAQA) uses air dispersion modeling to determine if emissions increases from a project will cause or contribute to a violation of State or National Ambient Air Quality Standards. The District recommends an AAQA be performed for the Project if emissions exceed 100 pounds per day of any pollutant. An acceptable analysis would include emissions from both project-specific permitted and non-permitted equipment and activities. The District recommends consultation San Joaquin Valley Air Pollution Control District Page 4 of 7 District Reference No: 20221286 September 30, 2022 with District staff to determine the appropriate model and input data to use in the analysis. Specific information for assessing significance, including screening tools and modeling guidance, is available online at the District’s website: www.valleyair.org/ceqa. Vegetative Barriers and Urban Greening There are residential units located west and south of the Project as well as a school to the north. The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g., residential units). While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a population’s exposure to air pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a higher and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is also a way to help improve air quality and public health in addition to enhancing the overall beautification of a community with drought tolerant, low-maintenance greenery. Clean Lawn and Garden Equipment in the Community Since the Project consists of commercial development, gas-powered commercial lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More inf ormation on the District CGYM program and funding can be found at: http://www.valleyair.org/grants/cgym.htm and http://valleyair.org/grants/cgym-commercial.htm. On-Site Solar Deployment It is the policy of the State of California that renewable energy resources and zero - carbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public San Joaquin Valley Air Pollution Control District Page 5 of 7 District Reference No: 20221286 September 30, 2022 health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project. Electric Vehicle Chargers To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations. Please visit www.valleyair.org/grants/chargeup.htm for more information. District Rules and Regulations The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes. The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888. District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT). San Joaquin Valley Air Pollution Control District Page 6 of 7 District Reference No: 20221286 September 30, 2022 This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888. District Rule 9510 - Indirect Source Review (ISR) The District has reviewed the information provided and has determined the project size is below the District Rule 9510, section 2.1 applicability threshold of 20,000 square feet for a medical office development. Therefore, District Rule 9510 requirements and related fees do not apply to the project. District Rule 4601 (Architectural Coatings) The Project may be subject to District Rule 4601 since it may utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs. The purpose of this rule is to limit VOC emissions from architectural coatings. In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at: http://www.valleyair.org/rules/currntrules/r4601.pdf District Regulation VIII (Fugitive PM10 Prohibitions) The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities. Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950. San Joaquin Valley Air Pollution Control District Page 7 of 7 District Reference No: 20221286 September 30, 2022 The application for both the Construction Notification and Dust Control Plan can be found online at: https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx Information about District Regulation VIII can be found online at: http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm Other District Rules and Regulations The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). District Comment Letter The District recommends that a copy of the District’s comments be provided to the Project proponent. If you have any questions or require further information, please contact Matt Crow by e- mail at Matt.Crow@valleyair.org or by phone at (559) 230-5931. Sincerely, Brian Clements Director of Permit Services For: Mark Montelongo Program Manager Exhibit K CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING PLAN AMENDMENT AND REZONE APPLICATION NO. P22-00507 DEVELOPMENT PERMIT APPLICATION NO. P22-00505 AND THE RELATED ENVIRONMENTAL ASSESSEMENT NOTICE IS HEREBY GIVEN that the Fresno City Planning Commission, in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures of Article 50, Chapter 15, of the Fresno Municipal Code, will conduct a public hearing to consider the items below which pertain ±1.23 acres of property located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues: 1. Environmental Assessment No. P22-00507/P22-00505: Recommends that a Mitigated Negative Declaration dated December 9, 2022, be adopted for the project; 2. Plan Amendment Application No. P22-00507: Proposes to amend the Fresno General Plan, Bullard Community Plan, and Pinedale Neighborhood Plan planned land use designations for the property from Residential – Medium Density to Commercial – General; 3. Rezone Application No. P22-00507: Proposes to amend the Official Zoning Map of the City of Fresno to rezone the property from the RS-5 (Residential Single Family, Medium Density) to the CG (Commercial - General) zone district; and 4. Development Permit Application No. P22-00505: Proposes to construct a ±11,664-square-foot medical clinic with on and off-site improvements on the ±1.23-acre site. Any interested person may participate in person or electronically during the public hearing to speak in favor or against the project proposal, by either Zoom meeting or telephone with instructions provided on the Planning Commission Agenda, and present written testimony at least 24 hours in advance, via an eComment or by email to PublicCommentsPlanning@fresno.gov (cc Enrique.Aponte@fresno.gov). All documents submitted to the Planning Commission for its consideration prior to or at the hearing shall be submitted to the Planning Commission at least 24 hours prior to the Commission agenda item being heard, pursuant to the Planning Commission rules and procedures, or they may be excluded from the administrative record of proceedings. If you challenge the above applications in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearings described in this notice, or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or City Council at, or prior to, the public hearing. The Planning Commission recommendation on the proposed Entitlements and Environmental Assessment will be considered by the City Council. NOTE: This public hearing notice is being mailed to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007-B. All documents related to this project are available for public review at the Planning and Development Department at the address listed below or electronic copies may be requested by contacting the Planner at the number listed below. Documents are available for viewing at City Hall during normal business hours (Monday-Friday, 8 a.m.-5 p.m.) by appointment only. Please contact the Planner listed below via e-mail or by phone to request electronic copies or schedule an appointment to view documents. For additional information, contact Enrique Aponte, Planning and Development Department, by telephone at (559) 621-8061 or via e-mail at Enrique.Aponte@fresno.gov. Si necesita información en Español, comuníquese con Enrique Aponte al teléfono (559) 621-8046 or email Enrique.Aponte@fresno.gov. Jennifer K. Clark, Director & Secretary Planning and Development Department & Planning Commission DATED: February 17, 2023 APN(s): 303-161-48, 303-161-49, 303-161-50, 303-161-51, 303-161-52, and 303-161-53 SEE MAP ON REVERSE SIDE Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 FRESNO CITY PLANNING COMMISSION Date/Time: Wednesday, March 1, 2023 at 6:00 p.m., or thereafter Place: City Hall Council Chamber, Second Floor, 2600 Fresno Street, Fresno CA 93721; or, Watch the live broadcast via the Zoom link located on the Planning Commission agenda found here: https://fresno.legistar.com/Calendar.aspx Enrique Aponte PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO ST RM 3043 FRESNO CA 93721-3604 THIS IS A LEGAL NOTICE REGARDING 49 West Fir Avenue P22-00507 & P22-00505 VICINITY MAP 49 West Fir Avenue Subject Property (±1.23 acres) Exhibit Map Override 1 Override 1 2/21/2023, 12:42:09 PM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 City of Fresno Exhibit L FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13789 The Fresno City Planning Commission, at its regular meeting on March 1, 2023, adopted the following resolution relating to Plan Amendment Application No. P22- 00507. WHEREAS, Plan Amendment Application No. P22-00507 was filed with the City of Fresno by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc., for ±1.23 acres of property located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues; and, WHEREAS, Plan Amendment Application No. P22-00507 proposes to amend the Fresno General Plan, Bullard Community Plan, and Pinedale Neighborhood Plan to change the planned land use designation for the subject property from Residential – Medium Density to Commercial – General; and, WHEREAS, on March 1, 2023, the Fresno City Planning Commission (Commission) reviewed the subject plan amendment application in accordance with the policies of the Fresno General Plan, Bullard Community Plan, Pinedale Neighborhood Plan, and the Fresno County Airport Land Use Compatibility Plan; and, WHEREAS, during the March 1, 2023 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested planned land use change; and, WHEREAS, the Commission conducted a public hearing to review the proposed plan amendment and considered the Planning and Development Department’s report recommending approval of the proposed plan amendment application; and, WHEREAS, the Commission considered the proposed plan amendment relative to the staff report and environmental assessment prepared for the project; and, WHEREAS, the Commission invited testimony with respect to the proposed plan amendment; and, WHEREAS, two members of the public spoke in support and no members of the public spoke in opposition of the proposed plan amendment; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that, with mitigation imposed under the Program Environmental Impact Report SCH No. 2019050005 for the Fresno General Plan (“PEIR”) and project specific mitigation, there is no substantial evidence in the record to indicate that Plan Amendment Application No. P22-00507 may have additional significant effects on the environment that were not identified in the PEIR; and hereby recommends to the City Council adoption of the Mitigated Negative Declaration prepared for Environmental Assessment No. P22-00507/P22-00505 dated December 9, 2022, for the proposed project; and, Planning Commission Resolution No. 13789 Plan Amendment Application No. P22-00507 March 1, 2023 Page 2 BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the City Council of Plan Amendment Application No. P22-00507 to amend the Fresno General Plan, Bullard Community Plan, and Pinedale Neighborhood Plan to change the planned land use designation for the subject property from Residential – Medium Density to Commercial – General as described and depicted on the attached Exhibit “A.” The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Wagner, seconded by Commissioner Diaz. VOTING: Ayes - Wagner, Diaz, Bray, Criner, Hardie (Vice Chair), Vang (Chair), Noes - None Not Voting - None Absent - None DATED: March 1, 2023 JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13789 Plan Amendment Application No. P22- 00507 Filed by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc. Action: Recommend Approval to the City Council !H¥!H¥!H¥ !H¥!H¥!H¥!H¥ !H¥!H¥NABBYS T W BEECHWOOD AVE NSUGARPI NEAVEW BEECHWOOD AVE N SUGAR PINE AVEN BLACKSTONE AVEW FIR AVE crcmx cgh cmx rm cmx rm pse P22-00507APN:303-16-148, 49, 50, 51, 52, & 5349 W Fir Ave. (Northeast corner of W. Fir Ave & N. Sugarpine Ave) 0 110 22055Feet / EXHIBIT A - Plan Amendment Proposes to change Planned Land Use designation for the +/-1.23 acre property from Residential-Medium Density to Commercial GeneralDocument Path: K:\GIS 2023\Exhibit Maps\MXDs\P22-00507 & DP P20-00505_Plan Amendment NEW.mxd!H¥Housing Element Site 0.222 acresRM to CGH 0.15 acresRM to CGH 0.23 acresRM to CGH 0.27 acresRM to CGH0.22 acresRM to CGH 0.15 acresRM to CGH FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13790 The Fresno City Planning Commission, at its regular meeting on March 1, 2023, adopted the following resolution relating to Rezone Application No. P22-00507. WHEREAS, Rezone Application No. P22-00507 was filed with the City of Fresno by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc., for ±1.23 acres of property located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues; and, WHEREAS, Rezone Application No. P22-00507 proposes to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) zone district to the CG (Commercial – General) zone district; and, WHEREAS, on March 1, 2023, the Fresno City Planning Commission (Commission) reviewed the subject rezone application in accordance with the policies of the Fresno General Plan, Bullard Community Plan, Pinedale Neighborhood Plan, and the Fresno County Airport Land Use Compatibility Plan; and, WHEREAS, during the March 1, 2023 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested rezoning change; and, WHEREAS, the Commission conducted a public hearing to review the proposed rezone and considered the Planning and Development Department’s report recommending approval of the proposed rezone application; and, WHEREAS, the Commission considered the proposed rezone relative to the staff report and environmental assessment prepared for the project; and, WHEREAS, the Commission invited testimony with respect to the proposed rezone; and, WHEREAS, two members of the public spoke in support and no members of the public spoke in opposition of the proposed rezone; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that, with mitigation imposed under the Program Environmental Impact Report SCH No. 2019050005 for the Fresno General Plan (“PEIR”) and project specific mitigation, there is no substantial evidence in the record to indicate that Rezone Application No. P22-00507 may have additional significant effects on the environment that were not identified in the PEIR; and hereby recommends to the City Council adoption of the Mitigated Negative Declaration prepared for Environmental Assessment No. P22-00507/P22-00505 dated December 9, 2022, for the proposed project; and, Planning Commission Resolution No. 13790 Rezone Application No. P22-00507 March 1, 2023 Page 2 BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the City Council of Rezone Application No. P22-00507 to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) zone district to the CG (Commercial – General) zone district as described and depicted on the attached Exhibit “A.” The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Wagner, seconded by Commissioner Diaz. VOTING: Ayes - Wagner, Diaz, Bray, Criner, Hardie (Vice Chair), Vang (Chair), Noes - None Not Voting - None Absent - None DATED: March 1, 2023 JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13790 Rezone Application No. P22-00507 Filed by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc. Action: Recommend Approval to the City Council !H¥!H¥!H¥ !H¥!H¥!H¥!H¥ !H¥!H¥ W BEECHWOOD AVE NSUGARPI NEAVEN ABBY STW BEECHWOOD AVE N SUGAR PINE AVEN BLACKSTONE AVEW FIR AVE RS-5 RS-5 CR RS-5 RS-5 RS-5 CMX RS-5 CMXPI RS-5 RS-5 RS-5 CMX PI CG RS-5 CMX CMX RS-5 CMXRS-5 CMX RS-5 RS-5 CG CMX RS-5 CG PI RS-5 CMX RS-5 CMX PI RS-5 PI CG RS-5 CMX CMX PI RS-5 RS-5 CR RS-5 CMX RS-5 CG PI P22-00507APN:303-16-148, -49, -50, -51, -52, & -5349 W Fir Ave. (Northeast corner of W. Fir Ave and N. Sugarpine Ave) 0 110 22055Feet / EXHIBIT A - Rezone RS-5to CG !H¥ Proposes to rezone +/- 1.23 acres of property currently zoned RS-5 (Residential Single Family, Medium Density) to CG (Commercial-General) zone district. Housing Element Site FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13791 The Fresno City Planning Commission, at its regular meeting on March 1, 2023, adopted the following resolution relating to Development Permit Application No. P22- 00505. WHEREAS, Development Permit Application No. P22-00505 was filed with the City of Fresno by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc., for ±1.23 acres of property located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues; and, WHEREAS, Development Permit Application No. P22-00505 proposes to construct an 11,664-square-foot, single-story medical clinic on the ±1.23 acre property; and, WHEREAS, on March 1, 2023, the Fresno City Planning Commission (Commission) reviewed the subject development permit application in accordance with the policies of the Fresno General Plan, Bullard Community Plan, Pinedale Neighborhood Plan, and the Fresno County Airport Land Use Compatibility Plan; and, WHEREAS, during the March 1, 2023 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested planned land use change; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project, subject to the conditions of approval contained in the staff report dated March 1, 2023. WHEREAS, the Commission conducted a public hearing to review the proposed development permit and considered the Planning and Development Department’s report recommending approval of the proposed Development Permit application; and, WHEREAS, the Commission considered the proposed Development Permit relative to the staff report and environmental assessment prepared for the project; and, WHEREAS, the Commission invited testimony with respect to the proposed development permit; and, WHEREAS, two members of the public spoke in support and no members of the public spoke in opposition of the proposed Development Permit; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that, with mitigation imposed under the Program Environmental Impact Report SCH No. 2019050005 for the Fresno General Plan (“PEIR”) and project specific mitigation, there is no substantial evidence in the record to indicate that Development Permit Application No. P22-00505 may have additional significant effects on the environment that were not identified in the PEIR; and hereby Planning Commission Resolution No. 13791 Development Permit Application No. P22-00505 March 1, 2023 Page 2 recommends to the City Council adoption of the Mitigated Negative Declaration prepared for Environmental Assessment No. P22-00507/P22-00505 dated December 9, 2022, for the proposed project; and, BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the City Council of Development Permit Application No. P22-00505, subject to the Planning and Development Department Conditions of Approval dated March 3, 2023. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Wagner, seconded by Commissioner Diaz. VOTING: Ayes - Wagner, Diaz, Bray, Criner, Hardie (Vice Chair), Vang (Chair), Noes - None Not Voting - None Absent - None DATED: March 1, 2023 JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13791 Development Permit Application No. P22-00505 Filed by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc. Action: Recommend Approval to the City Council Exhibit M CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING PLAN AMENDMENT AND REZONE APPLICATION NO. P22-00507 DEVELOPMENT PERMIT APPLICATION NO. P22-00505 AND THE RELATED ENVIRONMENTAL ASSESSEMENT NOTICE IS HEREBY GIVEN that the Fresno City Council, in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures of Article 50, Chapter 15, of the Fresno Municipal Code, will conduct a public hearing to consider the items below which pertain ±1.23 acres of property located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues: 1.Environmental Assessment No. P22-00507/P22-00505: Recommends that a Mitigated Negative Declaration dated December 9, 2022, be adopted for the project; 2.Plan Amendment Application No. P22-00507: Proposes to amend the Fresno General Plan, Bullard Community Plan, and Pinedale Neighborhood Plan planned land use designations for the property from Residential – Medium Density to Commercial – General; 3.Rezone Application No. P22-00507: Proposes to amend the Official Zoning Map of the City of Fresno to rezone the property from the RS-5 (Residential Single Family, Medium Density) to the CG (Commercial - General) zone district; and 4.Development Permit Application No. P22-00505: Proposes to construct a ±11,664-square-foot medical clinic with on and off-site improvements on the ±1.23-acre site. Any interested person may participate in person or electronically during the public hearing to speak in favor or against the project proposal, by either Zoom meeting or telephone with instructions provided on the City Council Agenda, and present written testimony at least 24 hours in advance, via an eComment or by email to PublicCommentsPlanning@fresno.gov (cc Phillip.Siegrist@fresno.gov). All documents submitted to the City Council for its consideration prior to or at the hearing shall be submitted to the City Council at least 24 hours prior to the Council agenda item being heard, pursuant to the City Council rules and procedures, or they may be excluded from the administrative record of proceedings. If you challenge the above applications in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearings described in this notice, or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or City Council at, or prior to, the public hearing. The Planning Commission recommendation on the proposed Entitlements and Environmental Assessment will be considered by the City Council. The Fresno City Planning Commission considered these applications at its meeting on March 1, 2023 and recommended the City Council approve the applications 6 votes to 0. NOTE: This public hearing notice is being mailed to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007-B. All project related documents are available for public review at the Planning and Development Department at the address listed below by contacting the Planner at the number listed below. Documents are available for viewing at City Hall during normal business hours (Monday-Friday, 8 a.m.-5 p.m.) by appointment only. Please contact the Planner listed below via e-mail or by phone to request electronic copies or schedule an appointment to view documents. For additional information, contact Phillip Siegrist, Planning and Development Department, by telephone at (559) 621-8061 or via e-mail at Phillip.Siegrist@fresno.gov. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070 or email Jose.Valenuela@fresno.gov. Jennifer K. Clark, Director & Secretary Planning and Development Department & Planning Commission DATED: June 2, 2023 APN(s): 303-161-48, 303-161-49, 303-161-50, 303-161-51, 303-161-52, and 303-161-53 SEE MAP ON REVERSE SIDE Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 FRESNO CITY COUNCIL Date/Time: Thursday, June 15, 2023 at 10:10 a.m., or thereafter Place: City Hall Council Chamber, Second Floor, 2600 Fresno Street, Fresno CA 93721; or, Watch the live broadcast via the Zoom link located on the City Council agenda found here: https://fresno.legistar.com/Calendar.aspx P. Siegrist PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO ST RM 3043 FRESNO CA 93721-3604 THIS IS A LEGAL NOTICE REGARDING 49 West Fir Avenue P22-00507 & P22-00505 VICINITY MAP 49 West Fir Avenue Subject Property (±1.23 acres) Exhibit N CITY OF FRESNO MITIGATED NEGATIVE DECLARATION FOR Plan Amendment/Rezone Application No. P22-00507 and Development Permit Application No. P22-00505 City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 Prepared by: LSA 2565 Alluvial Avenue, Suite 172 Clovis, CA 93611 Attachments: Notice of Intent to Adopt a Mitigated Negative Declaration Appendix G/Initial Study for a Mitigated Negative Declaration Project Specific Mitigation Monitoring Checklist dated November 2022 1 APPENDIX G INITIAL STUDY FOR A MITIGATED NEGATIVE DECLARATION Environmental Checklist Form for: Development Permit Application No. P22-00505 & Plan Amendment Rezone Application No. P22-00507 1. Project title: Development Permit Application No. P22-00505 & Plan Amendment Rezone Application No. P22-00507 2. Lead agency name and address: City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 3. Contact person and phone number: Enrique Aponte, Planner II City of Fresno Planning and Development Department (559) 621-8084 4. Project location: The 1.23-acre project site (Assessor’s Parcel Numbers [APN]: 303-161-48, 303-161- 49, 303-161-50, 303-161-51, 303-161-52, and 303-161-53) is located at the northwest quadrant of Blackstone Avenue and Herndon Avenue and is bounded to the north by West Fir Avenue, to the east by North Sugar Pine Avenue, to the south by West Beechwood Avenue, and to the west by residential uses. Figure 1 shows the site’s regional and local context. Figure 2 depicts an aerial photograph of the project site and surrounding land uses. 5. Project sponsor's name and address: Soyla A. Reyna-Griffin Valley Health Team, Inc. Pinedale Community Health Center P.O. Box 737 21890 West Colorado Avenue San Joaquin, CA 93660 6. General & Community plan land use designation: Existing Land Use: Residential – Medium Density Planned Land Use: Residential – Medium Density Bullard Community Plan Pinedale Specific Plan Proposed Land Use: Offices – Medical and Dental SOURCE: Esri Topographic Map (2021) I:\VHT2201\GIS\MXD\RegionalProjectLocation.mxd (3/30/2022) FIGURE 1 Valley Health Team Project Regional Project Location LEGEND Project Location Parcel Boundary Fresno City Limit MaderaCounty FresnoCounty ÃÃ145 ÃÃ168 ÃÃ180 ÃÃ41 ÃÃ99 Project Location Project Vicinity 0 250 500 FEET '■V l-llll'JJPJ JV.'^I I I'.-J.Jk- A.-1 "IjOQiOQ■■■LI - zVSnT-•:349 ft_Pinedale si-W Minarets Ave E Minarets Ave.-L 3o;I10IBZ > z <* fIljiUlXj OW Birch Ave W Birch Ave E Birch Ave2K iLr~--E-J.JJ "J cV> W Spruce Ave E Spruce Ave 1 J J bcusl Ave W bcust Aveun nm □CO -Vj--zII 03<%<-3 W Fir AveI'_r12 ED 3£]'-z J W Beechwood Ave 5*=OJi •1 JJ_J Jj-'ULr = i.J □vrr Herndon Ave lEtHern'donrAv.el2343 ff iW4H e r n d o'riTA'v el,W:Hern'donTAvei JU, L -Jbuisiana ct4W 3=1jwiqna iSTT-i-a s *° Q_E Warner AveNevada5—$^ J' J JJ—I Xujjjj- >gJGbQilaaaitak A 0*fe■Pennsylvania < 5•- : J? Valencia Dr •!J3nnE Mag 01 Aveh/ft/Oregon J 55 -/s73 3Seville Df □Q£UQ CDD q San Juan Dr ii.)i1T-jz iU3IJ"/. ^U _1 -I J”■s rps ■JDe Soto Dr / /j JJ_Q ■ an ilET 11 ?/z JJu Paz.Dr J2V* 9 QLi?p--*□I Jo Ave >< 8 LPJ E bs Alios Ave■b -IXft3co□za s<L? O__z_ _ _ SA |> □ W Beechwood AveW Beechwood Ave W Fir AveW Fir Ave W Spruce AveW Spruce Ave W Herndon AveW Herndon Ave N Sugar P ine AveN Sugar Pi ne AveW Herndon AveW He r n d o n Av e E Magill AveE Magill AveN Blackstone AveN Blackstone AveN Blackstone AveN Blackstone AveN San Pablo AveN San Pablo AveN Abby StN Abby StN Sugar Pine AveN Sugar Pine AveW Beechwood Ave W Fir Ave W Spruce Ave W Herndon Ave N Sugar P ine Ave W Herndon Ave E Magill AveN Blackstone AveN Sugar Pine AveN Blackstone AveN San Pablo AveN Abby StCOMMERCIAL SINGLE-FAMILY RESIDENTIAL COMMERCIAL COMMERCIAL PINEDALE COMMUNITY CENTER MOBILE HOME PARK PINEDALE ELEMENTARY SCHOOL 4000 200 Project Site Boundary FEET SOURCE: NearMap, 2/24/2022 I:\VHT2201\G\Fig 2_Aerial Photo of Site & Surrounding LU.ai (3/30/2022) FIGURE 2 Valley Health Team Project Aerial Photograph of the Project Site and Surrounding Land Uses J,r*..f “Ii'm -•> ■-r*S •i ' USK feji •Ki v* l JViyl-0;:•a// ” . /, 1 1 'SvjflV’ki 4“ ^®/*L_ - jrtfF [M ^ 4h ,'1 « 3l \f)• ' A',*\V? ,.:r»m $w i. r. tel’ =? *i ^ mfi i 1 "*> «§ JfcJfit! t^r-gBf?S v1*. a .. :rA \pEjgg -TV-T-," 3SI f- -? - .-ks~!Limm **■'••*' ;3 ^-**21la,7* Lm£Ml, "Si; Jin!v. ...wwWl’ \t i A • tv %<sEIJ*. iJl;£=6p 1»TJ _ -jpgj/n 4 S'ft ,;LELI I ,v‘;✓|$p^5:i,&S*/H 31.*p pm% a v‘j *«rI• . 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Zoning: Existing Zoning: RS-5 (Residential Single-Family, Medium Density) Proposed Zoning: CG (General Commercial) 8. Description of project: Development Permit Application No. P22-00505 and Plan Amendment Rezone Application No. P22-00507 was filed by Valley Health Team, Inc. The applicant proposes to construct an 11,664-square-foot medical clinic and associated parking, circulation, and infrastructure improvements on the approximately 1.23-acre site. Project Characteristics The proposed project would include the demolition of two existing on-site structures, including a 923-square-foot single-family dwelling unit and a 464-square-foot unattached garage (APN-303-161-48). The proposed project would consist of the development of an approximately 11,664- square-foot, 28-foot-tall single-story medical clinic in the Pinedale community. The proposed project would include a total of 21,494 square feet of paved area and 15,626 square feet of landscaped area. The proposed project would also include a concrete masonry unit (CMU) along the western project site boundary. Figure 3 shows the project site plan. The hours of operation for the proposed project would be Monday through Friday, from 8:00 a.m. to 6:00 p.m. The proposed project would employ approximately 40 staff members. The proposed project would contain the following rooms and offices: exam, treatment, labs, x-ray, behavioral health, dental, and chiropractic. The proposed project is anticipated to serve 5,000 patients and provide 21,450 visits per year or 82 clients per day, including telemedicine. It is assumed that telemedicine appointments would account for approximately 25 percent of all appointments. The proposed project would include new on-site exterior lighting, with approximately 48 new lights on the project site and would install approximately 7,128 square feet of future solar panels on the roof area of the proposed clinic building. In addition, the proposed project would comply with the latest CALGreen standard building measures and Title 24 standards. The proposed project would require a General Plan amendment from Residential – Medium Density to General Commercial and a rezone to from RS-5 (Residential Single Family, Medium Density) to CG (General Commercial). NOT TO SCALE SOURCE: Centerline Design, LLC, January 2022 I:\VHT2201\G\Fig 3_Site Plan.ai (4/6/2022) FIGURE 3 Valley Health Team Project Site Plan lV//////////////////////,i 1 1 '/////////////////////////A\9 99999999999999999999999^ jL \\^V////////////////////////A //w /\\I ,_A_.W. 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LSA I1 6 Access, Circulation, and Parking Vehicle access to the project site would be provided through two 27-foot-wide ingress and egress driveways located along West Beechwood Avenue and North Sugar Pine Avenue. Vehicle circulation within the project site would be provided by a network of two-way, 27-foot-wide driveways. The proposed project would include 56 vehicle parking spaces, including two accessible parking stalls, one van accessible parking stall, and six stalls in the future would be designated for electric vehicle charging stations. In addition, the proposed project would provide six bicycle parking spaces, including three long-term bicycle lockers and three short-term bicycle racks. Landscaping As identified above, the proposed project would include approximately 15,626 square feet of landscaped area. Utilities and Infrastructure The project site is located in an urban area and is currently served by existing utilities, including: water, sanitary sewer, storm drainage, electricity, and natural gas infrastructure. Proposed utility connections are discussed below. Water and Wastewater Water supply and wastewater services for the proposed project would be provided by the Pinedale County Water District (PCWD). The proposed project would connect to existing water and wastewater service lines located along North Sugar Pine Avenue and West Beechwood Avenue. Stormwater The Fresno Metropolitan Flood Control District (FMFCD) would provide flood control and urban storm water services to the project site. Stormwater from the project site would be drained through surface drainage infrastructure along North Sugar Pine Avenue and West Beechwood Avenue and redirected southwest of the site towards a nearby ponding basin. Electricity and Natural Gas Electricity and natural gas services to the site are provided by Pacific Gas and Electric Company (PG&E). Existing underground utility connections and gas mains provide electricity and gas to the project site. The proposed project would connect to existing service lines in the vicinity of the project site. Grading and Construction Construction of the proposed project is expected to occur over a period of 12 to 14 months starting in July 2023. As discussed above, the proposed project would include the demolition of two existing on-site structures, totaling 1,387 square feet. Site preparation would include removal of rocks, debris, and vegetation from the project site. Construction of the proposed project would comply with City standards, including the City’s current building code, landscape standards, and lighting standards. In addition, the project site would be graded similar to other developments throughout the City. 7 APPROVALS/PERMITS The following approvals are required by the City of Fresno: • Rezone from Residential Single-Family District (RS-5) to Commercial-General District (CG) • General Plan Amendment • Adoption of the IS/MND • Water connection(s) • Sanitary sewer connection(s) 9. Surrounding land uses and setting: Planned Land Use Existing Zoning Existing Land Use North Public Facility – Elementary School PI (Public and Institutional) Public Facility – Elementary School East Corridor – Center Mixed Use CMX (Corridor/Center Mixed Use) General Heavy Commercial South Residential – Medium Density/ Corridor – Center Mixed Use (immediate parcels) RS-5 (Residential Single Family, Medium Density)/ CMX/EA (Corridor – Center Mixed Use/ Express Way Area) Residential – Medium Density/ General Heavy Commercial West Residential – Medium Density RS-5 (Residential Single- Family, Medium Density) Residential – Medium Density 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): • Pacific Gas & Electric, electrical and natural gas connection • Central Valley Regional Water Quality Control Board Storm Water Pollution Prevention Plan 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code (PRC) Section 21080.3.1? If so, has consultation begun? The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the California Environmental Quality Act (CEQA) Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, cultural 8 landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1-2)). According to the most recent census data, California is home to 109 currently recognized Indian tribes. Tribes in California currently have nearly 100 separate reservations or Rancherias. Fresno County has a number of Rancherias such as Table Mountain Rancheria, Millerton Rancheria, Big Sandy Rancheria, Cold Springs Rancheria, and Squaw Valley Rancheria. These Rancherias are not located within the city limits. Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality. Currently, the Table Mountain Rancheria Tribe and the Dumna Wo Wah Tribe have requested to be notified pursuant to Assembly Bill 52 (AB 52). A certified letter was mailed to the above-mentioned tribes on September 19, 2022. The 30-day comment period ended on October 19, 2022. Both tribes did not request consultation. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ☐ Aesthetics ☐ Agriculture and Forestry Resources ☐ Air Quality ☐ Biological Resources ☐ Cultural Resources ☐ Energy ☐ Geology/Soils ☐ Greenhouse Gas Emissions ☐ Hazards and Hazardous Materials ☐ Hydrology/Water Quality ☐ Land Use/Planning ☐ Mineral Resources ☐ Noise ☐ Population/Housing ☐ Public Services ☐ Recreation ☐ Transportation ☐ Tribal Cultural Resources ☐ Utilities/Service Systems ☐ Wildfire ☐ Mandatory Findings of Significance 9 DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ___ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ___ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required. ___ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed. ___ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ___________________________________________________________________ Enrique Aponte, Planner II Date EVALUATION OF ADDITIONAL ENVIRONMENTAL IMPACTS: 1.For purposes of this Initial Study, the following answers have the corresponding meanings: a.“No Impact” means the specific impact category does not apply to the project, or that the record sufficiently demonstrates that project specific factors or general standards applicable to the project will result in no impact for the threshold under consideration. b.“Less Than Significant Impact” means there is an impact related to the threshold under consideration, but that impact is less than significant. 12/9/2022 10 c. “Less Than Significant with Mitigation Incorporation” means there is a potentially significant impact related to the threshold under consideration, however, with the mitigation incorporated into the project, the impact is less than significant. d. “Potentially Significant Impact” means there is substantial evidence that an effect may be significant related to the threshold under consideration. 2. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 3. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 4. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 5. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from, "Earlier Analyses," as described in (6) below, may be cross-referenced). 6. Earlier analyses may be used where, pursuant to the tiering, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. 11 c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 7. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 8. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 9. The explanation of each issue should identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significance. 12 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS – Except as provided in PRC Section 21099, would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock out- croppings, and historic buildings within a state scenic highway? X c) In non-urbanized areas, substantially degrade the existing visual character or quality public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X DISCUSSION a) Have a substantial adverse effect on a scenic vista? A scenic vista is generally defined as a public vantage point with an expansive view of a significant landscape feature. An impact on scenic vistas is considered significant if it substantially diminishes, blocks, or impedes an expansive view of a significant landscape feature from a public vantage point. The project site is located in a developed area in the Pinedale community and is not located in an area with expansive or far field views. The proposed project would include the construction of an approximately 11,664-square-foot, 28-foot-tall single-story medical 13 clinic. Adjacent parcels primarily consist of single-family residential and commercial uses and Pinedale Elementary School. There are no significant trees, rock outcroppings, and/or historic buildings located on the subject property that have been identified as important scenic resources or would otherwise constitute significant landscape features. Therefore, the proposed project would not substantially diminish any scenic vistas within or near the project area and would likewise not substantially block or impede surrounding views. Therefore, the proposed project would result in a less-than-significant impact related to a substantial adverse effect on a scenic vista, and no mitigation is required. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? There are no trees, rock outcroppings, and/or historic buildings located on the subject property that have been identified as important scenic resources or would otherwise constitute significant landscape features. Additionally, there are no officially designated State Scenic Highways in the immediate vicinity of the project site. According to the California Department of Transportation (Caltrans) mapping of State Scenic Highways,1 the County of Fresno has one officially designated State Scenic Highways located along State Route (SR-) 180, east of the City of Fresno. Three eligible State Scenic Highways are also located within the County of Fresno, the nearest which is located along SR-168 east of the City of Clovis. Since there are no eligible or officially designated State Scenic Highways within the immediate vicinity of the project site, the project would not impact a designated State Scenic Highway. Furthermore, the eligibility of the three State Scenic Highways, scenic resources located within the highway segments or its viewshed would not be impacted by the proposed project. Therefore, no impact on scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway would occur as a result of the proposed project. No mitigation is required. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? The project site is primarily flat and developed with two existing on-site structures, including a 923-square-foot single-family dwelling unit and a 464-square-foot unattached garage. As identified above, nearby parcels consist mostly of single-family residential and commercial uses and Pinedale Elementary School. The proposed project would include a new single-story medical clinic and although the proposed project would change the visual characteristics of the project site by redeveloping the site, the design of the project would be consistent with the visual character within the project area. The project site is zoned Residential Single-Family Medium Density (RS-5) and would require a General Plan amendment and rezone to General Commercial (CG). However, the character of the 1 California Department of Transportation (Caltrans). Mapping of State Scenic Highways. Website: https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i- scenic-highways (accessed May 2022). 14 proposed medical clinic would be compatible with the surrounding uses in the project vicinity. Therefore, the proposed project would not substantially degrade the visual character or quality of the project site and its surroundings, and as a result, a less-than- significant impact would occur. No mitigation is required. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? The project site is located in an urbanized area, which is subject to preexisting exterior lighting from surrounding development and existing street lighting. As described in the Project Description, the proposed project would include new on-site exterior lighting, with approximately 48 new lights on the project site and would install approximately 7,128 square feet of future solar panels on the roof area of the proposed clinic building. As such, the proposed project would introduce new sources of light and glare to the area in the form of exterior lighting and solar panels. As identified above, nearby parcels consist mostly of single-family residential and commercial uses and Pinedale Elementary School; as such, the project area contains many existing sources of nighttime illumination. These include street and parking area lights, security lighting, and exterior lighting on existing residential, commercial, and school buildings. Therefore, new sources of light and glare associated with the project would not be substantial in the context of existing lighting sources. Solar panels can reflect sunlight when the sun is at an angle to the solar panel in relationship to the viewer. However, the reflectance would be temporary and not occur at night. Compliance with California Building Code (Title 24, California Code of Regulations [CCR]) standards would ensure that light and glare impacts from the proposed project would be less than significant. As such, the proposed project would not create a new source of substantial light or glare that would adversely affect day or nighttime views in the surrounding urban area, and impacts would be less than significant. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to aesthetics, and no mitigation is required. 15 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact II. AGRICULTURE AND FORESTRY RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monito-ring Program of the California Resources Agency, to non-agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d) Result in the loss of forest land or conversion of forest land to non- forest use? X 16 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion of forest land to non-forest use? X DISCUSSION a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? The project site is located within an urbanized area of the Pinedale community within the City of Fresno. The project site is classified as “Urban and Built-Up Land” by the California Department of Conservation Farmland Mapping and Monitoring Program (FMMP).2 The development of the project site would not result in the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use. The proposed project would result in no impact to the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use, and no mitigation is required. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? The project site is designated Residential Single-Family, Medium Density (RS-5). The project site is not zoned for agricultural use and is not subject to a Williamson Act contract. Therefore, development of the proposed project would not conflict with existing zoning for agricultural use or a Williamson Act contract. Therefore, the proposed project would have no impact on existing zoning for agricultural use or a Williamson Act contract, and no mitigation is required. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? 2 California Department of Conservation, 2016. California Important Farmland Finder. Available online at: https://maps.conservation.ca.gov/DLRP/CIFF/ (accessed May 2022). 17 The project site is located within an existing urban area and is zoned within the Residential Single-Family, Medium Density (RS-5) district within the City of Fresno. The project site is not currently used for timberland production, nor is it zoned for forest land or timberland. Therefore, the proposed project would have no impact to existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)), and no mitigation is required. d) Result in the loss of forest land or conversion of forest land to non-forest use? The proposed project would not convert forest land to non-forest use and would result in no impact to the loss or conversion of forest land to a non-forest use, and no mitigation is required. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Please refer to discussions a) and c) of this section. The project site is located within an existing urban environment and would not result in the conversion of farmland to non- agricultural uses or forest land to non-forest uses. Therefore, no impact to changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use would occur, and no mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to agriculture and forestry resources, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: 18 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan (e.g., by having potential emissions of regulated criterion pollutants which exceed the San Joaquin Valley Air Pollution Control Districts (SJVAPCD) adopted thresholds for these pollutants)? X b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X c) Expose sensitive receptors to substantial pollutant concentrations? X d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? X DISCUSSION a) Conflict with or obstruct implementation of the applicable air quality plan? The City of Fresno is part of the San Joaquin Valley Air Basin (SJVAB), which is within the jurisdiction of the San Joaquin Valley Air Pollution Control District (SJVAPCD). The SJVAPCD is responsible for air quality regulation within the eight-county San Joaquin Valley region. Both the State and the federal government have established health-based Ambient Air Quality Standards (AAQS) for six criteria air pollutants: carbon monoxide (CO), ozone (O3), nitrogen dioxide (NO2), sulfur dioxide (SO2), lead, and suspended particulate matter (PM2.5 and PM10). The SJVAB is designated as non-attainment for O3 and PM2.5 for federal standards and non-attainment for O3, PM10, and PM2.5 for State standards. 19 CEQA requires that certain proposed projects be analyzed for consistency with the applicable air quality plan. An air quality plan describes air pollution control strategies to be implemented by a city, county, or region classified as a non-attainment area. The main purpose of the air quality plan is to bring the area into compliance with the requirements of the federal and State air quality standards. To bring the SJVAB into attainment, the SJVAPCD adopted the 2016 Plan for the 2008 8-Hour Ozone Standard in June 2016 to satisfy Clean Air Act requirements and ensure attainment of the 75 parts per billion (ppb) 8-hour ozone standard. To ensure the SJVAB’s continued attainment of the U.S. Environmental Protection Agency (USEPA) PM10 standard, the SJVAPCD adopted the 2007 PM10 Maintenance Plan in September 2007. SJVAPCD Regulation VIII (Fugitive PM10 Prohibitions) is designed to reduce PM10 emissions generated by human activity. The SJVAPCD adopted the 2018 plan for the 1997, 2006, and 2012 PM2.5 standards to address the USEPA federal annual PM2.5 standard of 12 µg/m3, established in 2012. For a project to be consistent with SJVAPCD air quality plans, the pollutants emitted from a project should not exceed the SJVAPCD emission thresholds or cause a significant impact on air quality. In addition, emission reductions achieved through implementation of offset requirements are a major component of the SJVAPCD air quality plans. As discussed below, construction of the proposed project would not result in the generation of criteria air pollutants that would exceed SJVAPCD thresholds of significance. Implementation of Mitigation Measure AIR-1 would further reduce construction dust impacts. As discussed below, long-term operational emissions associated with the proposed project, including area, energy, and mobile source emissions, would also not exceed SJVAPCD established significance thresholds. Therefore, impacts related to the proposed project’s potential to conflict with or obstruct implementation of the applicable air quality plan would be less than significant with mitigation. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? The SJVAB is designated as non-attainment for O3 and PM2.5 for federal standards and non-attainment for O3, PM10, and PM2.5 for State standards. The SJVAPCD’s non- attainment status is attributed to the region’s development history. Past, present, and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to, by itself, result in non-attainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant. In developing thresholds of significance for air pollutants, the SJVAPCD considered the emission levels for which a project’s individual emissions would be cumulatively 20 considerable. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions. Therefore, additional analysis to assess cumulative impacts is unnecessary. The following analysis assesses the potential project- level construction- and operation-related air quality impacts. Short-Term Construction Emissions. During construction, short-term degradation of air quality may occur due to the release of particulate emissions generated by grading, paving, building, and other activities. Emissions from construction equipment are also anticipated and would include CO, NOx, reactive organic gases (ROG), directly emitted particulate matter (PM2.5 and PM10), and toxic air contaminants (TACs) such as diesel exhaust particulate matter. Project construction activities would include demolition, site preparation, grading, building construction, paving, and architectural coating activities. Construction-related effects on air quality from the proposed project would be greatest during the site preparation phase due to the disturbance of soils. If not properly controlled, these activities would temporarily generate particulate emissions. Sources of fugitive dust would include disturbed soils at the construction site. Unless properly controlled, vehicles leaving the site would deposit dirt and mud on local streets, which could be an additional source of airborne dust after it dries. PM10 emissions would vary from day to day, depending on the nature and magnitude of construction activity and local weather conditions. PM10 emissions would depend on soil moisture, silt content of soil, wind speed, and the amount of operating equipment. Larger dust particles would settle near the source, while fine particles would be dispersed over greater distances from the construction site. Water or other soil stabilizers can be used to control dust, resulting in emission reductions of 50 percent or more. The SJVAPCD has implemented Regulation VIII measures for reducing fugitive dust emissions (PM10). With the implementation of Regulation VIII measures, fugitive dust emissions from construction activities would not result in adverse air quality impacts. In addition to dust-related PM10 emissions, heavy trucks and construction equipment powered by gasoline and diesel engines would generate CO, SO2, NOx, ROG, and some soot particulate (PM2.5 and PM10) in exhaust emissions. If construction activities were to increase traffic congestion in the area, CO and other emissions from traffic would increase slightly while those vehicles idle in traffic. These emissions would be temporary in nature and limited to the immediate area surrounding the construction site. The SJVAPCD has established construction emissions thresholds on an annual basis as shown in Table 1 below. Construction emissions for the proposed project were analyzed using the California Emissions Estimator Model (CalEEMod) version 2020.4.0. Construction of the proposed project is anticipated to begin in July 2023 and continue for a period or 12 to 14 months, ending in 2024. Other precise details of construction activities are unknown at this time; therefore, default assumptions (e.g., construction worker and 21 truck trips and fleet activities) from CalEEMod were used. Construction-related emissions are presented in Table 1. CalEEMod output sheets are included in Appendix A. Table 1: Project Construction Emissions (Tons per Year) Construction Year ROG NOX CO SOX PM10 PM2.5 2023 0.1 1.2 0.9 <0.1 0.1 0.1 2024 0.1 1.1 0.9 <01 0.1 <0.1 Maximum Annual Construction Emissions 0.1 1.2 0.9 <0.1 0.1 0.1 SJVAPCD Significance Threshold 10.0 10.0 100.0 27.0 15.0 15.0 Exceed Threshold? No No No No No No Source: LSA (May 2022). CO = carbon monoxide NOX = nitrogen oxides PM2.5 = particulate matter less than 2.5 microns in size PM10 = particulate matter less than 10 microns in size ROG = reactive organic gas SJVAPCD = San Joaquin Valley Air Pollution Control District SOX = sulfur oxides As shown in Table 1, construction emissions would not exceed the SJVAPCD threshold for annual construction emissions for the proposed project. In addition to the construction period thresholds of significance, the SJVAPCD has implemented Regulation VIII measures for dust control during construction. These control measures are intended to reduce the amount of PM10 emissions during the construction period. Implementation of the fugitive dust control measures outlined in Mitigation Measure AIR-1 would ensure that the proposed project complies with Regulation VIII and further reduces the short-term construction period air quality impacts. Therefore, with implementation of Mitigation Measure AIR-1, construction of the proposed project would result in a less-than- significant impact related to a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or State AAQS. Long-Term Operational Emissions. Long-term air pollutant emission impacts associated with the proposed project are those related to mobile sources (e.g., vehicle trips), energy sources (e.g., electricity and natural gas), and area sources (e.g., architectural coatings and the use of landscape maintenance equipment). PM10 emissions result from running exhaust, tire and brake wear, and the entrainment of dust into the atmosphere from vehicles traveling on paved roadways. Entrainment of PM10 occurs when vehicle tires pulverize small rocks and pavement and the vehicle wakes generate airborne dust. The contribution of tire and brake wear is small compared to the other PM emission processes. Gasoline-powered engines have small rates of particulate matter emissions compared with diesel-powered vehicles. Energy source emissions result from activities in buildings for which electricity and natural gas are used. The quantity of emissions is the product of usage intensity (i.e., the amount of electricity or natural gas) and the emission factor of the fuel source. Major sources of energy demand include building mechanical systems, such as heating and air conditioning, lighting, and plug-in electronics, such as refrigerators or computers. Greater building or appliance efficiency reduces the amount of energy for a given activity and thus lowers the resultant emissions. The emission factor is determined by the fuel source, with 22 cleaner energy sources, like renewable energy, producing fewer emissions than conventional sources. Typically, area source emissions consist of direct sources of air emissions located at the project site, including architectural coatings and the use of landscape maintenance equipment. Area source emissions associated with the project would include emissions from the use of landscaping equipment and the use of consumer products. Emission estimates for operation of the proposed project were calculated using CalEEMod. Model results are shown in Table 2. Trip generation rates for the proposed project were based on the project’s trip generation estimate, as identified in Section XVII, Transportation. As discussed in Section XVII, Transportation, the proposed project would generate approximately 406 average daily trips. The primary emissions associated with the proposed project are regional in nature, meaning that air pollutants are rapidly dispersed on release or, in the case of vehicle emissions associated with the proposed project; emissions are released in other areas of the Air Basin. The annual emissions associated with project operational trip generation, energy, and area sources are identified in Table 2. Table 2: Project Operation Emissions (Tons per Year) ROG NOX CO SOx PM10 PM2.5 Area Source Emissions 0.1 <0.1 <0.1 0.0 0.0 0.0 Energy Source Emissions <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 Mobile Source Emissions 0.2 0.2 1.4 <0.1 0.3 0.1 Total Project Operation Emissions 0.2 0.3 1.4 <0.1 0.3 0.1 SJVAPCD Significance Threshold 10.0 10.0 100.0 27.0 15.0 15.0 Exceed Threshold? No No No No No No Source: LSA (May 2022). CO = carbon monoxide NOX = nitrogen oxides PM2.5 = particulate matter less than 2.5 microns in size PM10 = particulate matter less than 10 microns in size ROG = reactive organic gas SJVAPCD = San Joaquin Valley Air Pollution Control District SOX = sulfur oxides The results shown in Table 2 indicate the proposed project’s operational emissions would not exceed the significance criteria for annual CO, NOx, ROG, SOx, PM10, or PM2.5 emissions. Therefore, operation of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the proposed project region is in non-attainment under an applicable federal or State AAQS. As a result, impacts would be less than significant with mitigation. c) Expose sensitive receptors to substantial pollutant concentrations? Construction of the proposed project may expose surrounding sensitive receptors to airborne particulates, as well as a small quantity of construction equipment pollutants (i.e., usually diesel-fueled vehicles and equipment). However, construction contractors would be required to implement measures to reduce or eliminate emissions by following the 23 Regulation VIII, Fugitive PM10 Prohibitions as required by Mitigation Measure AIR-1. Project construction emissions would be below the SJVAPCD significance thresholds. Once the proposed project is constructed, the proposed project would not be a significant source of long-term operational emissions. Therefore, sensitive receptors would not be exposed to substantial pollutant concentrations during project operation. Impacts would be less than significant with mitigation. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? During construction, the various diesel-powered vehicles and equipment in use on the site would create localized odors. These odors would be temporary and are not likely to be noticeable for extended periods of time beyond the project site. The potential for diesel odor impacts is therefore considered less than significant. In addition, the proposed uses that would be developed within the project site are not expected to produce any offensive odors that would result in frequent odor complaints. The proposed project would not create objectionable odors affecting a substantial number of people during project construction or operation, and this impact would be less than significant. No mitigation is required. Mitigation Measures Mitigation Measure AIR-1: Consistent with SJVAPCD Regulation VIII (Fugitive PM10 Prohibitions), the following controls are required to be included as specifications for the proposed project and implemented at the construction site: • All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. • All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. • All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. • When materials are transported off site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained. • All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) 24 • Following the addition of materials to, or the removal of materials from, the surface of out-door storage piles, said piles shall be effectively stabilized of fugitive dust emission utilizing sufficient water or chemical stabilizer/suppressant. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES – Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X 25 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X DISCUSSION Project Setting. The project site is located along the eastern portion of the San Joaquin Valley floor in the Fresno County in the northeastern quarter of the United States Geological Survey (USGS) Fresno North, California, 7.5-minute topographic quadrangle map (refer to Figure 1). The project site is located within the San Joaquin Valley Sub-region of the California Floristic Province and within the Gates Lake watershed (Hydrologic Unit Code # 180300090701). The project site is flat with almost no topographic variation and is at approximately 350 feet (92 meters) above mean sea level in elevation. There are no natural drainage features, depressional wetlands, or riparian areas present within the project site. Methods. LSA biologists conducted a literature review and records search to identify the existence and potential for occurrence of sensitive or special-status plant and animal species in the vicinity of the project site. Federal and State lists of sensitive species were also examined. Current electronic database records reviewed included the following: • California Natural Diversity Data Base information (CNDDB), which is administered by the California Department of Fish and Wildlife (CDFW), formerly known as the California Department of Fish and Game (CDFG). This database covers sensitive plant and animal species as well as sensitive natural communities that occur in California. Records from nine United States Geological Survey (USGS) quadrangles surrounding the project site (Fresno South, Malaga, Conejo, Caruthers, Raisin, Kearney Park, Herndon, Fresno North, and Clovis) were obtained from this database to inform the field survey. • California Native Plant Society’s (CNPS) Electronic Inventory of Rare and 26 Endangered Vascular Plants, which utilizes four specific categories or “lists” of sensitive plant species to assist with the conservation of rare or endangered botanical resources. All the plants constituting California Rare Plant Ranks (CRPR) 1A, 1B, 2A, and 2B are intended to meet the status definitions of “threatened” or “endangered” in the California Endangered Species Act (CESA) and the California Fish and Game Code and are considered by CNPS to be eligible for State listing. At the discretion of the CEQA lead agency, impacts to these species may be analyzed as such, pursuant to the State CEQA Guidelines Sections 15125(c) and 15380. Plants in Rank 3 (limited information; review list), Rank 4 (limited distribution; watch list), or that are considered Locally Unusual and Significant may be analyzed under CEQA if there is sufficient information to assess potential significant impacts. Records from the nine USGS quadrangles surrounding the project site were obtained from this database to inform the field survey. • United States Fish and Wildlife Service’s (USFWS) Information for Planning and Conservation (IPaC) Online System, which lists all proposed, candidate, threatened, and endangered species managed by the Endangered Species Program of the USFWS that have the potential to occur on or near a particular site. This database also lists all known critical habitats, national wildlife refuges, and migratory birds that could potentially be impacted by activities from a proposed project. An IPaC Trust Resource Report was generated for the project area. • Designated and Proposed USFWS Critical Habitat Polygons were reviewed to determine whether critical habitat has been designated or proposed within or in the vicinity of the project site. • The USFWS National Wetlands Inventory was reviewed to determine whether any wetlands or surface waters of the United States have been previously identified in the survey area. • eBird: eBird is a real-time, online checklist program launched in 2002 by the Cornell Lab of Ornithology and National Audubon Society. It provides rich data sources for basic information on bird abundance and distribution at a variety of spatial and temporal scales. eBird occurrence records within the project site and a 5-mile radius around the project site were reviewed in April 2022. In addition to the databases listed above, historic and current aerial imagery, existing environmental reports for developments in the project vicinity, and local land use policies related to biological resources were reviewed. Field Survey. A general biological survey of the project site was conducted by LSA Biologist Kelly McDonald on April 8, 2022. The project site was surveyed on foot, and all biological resources observed were noted and mapped. The field survey took place on a sunny day with weather conditions conducive to the detection of plant and animal species. 27 Vegetation. The project site is strictly upland in nature with scattered ruderal/invasive plant species and is mostly disturbed/barren ground. No trees or shrubs are present within the site. Ongoing soil disturbance and the resulting competitive exclusion by invasive nonnative plants limit the potential for native flora to occur within the project site. No native or special-status vegetation communities exist within the project site. A total of 10 vascular plant species were identified within the project site during the April 2022 field survey. All 10 plant species represent nonnative taxa, reflecting a high level of disturbance within the project site. Wildlife. A total of three wildlife species were observed, killdeer (Charadrius vociferus), mourning dove (Zenaida macroura), and northern mockingbird (Mimus polyglottos), within the project site. Each of these species commonly occur in and around urban developments. a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Special-Status Natural Communities. No special-status natural communities or conservation areas exist within the project site or in adjacent parcels. The project site is completely isolated and distant from all special-status natural communities that occur in the region. Therefore, no special-status natural community would be impacted by the proposed project. Special-Status Plants. Fourteen special-status vascular plant species are known to occur in general project vicinity. No special-status plants have been documented within the project site or in adjacent parcels. The rare plant species that were identified in the literature review have specialized habitat requirements (i.e., they occur on predominantly alkaline soils, woodland, riparian, or wetland habitats, etc.) that do not occur within the project site. Historic anthropogenic disturbances have greatly altered the natural hydrologic regimes and have either eliminated or greatly impacted the pre-settlement habitats needed to support the special-status plant species identified in the CNDDB and CNPS queries. As such, the specific habitats, soil substrates or “micro-climates” necessary for special-status plant species to occur are absent within the boundaries of the project site. Based on site observations coupled with the habitat suitability analysis, no special-status plant species are expected to occur within the project site. It is also unlikely that any source populations exist in adjacent or nearby parcels. Therefore, special-status plants would not be impacted by the proposed project. Special-Status Animals. Thirty-five special-status animal species are known to occur in the region and are considered absent or unlikely to occur on the project site. The historic anthropogenic disturbances within the project site and adjacent parcels (i.e., roads, 28 residential development, etc.) have greatly altered, eliminated, or impacted the pre- settlement habitats needed to support the special-status animal species identified in the CNDDB and USFWS queries. There are no known occurrences of any special-status animal species within the project site, and none were observed during the April 2022 field survey. The project site has the potential to support the ground-nesting and disturbance-tolerant bird species such as killdeer and mourning dove, which were observed within project site during the April 2022 survey. Nearly all native birds are protected by the Federal Migratory Bird Treaty Act, the California Migratory Bird Protection Act, and the California Fish and Game Code. Construction activities that occur during the nesting bird season (typically February 1 through August 31) have potential to result in the mortality/disturbance of nesting birds. If unmitigated or unavoided, potential impacts on nesting birds could be considered potentially significant. However, conducting a pre-construction survey and avoiding disturbance to any active bird nest(s) would ensure that no impacts to protected nesting birds would occur. Therefore, implementation of Mitigation Measures BIO-1 and BIO-2 would effectively mitigate any impacts on special-status species to less-than-significant levels. Critical Habitat. The project site is not located within or adjacent to critical habitat. Therefore, the project would not result in any impacts to critical habitat, and no mitigation is required. Summary. No special-status plant or animal species would be impacted the proposed project. However, the proposed project has potential to impact nesting birds, which are protected under the Migratory Bird Treaty Act and California Fish and Game Code. With implementation of Mitigation Measures BIO-1 and BIO-2 impacts on nesting birds would be avoided and the project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? No riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulation by the CDFW or USFWS is present on the site. The project would be constructed within previously disturbed and barren areas surrounded by urban development. Therefore, implementation of the proposed project would have no impact related to a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the CDFW or the USFWS. No mitigation is required. 29 c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? The project site is strictly upland in nature and there are no records of wetlands or potential jurisdictional drainage features existing within the project site or within the vicinity of the project site. There would be no impact on state or federally protected wetlands, and no mitigation is required. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The project site is isolated from natural areas and is surrounded by existing residential developments, roads, and other anthropogenic land uses. Furthermore, the site does not contain habitat that would serve as an important corridor for animals moving locally, regionally, or in broader migrations. The wildlife species that could occur in the project vicinity are adapted to the urban-wildland interface. The noise, vibration, light, dust, or human disturbance within construction areas would only temporarily deter wildlife from using areas in the immediate vicinity of construction activities. These indirect effects could temporarily alter migration behaviors, territories, or foraging habitats in select areas. However, because these are temporary effects, it is likely that wildlife already living and moving in close proximity to urban development would alter their normal functions for the duration of the project construction and then reestablish these functions once all temporary construction effects have been removed. The proposed project would not place any permanent barriers within any known wildlife movement corridors or interfere with habitat connectivity. No adverse effects on wildlife movement are anticipated, and this impact would be less than significant. No mitigation is required. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No sensitive species or habitat are located within the project site. Trees subject to local ordinances are also absent from the project site. Therefore, the project would not conflict with any local policies or ordinances protecting biological resources, and no mitigation is required. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The PG&E San Joaquin Valley Operation and Maintenance (O&M) Habitat Conservation Plan (HCP) was approved in 2007 and covers portions of nine counties, including Fresno County and the City of Fresno. This HCP covers PG&E activities which occur as a result of ongoing O&M that would have an adverse impact on any of the 65 covered species 30 and provides incidental take coverage from the USFWS and CDFW. The project site is not located within a designated HCP reserve area and the project would not impact any covered species. Therefore, the project would not conflict with the provisions of the PG&E HCP or any other regional conservation plan. No mitigation is required. Mitigation Measures Mitigation Measure BIO-1: If project construction activities occur during nesting season (between February 1 and August 31), a qualified biologist shall conduct pre- construction surveys for active bird nests at the project site within 14 days of the onset of these activities. Mitigation Measure BIO-2: Should any active nests be discovered in or near proposed construction zones, the biologist shall identify a suitable construction-free buffer around the nest. This buffer shall be identified with flagging or fencing (or otherwise clearly demarcated) and shall be maintained until the biologist has determined that the nest is no longer active. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact V. CULTURAL RESOURCES – Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? X c) Disturb any human remains, including those interred outside of formal cemeteries? X 31 DISCUSSION A Cultural Resource Assessment 3 was prepared for the proposed project by Peak & Associates, Inc., which is included as Appendix B. The Cultural Resource Assessment included a records search at the California Historical Resources Information System (CHRIS) Southern San Joaquin Valley Information Center (SSJVIC) to identify prior cultural resource studies and previously recorded cultural resources in the project area, additional background research, and a pedestrian field survey of the project area. The analysis in this Cultural Resources section is based on the results of the Cultural Resource Assessment. a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? A historical resource defined by CEQA includes one or more of the following criteria: 1) the resource is listed, or found eligible for listing in, the California Register of Historical Resources (CRHR); 2) listed in a local register of historical resources as defined by Public Resources Code (PRC) Section 5020.1(k); 3) identified as significant in a historical resources survey meeting the requirements of PRC Section 5024.1(g); or 4) determined to be a historical resource by the project’s lead agency (PRC Section 21084.1; CEQA Guidelines Section 15064.(a)). Under CEQA, historical resources include built- environment resources and archaeological sites. The proposed project would include the demolition of two existing on-site structures, including a 923-square-foot single-family dwelling unit and a 464-square-foot unattached garage at 49 West Fir Street. As discussed in the Cultural Resource Assessment, these buildings are over 50 years of age; therefore, they are recorded and evaluated for significance under the criteria of the California Register of Historical Resources (CRHR). For the purposes of CEQA, an historical resource is a resource listed in, or determined eligible for listing in the California Register of Historical Resources. When a project will impact a site, it needs to be determined whether the site is an historical resource. The criteria are set forth in Section 15064.5(a) (3) of the CEQA Guidelines, and are defined as any resource that does any of the following: A. Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; B. Is associated with the lives of persons important in our past; C. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or D. Has yielded, or may be likely to yield, information important in prehistory or history. 3 Peak & Associates, Inc., 2022. Cultural Resource Assessment for the Valley Health Team Project Area, Pinedale, County of Fresno, California. March 3. 32 In addition, the CEQA Guidelines, Section 15064.5(a) (4) states that the fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to section 5020.1(k) of the Public Resources Code), or identified in an historical resources survey (meeting the criteria in section 5024.1(g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code section 5020.1(j) or 5024.1. Under CRHR Criterion A, the site must “be associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage.” The Cultural Resource Assessment found that the residence and detached garage do not appear to be associated with any specific, significant contribution. For a property to be eligible under Criterion B of the CRHR, the features must be associated with persons important in the past. The Cultural Resource Assessment determined that there is no evidence to suggest that the residence and detached garage were ever associated with a significant person in our past. For CRHR Criterion C, the resource must embody “the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.” As discussed in the Cultural Resource Assessment, Minimal Traditional Style homes represented the one of the most economical to build residential unit layouts available and was widely advertised as such during the 1930s and 1940s. The Cultural Resource Assessment concluded that the residence at 49 West Fir Avenue is a slightly less typical, but still very common, example of this widely built subtype. For Criterion D, there were no associated archeological deposits observed during the field inspection and recordation and it is unlikely given the degree of ground disturbance surrounding the buildings that a buried, undiscovered deposit would be present. As such, based on Criteria A through D, the Cultural Resource Assessment found that the residence and garage do not meet the CRHR criteria to be considered a historical resource. Therefore, the proposed project would not cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5. Impacts would be less than significant. No mitigation is required. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? According to the State CEQA Guidelines, “When a project will impact an archaeological site, a lead agency shall first determine whether the site is an historical resource” (State CEQA Guidelines Section 15064.5(c)(1)). Those archaeological sites that do not qualify as historical resources shall be assessed to determine if these qualify as “unique archaeological resources” (California PRC Section 21083.2). 33 The Cultural Resource Assessment found that there were no associated archeological deposits observed during the field inspection and recordation and it is unlikely given the degree of ground disturbance surrounding the buildings that a buried, undiscovered deposit would be present. However, there is a potential for unknown archaeological resources to be discovered during construction. Mitigation Measure CUL-1 requires that if unknown archaeological resources are discovered during construction, work in the area would halt and a qualified archaeologist would be contacted and consulted regarding how to appropriately address the situation. This would minimize or eliminate any potential for an adverse change to the significance of any discovered archaeological resources. Therefore, adherence to the requirements in Mitigation Measure CUL-1 would reduce potential impacts to a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 to less than significant with mitigation. c) Disturb any human remains, including those interred outside of formal cemeteries? Disturbance of human remains interred outside of formal cemeteries would result in a significant impact. As discussed in the Cultural Resource Assessment, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area suspected to overlie adjacent remains until the Fresno County Coroner has determined that the remains are not subject to any provisions of law concerning investigation of the circumstances, manner and cause of death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains. If the Fresno County Coroner determines that the remains are not subject to his or her authority and if the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC). After notification, the NAHC will follow the procedures outlined in Public Resources Code Section 5097.98, that include notification of most likely descendants (MLDs), and recommendations for treatment of the remains. The MLDs will have 24 hours after notification by the NAHC to make their recommendations (PRC Section 5097.98). Adherence to the requirements in Mitigation Measure CUL-2 would reduce potential impacts to unknown human remains to less than significant with mitigation. Mitigation Measures Mitigation Measure CUL-1: In the event the event that archaeological resources are identified during project activities, work should be halted immediately within 50 feet of 34 the find until a qualified professional archaeologist is contacted to assess the nature and significance of the find and determine if any additional study or treatment of the find is warranted. The archaeologist should develop proper mitigation measures required for the discovery per California Code of Regulations, Title 14, Chapter 3, Section 15064.5(f). Additional studies could include, but would not be limited to, collection and documentation of artifacts, documentation of the cultural resources on State of California Department of Parks and Recreation Series 523 forms, or subsurface testing. If determined appropriate by the qualified archaeologist, archaeological monitoring should commence and continue until grading and excavation are complete or until the monitoring archaeologist determines, based on field observations and in consultation with the qualified archaeologist, that there is little likelihood of encountering additional archaeological cultural resources. Archaeological monitoring may be reduced from full-time to part-time or spot-checking if determined appropriate by the qualified archaeologist based on monitoring results. Upon completion of any monitoring activities, the archaeologist should prepare a report to document the methods and results of monitoring activities. The final version of this report should be submitted to the Southern San Joaquin Valley Information Center. Mitigation Measure CUL-2: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. 35 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VI. ENERGY – Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? X b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? X DISCUSSION a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? The proposed project would increase the demand for electricity, natural gas, and gasoline. The discussion and analysis provided below is based on data included in the CalEEMod output, which is included in Appendix A. Construction-Period Energy Use. The anticipated construction schedule assumes that the proposed project would be built over approximately 12 to 14 months. The proposed project would require demolition, grading, site preparation, and building activities during construction. Construction of the proposed project would require energy for the manufacture and transportation of construction materials, preparation of the site for demolition and grading activities, and construction of the residences. Petroleum fuels (e.g., diesel and gasoline) would be the primary sources of energy for these activities. Construction activities are not anticipated to result in an inefficient use of energy as gasoline and diesel fuel would be supplied by construction contractors who would conserve the use of their supplies to minimize their costs on the project. Energy usage on the project site during construction would be temporary in nature and would be relatively small in comparison to the State’s available energy sources. Therefore, the proposed project would result in a less-than- significant impact during project construction. Operational Energy Use. Energy use consumed by the proposed project would be associated with natural gas use, electricity consumption, and fuel used for vehicle and 36 truck trips associated with the project. Energy and natural gas consumption was estimated for the project using default energy intensities by land use type in CalEEMod. In addition, the proposed building would be constructed to 2019 Title 24 standards, which was included in CalEEMod inputs. Electricity and natural gas usage estimates associated with the proposed project are shown in Table 3. In addition, the proposed project would result in energy usage associated with gasoline to fuel project-related trips. Based on the CalEEMod analysis, the proposed project would result in approximately 794,624 vehicle miles traveled (VMT) per year. The average fuel economy for light‐duty vehicles (autos, pickups, vans, and SUVs) in the United States has steadily increased from about 14.9 miles per gallon (mpg) in 1980 to 22.9 mpg in 2020.4 Therefore, using the average fuel economy estimates for 2020 the proposed project would result in the consumption of approximately 34,699 gallons of fuel (gasoline and diesel) per year. Table 3 shows the estimated potential increased electricity and natural gas demand, and fuel consumption associated with the proposed project. Table 3: Estimated Annual Energy Use of Proposed Project Land Use Electricity Use (kWh per year) Natural Gas Use (therms per year) Fuel Consumption (gallons per year) Medical Office Building 103,428 1,512 34,699 Parking Lot 7,840 0 0 Total 111,268 1,512 34,699 Source: LSA (May 2022). kWh = kilowatt-hours As shown in Table 3, the estimated potential increased electricity demand associated with the proposed project is 111,268 kilowatt-hours (kWh) per year. In 2020, California consumed approximately 279,510 gigawatt-hours (GWh) or 279,510,007,246 kWh.5 Of this total, Fresno County consumed 8,017 GWh or 8,017,830,742 kWh.6 Therefore, electricity demand associated with the proposed project would only be approximately <0.1 percent of Fresno County’s total electricity demand. The estimated potential increased natural gas demand associated with the proposed project is 1,512 therms per year, as shown in Table 3. In 2020, California consumed approximately 12,331,530,178 therms, while Fresno County consumed approximately 325 million therms or approximately 325,915,257 therms.7 Therefore, natural gas demand associated with the proposed project would only be approximately <0.1 percent of Fresno County’s total natural gas demand. 4 U.S. Department of Transportation (DOT). “Table 4‐23: Average Fuel Efficiency of U.S. Light Duty Vehicles.” Website: https://www.bts.gov/content/average-fuel-efficiency-us-light-duty-vehicles (accessed May 2022). 5 California Energy Commission (CEC), 2021. Energy Consumption Data Management Service. Electricity Consumption by County. Website: www.ecdms.energy.ca.gov/elecbycounty.aspx (accessed May 2022). 6 Ibid. 7 CEC, 2021. Energy Consumption Data Management Service. Gas Consumption by County. Website: www.ecdms.energy.ca.gov/gasbycounty.aspx (accessed May 2022). 37 In addition, the proposed project would result in energy usage associated with gasoline and diesel to fuel project-related trips. As shown above in Table 3, vehicle trips associated with the proposed project would consume approximately 34,699 gallons of fuel per year. Based on fuel consumption obtained from EMFAC2021, approximately 157 million gallons of diesel and approximately 375 million gallons of gasoline will be consumed from vehicle trips in Fresno County in 2022. Therefore, gasoline and diesel fuel demand generated by vehicle trips associated with the proposed project would be a minimal fraction of gasoline and diesel fuel consumption in California. In addition, proposed new development would be constructed using energy efficient modern building materials and construction practices, and the proposed project also would use new modern appliances and equipment, in accordance with the Appliance Efficiency Regulations (Title 20, CCR Sections 1601 through 1608). The expected energy consumption during construction and operation of the proposed project would be consistent with typical usage rates for medical uses. PG&E is the private utility that would supply the proposed project’s electricity and natural gas services. In 2021, a total of 50 percent of PG&E’s delivered electricity came from renewable sources, including solar, wind, geothermal, small hydroelectric and various forms of bioenergy.8 PG&E reached California’s 2020 renewable energy goal in 2017, and is positioned to meet the State’s 60 percent by 2030 renewable energy mandate set forth in Senate Bill (SB) 100. In addition, PG&E plans to continue to provide reliable service to their customers and upgrade their distribution systems as necessary to meet future demand. Therefore, the proposed project would result in a less-than-significant impact during project operation. As such, the proposed project would not result in a potential significant impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation. No mitigation is required. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? In 2002, the Legislature passed Senate Bill 1389, which required the California Energy Commission (CEC) to develop an integrated energy plan every two years for electricity, natural gas, and transportation fuels, for the California Energy Policy Report. The plan calls for the State to assist in the transformation of the transportation system to improve air quality, reduce congestion, and increase the efficient use of fuel supplies with the least environmental and energy costs. To further this policy, the plan identifies a number of strategies, including assistance to public agencies and fleet operators in implementing incentive programs for zero emission (ZE) vehicles and their infrastructure needs, and 8 PG&E, 2021. Exploring Clean Energy Solutions. https://www.pge.com/en_US/about-pge/environment/ what-we-are-doing/clean-energy-solutions/clean-energy-solutions.page?WT.mc_id=Vanity_clean energy (accessed May 2022). 38 encouragement of urban designs that reduce VMT and accommodate pedestrian and bicycle access. The most recently CEC adopted energy reports are the 2021 Integrated Energy Policy Report 9 and 2022 Integrated Energy Policy Report Update 10. The Integrated Energy Policy Reports provide the results of the CEC’s assessments of a variety of energy issues facing California. Many of these issues will require action if the State is to meet its climate, energy, air quality, and other environmental goals while maintaining energy reliability and controlling costs. The Integrated Energy Policy Reports cover a broad range of topics, including implementation of Senate Bill 350, integrated resource planning, distributed energy resources, transportation electrification, solutions to increase resiliency in the electricity sector, energy efficiency, transportation electrification, barriers faced by disadvantaged communities, demand response, transmission and landscape-scale planning, the California Energy Demand Preliminary Forecast, the preliminary transportation energy demand forecast, renewable gas (in response to Senate Bill 1383), updates on Southern California electricity reliability, natural gas outlook, and climate adaptation and resiliency. As indicated above, the proposed project would not result in wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. Because California’s energy conservation planning actions are conducted at a regional level, and because the proposed project’s total impact to regional energy supplies would be minor, the proposed project would not conflict with California’s energy conservation plans as described in the CEC’s Integrated Energy Policy Reports. Impacts would be less than significant, and no mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to energy, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VII. GEOLOGY AND SOILS – Would the project: a) Directly or Indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: 9 California Energy Commission, 2021. 2021 Integrated Energy Policy Report. California Energy Commission. Docket # 21-IEPR-01. 10 California Energy Commission, 2022. 2022 Integrated Energy Policy Report Update. California Energy Commission. Docket # 22-IEPR-01. 39 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? X f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X 40 DISCUSSION a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Fault ruptures are generally expected to occur along active fault traces that have exhibited signs of recent geological movement (i.e., 11,000 years). Alquist- Priolo Earthquake Fault Zones delineate areas around active faults with potential surface fault rupture hazards that would require specific geological investigations prior to approval of certain kinds of development within the delineated area. The project site is not located within an Alquist-Priolo Earthquake Fault Zone. In addition, no known active or potentially active faults or fault traces are located in the project vicinity. The closest active faults are the Nunez Fault, located approximately 56 miles from the project site, and the Ortigalita Fault, located approximately 61 miles from the project site. Due to the distance of these known faults, no people or structures would be exposed to potential substantial adverse effects, including the risk of loss, injury, or death from the rupture of a known earthquake fault as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map. Therefore, a less-than-significant impact related to rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault would occur. No mitigation is required. ii. Strong seismic ground shaking? The City of Fresno is located in an area with historically low to moderate level of seismicity. However, strong ground shaking could occur within the project site during seismic events and occurrences have the possibility to result in significant impacts. Major seismic activity along the Nunez Fault or the Ortigalita Fault, or other associated faults, could affect the project site through seismic ground shaking. Strong seismic ground shaking could potentially cause structural damage to the proposed project. However, due to the distance to the known faults, hazards due to ground shaking would be minimal. In addition, compliance with the California Building Code (Title 24, California Code of Regulations) would ensure that the geotechnical design of the proposed project would reduce potential impacts related to strong seismic ground shaking to a less-than- significant impact. No mitigation is required. 41 iii. Seismic-related ground failure, including liquefaction? Soil liquefaction is a phenomenon primarily associated with saturated soil layers located close to the ground surface. During ground shaking, these soils lose strength and acquire “mobility” sufficient to permit both horizontal and vertical movements. Soils that are most susceptible to liquefaction are clean, loose, uniformly graded, saturated, fine-grained sands that lie relatively close to the ground surface. However, loose sands that contain a significant amount of fines (silt and clay) may also liquefy. Based on the predicted seismic accelerations, and soil and groundwater conditions typically encountered in the region, seismic settlement, lateral spread, and general liquefaction potential is low in the Fresno Planning Area. Furthermore, compliance with the Fresno Municipal Code and the California Building Code would ensure potential impacts associated with seismic-related ground failure would be less than significant. No mitigation is required. iv. Landslides? A landslide generally occurs on relatively steep slopes and/or on slopes underlain by weak materials. The City of Fresno Planning Area is located within an area that consists of mostly flat topography within the Central Valley. Accordingly, there is no risk of large landslides in the majority of the Planning Area. However, there is the potential for landslides and slumping along the steep banks of rivers, such as the San Joaquin River bluff, creeks, drainage basins and the many unlined basins and canals that trend throughout the Planning Area. The project site is located on a relatively flat area and is not located next to any hills or within 300 feet of the San Joaquin River bluff, unlined basins, or canals. Therefore, the potential for the proposed project to expose people or structures to risk as a result of landslides would be less than significant. No mitigation is required. b) Result in substantial soil erosion or the loss of topsoil? The total project site is 1.23 acres, which would be disturbed/developed during proposed grading and construction activities. Grading and earthmoving during project construction has the potential to result in erosion and loss of topsoil. Exposed soils could be entrained in stormwater runoff and transported off the project site. However, this impact would be reduced to a less-than-significant level through compliance with water quality control measures, which include preparation of a Stormwater Pollution Prevention Plan (SWPPP) (refer to Section X, Hydrology and Water Quality). Although designed primarily to protect stormwater quality, the SWPPP would incorporate Best Management Practices (BMPs) to minimize erosion. Additional details regarding the SWPPP are provided in Section X, Hydrology and Water Quality of this Initial Study. Impacts related to substantial soil erosion or the loss of topsoil would be less than significant. No mitigation is required. 42 c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? As described in discussion a) in this section, soils on the project site would not be subject to liquefaction, lateral spreading, or landslides. Additionally, the proposed project would be required to conform with the California Building Code, which would reduce risks related to unstable soils. Therefore, the proposed project would have a less-than-significant impact related to the potential to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- site landslide, lateral spreading, subsidence, liquefaction, or collapse. No mitigation is required. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property? Expansive soils are characterized by the potential for shrinking and swelling as the moisture content of the soil decreases and increases, respectively. Shrink-swell potential is influenced by the amount and type of clay minerals present and can be measured by the percent change of the soil volume. The project site contains San Joaquin loam, a soil with relatively low clay content and shrink-swell potential.11 Furthermore, compliance with the California Building Code requirements would ensure that geotechnical design of the proposed project would reduce potential impacts related to expansive soils to a less-than- significant level. As such, the risk of expansive soil affecting the proposed project is considered low. Impacts to expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property would be less than significant. No mitigation is required. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Wastewater services for the proposed project would be provided by the PCWD. Development of the proposed project would not involve the use of septic tanks or alternative wastewater disposal systems. Therefore, the proposed project would have no impact related to soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. No mitigation is required. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 11 Natural Resources Conservation Service. Web Soil Survey. Available online at: https://websoilsurvey. sc.egov.usda.gov/App/WebSoilSurvey.aspx (accessed May 2022). 43 No paleontological resources or unique geological features are known to exist within or near the project site, and the proposed project is not expected to alter or destroy a paleontological resource, site, or unique geologic feature. Furthermore, the proposed project would not require excavation to depths that have not already been disturbed by previous construction. Therefore, the proposed project is not expected to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Impacts would be considered less than significant. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to geology and soils, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VIII. GREENHOUSE GAS EMISSIONS – Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X DISCUSSION a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Greenhouse gas emissions (GHGs) are present in the atmosphere naturally, and are released by natural sources, or are formed from secondary reactions taking place in the atmosphere. However, over the last 200 years, human activities have caused substantial quantities of GHGs to be released into the atmosphere. These extra emissions are increasing GHG concentrations in the atmosphere, and enhancing the natural greenhouse effect, which is believed to be causing global climate change. The gases that are widely seen as the principal contributors to human-induced global climate change are: • Carbon dioxide (CO2) • Methane (CH4) 44 • Nitrous oxide (N2O) • Hydrofluorocarbons • Perfluorocarbons • Sulfur Hexafluoride Certain gases, such as water vapor, are short-lived in the atmosphere. Others remain in the atmosphere for significant periods of time, contributing to climate change in the long term. Water vapor is excluded from the list of GHGs above because it is short-lived in the atmosphere and its atmospheric concentrations are largely determined by natural processes, such as oceanic evaporation. These gases vary considerably in terms of Global Warming Potential (GWP), which is a concept developed to compare the ability of each GHG to trap heat in the atmosphere relative to another gas. GWP is based on several factors, including the relative effectiveness of a gas to absorb infrared radiation and the length of time that the gas remains in the atmosphere (“atmospheric lifetime”). The GWP of each gas is measured relative to CO2, the most abundant GHG; the definition of GWP for a particular GHG is the ratio of heat trapped by one unit mass of the GHG to the ratio of heat trapped by one unit mass of CO2 over a specified time period. GHG emissions are typically measured in terms of pounds or tons of “CO2 equivalents” (CO2e). The State CEQA Guidelines indicate that a project would normally have a significant adverse green-house gas emission impact if the project would: • Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; or • Conflict with an applicable plan, policy, or regulation adopted for the purpose of reduction the emissions of greenhouse gases. Section 15064.4 of the State CEQA Guidelines states that: “A lead agency should make a good-faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of greenhouse gas emissions resulting from a project.” In performing that analysis, the lead agency has discretion to determine whether to use a model or methodology to quantify GHG emissions, or to rely on a qualitative analysis or performance-based standards. In making a determination as to the significance of potential impacts, the lead agency then considers the extent to which the project may increase or reduce GHG emissions as compared to the existing environmental setting, whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project, and the extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions. Therefore, consistent with the State CEQA Guidelines, Section 15183.5, if a project is consistent with an adopted qualified Greenhouse Gas Reduction Strategy that meets the standards, it can be presumed that the project would not have significant GHG emission impacts. 45 The City of Fresno’s GHG Reduction Plan was adopted in December 2014 to reduce local community GHG emissions to 1990 levels by the year 2020, consistent with the State objectives set forth in AB 32. The City’s 2014 GHG Reduction Plan meets the requirements for a Qualified Greenhouse Gas Reduction Strategy and is designed to streamline environmental review of future development projects in the City, consistent with State CEQA Guidelines Section 15183.5. The City of Fresno updated its 2014 GHG Reduction Plan in the year 2021 to conform with existing applicable State climate change policies and regulations to reduce local community GHG emissions to 40 percent below 1990 levels by the year 2030, consistent with the State objectives set by SB 32. The GHG Plan Update outlines strategies that the City will undertake to achieve its proportional share of GHG emission reductions. The GHG Reduction Plan Update includes a Consistency Checklist to help the City provide a streamlined review process for new development projects that are subject to discretionary review pursuant to CEQA. This analysis evaluates the proposed project’s consistency with the City’s GHG Reduction Plan Update. The GHG Reduction Plan Update includes a Consistency Checklist to help the City provide a streamlined review process for new development projects that are subject to discretionary review pursuant to CEQA. The City’s GHG Reduction Plan Update has not yet been adopted; however, for purposes of this analysis, the proposed project’s GHG emissions would not be considered a significant impact if the proposed project would be consistent with the City’s GHG Reduction Plan Update. Projects that meet the requirements of the Consistency Checklist will be deemed to be consistent with the Fresno GHG Reduction Plan Update and will be found to have a less- than-significant contribution to cumulative GHG emissions (i.e., the project’s incremental contribution to cumulative GHG effects is not cumulatively considerable), pursuant to CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). Projects that do not meet the requirements in the Consistency Checklist will be deemed to be inconsistent with the Fresno GHG Reduction Plan Update and must prepare a project-specific analysis of GHG emissions, including quantification of existing and projected GHG emissions and incorporation of the measures in the Consistency Checklist to the extent feasible. In addition, as the proposed project would require a General Plan Amendment and rezone, the GHG Reduction Plan requires the estimated GHG emissions under both the proposed project and the maximum buildout of the existing designation. Based on the existing Residential Single-Family, Medium Density (RS-5) designation, the maximum buildout of the existing designation would be 11 single-family residential units. Table 4 provides a comparison of the estimated CO2e per year from the proposed project’s operational activities under the maximum buildout of the existing single-family homes and the proposed project. 46 Table 4: Comparison of Project and Existing Designation GHG Emissions Emissions Source GHG Emissions (Metric Tons CO2e per Year) Existing Designation Proposed Project Area Source Emissions 10.5 <0.1 Energy Source Emissions 22.4 18.5 Mobile Source Emissions 110.4 292.9 Waste Source Emissions 5.6 63.6 Water Source Emissions 1.5 3.0 Total Operational Emissions 150.4 377.9 Source: LSA (May 2022). CO2e = carbon dioxide equivalents GHG = greenhouse gas As shown in Table 4, the proposed project’s estimated maximum buildout of the existing single-family homes annual GHG emissions is approximately 150.4 metric tons of CO2e and the proposed project’s estimated annual GHG emissions are approximately 377.9 metric tons of CO2e. GHG emissions associated with proposed project would be greater than the estimated project emissions at maximum buildout of the existing designation; however, the proposed project would result in development on an infill site and would provide medical, physical, psychological services in an underserved area of Pinedale resulting in shorter trip lengths and increased access to essential services. In addition, by locating the proposed Valley Health Team facility within the community of Pinedale, it is assumed that patients and visitors would walk to the proposed project. In addition, the proposed project would be located within 1,000 feet of the City of Fresno bus rapid transit system (BRT). Furthermore, it is assumed that telemedicine appointments would account for approximately 25 percent of all appointments. Therefore, the proposed project would support the ability to use alternative modes of transportation, would promote initiatives to reduce vehicle trips and VMT, and would increase the use of alternate means of transportation. Table 5 shows the estimated emissions considering 10 percent bus trips, 25 percent telemedicine appointments, and assuming a two-mile trip length as the community of Pinedale is approximately two square miles. As shown in Table 5, with consideration of reduced vehicle trips and VMT, the proposed project’s estimated annual GHG emissions are approximately 140.3 metric tons of CO2e, which is less than the proposed project’s estimated maximum buildout of the existing single-family homes annual GHG emissions is approximately 150.4 metric tons of CO2e. Table 5: Project GHG Emissions - Reduced Vehicle Trips and Vehicle Miles Traveled Emissions Source GHG Emissions (Metric Tons CO2e per Year) Area Source Emissions <0.1 Energy Source Emissions 18.5 Mobile Source Emissions 55.2 Waste Source Emissions 63.6 Water Source Emissions 3.0 Total Operational Emissions 140.3 Source: LSA (August 2022). CO2e = carbon dioxide equivalents GHG = greenhouse gas 47 In addition, as stated above, the GHG Reduction Plan Update includes a Consistency Checklist to help the City provide a streamlined review process for new development projects that are subject to discretionary review pursuant to CEQA. The project’s Consistency Checklist is included in Appendix C. As shown in the Consistency Checklist, the proposed project would be consistent with the applicable strategies from the GHG Reduction Plan Update. Therefore, the proposed project would not generate GHG emissions, either directly or indirectly, that may have a significant effect on the environment and impacts would be less than significant. No mitigation is required. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The SJVAPCD has adopted a Climate Change Action Plan (CCAP), which includes suggested best performance standards (BPS) for proposed development projects. However, the SJVAPCD’s CCAP was adopted in 2009 and was prepared based on the State’s 2020 GHG targets, which are now superseded by State policies (i.e., the 2019 California Green Building Code) and the 2030 GHG targets, established in SB 32. As discussed above, the proposed project is consistent with the City’s GHG Reduction Plan Update. In addition, the proposed project was analyzed for consistency with the goals of AB 32 and the AB 32 Scoping Plan. The following discussion evaluates the proposed project according to the goals of AB 32, the AB 32 Scoping Plan, Executive Order (EO) B 30 15, SB 32, and AB 197. AB 32 is aimed at reducing GHG emissions to 1990 levels by 2020. AB 32 requires the California Air Resources Board (CARB) to prepare a Scoping Plan that outlines the main State strategies for meeting the 2020 deadline and to reduce GHGs that contribute to global climate change. The AB 32 Scoping Plan has a range of GHG reduction actions, which includes direct regulations, alternative compliance mechanisms, monetary and non-monetary incentives, voluntary actions, market-based mechanisms such as a cap- and-trade system, and an AB 32 implementation fee to fund the program. EO B-30-15 added the immediate target of reducing GHG emissions to 40 percent below 1990 levels by 2030. CARB released a second update to the Scoping Plan, the 2017 Scoping Plan, to reflect the 2030 target set by EO B-30-15 and codified by SB 32. SB 32 affirms the importance of addressing climate change by codifying into statute the GHG emissions reductions target of at least 40 percent below 1990 levels by 2030 contained in EO B-30-15. SB 32 builds on AB 32 and keeps the State on the path toward achieving the 2050 objective of reducing emissions to 80 percent below 1990 levels. The companion bill to SB 32, AB 197, provides additional direction to the CARB related to the adoption of strategies to reduce GHG emissions. Additional direction in AB 197 intended to provide easier public access to air emissions data that are collected by CARB was posted in December 2016. As identified above, the AB 32 Scoping Plan contains GHG reduction measures that work towards reducing GHG emissions, consistent with the targets set by AB 32, EO B-30-15 48 and codified by SB 32 and AB 197. The measures applicable to the proposed project include energy efficiency measures, water conservation and efficiency measures, and transportation and motor vehicle measures, as discussed below. Energy efficient measures are intended to maximize energy efficiency building and appliance standards, pursue additional efficiency efforts including new technologies and new policy and implementation mechanisms, and pursue comparable investment in energy efficiency from all retail providers of electricity in California. In addition, these measures are designed to expand the use of green building practices to reduce the carbon footprint of California’s new and existing inventory of buildings. The proposed project would be required to comply with the latest Title 24 standards of the CCR, established by the CEC, regarding energy conservation and green building standards. Therefore, the proposed project would comply with applicable energy measures. Water conservation and efficiency measures are intended to continue efficiency programs and use cleaner energy sources to move and treat water. Increasing the efficiency of water transport and reducing water use would reduce GHG emissions. As noted above, the proposed project would be required to comply with the latest Title 24 standards of the CCR, which includes a variety of different measures, including reduction of wastewater and water use. In addition, the proposed project would be designed to include drought tolerant landscaping. Therefore, the proposed project would not conflict with any of the water conservation and efficiency measures. The goal of transportation and motor vehicle measures is to develop regional GHG emissions reduction targets for passenger vehicles. The second phase of Pavley standards will reduce GHG emissions from new cars by 34 percent from 2016 levels by 2025, resulting in a 3 percent decrease in average vehicle emissions for all vehicles by 2020. Vehicles traveling to the project site would comply with the Pavley II (LEV III) Advanced Clean Cars Program. Therefore, the proposed project would not conflict with the identified transportation and motor vehicle measures. As such, the proposed project would comply with existing State regulations adopted to achieve the overall GHG emissions reduction goals identified in AB 32 and would be consistent with applicable plans and programs designed to reduce GHG emissions. Therefore, the proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs and impacts would be less than significant. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to GHG emissions, and no mitigation is required. 49 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IX. HAZARDS AND HAZARDOUS MATERIAL – Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X 50 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? X DISCUSSION a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Applicable laws and regulations ensure that transport, use, and disposal of hazardous materials do not create a significant hazard to the public or the environment. Therefore, a proposed project’s routine transport, use, or disposal of hazardous materials is potentially significant if unusual circumstances are present, such as an unusually high frequency of use, use of an unusually large amount of hazardous substances, or use of particularly hazardous materials. Construction activities associated with the proposed project would involve the use of limited amounts of potentially hazardous materials, including but not limited to, solvents, paints, fuels, oils, and transmission fluids. However, all materials used during construction would be contained, stored, and handled in compliance with applicable standards and regulations established by the Department of Toxic Substances Control (DTSC), the USEPA, and the Occupational Safety and Health Administration (OSHA). No uses utilizing large amounts of hazardous materials are anticipated to occur within the project site. Project operation would involve the use of small quantities of commercially available hazardous materials (e.g., paint, cleaning supplies) that could be potentially hazardous if handled improperly or ingested. However, these products are not considered acutely hazardous and are not generally considered unsafe. All storage, handling, and disposal of hazardous materials during project construction and operation would comply with applicable standards and regulations. The proposed commercial uses would not generate significant amounts of any hazardous materials. The proposed project would comply with all applicable laws and regulations related to the transport, use, or disposal of hazardous materials and no unusual circumstances are present. Therefore, the proposed project would have a less-than- significant impact to the public or the environment through the routine transport, use, or disposal of hazardous materials, and no mitigation is required. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? See discussion a) above. The proposed project would not result in a significant impact to the hazard to the public or the environment through a reasonably foreseeable upset or 51 accident condition related to the release of hazardous materials. This impact would be considered less than significant. No mitigation is required. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? The closest existing school is Pinedale Elementary School, located approximately 60 feet north of the project site. As previously stated, no unusual circumstances are present. The proposed project would not result in the use or emission of substantial quantities of hazardous materials that would pose a human or environmental health risk. In addition, all materials would be handled, stored, and disposed of in accordance with applicable standards and regulations. Therefore, because the proposed project does not involve activities that would result in the emission of hazardous materials or acutely hazardous substances, implementation of the proposed project would result in a less-than-significant impact related to the potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No mitigation is required. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? According to the DTSC EnviroStor database,12 the project site is not located on a federal superfund site, State response site, voluntary cleanup site, school cleanup site, evaluation site, school investigation site, military evaluation site, tiered permit site, or corrective action site. Additionally, the project site is not included on the list of hazardous waste sites compiled pursuant to Government Code Section 65962.5.13 As a result, no hazards to the public or environment are anticipated, and there would be no impact. No mitigation is required. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The nearest airports include the Sierra Sky Park Airport, located approximately 4.1 miles west of the project site, the Fresno Yosemite International Airport, located approximately 5.2 miles southeast of the project site, and the Fresno Chandler Executive Airport, located approximately 7.4 miles southwest of the project site. In addition, the nearest medical center helipads include the Saint Agnes Medical Center, located 1.5 miles southeast of 12 California Department of Toxic Substances Control, 2007. EnviroStor. Available online at: https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=fresno (accessed November May 2022). 13 California Environmental Protection Agency, 2018. Government Code Section 65962.5(a) Hazardous Waste and Substances Site List. https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/ (accessed May 2022). 52 the project site, and the Valley Children’s Hospital located approximately 3.1 miles northwest of the project site.14 Although the project site is within 2 miles of the Saint Agnes Medical Center heliport, operations at this facility and other local airports are not expected to pose a safety hazard to people working or visiting the project site. Therefore, the proposed project would result in a less-than-significant impact related to a safety hazard for people residing or working in the project area. No mitigation is required. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The proposed project would not result in any alterations of existing roadways. Therefore, the proposed project would not interfere with the implementation of or physically interfere with any adopted emergency response plans or emergency evacuation plan, and this impact would be less than significant. No mitigation is required. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? Wildland fires occur in geographic areas that contain the types and conditions of vegetation, topography, weather, and structure density susceptible to risks associated with uncontrolled fires that can be started by lightning, improperly managed campfires, cigarettes, sparks from automobiles, and other ignition sources. According to the California Department of Forestry and Fire Protection (CAL FIRE) Very High Fire Hazard Severity Zone (VHFHSZ) Map for Fresno County, the project site is not located within a High or Very High Fire Hazard Severity Zone.15 Therefore, the proposed project would not expose people or structures to a significant loss, injury or death involving wildland fires and the impacts would be less than significant. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to hazards and hazardous materials, and no mitigation is required. 14 California Department of Transportation (Caltrans), 2019. Caltrans HeliPlates. Available online at: https://heliplates.dot.ca.gov/# (accessed June 2022). 15 Cal Fire, 2007. Fresno County Fire Hazard Severity Zones in LRA. Kune. Available online at: https://osfm.fire.ca.gov/media/6673/fhszl06_1_map10.pdf (accessed November 24, 2021). 53 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact X. HYDROLOGY AND WATER QUALITY – Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? X b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: i) Result in a substantial erosion or siltation on- or off-site; X ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site: X iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or X iv) impede or redirect flood flows? X d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? X 54 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? X DISCUSSION a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? The State Water Resources Control Board and nine Regional Water Quality Control Boards regulate the water quality of surface water and groundwater bodies throughout California. The proposed project is within the jurisdiction of the Central Valley Regional Water Quality Control Board (RWQCB). Construction. Pollutants of concern during construction include sediments, trash, petroleum products, concrete waste (dry and wet), sanitary waste, and chemicals. During project construction, there would be an increased potential to expose soils to wind and water erosion, which could result in temporary minimal increases in sediment load in nearby water bodies. Because the project would disturb greater than 1 acre of soil, it is required to comply with the State Water Resources Control Board’s National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, as amended by 2010-0014-DWG and 2012-0006-DWQ, NPDES No. CAS000002) (Construction General Permit). The project is also subject to Article 7, Urban Storm Water Quality Management and Discharge Control, Section 6-714, Requirement to Prevent, Control, and Reduce Storm Water Pollutants of the City’s Municipal Code. The Construction General Permit requires the preparation of a Storm Water Pollution Prevention Plan (SWPPP) and implement Construction Best Management Practices (BMPs). Construction BMPs would include, but not be limited to, erosion and sediment control, designed to minimize erosion and retain sediment on site, and good housekeeping practices to prevent spills, leaks, and discharge of construction debris and waste into receiving waters. Section 6-714 of the City’s Municipal Code also requires the implementation of BMPs to the maximum extent technologically and economically feasible to prevent and reduce pollutants from entering stormwater during construction. Therefore, adherence to the required SWPPP and the City’s Municipal Code and implementation of construction BMPs, would reduce the potential for the discharge of pollutants into nearby water bodies during construction and impacts associated with the 55 violation of water quality standards or waste discharge requirements would be less than significant. During construction, it is likely that dewatering would be required. If groundwater is encountered during construction, the project would be required to obtain coverage under the California Regional Water Quality Control Board Central Valley Region National Pollution Discharge Elimination System Waste Discharge Requirements Limited Threat Discharges to Surface Water (Order R5-2022-0006, NPDES No. CAG995002). With adherence to the Waste Discharge Requirements pertaining to Limited Threat Discharges to Surface Water, project construction would not violate groundwater quality standards or waste discharge requirements and impacts would be less than significant. Operation. Operation of the proposed project could result in surface water pollution associated with chemicals, liquid products, petroleum products (such as paints, solvents, and fuels), and waste that may be spilled or leaked and have the potential to be transported via runoff during periods of heavy precipitation into nearby water bodies. The City of Fresno operates under the California Regional Water Quality Control Board Central Valley Regional National Pollutant Discharge Elimination System Permit and Waste Discharge Requirements General Permit for Discharges from Municipal Separate Storm Sewer Systems (MS4) (Order No. R5-2016-0040-014, NPDES No. CAS0085324). Consistent with the City of Fresno’s MS4 Permit, the project would implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines. If applicable, the project would also be subject to the Statewide General Permit for Stormwater Discharges Associated with Industrial Activities (Order 2014-0057-DWQ as amended in 2015 and 2018) (Industrial General Permit) and would be required to develop and implement a storm water pollution prevention plan, eliminate non-stormwater discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test if for pollutant indicators, and submit an annual report to the State Water Resources Control Board. Adherence to the City of Fresno’s MS4 Permit, including implementation of the Stormwater Management Post-Construction Guidelines, as specified in the Industrial General Permit, would reduce the potential for the discharge of pollutants during project operations and impacts associated with the violation of water quality standards or waste discharge requirements would be less than significant. Infiltration of stormwater could have the potential to affect groundwater quality. The majority of the project site would be impervious surface; and therefore, it is not expected that stormwater would infiltrate during project operations. Because stormwater would be collected and diverted to the storm drain system, there is not a direct path for pollutants to reach groundwater. Therefore, project operations would not violate groundwater quality standards or waste discharge requirements and impacts would be less than significant. 56 Conclusion. The proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Therefore, the project’s impacts would be less than significant. No mitigation is required. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Water supply for the proposed project would be provided by PCWD. The PCWD service area encompasses nearly 1,270 acres or 2 square miles, in both the City of Fresno and unincorporated Fresno County. PCWD provides water to 2,400 residential and 550 commercial accounts. PCWD delivers water through wells dispersed across the district. Presently, demands only require the district to run three wells of the five wells; the other two are on standby. PCWD does have other wells; however, these wells are currently offline because of trichloroethylene contamination. As undeveloped lands within the district urbanize one of the standby wells will serve as the water source for the added demand.16 Temporary dewatering from excavations could be necessary during construction. Construction-related dewatering would be temporary and limited to the area of excavations on the project site and would not substantially contribute to depletion of groundwater supplies. Operation of the project would not require groundwater extraction. Following project implementation, there would be a minor increase in impervious surface area. An increase in impervious surface area decreases infiltration, which can decrease the amount of water that is able to recharge the aquifer/groundwater. However, the small increase in impervious area would not substantially decrease any infiltration that currently may occur on the site. Therefore, the project would not impede the Central Valley Regional Water Quality Control Board’s ability to manage groundwater. Thus, this project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that the project would impede sustainable management of the Kings Subbasin. Impacts would be less than significant, and no mitigation is required. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: i. Result in substantial erosion or siltation on- or off-site? During construction, excavated soil would be exposed and disturbed, drainage patterns would be temporarily altered, and there would be an increased potential for soil erosion and sedimentation compared to existing conditions. Additionally, 16 Pinedale County Water District, n.d. About Us. Available online: https://pcwdonline.com/index.php? option=com_content&view=article&id=15&Itemid=16 (accessed August 2022). 57 during a storm event, soil erosion and siltation could occur at an accelerated rate. As discussed previously, the Construction General Permit requires preparation of a SWPPP to identify construction BMPs to be implemented as part of the project to reduce impacts to water quality during construction, including those impacts associated with soil erosion and siltation. With compliance with the requirements in the Construction General Permit and implementation of the construction BMPs, and with compliance with the City’s Municipal Code, construction impacts related to on- or off-site erosion or siltation would be less than significant. The project would increase the amount of impervious surface, which would increase the volume of runoff during a storm, and which can more effectively transport sediments to receiving waters. At project completion, much of the project site would be impervious surface area and not prone to on-site erosion or siltation because no exposed soil would be present in these areas. The remaining portion of the site would consist of pervious surface area, which would contain landscaping that would minimize on-site erosion and siltation by stabilizing the soil. Additionally, the project applicant would be required to establish and maintain existing drainage patterns. Therefore, the proposed project would not alter the existing drainage pattern of the site or increase the rate or amount of surface runoff in a manner that would result in an impact related to substantial erosion or siltation on- or off-site. Compliance with existing regulatory requirements would reduce or eliminate the proposed project’s potential to substantially alter the existing drainage pattern of the site. Impacts would be less than significant and no mitigation is required. ii. Substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? During construction, soil would be disturbed and compacted, and drainage patterns would be temporarily altered, which can increase the volume and velocity of stormwater runoff and increase the potential for localized flooding compared to existing conditions. As discussed above, the Construction General Permit requires the preparation of a SWPPP and implementation of construction BMPs to control and direct surface runoff on site. With adherence to the Construction General Permit, construction impacts related to altering the existing drainage pattern of the site or area or increase the rate or amount of surface runoff in a manner that would result in flooding on site or off site would be less than significant. While the project would permanently increase the impervious surface area, the project would be required to direct drainage towards Fir Avenue, Sugar Pine Avenue and/or Beechwood Avenue. In addition, prior to final development approval, the project applicant shall submit a Grading Plan and Drainage Report to the FMFCD for review and approval. According to the City’s preliminary review, permanent drainage service is available for the project area, provided that the project applicant can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet. The FMFCD existing Master Plan drainage 58 system is designed to serve medium density residential uses and the existing Master Plan storm drainage facilities do not have capacity to serve the proposed commercial land use. As such, the project applicant would be required to mitigate the impacts of the increased runoff from the proposed commercial land use to a rate that would be expected if developed to medium density residential. As required by HYDRO-1, the project applicant would mitigate the increased runoff by either making improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the project applicant choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a commercial development to a two-year discharge, which would be produced by the property if developed medium density residential. Additionally, the project applicant would be required to pay for all necessary improvement costs. With implementation of Mitigation Measure HYDRO-1, the project would not alter the existing drainage pattern of the site or area or increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site and impacts would be considered less than significant with mitigation incorporated. iii. Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Construction. The proposed project would result in an increase in impervious surfaces given that the project site would be mostly built out aside from planting areas located in the parking lot and the perimeter of the project site. However, compliance with pre-existing regulatory requirements, including compliance with the Construction General Permit and implementation of a SWPPP, would reduce or eliminate the potential for project construction to cause substantial additional polluted runoff or runoff in excess of existing or planned stormwater drainage systems. Therefore, construction would not result in additional sources of polluted runoff to be discharged to the storm drain system and impacts would be less than significant. No mitigation is required. Operations. As discussed above, the proposed project would result in a minimal increase in impervious surfaces and therefore would not substantially increase runoff from the site. However, compliance with existing regulatory requirements, including the MS4, as specified in the Industrial General Permit, would reduce or eliminate the potential for project operations to cause substantial additional polluted runoff or runoff in excess of existing or planned stormwater drainage systems. Therefore, project operations would not result in additional sources of polluted runoff to be discharged to the storm drain system and impacts would be less than significant. No mitigation is required. 59 iv. Impede or redirect flood flows? The proposed project is not located within the 100-year flood hazard area as mapped by the Federal Emergency Management Agency (FEMA).17 Therefore, the proposed project would not impede or redirect potential flood flows, and the proposed project would have no impact. No mitigation is required. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? The project site is not located in flood hazard, tsunami, or seiche zones. Refer to discussion a) in Section IX, Hazards and Hazardous Materials regarding the use of hazardous materials within the project site. As a result, a less-than-significant impact would occur related to the release of pollutants due to project inundation in flood hazard, tsunami, or seiche zones. No mitigation is required. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Water supply for the proposed project would be provided by PCWD, which provides water through wells dispersed across the district. Presently, demands only require the district to run three wells of the five wells; the other two are on standby. PCWD does have other wells; however, these wells are currently offline because of trichloroethylene contamination. As undeveloped lands within the district urbanize one of the standby wells will serve as the water source for the added demand.18 In addition, as noted above, the proposed project would be required to adhere to NPDES drainage control requirements during construction and operation as well as to FMFCD drainage control requirements. As a result, the proposed project would not include any other waste discharges that could conflict with a water quality control plan or sustainable groundwater management plan. Therefore, the proposed project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan and impacts would be less than significant. No mitigation is required. Mitigation Measures Mitigation Measure HYDRO-1: The project applicant shall mitigate the increased runoff associated with the proposed project by either making improvements to the existing pipeline system to provide additional capacity or use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the project applicant choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a commercial development to a two-year discharge, which would be produced by the property if developed medium density residential. 17 Federal Emergency Management Agency, 2020. FEMA Flood Map Service Center: Search By Address. Available online at: https://msc.fema.gov/portal/search?AddressQuery#searchresultsanchor (accessed May 2022). 18 Pinedale County Water District, n.d. Op. cit. 60 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XI. LAND USE AND PLANNING – Would the project: a) Physically divide an established community? X b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? X DISCUSSION a) Physically divide an established community? The physical division of an established community typically refers to the construction of a physical feature (such as an interstate highway or railroad tracks) or removal of a means of access (such as a local road or bridge) that would impair mobility within an existing community, or between a community and outlying areas. For instance, the construction of an interstate highway through an existing community may constrain travel from one side of the community to another; similarly, such construction may also impair travel to areas outside of the community. The proposed project would consist of the development of an approximately 11,664- square-foot, 28-foot-tall single-story medical clinic, and associated circulation, parking, and infrastructure improvements. Adjacent parcels primarily consist of single-family, residential, commercial uses and Pinedale Elementary School. The proposed project would not construct features that would divide an established community or remove means of access that would impair mobility in a community. Therefore, the proposed project would have no impact related to physically dividing an established community, and no mitigation is required. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? The project site is designated Medium Density Residential in the City of Fresno General Plan. This land use designation covers developments of 5 to 12 units per acre and is 61 intended for areas with predominantly single-family residential development, but can also accommodate a mix of housing types, including small-lot starter homes, zero-lot line developments, duplexes, and townhouses. Much of the City’s established neighborhoods fall within this designation. The project site is zoned Residential Single-Family, Medium Density (RS-5), which is intended to provide for a variety of single-family residences built to urban or suburban standards to suit a spectrum of individual lifestyles and needs, and to ensure availability throughout the city of the range of housing types necessary for all segments of the community, consistent with densities established in the General Plan. The proposed project would require a General Plan amendment and rezone to General Commercial (CG). General Plan The City’s General Plan is the fundamental policy document of the City of Fresno. Within the General Plan, the Urban Form, Land Use, and Design Element is the principal document guiding land use and development within the City. As identified above, without a General Plan amendment, the proposed project is inconsistent with the policies of the General Plan as they pertain to the existing Office designation. The proposed project would amend the General Plan to General Commercial. The General Commercial district is intended for a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential adverse impacts on other uses. Development such as strip malls fall into this designation. Examples of allowable uses include building materials, storage facilities with active storefronts, equipment rental, wholesale businesses, and specialized retail not normally found in shopping centers. The maximum floor area ratio (FAR) is 2.0. The proposed project would be consistent with applicable Urban Form, Land Use, and Design Element policies: • Implementing Policy LU-2-a: Infill Development and Redevelopment. Promote development of vacant, underdeveloped, and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs. • Implementing Policy LU-5-g: Scale and Character of New Development. Allow new development in or adjacent to established neighborhoods that is compatible in scale and character with the surrounding area by promoting a transition in scale and architectural character between new buildings and established neighborhoods, as well as integrating pedestrian circulation and vehicular routes. As described above, the project site is located in a primarily developed area of Fresno. The project site is primarily flat and developed with two existing on-site structures, 62 including a 923-square-foot single-family dwelling unit and a 464-square-foot unattached garage. As identified above, nearby parcels consist mostly of single-family residential and commercial uses and Pinedale Elementary School. The proposed project would include a new single-story medical clinic and although the proposed project would change the visual characteristics of the project site by developing the site, the design of the project would be consistent with the visual character within the project area. In addition, the proposed project would result in a more intensive land use on an infill site and would provide medical, physical, psychological services in an underserved area of Pinedale. In addition, by locating the proposed Valley Health Team facility within the community of Pinedale, it is would allow for patients and visitors to walk to the proposed project by utilizing an integrated pedestrian circulation system. Additionally, vehicle routes would be easily accessible to the site from the surrounding areas. Therefore, the proposed project would be consistent with Implementing Policy LU-2-a and Implementing Policy LU-5-g. Zoning Code The current zoning for the project site is Residential Single-Family, Medium Density (RS-5); however, the proposed project would require a rezone to General Commercial (CG). This zoning district is intended to accommodate a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential impacts on other uses. Examples of allowable uses include: building materials, storage facilities with active storefronts, equipment rental, wholesale businesses, and specialized retail not normally found in shopping centers. The focus of district development standards is to ensure structures fit into the surrounding development pattern and architectural or traffic conflicts are minimized. As discussed above, the proposed project would include a new single-story medical clinic on an infill site and would provide medical, physical, psychological services in an underserved area of Pinedale. Therefore, the proposed project would be consistent with the intent of the General Commercial (CG) zoning district. Summary Although the proposed project would require a General Plan Amendment and Rezone Change, the project applicant would be required to comply with all of the City’s associated requirements and fees. In addition, the proposed project would be consistent with the General Commercial (CG) designation. Therefore, the proposed project would be consistent with proposed General Plan and zoning designations and would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. This impact would be less than significant. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to land use and planning, and no mitigation is required. 63 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XII. MINERAL RESOURCES – Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X DISCUSSION a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? The project site is located within an urban area on a previously developed site. There are no known mineral resources within or in the vicinity of the project site. The principal area for mineral resources in the City of Fresno Planning Area is located along the San Joaquin River Corridor. The California Department of Mines and Geology classifies lands along the San Joaquin River Corridor as Mineral Resource Zones (MRZ) 1, MRZ-2, and MRZ- 3. The project site is not located in the vicinity of the San Joaquin River Corridor and does not contain mineral resources. Furthermore, no mineral extraction operations occur in the project vicinity. Therefore, the proposed project would not result in the loss of availability of known mineral resources, would result in no impact. No mitigation is required. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Please refer to the discussion for a). The proposed project would not result in the loss of availability of any known locally important mineral resource recovery sites. Therefore, the proposed project would result in no impact. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to mineral resources, and no mitigation is required. 64 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIII. NOISE – Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Generation of excessive groundborne vibration or groundborne noise levels? X c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X DISCUSSION a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? Noise is usually defined as unwanted sound. Noise consists of any sound that may produce physiological or psychological damage and/or interfere with communication, work, rest, recreation, or sleep. Several noise measurement scales exist that are used to describe noise in a particular location. A decibel (dB) is a unit of measurement that indicates the relative intensity of a sound. Sound levels in dB are calculated on a logarithmic basis. An increase of 10 dB represents a 10-fold increase in acoustic energy, while 20 dB is 100 times more intense and 30 dB is 1,000 times more intense. Each 10 dB increase in sound level is perceived as approximately a doubling of loudness; and similarly, each 10 dB decrease in sound level is perceived as half as loud. Sound intensity is normally measured through the A-weighted sound level (dBA). This scale gives greater 65 weight to the frequencies of sound to which the human ear is most sensitive. The A- weighted sound level is the basis for 24-hour sound measurements that better represent human sensitivity to sound at night. As noise spreads from a source, it loses energy so that the farther away the noise receiver is from the noise source, the lower the perceived noise level would be. Geometric spreading causes the sound level to attenuate or be reduced, resulting in a 6 dB reduction in the noise level for each doubling of distance from a single point source of noise to the noise sensitive receptor of concern. There are many ways to rate noise for various time periods, but an appropriate rating of ambient noise affecting humans also accounts for the annoying effects of sound. Equivalent continuous sound level (Leq) is the total sound energy of time-varying noise over a sample period. However, the predominant rating scales for human communities in the State of California are the Leq, the community noise equivalent level (CNEL), and the day-night average level (Ldn) based on dBA. CNEL is the time varying noise over a 24- hour period, with a 5 dBA weighting factor applied to the hourly Leq for noises occurring from 7:00 p.m. to 10:00 p.m. (defined as relaxation hours) and 10 dBA weighting factor applied to noise occurring from 10:00 p.m. to 7:00 a.m. (defined as sleeping hours). Ldn is similar to the CNEL scale, but without the adjustment for events occurring during the evening relaxation hours. CNEL and Ldn are within one dBA of each other and are normally exchangeable. The noise adjustments are added to the noise events occurring during the more sensitive hours. A project would have a significant noise effect if it would substantially increase the ambient noise levels for adjoining areas or conflict with adopted environmental plans and goals of applicable regulatory agencies, including, as appropriate, the City of Fresno. The City of Fresno addresses noise in the Noise Element of the General Plan and in Chapter 10, Article 1 (Noise Regulations), of the Fresno Municipal Code. Listed below are objectives and policies related to noise that are presented in the Noise Element of the General Plan. In addition, the Noise Element sets noise standards for transportation and stationary noise sources as shown in Table 6 and Table 7, below. 66 Table 6: Transportation (Non-Aircraft) Noise Sources Noise-Sensitive Land Use1 Outdoor Activity Areas2 Interior Spaces Ldn/CNEL, dB Ldn/CNEL, dB Leq dB2 Residential 65 45 - Transient Lodging 65 45 - Hospitals, Nursing Homes 65 45 - Theaters, Auditoriums, Music Halls - - 35 Churches, Meeting Halls 65 - 45 Office Buildings - - 45 Schools, Libraries, Museums - - 45 Source: City of Fresno General Plan (2014). 1 Where the location of outdoor activity areas is unknown or is not applicable, the exterior noise level standard shall be applied to the property line of the receiving land use. 2 As determined for a typical worst-case hour during periods of use. CNEL = community noise equivalent level dB = decibel(s) Ldn = day-night average noise level Leq = equivalent continuous sound level Table 7: Stationary Noise Sources Daytime (7:00 a.m. to 10:00 p.m.) Nighttime (10:00 p.m. to 7:00 a.m.) Hourly Equivalent Sound Level (Leq), dBA 50 45 Maximum Sound Level (Lmax), dBA 70 60 Source: City of Fresno General Plan (2014). 1 The Planning and Development Director, on a case-by-case basis, may designate land uses other than those shown in this table to be noise-sensitive, and may require appropriate noise mitigation measures. 2 As determined at outdoor activity areas. Where the location of outdoor activity areas is unknown or not applicable, the noise exposure standard shall be applied at the property line of the receiving land use. When ambient noise levels exceed or equal the levels in this table, mitigation shall only be required to limit noise to the ambient plus five dB. dB = decibel(s) dBA = A-weighted decibel(s) Ldn = day-night average noise level Leq = equivalent continuous sound level Lmax = maximum A-weighted sound level • Policy NS-1-a: Desirable and Generally Acceptable Exterior Noise Environment. Establish 65 dBA Ldn or CNEL as the standard for the desirable maximum average exterior noise levels for defined usable exterior areas of residential and noise-sensitive uses for noise, but designate 60 dBA Ldn or CNEL (measured at the property line) for noise generated by stationary sources impinging upon residential and noise-sensitive uses. Maintain 65 dBA Ldn or CNEL as the maximum average exterior noise levels for non-sensitive commercial land uses, and maintain 70 dBA Ldn or CNEL as maximum average exterior noise level for industrial land uses, both to be measured at the property line of parcels where noise is generated which may impinge on neighboring properties. • Policy NS-1-c: Generally Unacceptable Exterior Noise Exposure Range. Establish the exterior noise exposure of greater than 65 dB Ldn or CNEL to be 67 generally unacceptable for residential and other noise sensitive uses for noise generated by sources in Policy NS-1-a, and study alternative less noise- sensitive uses for these areas if otherwise appropriate. Require appropriate noise reducing mitigation measures as determined by a site-specific acoustical analysis to comply with the generally desirable or generally acceptable exterior noise level and the required 45 dB interior noise level standards set in Table 6 as conditions of permit approval. • Policy NS-1-g: Noise mitigation measures which help achieve the noise level targets of this plan include, but are not limited to, the following: o Façades with substantial weight and insulation; o Installation of sound-rated windows for primary sleeping and activity areas; o Installation of sound-rated doors for all exterior entries at primary sleeping and activity areas; o Greater building setbacks and exterior barriers; o Acoustic baffling of vents for chimneys, attic and gable ends; o Installation of mechanical ventilation systems that provide fresh air under closed window conditions. • NS-1-i Mitigation by New Development. Require an acoustical analysis where new development of industrial, commercial, or other noise generating land uses (including transportation facilities such as roadways, railroads, and airports) may result in noise levels that exceed the noise level exposure criteria established by Tables 6 and 7 to determine impacts, and require developers to mitigate these impacts in conformance with Tables 6 and 7 as a condition of permit approval through appropriate means. Noise mitigation measures may include: o The screening of noise sources such as parking and loading facilities, outdoor activities, and mechanical equipment; o Providing increased setbacks for noise sources from adjacent dwellings; o Installation of walls and landscaping that serve as noise buffers; o Installation of soundproofing materials and double-glazed windows; and o Regulating operations, such as hours of operation, including deliveries and trash pickup. Alternative acoustical designs that achieve the prescribed noise level reduction may be approved by the City, provided a qualified Acoustical Consultant submits information demonstrating that the alternative designs will achieve and maintain the specific targets for outdoor activity areas and interior spaces. As 68 a last resort, developers may propose to construct noise walls along roadways when compatible with aesthetic concerns and neighborhood character. This would be a developer responsibility, with no City funding. • Policy NS-1-j: Significance Threshold. Establish, as a threshold of significance for the City’s environmental review process, that a significant increase in ambient noise levels is assumed if the project would increase noise levels in the immediate vicinity by 3 dB Ldn or CNEL or more above the ambient noise limits established in this General Plan Update. Chapter 10, Article 1 (Noise Regulations), of the Fresno Municipal Code establishes excessive noise guidelines and exemptions. Section 10-109 states that construction noise is exempted from City noise regulations provided such work takes place between the hours of 7:00 a.m. and 10:00 p.m. on any day except Sunday. Certain land uses are considered more sensitive to noise than others. Examples of these land uses include residential areas, educational facilities, hospitals, childcare facilities, and senior housing. Adjacent parcels primarily consist of single-family residential and commercial uses and Pinedale Elementary School. The closest sensitive receptors include single-family residences located directly adjacent to the western border of the project site, Pinedale Elementary school located approximately 60 feet north of the project site across West Fir Avenue, and single-family residences located approximately 60 feet south of the project site across West Beechwood Avenue. The following section describes how the short-term construction and long-term operational noise impacts of the proposed project would be less than significant with mitigation. Short-Term (Construction) Noise Impacts. Project construction would result in short- term noise impacts on the nearby sensitive receptors. Maximum construction noise would be short-term, generally intermittent depending on the construction phase, and variable depending on receiver distance from the active construction zone. The duration of noise impacts generally would be from one day to several days depending on the phase of construction. The level and types of noise impacts that would occur during construction are described below. Short-term noise impacts would occur during grading and site preparation activities. Table 8 lists typical construction equipment noise levels (Lmax) recommended for noise impact assessments, based on a distance of 50 feet between the equipment and a noise receptor, obtained from the Federal Highway Administration (FHWA) Roadway Construction Noise Model. Construction-related short-term noise levels would be higher than existing ambient noise levels currently in the project area but would no longer occur once construction of the proposed project is completed. Two types of short-term noise impacts could occur during construction of the proposed project. The first type involves construction crew commutes and the transport of construction equipment and materials to the site, which would incrementally increase 69 noise levels on roads leading to the site. As shown in Table 8, there would be a relatively high single-event noise exposure potential at a maximum level of 84 dBA Lmax with trucks passing at 50 feet. The second type of short-term noise impact is related to noise generated during grading and construction on the project site. Construction is performed in discrete steps, or phases, each with its own mix of equipment and, consequently, its own noise characteristics. These various sequential phases would change the character of the noise generated on site. Therefore, the noise levels vary as construction progresses. Despite the variety in the type and size of construction equipment, similarities in the dominant noise sources and patterns of operation allow construction-related noise ranges to be categorized by work phase. Table 8: Typical Construction Equipment Noise Levels Equipment Description Acoustical Usage Factor (%) Maximum Noise Level (Lmax) at 50 Feet1 Backhoes 40 80 Compactor (ground) 20 80 Compressor 40 80 Cranes 16 85 Dozers 40 85 Dump Trucks 40 84 Excavators 40 85 Flat Bed Trucks 40 84 Forklift 20 85 Front-end Loaders 40 80 Graders 40 85 Impact Pile Drivers 20 95 Jackhammers 20 85 Pick-up Truck 40 55 Pneumatic Tools 50 85 Pumps 50 77 Rock Drills 20 85 Rollers 20 85 Scrapers 40 85 Tractors 40 84 Welder 40 73 Source: Roadway Construction Noise Model (FHWA 2006). Note: Noise levels reported in this table are rounded to the nearest whole number. 1 Maximum noise levels were developed based on Spec 721.560 from the Central Artery/Tunnel (CA/T) program to be consistent with the City of Boston’s Noise Code for the “Big Dig” project. Lmax = maximum instantaneous sound level Table 8 lists maximum noise levels recommended for noise impact assessments for typical construction equipment, based on a distance of 50 feet between the equipment and a noise receptor. Typical noise levels range up to 88 dBA Lmax at 50 feet during the noisiest construction phases. The site preparation phase, which includes excavation and grading of the project site, tends to generate the highest noise levels because the noisiest construction equipment is earthmoving equipment. Earthmoving equipment includes excavating machinery such as backfillers, bulldozers, draglines, and front loaders. Earthmoving and compacting equipment includes compactors, scrapers, and graders. 70 Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full-power operation followed by 3 or 4 minutes at lower power settings. Construction details (e.g., construction fleet activities) are not yet known; therefore, this analysis assumes that scrapers, bulldozers, and water trucks/pickup trucks would be operating simultaneously during construction of the proposed project. As discussed above, noise levels associated with this equipment operating simultaneously would be approximately 88 dBA Lmax at 50 feet. As noted above, the closest sensitive receptors include single-family residences located directly adjacent to the western border of the project site, Pinedale Elementary school located approximately 60 feet north of the project site across West Fir Avenue, and single- family residences located approximately 60 feet south of the project site across West Beechwood Avenue. Based on building setbacks, the closest sensitive receptor is the adjacent single-family residential building, which is approximately 20 feet from project construction activities. Based on a reduction in noise of 6 dBA per doubling of distance, there would be in increase of approximately 8 dBA from the active construction area to the nearest residence. In addition, the proposed project would construct a concrete masonry unit (CMU) wall, which would reduce noise levels by approximately 10 dBA. Therefore, the closest off-site sensitive receptor may be subject to short-term construction noise reaching 86 dBA Lmax (88 dBA Lmax + 8 dBA – 10 dBA) when construction is occurring. However, construction equipment would operate at various locations within the 1.23-acre project site and would only generate maximum noise levels when operations occur closest to the receptor. To ensure that the project’s potential construction-related noise impacts are less than significant, Mitigation Measure NOI-1 requires the project to equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards, which would reduce the potential impacts associated with construction equipment. Additionally, Mitigation Measure NOI-1 requires the project to designate a “disturbance coordinator” at the City who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler) and would determine and implement reasonable measures warranted to correct the problem. These measures would ensure that the project’s potential construction-related noise impacts are mitigated to less-than-significant levels. With implementation of Mitigation Measure NOI-1, the proposed project would result in a less-than-significant impact associated with the generation of a substantial temporary increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, State, or federal standards. Long-Term (Operational) Noise Impacts. Motor vehicles with their distinctive noise characteristics are the dominant noise source in the project vicinity. The amount of noise varies according to many factors, such as volume of traffic, vehicle mix (percentage of 71 cars and trucks), average traffic speed, and distance from the observer. Implementation of the proposed project would result in new daily trips on local roadways in the project site vicinity. A characteristic of sound is that a doubling of a noise source is required in order to result in a perceptible (3 dBA or greater) increase in the resulting noise level. As discussed below in Section XVII, Transportation, the proposed project would generate approximately 406 daily trips, which would not result in a doubling of traffic volumes along any roadway segment in the project vicinity and would not result in a perceptible increase in traffic noise levels at receptors in the project vicinity. In addition, with implementation of the proposed project, there would be an increase in activity at the project site. The project site itself is located in a primarily developed area surrounded by single-family residential and commercial uses and Pinedale Elementary School. Noise from the proposed project would be similar to existing conditions and would generally include noise from vehicles, air conditioner units, and other similar equipment. It is not expected that the proposed project would result in a perceptible increase in noise to surrounding land uses. Therefore, it is not expected that the proposed project would substantially increase noise levels over existing conditions. Operation of the proposed project would result in similar noise levels as existing conditions and, therefore, it is not expected that the proposed project would substantially increase noise levels over existing conditions, and impacts would be less than significant with mitigation. b) Generation of excessive groundborne vibration or groundborne noise levels? Vibration refers to groundborne noise and perceptible motion. Groundborne vibration is almost exclusively a concern inside buildings and is rarely perceived as a problem outdoors. Vibration energy propagates from a source, through intervening soil and rock layers, to the foundations of nearby buildings. The vibration then propagates from the foundation throughout the remainder of the structure. Building vibration may be perceived by the occupants as the motion of building surfaces, rattling of items on shelves or hanging on walls, or as a low-frequency rumbling noise. The rumbling noise is caused by the vibrating walls, floors, and ceilings radiating sound waves. Annoyance from vibration often occurs when the vibration exceeds the threshold of perception by 10 dB or less. This is an order of magnitude below the damage threshold for normal buildings. Typical sources of groundborne vibration are construction activities (e.g., pavement breaking and operating heavy-duty earthmoving equipment), and occasional traffic on rough roads. In general, groundborne vibration from standard construction practices is only a potential issue when within 25 feet of sensitive uses. Groundborne vibration levels from construction activities very rarely reach levels that can damage structures; however, these levels are perceptible near the active construction site. With the exception of old buildings built prior to the 1950s or buildings of historic significance, potential structural damage from heavy construction activities rarely occurs. When roadways are smooth, vibration from traffic (even heavy trucks) is rarely perceptible. 72 The streets surrounding the project area are paved, smooth, and unlikely to cause significant groundborne vibration. In addition, the rubber tires and suspension systems of buses and other on-road vehicles make it unusual for on-road vehicles to cause groundborne noise or vibration problems. It is, therefore, assumed that no such vehicular vibration impacts would occur and, therefore, no vibration impact analysis of on-road vehicles is necessary. Therefore, once constructed, the proposed project would not contain uses that would generate groundborne vibration. This impact would be less than significant. Construction Vibration. Construction of the proposed project could result in the generation of groundborne vibration. This construction vibration impact analysis discusses the level of human annoyance using vibration levels in VdB and will assess the potential for building damages using vibration levels in peak particle velocity (PPV) (in/sec) because vibration levels calculated in root-mean-square (RMS) are best for characterizing human response to building vibration, while vibration level in PPV is best used to characterize potential for damage. The Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment guidelines indicate that a vibration level up to 102 VdB (an equivalent to 0.5 in/sec in PPV) is considered safe for buildings consisting of reinforced concrete, steel, or timber (no plaster), and would not result in any construction vibration damage. For a non-engineered timber and masonry building, the construction vibration damage criterion is 94 VdB (0.2 in/sec in PPV). Table 9 shows the PPV and VdB values at 25 feet from a construction vibration source. As shown in Table 9, bulldozers and other heavy-tracked construction equipment (except for pile drivers and vibratory rollers) generate approximately 87 VdB of groundborne vibration when measured at 25 feet, based on the Transit Noise and Vibration Impact Assessment. At this level, groundborne vibration would result in potential annoyance to residents and workers but would not cause any damage to the buildings. Table 9: Vibration Source Amplitudes for Construction Equipment Equipment Reference PPV/LV at 25 feet PPV (in/sec) LV (VdB)1 Pile Driver (Impact), Typical 0.644 104 Pile Driver (Sonic), Typical 0.170 93 Vibratory Roller 0.210 94 Hoe Ram 0.089 87 Large Bulldozer 0.089 87 Caisson Drilling 0.089 87 Loaded Trucks 0.076 86 Jackhammer 0.035 79 Small Bulldozer 0.003 58 Pile Driver (Impact), Typical 0.644 104 Source: Transit Noise and Vibration Impact Assessment (FTA 2018). Note: Noise levels reported in this table are rounded to the nearest whole number. 1 RMS vibration velocity in decibels (VdB) is 1 µin/sec. µin/sec = micro-inches per second FTA = Federal Transit Administration in/sec = inches per second LV = velocity in decibels PPV = peak particle velocity RMS = root-mean-square VdB = vibration velocity decibels 73 Construction vibration, similar to vibration from other sources, would not have any significant effects on outdoor activities (e.g., those outside of residences and commercial/ office buildings in the project vicinity). Outdoor site preparation for the proposed project is expected to include the use of bulldozers and loaded trucks. The greatest levels of vibration are anticipated to occur during the site preparation phase. All other phases are expected to result in lower vibration levels. The distance to the nearest buildings for vibration impact analysis is measured between the nearest off-site buildings and the project boundary (assuming the construction equipment would be used at or near the project boundary) because vibration impacts occur normally within the buildings. The formula for vibration transmission is provided below. LvdB (D) = LvdB (25 ft) – 30 Log (D/25) PPVequip = PPVref x (25/D)1.5 As shown in Table 9, for typical construction activity, the equipment with the highest vibration generation potential is the large bulldozer, which would generate 87 VdB at 25 feet. The closest building to the project site includes the single-family residence immediately west of the project site boundary. Based on building setbacks, this receptor is approximately 20 feet from project construction activities. At 20 feet, this single-family residence would experience vibration levels of up to 90 VdB (0.124 PPV [in/sec]), which would not exceed the FTA threshold of 94 VdB (0.2 in/sec PPV) for non-engineered timber and masonry building damage when bulldozers and loaded trucks operate at or near the project construction boundary. Although construction vibration levels at surrounding uses would have the potential to result in annoyance, these vibration levels would no longer occur once construction of the project is completed and impacts would be considered less than significant. No mitigation is required. c) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The nearest airports include the Sierra Sky Park Airport, located approximately 4.1 miles west of the project site, the Fresno Yosemite International Airport, located approximately 5.2 miles southeast of the project site, and the Fresno Chandler Executive Airport, located approximately 7.4 miles southwest of the project site. In addition, the nearest medical center helipads include the Saint Agnes Medical Center, located 1.5 miles southeast of the project site, and the Valley Children’s Hospital H located approximately 3.1 miles northwest of the project site. Although aircraft-related noise is occasionally audible on the project site, the site does not lie within the 55 dBA CNEL noise contours of any of these airports or helipads. Therefore, the proposed project would not expose people residing or working in the project area to excessive noise levels due to the proximity of a public airport. This impact would be less than significant. No mitigation is required. 74 Mitigation Measures Mitigation Measure NOI-1: The project contractor shall implement the following measures during construction of the project: • Construction of the masonry wall on the western property line shall be constructed during the first phase of the construction project. • Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards. • Place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the active project site. • Locate equipment staging in areas that would create the greatest possible distance between construction-related noise sources and noise-sensitive receptors nearest the active project site during all construction activities. • Ensure that all general construction-related activities are restricted to between the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday. No construction shall occur on Sunday. • Designate a “disturbance coordinator” at the City who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler) and would determine and implement reasonable measures warranted to correct the problem. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIV. POPULATION AND HOUSING – Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X 75 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? X DISCUSSION a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The proposed project would consist of the development of an approximately 11,664- square-foot, 28-foot-tall single-story medical clinic, and associated circulation, parking, and infrastructure improvements in the approximately 1.23-acre project site. The project site is designated Medium Density Residential in the City of Fresno General Plan and is located within the Residential Single-Family Zoning District (RS-5) of the City of Fresno. The project site would require a change in zoning and land use designation to introduce a commercial use into the project site. The proposed project would not include a residential component that would result in population growth. Furthermore, the proposed project would not require the extension of existing roads or other infrastructure that could lead to unplanned population growth. Therefore, the impact would be less than significant. No mitigation is required. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? The proposed project would require the demolition of one existing single-family dwelling unit; however, it is assumed that there would be sufficient replacement residences that are equal to or better than the displacement property available for rent or purchase. Therefore, there would be a less-than-significant impact related to the displacement of substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere, and no mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to land use and planning, and no mitigation is required. 76 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XV. PUBLIC SERVICES – Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X DISCUSSION a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire protection? The City of Fresno Fire Department (FFD) would provide fire protection services to the proposed project. There are 23 FFD fire stations in Fresno, with the closest fire station, Fire Station 13, located approximately 2 miles from the project site. Planned growth under the General Plan would increase calls for fire protection service in the City. The project is consistent with the site’s General Plan designation and does not represent unplanned growth given that the project site would be developed consistent with its land use and zoning designations. The 77 project could result in an incremental increase in the demand for fire protection services as a result of additional employees to the project site. However, the proposed project would be required to comply with all applicable codes for fire safety and emergency access. In addition, the project applicant would be required to submit plans to the FFD for review and approval prior to the issuance of building permits to ensure the project would conform to applicable building codes. The FFD would continue providing services to the project site and would not require additional firefighters to serve the proposed project. The construction of a new or expanded fire station would not be required. The proposed project would not result in a significant impact on the physical environment due to the incremental increase in demand for fire protection and life safety services. The incremental increase in demand for services is not expected to adversely affect existing responses times to the site or within the City. Therefore, construction and operation of the proposed project would have a less-than-significant impact on fire protection. No mitigation is required. ii. Police protection? The City of Fresno Police Department (FPD) provides police protection to the project site. The FPD headquarters are located at 2323 Mariposa Street, approximately 8.1 miles from the project site. Planned growth under the General Plan would increase calls for police protection service in the City. The project is consistent with the site’s General Plan designation and does not represent unplanned growth. The project could result in an incremental increase in the demand for police protection services. The FPD would continue to provide services to the project site and would not require additional officers to serve the project site. The construction of new or expanded police facilities would not be required. Therefore, the proposed project would not result in a substantial adverse impact associated with the provision of additional police facilities or services, and impacts to police protection would represent a less-than-significant impact. No mitigation is required. iii. Schools? The proposed project would not generate student demand or otherwise impact school services given that there is no housing or a residential component. As such, there would be no impact related to schools, and no mitigation is required. iv. Parks? Demand for parks generated by the project is within planned services levels of the City of Fresno Parks and Community Services Department and the applicant would be required to pay any required impact fees at the time building permits are obtained or receive credits for construction as may be memorialized within a subdivision or development agreement. Maintenance would be afforded through 78 annexation into a Community Facilities District (CFD). Therefore, impacts to parks would be less than significant, and no mitigation is required. v. Other public facilities? Development of the proposed project is not expected increase demand for other public services, including libraries, community centers, and public health care facilities. Further, the proposed project would provide medical, physical, psychological services in an underserved area of Pinedale. In addition, by locating the proposed Valley Health Team facility within the community of Pinedale. As such, the proposed project would not result in a substantial increase in the use of these facilities, such that new facilities would be needed to maintain service standards, as these facilities are not currently overused and have capacity to serve new demand. Therefore, impacts to other public facilities would be less than significant, and no mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to public services, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVI. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X 79 DISCUSSION a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The proposed project would consist of the development of a medical clinic and would not generate population growth that would result in an increase in the use of existing neighborhood and regional parks or other recreational facilities. Therefore, there would be no impact related to the increase in the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. No mitigation is required. b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? The proposed project would consist of the development of a medical clinic and does not include or require the construction or expansion of existing public recreational facilities; therefore, development of the proposed project and associated recreational opportunities for use by users of the project site would not result in additional environmental effects beyond those described in this document. As a result, no impact would occur to recreational facilities and the proposed project would not require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to recreational facilities, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. TRANSPORTATION – Would the project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? X 80 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? X c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X d) Result in inadequate emergency access? X DISCUSSION a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? A Trip Generation Analysis (TGA)19 was prepared for the proposed project, which is included in Appendix D. The TGA evaluates the potential difference in traffic generation of the proposed project compared to the General Plan designation. As identified in the TGA, trip generation rates for the proposed project were obtained from the 10th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE). Table 10 presents the trip generation for the proposed project. As shown in Table 10, the proposed project is estimated to generate a maximum of 406 daily trips, 32 AM peak hour trips and 40 PM peak hour trips. Table 10: Project Trip Generation Land Use Units Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Medical-Dental Office Building 11.664 ksf 406 25 7 32 11 29 40 Source: JLB Traffic Engineering, Inc. (April 2022). Note: Rates per ITE Trip Generation Manual, 10th Edition; Land Use Code (720) Medical-Dental Office Building. ksf = thousand square feet The General Plan proposes that the project site be developed with Single-family detached housing units under the Medium Density Residential land use (5.0 to 12.0 dwelling units per acre). For purposes of this comparison, it is assumed that the project site be 19 JLB Traffic Engineering, Inc., 2022. Trip Generation Analysis for the Medical Clinic located in the City of Fresno. April 8. 81 developed according to the median density range allowable for Medium Density Residential of 8.5 ((5 + 12) ÷ 2 = 8.5) dwelling units per acre. Table 11 presents the trip generation of that which could otherwise be developed consistent with the General Plan with trip generation rates for 11 single-family detached housing units. Consistent with the General Plan, the project site would be anticipated to generate a maximum of 104 daily trips, 8 AM peak hour trips and 11 PM peak hour trips. Table 11: General Plan Trip Generation Land Use Units Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Single-Family Detached Housing 11 du 104 2 6 8 7 4 11 Source: JLB Traffic Engineering, Inc. (April 2022). Note: Rates per ITE Trip Generation Manual, 10th Edition; Land Use Code (210) Single-Family Detached Housing. du = dwelling units Compared to that which could be developed consistent with the General Plan, the proposed project is estimated to generate a net increase of 302 daily trips, 24 AM peak hour trips and 29 PM peak hour trips. The trip generation comparison between the proposed project and the General Plan is shown in Table 12. Table 12: General Plan Trip Generation Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Proposed Project 406 25 7 32 11 29 40 General Plan 104 2 6 8 7 4 11 Difference in Trip Generation 302 23 1 24 4 25 29 Source: JLB Traffic Engineering, Inc. (April 2022). Note: Rates per ITE Trip Generation Manual, 10th Edition; Land Use Code (210) Single-Family Detached Housing. Per the Fresno Traffic Impact Study Report Guidelines, a Transportation Impact Study (TIS) Report for a Project may be required when the following thresholds are met: 1. When project-generated traffic is expected to be greater than 100 vehicle trips during any peak hour. 2. When a project includes a General Plan Amendment (GPA) which changes the land use. 3. When the project traffic will substantially affect an intersection or roadway segment already identified as operating at an unacceptable level of service. 4. When the project will substantially change the off-site transportation system or connection to it, as determined by the Traffic Engineering Manager. Moreover, the Fresno General Plan has established four (4) Traffic Impact Zones (TIZs) within the City of Fresno to assist with areas being incentivized for development. In the 82 City of Fresno, all developments within TIZ-I maintain a Level of Service (LOS) standard of F and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. In addition, all developments within TIZ-II maintain a LOS standard of E and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. Also, all developments within TIZ-III maintain a LOS standard of D and require a TIS when projected to generate greater than 100 peak hour new vehicle trips. Lastly, all developments within TIZ-IV maintain a LOS standard of E and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. Considering the proposed project is located within TIZ-III and its anticipated trip generation would not exceed 40 peak hour trips, a TIS would not be required. Additionally, the project site is located in an area where all major streets have been developed to meet or exceed the planned number of lanes. Also, all major street-to-major street intersections near the vicinity of the project site are currently signalized and further improvements to these intersections are not anticipated by City of Fresno or Caltrans agencies. Due to the limited addition of project-related traffic, the proposed project is not anticipated to generate a significant number of trips that would result in the deficiency of existing intersections within the project vicinity. As such, the addition of project traffic is not anticipated to exceed the City’s level of significance threshold of LOS (LOS E or better). In addition, the project-related traffic would not result in a deficiency to existing transit, roadway, bicycle, and pedestrian facilities. Therefore, the proposed project would not conflict with any plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system or congestion management program. Impacts would be less than significant and no mitigation is required. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Senate Bill (SB) 743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as 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 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 relevant CEQA criteria for transportation impacts. CEQA Guidelines Section 15064.3(b)(4) states that “[a] lead agency has discretion 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 83 estimate used to estimate vehicle miles traveled and any revision 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 3.1 regarding Development Projects states that if a project constitutes a General Plan Amendment or a Rezone, none of the screening criteria may apply, and that the City must evaluate such projects on a case-by- case basis. Although the proposed project would include a General Plan Amendment and a Rezone, the proposed project would result in a more intensive land use on an infill site and would provide medical, physical, psychological services in an underserved area of Pinedale. The proposed location was selected due to its proximity to Pinedale Elementary School and Pinedale Community Center, which are located north of the project site across West Fir Avenue. As such, by locating the proposed Valley Health Team facility within the community of Pinedale, the proposed project would allow patients and visitors the ability to walk to the project site. Further, the proposed project is located within 1,000 feet of the City of Fresno BRT, which is expected to reduce vehicle trips and VMT. In addition, it is assumed that telemedicine appointments would account for approximately 25 percent of all appointments. Therefore, the proposed project would support the ability to use alternative modes of transportation, would promote initiatives to reduce vehicle trips and VMT, and would increase the use of alternate modes of transportation. Based on all these project features, the proposed project would result in a less-than- significant VMT impact and is consistent with CEQA Guidelines Section 15064.3(b). No mitigation is required. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 84 The proposed project would not include any sharp curves or other roadway design elements that would create dangerous conditions. Therefore, the proposed project would not substantially increase hazards due to a design feature, and there would be no impact. No mitigation is required. d) Result in inadequate emergency access? Emergency vehicles would have access to the project site via driveways on Sugar Pine Avenue and Beechwood Avenue. Further, the proposed project’s site plan would be subject to review and approval by the FFD to ensure the project includes adequate emergency access. In addition, as discussed in Section IX, Hazards and Hazardous Materials, project implementation would not physically interfere with emergency evacuation or the FFD access to and from the project site. Therefore, the proposed project would result in less-than-significant impacts related to inadequate emergency access, and no mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to transportation, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVIII. TRIBAL CULTURAL RESOURCES – Would the project: a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in PRC section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in PRC section 5020.1(k), or, X 85 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact ii) A resource determined by the lead agency, in its discretion and supported by substantial evi- dence, to be significant pursuant to criteria set forth in subdivision (c) of PRC section 5024.1. In applying the criteria set forth in subdivision (c) of PRC section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. X DISCUSSION a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the CEQA Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register. Additional information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality. 86 Pursuant to Senate Bill 18 (SB 18), Native American tribes traditionally and culturally affiliated with the project area were invited to consult regarding the proposed project based on a list of contacts provided by the Native American Heritage Commission (NAHC). These tribes included: Chicken Ranch Rancheria of Me-Wuk Indians; Dunlap Band of Mono Indians; Nashville Enterprise Miwok- Maidu-Nishinam Tribe; North Fork Mono Tribe; North Fork Rancheria of Mono Indians; Salinan Tribe of Monterey, San Luis Obispo Counties; Santa Rosa Rancheria Tachi Yokut Tribe; Tuolumne Band of Me-Wuk Indians; Xolon-Salinan Tribe; Big Sandy Rancheria of Western Mono Indians; Dumna Wo-Wah Tribal Government; Kings River Choinumni Farm Tribe; North Valley Yokuts Tribe; Picayune Rancheria of Chukchansi Indians; Wuksache Indian Tribe/Eshom Valley Band; Table Mountain Rancheria; Traditional Choinumni Tribe; and the Tule River Indian Tribe. Assembly Bill (AB) 52, which became law January 1, 2015, requires that, as part of the CEQA review process, public agencies provide early notice of a project to California Native American Tribes to allow for consultation between the tribe and the public agency. The purpose of AB 52 is to provide the opportunity for public agencies and tribes to consult and consider potential impacts to Tribal Cultural Resources (TCR’s), as defined by the Public Resources Code (PRC) Section 2107(a). Under AB 52, public agencies shall reach out to California Native American Tribes who have requested to be notified of projects in areas within or which may have been affiliated with their tribal geographic range. Pursuant to Assembly Bill 52 (AB 52), the Table Mountain Rancheria Tribe and the Dumna Wo-wah Tribe were invited to consult under AB 52. Under invitations to consult under SB 18 and AB 52, no tribes requested consultation. Based on the Cultural Resources Assessment 20 prepared by Peak & Associates, Inc., there are no known Native American resources in the project site that are listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). Additionally, no specific tribal cultural resources were identified in the project site as a result of Native American consultation conducted for the project per Senate Bill 18 and Assembly Bill 52. As such, the project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). No mitigation is required. 20 Peak & Associates, Inc., 2022. Cultural Resource Assessment for the Valley Health Team Project Area, Pinedale, County of Fresno, California. March 3. 87 ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Under invitations to consult under SB 18 and AB 52, no tribes requested consultation. The City, as lead agency, has not identified any potential tribal cultural resources at the project site. As such, the project would not cause a substantial adverse change in the significance of a tribal cultural resource pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to tribal cultural resources, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIX. UTILITIES AND SERVICE SYSTEMS – Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effect? X b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? X 88 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? X e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? X DISCUSSION a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? As identified in the Project Description, utilities required to serve the proposed project would include water, sanitary sewer, storm water drainage, electricity, natural gas, and telecommunications infrastructure. Water. Water supply for the proposed project would be provided by the PCWD. The PCWD service area encompasses nearly 1,270 acres or 2 square miles, in both the City of Fresno and unincorporated Fresno County. PCWD provides water to 2,400 residential and 550 commercial accounts. PCWD delivers water through wells dispersed across the district. Presently, demands only require the district to run three wells of the five wells; the other two are on standby. PCWD does have other wells; however, these wells are currently offline because of trichloroethylene contamination. As undeveloped lands within 89 the district urbanize one of the standby wells will serve as the water source for the added demand.21 Short-term demand for water may occur during excavation, grading, and construction activities on site. Construction activities would require water primarily for dust mitigation purposes. Water from the existing potable water lines in the vicinity of the project site would be used. Overall, short-term construction activities would require minimal water and are not expected to have any adverse impacts on the existing water system or available water supplies. The proposed project would not require the construction of new or expanded water conveyance, treatment, or collection facilities with respect to construction activities. Based on the nature of the proposed project, the project-generated increase in water demand would be minimal and would fall within the PCWD’s existing capacity and available supply. As such, the proposed project would not necessitate new or expanded water entitlements, and the PCWD would be able to accommodate the increased demand for potable water. As such, the proposed project would not necessitate new or expanded water entitlements, and the City would be able to accommodate the increased demand for potable water. Wastewater. Wastewater services would also be provided by PCWD. No significant increase in wastewater flows is anticipated as a result of construction activities on the project site. Sanitary services during construction would be provided by portable toilet facilities, which transport waste off site for treatment and disposal. In addition, wastewater generation associated with the proposed project is not anticipated to exceed wastewater treatment requirements or exceed the available capacity to accommodate the increased wastewater flows from the proposed project. The project would be adequately served by the capacity and the existing wastewater conveyance system. As such, the proposed project would not necessitate new or expanded water entitlements, and the PCWD would be able to accommodate the increased demand for potable water. Stormwater and Drainage Facilities. While the project would permanently increase the impervious surface area, the project would be required to direct drainage towards Fir Avenue, Sugar Pine Avenue and/or Beechwood Avenue. In addition, prior to final development approval, the project applicant shall submit a Grading Plan and Drainage Report to the FMFCD for review and approval. According to the City’s preliminary review, permanent drainage service is available for the project area, provided that the project applicant can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet. The FMFCD existing Master Plan drainage system is designed to serve medium density residential uses and the existing Master Plan storm drainage facilities do not have capacity to serve the proposed commercial land use. As such, the project applicant would be required to mitigate the impacts of the increased runoff from 21 Pinedale County Water District, n.d. About Us. Available online: https://pcwdonline.com/index. php?option=com_content&view=article&id=15&Itemid=16 (accessed August 2022). 90 the proposed commercial land use to a rate that would be expected if developed to medium density residential. As required by HYDRO-1, the project applicant would mitigate the increased runoff by either making improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the project applicant choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a commercial development to a two-year discharge, which would be produced by the property if developed medium density residential. Additionally, the project applicant would be required to pay for all necessary improvement costs. With implementation of Mitigation Measure HYDRO-1, the proposed project would result in less-than-significant impacts related to the construction or expansion of stormwater drainage facilities. No additional mitigation is required. Electricity, Natural Gas, and Telecommunication Facilities. Electric power, natural gas, and telecommunication facilities would require connections to the project site. However, because the project site is located within an urbanized area with existing facilities in close proximity, connection to these facilities would not cause significant environmental effects. In addition, as discussed in Section VI, Energy, energy usage on the project site during construction would be temporary in nature and would be relatively small in comparison to the State’s available energy sources. Once operational, electricity and natural gas usage would be a minimal fraction of Fresno County’s total electricity and natural gas demand. As a result, the project would result in a less-than-significant impact related to the relocation or construction or new or expanded utilities. Summary. With implementation of Mitigation Measure HYDRO-1, the proposed project would not require or result in the relocation or construction of new or expanded facilities for water, wastewater treatment, storm drainage, electric power, natural gas, or telecommunications which could cause significant environmental effects. Impacts would be less than significant with mitigation incorporated. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? As discussed above, sufficient water supply would be available to serve the project site. As a result, the project would result in a less-than-significant impact related to water supply and there are sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years. As such, impacts would be less than significant, and no mitigation is required. c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Refer to discussion a) above. Wastewater generation associated with the proposed project is not anticipated to exceed wastewater treatment requirements or exceed the 91 available capacity to accommodate the increased wastewater flows from the proposed project. The project would be adequately served by the capacity and the existing wastewater conveyance system. In addition, the proposed project is not expected to exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. As such, the proposed project would not result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments and impacts would be less than significant. No mitigation is required. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Garbage disposed in the City of Fresno is taken to the Cedar Avenue Recycling and Transfer Station. Once trash has been off‐loaded at the transfer station, it is sorted, and non‐recyclable solid waste is loaded onto large trucks and taken to the American Avenue Landfill located approximately 6 miles southwest of Kerman. The American Avenue Landfill (i.e., American Avenue Disposal Site 10‐AA‐0009) has a maximum permitted capacity of 32,700,000 cubic yards and a remaining capacity of 29,358,535 cubic yards, with an estimated closure date of August 31, 2031. The maximum permitted throughput is 2,200 tons per day.22 Other landfills within the County of Fresno include the Clovis Landfill (City of Clovis Landfill 10-AA-0004) with a maximum remaining permitted capacity of 7,740,000 cubic yards, a maximum permitted throughput of 2,000 tons per day, and an estimated closure date of 2047.23 Based on CalEEMod, operation of the proposed project would generate approximately 23.1 pounds of solid waste per day or about 126.4 tons of solid waste per year. Given the capacity at the landfills, the additional solid waste generated by the proposed project is not anticipated to cause the facility to exceed its daily permitted capacity. As such, the project would be served by a landfill with sufficient capacity to accommodate the project’s waste disposal needs, and impacts associated with the disposition of solid waste would be less than significant. No mitigation is required. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? The proposed project would comply with all federal, State, and local solid waste statutes and/or regulations related to solid waste. Also refer to discussion d) in this section. Therefore, the proposed project would have a less-than-significant impact related to 22 CalRecycle. Website: https://www2.calrecycle.ca.gov/SolidWaste/Site/Summary/352 (accessed April 1, 2022). 23 CalRecycle. Website: https://www2.calrecycle.ca.gov/SolidWaste/Site/Summary/347 (accessed April 1, 2022). 92 federal, State, and local management and reduction statutes and regulations related to solid waste. No mitigation is required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to utilities and service systems, and no mitigation is required. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? X b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? X c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? X d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? X 93 DISCUSSION a) Substantially impair an adopted emergency response plan or emergency evacuation plan? Wildland fires occur in geographic areas that contain the types and conditions of vegetation, topography, weather, and structure density susceptible to risks associated with uncontrolled fires that can be started by lightning, improperly managed campfires, cigarettes, sparks from automobiles, and other ignition sources. According to the California Department of Forestry and Fire Protection (CAL FIRE) Very High Fire Hazard Severity Zone (VHFHSZ) Map for Fresno County, the project site is not located within a Very or High Fire Hazard Severity Zone.24 The proposed project would consist in the development of a medical clinic on an infill site within the City. As a result, project implementation would not physically interfere with evacuation plans or FFD access to and from the project site. In addition, the proposed project’s site plan would be subject to review and approval by the FFD to ensure the project includes adequate emergency access. Moreover, since the project site is not located in or near a VHFHSZ nor is it located in or near a State Responsibility Area (SRA), potential impacts associated with emergency access described above would not pertain to wildfire and would more likely be associated with an urban fire or other emergency situations. Therefore, operation of the proposed project would not substantially impair an adopted emergency response plan or emergency evacuation plan. There would be no impact and no mitigation would be required. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? As stated previously, the project site is not located in or near a VHFHSZ nor is it located in or near a SRA. Therefore, the proposed project would not exacerbate wildfire risks due to slope and prevailing winds, thereby exposing project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. There would be no impact and no mitigation would be required. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Utility and infrastructure improvements included as part of the project are described in Section XIX, Utilities. These improvements would include the installation of water, sanitary sewer, storm water drainage, electricity, natural gas, and telecommunications infrastructure. 24 Cal Fire. Fire Hazard Severity Zone Viewer. Website: https://egis.fire.ca.gov/FHSZ/ (accessed August 2022). 94 The project site is not located in or near a VHFHSZ nor is it located in or near a SRA. Utility installations would not exacerbate fire risk due to the location of the project site in an urban area outside of a designated fire hazard zone. Therefore, the proposed project would not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that would exacerbate fire risk or result in temporary or ongoing impacts to the environment. There would be no impact and no mitigation would be required. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Landslides and other forms of mass wasting, including mud flows, debris flows, and soil slips, occur as soil moves downslope under the influence of gravity. Landslides are frequently triggered by intense rainfall or seismic shaking but can also occur as a result of erosion and downslope runoff caused by rain following a fire. As previously discussed in Section VII, Geology and Soils, the City of Fresno Planning Area is located within an area that consists of mostly flat topography within the Central Valley. Accordingly, there is no risk of large landslides in the majority of the Planning Area. In addition, the project site is generally level and would not expose people or structures to potential substantial adverse effects associated with landslides. Further, as stated previously, the project site is not located in or near a VHFHSZ nor is it located in or near a SRA. Therefore, the proposed project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. There would be no impact and no mitigation would be required. Mitigation Measures The proposed project would not result in any potentially significant impacts related to wildfire, and no mitigation is required. 95 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XXI. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X DISCUSSION a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or 96 restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory? As discussed in Section IV, Biological Resources and Section V, Cultural Resources, with the incorporation of Mitigation Measures BIO-1 and BIO-2 and CUL-1 and CUL-2, development of the proposed project would not: (1) degrade the quality of the environment; (2) substantially reduce the habitat of a fish or wildlife species; (3) cause a fish or wildlife species population to drop below self-sustaining levels; (4) threaten to eliminate a plant or animal community; (5) reduce the number or restrict the range of a rare or endangered plant or animal; or (6) eliminate important examples of the major periods of California history. Therefore, this impact would be less than significant with mitigation incorporated. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) The proposed project’s impacts would be individually limited and not cumulatively considerable due to the site-specific nature of the potential impacts. The potentially significant impacts that can be reduced to less-than-significant levels with implementation of recommended mitigation measures include the topics of Air Quality, Biological Resources, Cultural Resources, Hydrology and Water Quality, Noise, and Tribal Cultural Resources. These impacts would primarily be related to construction-period activities, would be temporary in nature, and would not substantially contribute to any potential cumulative impacts associated with these topics. Implementation of recommended AIR-1, BIO-1 and BIO-2, CUL-1 and CUL-2, HYDRO- 1, and NOI-1 would ensure that the impacts of the project would be below established thresholds of significance and that these impacts would not combine with the impacts of other cumulative projects to result in a cumulatively considerable impact on the environment as a result of project development and this impact would be less than significant with mitigation incorporated. For the topics of Aesthetics, Agriculture and Forestry Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities and Service Systems, and Wildlife, the project would have no impacts or less-than-significant impacts, and therefore, the project would not substantially contribute to any potential cumulative impacts for these topics. As such, impacts would be less than significant with mitigation incorporated. 97 c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? The proposed project’s potential to result in environmental effects that could directly or indirectly impact human beings has been evaluated in this Initial Study. With implementation of the recommended mitigation measures, all environmental effects that could adversely affect human beings, either directly or indirectly, would be less than significant with mitigation incorporated. 3 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) I. AESTHETICS There are no significant impacts to aesthetics. II. AGRICULTURE AND FORESTRY There are no significant impacts to agriculture and forestry resources. III. AIR QUALITY Mitigation Measure AIR-1: Consistent with SJVAPCD Regulation VIII (Fugitive PM10 Prohibitions), the following controls are required to be included as specifications for the proposed project and implemented at the construction site: • All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/ suppressant, covered with a tarp or other suitable cover or vegetative ground cover. • All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/ suppressant. • All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. • When materials are transported off-site, all During Project Construction Construction Contractor Planning & Development Department 4 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained. • All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) • Following the addition of materials to, or the removal of materials from, the surface of out-door storage piles, said piles shall be effectively stabilized of fugitive dust emission utilizing sufficient water or chemical stabilizer/ suppressant. 5 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) IV. BIOLOGICAL RESOURCES Mitigation Measure BIO-1: If project construction activities occur during nesting season (between February 1 and August 31), a qualified biologist shall conduct pre-construction surveys for active bird nests at the project site within 14 days of the onset of these activities. During Project Construction if During the Nesting Season (February 1 to August 31) Construction Contractor Planning & Development Department Mitigation Measure BIO-2: Should any active nests be discovered in or near proposed construction zones, the biologist shall identify a suitable construction-free buffer around the nest. This buffer shall be identified with flagging or fencing (or otherwise clearly demarcated) and shall be maintained until the biologist has determined that the nest is no longer active. During Project Construction Construction Contractor Planning & Development Department V. CULTURAL RESOURCES Mitigation Measure CUL-1: In the event the event that archaeological resources are identified during project activities, work should be halted immediately within 50 feet of the find until a qualified professional archaeologist is contacted to assess the nature and significance of the find and determine if any additional study or treatment of the find is warranted. The archaeologist should develop proper mitigation measures required for the discovery per California Code of Regulations, Title 14, Chapter 3, Section 15064.5(f). Additional studies could include, but would not be limited to, collection and Prior to commencement of, and during, construction activities Construction Contractor Planning & Development Department 6 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) documentation of artifacts, documentation of the cultural resources on State of California Department of Parks and Recreation Series 523 forms, or subsurface testing. If determined appropriate by the qualified archaeologist, archaeological monitoring should commence and continue until grading and excavation are complete or until the monitoring archaeologist determines, based on field observations and in consultation with the qualified archaeologist, that there is little likelihood of encountering additional archaeological cultural resources. Archaeological monitoring may be reduced from full-time to part-time or spot-checking if determined appropriate by the qualified archaeologist based on monitoring results. Upon completion of any monitoring activities, the archaeologist should prepare a report to document the methods and results of monitoring activities. The final version of this report should be submitted to the Southern San Joaquin Valley Information Center. Mitigation Measure CUL-2: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Prior to commencement of, and during, construction activities Construction Contractor Planning & Development Department 7 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. VI. ENERGY There are no significant impacts to energy. VII. GEOLOGY AND SOILS There are no significant impacts to geology and soils. VIII. GREENHOUSE GAS EMISSIONS There are no significant impacts to greenhouse gas emissions. IX. HAZARDS AND HAZARDOUS MATERIAL 8 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) There are no significant impacts to hazards and hazardous material. X. HYDROLOGY AND WATER QUALITY Mitigation Measure HYDRO-1: The project applicant shall mitigate the increased runoff associated with the proposed project by either making improvements to the existing pipeline system to provide additional capacity or use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the project applicant choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a commercial development to a two-year discharge, which would be produced by the property if developed medium density residential. Prior to issuance of building permits Project Applicant Planning & Development Department XI. LAND USE AND PLANNING There are no significant impacts to land use and planning. XII. MINERAL RESOURCES There are no significant impacts to mineral resources. XIII. NOISE Mitigation Measure NOI-1: The project contractor shall implement the following measures during construction of the project: • Construction of the masonry wall on the western property line shall be constructed during the first phase of the construction project. During Project Construction Construction Contractor Planning & Development Department 9 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) • Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards. • Place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the active project site. • Locate equipment staging in areas that would create the greatest possible distance between construction-related noise sources and noise- sensitive receptors nearest the active project site during all construction activities. • Ensure that all general construction-related activities are restricted to between the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday. No construction shall occur on Sunday. • Designate a “disturbance coordinator” at the City who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler) and would determine and implement reasonable measures warranted to correct the problem. XIV. POPULATION AND HOUSING There are no significant impacts to population and housing. XV. PUBLIC SERVICES 10 Table A: Mitigation Monitoring and Reporting Program MITIGATION MEASURE Timing for Mitigation Measure Mitigation Responsibility Monitoring/ Reporting Agency Verification (Initials and Date) There are no significant impacts to public services. XVI. RECREATION There are no significant impacts to recreation. XVII. TRANSPORTATION There are no significant impacts to transportation. XVII. TRIBAL CULTURAL RESOURCES There are no significant impacts to tribal cultural resources. XIX. UTILITIES AND SERVICE SYSTEMS There are no significant impacts to utilities and service systems. XX. WILDFIRE There are no significant impacts to wildfire. Source: LSA (November 2022). Appendix A CalEEMod Output Sheets Valley Health Team Fresno County, Annual Project Characteristics - Land Use - Total project site is 1.23 acres Construction Phase - Construction is expected to start on July 2023 and last 12-14 months Grading - Set to default Demolition - Vehicle Trips - Trips rates based of 406 total daily trips Construction Off-road Equipment Mitigation - Mitigation Tier 2 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population City Park 0.36 Acre 0.36 15,681.60 0 Medical Office Building 11.70 1000sqft 0.37 11,700.00 0 Parking Lot 56.00 Space 0.50 22,400.00 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.2 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas and Electric Company 2024Operational Year CO2 Intensity (lb/MWhr) 203.98 0.033CH4 Intensity (lb/MWhr) 0.004N2O Intensity (lb/MWhr) Table Name Column Name Default Value New Value tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 1 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I -5.±-L ■■i ■li tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 8.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstructionPhase NumDays 10.00 15.00 tblConstructionPhase NumDays 4.00 10.00 tblConstructionPhase NumDays 10.00 15.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 2 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 4 4 r!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! -i- i mm 2.0 Emissions Summary tblConstructionPhase NumDays 2.00 10.00 tblConstructionPhase PhaseEndDate 6/10/2024 7/12/2024 tblConstructionPhase PhaseEndDate 5/13/2024 5/31/2024 tblConstructionPhase PhaseEndDate 8/7/2023 8/25/2023 tblConstructionPhase PhaseEndDate 5/27/2024 6/21/2024 tblConstructionPhase PhaseEndDate 8/1/2023 8/11/2023 tblConstructionPhase PhaseStartDate 5/28/2024 6/24/2024 tblConstructionPhase PhaseStartDate 8/8/2023 8/28/2023 tblConstructionPhase PhaseStartDate 8/2/2023 8/14/2023 tblConstructionPhase PhaseStartDate 5/14/2024 6/3/2024 tblConstructionPhase PhaseStartDate 7/29/2023 7/31/2023 tblLandUse LotAcreage 0.27 0.37 tblVehicleTrips ST_TR 1.96 0.00 tblVehicleTrips ST_TR 8.57 34.70 tblVehicleTrips SU_TR 2.19 0.00 tblVehicleTrips SU_TR 1.42 34.70 tblVehicleTrips WD_TR 0.78 0.00 tblVehicleTrips WD_TR 34.80 34.70 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 3 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 4 4 r!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! -i- i mm 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.0995 0.8231 0.8101 1.5700e- 003 0.0788 0.0356 0.1144 0.0353 0.0339 0.0693 0.0000 133.6389 133.6389 0.0249 1.2700e- 003 134.6395 2024 0.1747 0.6831 0.8007 1.5100e- 003 0.0127 0.0275 0.0403 3.4500e- 003 0.0265 0.0299 0.0000 126.5668 126.5668 0.0198 1.4600e- 003 127.4965 Maximum 0.1747 0.8231 0.8101 1.5700e- 003 0.0788 0.0356 0.1144 0.0353 0.0339 0.0693 0.0000 133.6389 133.6389 0.0249 1.4600e- 003 134.6395 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.0561 1.1756 0.9018 1.5700e- 003 0.0417 0.0446 0.0863 0.0176 0.0445 0.0621 0.0000 133.6388 133.6388 0.0249 1.2700e- 003 134.6393 2024 0.1418 1.0803 0.8614 1.5100e- 003 0.0127 0.0442 0.0569 3.4500e- 003 0.0442 0.0476 0.0000 126.5667 126.5667 0.0198 1.4600e- 003 127.4964 Maximum 0.1418 1.1756 0.9018 1.5700e- 003 0.0417 0.0446 0.0863 0.0176 0.0445 0.0621 0.0000 133.6388 133.6388 0.0249 1.4600e- 003 134.6393 Mitigated Construction CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 4 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 27.84 -49.78 -9.47 0.00 40.51 -40.54 7.42 45.75 -46.86 -10.66 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 7-3-2023 10-2-2023 0.4499 0.5924 2 10-3-2023 1-2-2024 0.4499 0.6126 3 1-3-2024 4-2-2024 0.4208 0.6056 4 4-3-2024 7-2-2024 0.3588 0.5215 5 7-3-2024 9-30-2024 0.0460 0.0498 Highest 0.4499 0.6126 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Energy 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 18.3616 18.3616 1.8200e- 003 3.5000e- 004 18.5114 Mobile 0.1710 0.2497 1.4024 3.0600e- 003 0.2979 2.5700e- 003 0.3005 0.0797 2.4100e- 003 0.0821 0.0000 287.4111 287.4111 0.0176 0.0168 292.8682 Waste 0.0000 0.0000 0.0000 0.0000 25.6560 0.0000 25.6560 1.5162 0.0000 63.5617 Water 0.0000 0.0000 0.0000 0.0000 0.4658 0.9645 1.4302 0.0480 1.1500e- 003 2.9724 Total 0.2278 0.2572 1.4092 3.1000e- 003 0.2979 3.1300e- 003 0.3011 0.0797 2.9700e- 003 0.0827 26.1218 306.7384 332.8602 1.5836 0.0183 377.9150 Unmitigated Operational CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 5 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Energy 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 18.3616 18.3616 1.8200e- 003 3.5000e- 004 18.5114 Mobile 0.1710 0.2497 1.4024 3.0600e- 003 0.2979 2.5700e- 003 0.3005 0.0797 2.4100e- 003 0.0821 0.0000 287.4111 287.4111 0.0176 0.0168 292.8682 Waste 0.0000 0.0000 0.0000 0.0000 25.6560 0.0000 25.6560 1.5162 0.0000 63.5617 Water 0.0000 0.0000 0.0000 0.0000 0.4658 0.9645 1.4302 0.0480 1.1500e- 003 2.9724 Total 0.2278 0.2572 1.4092 3.1000e- 003 0.2979 3.1300e- 003 0.3011 0.0797 2.9700e- 003 0.0827 26.1218 306.7384 332.8602 1.5836 0.0183 377.9150 Mitigated Operational 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 7/3/2023 7/28/2023 5 20 2 Site Preparation Site Preparation 7/31/2023 8/11/2023 5 10 3 Grading Grading 8/14/2023 8/25/2023 5 10 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 6 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ■* ■* II I ■L ■L 4 Building Construction Building Construction 8/28/2023 5/31/2024 5 200 5 Paving Paving 6/3/2024 6/21/2024 5 15 6 Architectural Coating Architectural Coating 6/24/2024 7/12/2024 5 15 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Cement and Mortar Mixers 1 6.00 9 0.56 Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Building Construction Cranes 1 6.00 231 0.29 Building Construction Forklifts 1 6.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Grading Graders 1 8.00 187 0.41 Site Preparation Graders 1 8.00 187 0.41 Paving Pavers 1 6.00 130 0.42 Paving Paving Equipment 1 8.00 132 0.36 Paving Rollers 1 7.00 80 0.38 Demolition Rubber Tired Dozers 1 8.00 247 0.40 Grading Rubber Tired Dozers 1 8.00 247 0.40 Site Preparation Rubber Tired Dozers 1 7.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37 Demolition Tractors/Loaders/Backhoes 3 8.00 97 0.37 Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 17,550; Non-Residential Outdoor: 5,850; Striped Parking Area: 1,344 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 9.38 Acres of Grading (Grading Phase): 10 Acres of Paving: 0.5 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 7 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1 >H-4- 4- 4- 4- h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h 3.1 Mitigation Measures Construction Use Cleaner Engines for Construction Equipment Water Exposed Area Reduce Vehicle Speed on Unpaved Roads Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Building Construction Welders 3 8.00 46 0.45 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 5 13.00 0.00 6.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 7 20.00 8.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 5 13.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 4.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 8 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I ■H-+•■+ iii iii i ■■— i-r* i-r* i-r* i-r* 1 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 6.8000e- 004 0.0000 6.8000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0147 0.1432 0.1346 2.4000e- 004 6.7700e- 003 6.7700e- 003 6.3300e- 003 6.3300e- 003 0.0000 21.0866 21.0866 5.3500e- 003 0.0000 21.2202 Total 0.0147 0.1432 0.1346 2.4000e- 004 6.8000e- 004 6.7700e- 003 7.4500e- 003 1.0000e- 004 6.3300e- 003 6.4300e- 003 0.0000 21.0866 21.0866 5.3500e- 003 0.0000 21.2202 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 1.0000e- 005 3.8000e- 004 8.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1700 0.1700 0.0000 3.0000e- 005 0.1779 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 004 2.6000e- 004 3.0700e- 003 1.0000e- 005 1.0400e- 003 1.0000e- 005 1.0400e- 003 2.8000e- 004 0.0000 2.8000e- 004 0.0000 0.8276 0.8276 2.0000e- 005 2.0000e- 005 0.8353 Total 4.1000e- 004 6.4000e- 004 3.1500e- 003 1.0000e- 005 1.0900e- 003 1.0000e- 005 1.0900e- 003 2.9000e- 004 0.0000 3.0000e- 004 0.0000 0.9975 0.9975 2.0000e- 005 5.0000e- 005 1.0132 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 9 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 3.1000e- 004 0.0000 3.1000e- 004 5.0000e- 005 0.0000 5.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 8.8600e- 003 0.2121 0.1542 2.4000e- 004 7.1800e- 003 7.1800e- 003 7.1800e- 003 7.1800e- 003 0.0000 21.0865 21.0865 5.3500e- 003 0.0000 21.2202 Total 8.8600e- 003 0.2121 0.1542 2.4000e- 004 3.1000e- 004 7.1800e- 003 7.4900e- 003 5.0000e- 005 7.1800e- 003 7.2300e- 003 0.0000 21.0865 21.0865 5.3500e- 003 0.0000 21.2202 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 1.0000e- 005 3.8000e- 004 8.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1700 0.1700 0.0000 3.0000e- 005 0.1779 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 004 2.6000e- 004 3.0700e- 003 1.0000e- 005 1.0400e- 003 1.0000e- 005 1.0400e- 003 2.8000e- 004 0.0000 2.8000e- 004 0.0000 0.8276 0.8276 2.0000e- 005 2.0000e- 005 0.8353 Total 4.1000e- 004 6.4000e- 004 3.1500e- 003 1.0000e- 005 1.0900e- 003 1.0000e- 005 1.0900e- 003 2.9000e- 004 0.0000 3.0000e- 004 0.0000 0.9975 0.9975 2.0000e- 005 5.0000e- 005 1.0132 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 10 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0313 0.0000 0.0313 0.0150 0.0000 0.0150 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 5.6700e- 003 0.0621 0.0332 9.0000e- 005 2.5400e- 003 2.5400e- 003 2.3300e- 003 2.3300e- 003 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Total 5.6700e- 003 0.0621 0.0332 9.0000e- 005 0.0313 2.5400e- 003 0.0339 0.0150 2.3300e- 003 0.0174 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Total 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 11 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0141 0.0000 0.0141 6.7600e- 003 0.0000 6.7600e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.4500e- 003 0.0747 0.0491 9.0000e- 005 1.8700e- 003 1.8700e- 003 1.8700e- 003 1.8700e- 003 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Total 2.4500e- 003 0.0747 0.0491 9.0000e- 005 0.0141 1.8700e- 003 0.0160 6.7600e- 003 1.8700e- 003 8.6300e- 003 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Total 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 12 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0354 0.0000 0.0354 0.0171 0.0000 0.0171 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.6700e- 003 0.0723 0.0435 1.0000e- 004 3.0200e- 003 3.0200e- 003 2.7800e- 003 2.7800e- 003 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1252 Total 6.6700e- 003 0.0723 0.0435 1.0000e- 004 0.0354 3.0200e- 003 0.0384 0.0171 2.7800e- 003 0.0199 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1252 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Total 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 13 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0159 0.0000 0.0159 7.7100e- 003 0.0000 7.7100e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.1300e- 003 0.0905 0.0607 1.0000e- 004 2.4300e- 003 2.4300e- 003 2.4300e- 003 2.4300e- 003 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1251 Total 3.1300e- 003 0.0905 0.0607 1.0000e- 004 0.0159 2.4300e- 003 0.0184 7.7100e- 003 2.4300e- 003 0.0101 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1251 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Total 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 14 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0686 0.5270 0.5675 9.9000e- 004 0.0232 0.0232 0.0224 0.0224 0.0000 81.7196 81.7196 0.0139 0.0000 82.0665 Total 0.0686 0.5270 0.5675 9.9000e- 004 0.0232 0.0232 0.0224 0.0224 0.0000 81.7196 81.7196 0.0139 0.0000 82.0665 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.9000e- 004 0.0158 4.7400e- 003 7.0000e- 005 2.3900e- 003 1.0000e- 004 2.4900e- 003 6.9000e- 004 1.0000e- 004 7.9000e- 004 0.0000 6.9237 6.9237 4.0000e- 005 1.0400e- 003 7.2352 Worker 2.7900e- 003 1.8100e- 003 0.0213 6.0000e- 005 7.2000e- 003 3.0000e- 005 7.2300e- 003 1.9100e- 003 3.0000e- 005 1.9400e- 003 0.0000 5.7295 5.7295 1.7000e- 004 1.6000e- 004 5.7827 Total 3.1800e- 003 0.0176 0.0260 1.3000e- 004 9.5900e- 003 1.3000e- 004 9.7200e- 003 2.6000e- 003 1.3000e- 004 2.7300e- 003 0.0000 12.6532 12.6532 2.1000e- 004 1.2000e- 003 13.0179 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 15 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0378 0.7798 0.6065 9.9000e- 004 0.0329 0.0329 0.0329 0.0329 0.0000 81.7195 81.7195 0.0139 0.0000 82.0664 Total 0.0378 0.7798 0.6065 9.9000e- 004 0.0329 0.0329 0.0329 0.0329 0.0000 81.7195 81.7195 0.0139 0.0000 82.0664 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.9000e- 004 0.0158 4.7400e- 003 7.0000e- 005 2.3900e- 003 1.0000e- 004 2.4900e- 003 6.9000e- 004 1.0000e- 004 7.9000e- 004 0.0000 6.9237 6.9237 4.0000e- 005 1.0400e- 003 7.2352 Worker 2.7900e- 003 1.8100e- 003 0.0213 6.0000e- 005 7.2000e- 003 3.0000e- 005 7.2300e- 003 1.9100e- 003 3.0000e- 005 1.9400e- 003 0.0000 5.7295 5.7295 1.7000e- 004 1.6000e- 004 5.7827 Total 3.1800e- 003 0.0176 0.0260 1.3000e- 004 9.5900e- 003 1.3000e- 004 9.7200e- 003 2.6000e- 003 1.3000e- 004 2.7300e- 003 0.0000 12.6532 12.6532 2.1000e- 004 1.2000e- 003 13.0179 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 16 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0781 0.6085 0.6885 1.2100e- 003 0.0248 0.0248 0.0239 0.0239 0.0000 99.8862 99.8862 0.0166 0.0000 100.3021 Total 0.0781 0.6085 0.6885 1.2100e- 003 0.0248 0.0248 0.0239 0.0239 0.0000 99.8862 99.8862 0.0166 0.0000 100.3021 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 4.6000e- 004 0.0193 5.6600e- 003 9.0000e- 005 2.9200e- 003 1.2000e- 004 3.0400e- 003 8.4000e- 004 1.2000e- 004 9.6000e- 004 0.0000 8.3179 8.3179 4.0000e- 005 1.2500e- 003 8.6921 Worker 3.1500e- 003 1.9500e- 003 0.0240 7.0000e- 005 8.7900e- 003 4.0000e- 005 8.8300e- 003 2.3400e- 003 4.0000e- 005 2.3700e- 003 0.0000 6.8260 6.8260 1.9000e- 004 1.9000e- 004 6.8860 Total 3.6100e- 003 0.0213 0.0297 1.6000e- 004 0.0117 1.6000e- 004 0.0119 3.1800e- 003 1.6000e- 004 3.3300e- 003 0.0000 15.1439 15.1439 2.3000e- 004 1.4400e- 003 15.5781 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 17 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0462 0.9531 0.7413 1.2100e- 003 0.0402 0.0402 0.0402 0.0402 0.0000 99.8861 99.8861 0.0166 0.0000 100.3019 Total 0.0462 0.9531 0.7413 1.2100e- 003 0.0402 0.0402 0.0402 0.0402 0.0000 99.8861 99.8861 0.0166 0.0000 100.3019 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 4.6000e- 004 0.0193 5.6600e- 003 9.0000e- 005 2.9200e- 003 1.2000e- 004 3.0400e- 003 8.4000e- 004 1.2000e- 004 9.6000e- 004 0.0000 8.3179 8.3179 4.0000e- 005 1.2500e- 003 8.6921 Worker 3.1500e- 003 1.9500e- 003 0.0240 7.0000e- 005 8.7900e- 003 4.0000e- 005 8.8300e- 003 2.3400e- 003 4.0000e- 005 2.3700e- 003 0.0000 6.8260 6.8260 1.9000e- 004 1.9000e- 004 6.8860 Total 3.6100e- 003 0.0213 0.0297 1.6000e- 004 0.0117 1.6000e- 004 0.0119 3.1800e- 003 1.6000e- 004 3.3300e- 003 0.0000 15.1439 15.1439 2.3000e- 004 1.4400e- 003 15.5781 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 18 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 4.6300e- 003 0.0440 0.0662 1.0000e- 004 2.1100e- 003 2.1100e- 003 1.9500e- 003 1.9500e- 003 0.0000 8.8306 8.8306 2.8000e- 003 0.0000 8.9005 Paving 6.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 5.2900e- 003 0.0440 0.0662 1.0000e- 004 2.1100e- 003 2.1100e- 003 1.9500e- 003 1.9500e- 003 0.0000 8.8306 8.8306 2.8000e- 003 0.0000 8.9005 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Total 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 19 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 4.1200e- 003 0.0881 0.0739 1.0000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 8.8305 8.8305 2.8000e- 003 0.0000 8.9005 Paving 6.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 4.7800e- 003 0.0881 0.0739 1.0000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 8.8305 8.8305 2.8000e- 003 0.0000 8.9005 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Total 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 20 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.0860 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.3600e- 003 9.1400e- 003 0.0136 2.0000e- 005 4.6000e- 004 4.6000e- 004 4.6000e- 004 4.6000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Total 0.0874 9.1400e- 003 0.0136 2.0000e- 005 4.6000e- 004 4.6000e- 004 4.6000e- 004 4.6000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Total 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 21 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.0860 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 8.5000e- 004 0.0176 0.0137 2.0000e- 005 7.1000e- 004 7.1000e- 004 7.1000e- 004 7.1000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Total 0.0869 0.0176 0.0137 2.0000e- 005 7.1000e- 004 7.1000e- 004 7.1000e- 004 7.1000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Total 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 22 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 4.0 Operational Detail - Mobile ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.1710 0.2497 1.4024 3.0600e- 003 0.2979 2.5700e- 003 0.3005 0.0797 2.4100e- 003 0.0821 0.0000 287.4111 287.4111 0.0176 0.0168 292.8682 Unmitigated 0.1710 0.2497 1.4024 3.0600e- 003 0.2979 2.5700e- 003 0.3005 0.0797 2.4100e- 003 0.0821 0.0000 287.4111 287.4111 0.0176 0.0168 292.8682 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT City Park 0.00 0.00 0.00 Medical Office Building 405.99 405.99 405.99 794,624 794,624 Parking Lot 0.00 0.00 0.00 Total 405.99 405.99 405.99 794,624 794,624 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by City Park 9.50 7.30 7.30 33.00 48.00 19.00 66 28 6 Medical Office Building 9.50 7.30 7.30 29.60 51.40 19.00 60 30 10 Parking Lot 9.50 7.30 7.30 0.00 0.00 0.00 0 0 0 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 23 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ;:* *i Th!h -r*i I I i i T r i i i i 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH City Park 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 Medical Office Building 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 Parking Lot 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 10.2949 10.2949 1.6700e- 003 2.0000e- 004 10.3967 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 10.2949 10.2949 1.6700e- 003 2.0000e- 004 10.3967 NaturalGas Mitigated 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 NaturalGas Unmitigated 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 24 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I I=1 I I I I I I I I I I I I I I I I I I I I I I I I I h I I I I I I I I I I I I I I 4 ■# - - ■# - - * 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Medical Office Building 151164 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 25 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Medical Office Building 151164 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 26 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 Medical Office Building 103428 9.5696 1.5500e- 003 1.9000e- 004 9.6642 Parking Lot 7840 0.7254 1.2000e- 004 1.0000e- 005 0.7326 Total 10.2949 1.6700e- 003 2.0000e- 004 10.3967 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 27 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 Medical Office Building 103428 9.5696 1.5500e- 003 1.9000e- 004 9.6642 Parking Lot 7840 0.7254 1.2000e- 004 1.0000e- 005 0.7326 Total 10.2949 1.6700e- 003 2.0000e- 004 10.3967 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 28 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Unmitigated 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 8.6000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0473 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 6.0000e- 005 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Total 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 29 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -t :: :: : 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 8.6000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0473 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 6.0000e- 005 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Total 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 30 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 1.4302 0.0480 1.1500e- 003 2.9724 Unmitigated 1.4302 0.0480 1.1500e- 003 2.9724 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr City Park 0 / 0.428933 0.1389 2.0000e- 005 0.0000 0.1403 Medical Office Building 1.46812 / 0.279642 1.2913 0.0480 1.1500e- 003 2.8321 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 1.4302 0.0480 1.1500e- 003 2.9724 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 31 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr City Park 0 / 0.428933 0.1389 2.0000e- 005 0.0000 0.1403 Medical Office Building 1.46812 / 0.279642 1.2913 0.0480 1.1500e- 003 2.8321 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 1.4302 0.0480 1.1500e- 003 2.9724 Mitigated 8.1 Mitigation Measures Waste 8.0 Waste Detail CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 32 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total CO2 CH4 N2O CO2e MT/yr Mitigated 25.6560 1.5162 0.0000 63.5617 Unmitigated 25.6560 1.5162 0.0000 63.5617 Category/Year 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr City Park 0.03 6.0900e- 003 3.6000e- 004 0.0000 0.0151 Medical Office Building 126.36 25.6499 1.5159 0.0000 63.5466 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 Total 25.6560 1.5162 0.0000 63.5617 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 33 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr City Park 0.03 6.0900e- 003 3.6000e- 004 0.0000 0.0151 Medical Office Building 126.36 25.6499 1.5159 0.0000 63.5466 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 Total 25.6560 1.5162 0.0000 63.5617 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 34 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I 11.0 Vegetation CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 11:21 AMPage 35 of 35 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Valley Health Team Fresno County, Annual Project Characteristics - Land Use - Total project site is 1.23 acres Construction Phase - Construction is expected to start on July 2023 and last 12-14 months Grading - Set to default Demolition - Vehicle Trips - Trips rates based of 104 total daily trips Construction Off-road Equipment Mitigation - Mitigation Tier 2 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Single Family Housing 11.00 Dwelling Unit 1.23 19,800.00 31 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.2 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas and Electric Company 2024Operational Year CO2 Intensity (lb/MWhr) 203.98 0.033CH4 Intensity (lb/MWhr) 0.004N2O Intensity (lb/MWhr) Table Name Column Name Default Value New Value tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 tblLandUse LotAcreage 3.57 1.23 tblVehicleTrips ST_TR 9.54 9.45 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 1 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied JL -S_X -L X !!4!!4 i 2.0 Emissions Summary tblVehicleTrips SU_TR 8.55 9.45 tblVehicleTrips WD_TR 9.44 9.45 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 2 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 4 ■p ■■ I i. 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.0989 0.7969 0.8238 1.4800e- 003 0.0244 0.0353 0.0597 0.0109 0.0338 0.0446 0.0000 124.1503 124.1503 0.0231 2.4000e- 004 124.8010 2024 0.2588 0.5690 0.6603 1.1700e- 003 2.4100e- 003 0.0234 0.0258 6.5000e- 004 0.0225 0.0231 0.0000 96.8703 96.8703 0.0165 1.8000e- 004 97.3368 Maximum 0.2588 0.7969 0.8238 1.4800e- 003 0.0244 0.0353 0.0597 0.0109 0.0338 0.0446 0.0000 124.1503 124.1503 0.0231 2.4000e- 004 124.8010 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.0989 0.7969 0.8238 1.4800e- 003 0.0128 0.0353 0.0481 5.3700e- 003 0.0338 0.0391 0.0000 124.1502 124.1502 0.0231 2.4000e- 004 124.8008 2024 0.2588 0.5690 0.6603 1.1700e- 003 2.4100e- 003 0.0234 0.0258 6.5000e- 004 0.0225 0.0231 0.0000 96.8702 96.8702 0.0165 1.8000e- 004 97.3367 Maximum 0.2588 0.7969 0.8238 1.4800e- 003 0.0128 0.0353 0.0481 5.3700e- 003 0.0338 0.0391 0.0000 124.1502 124.1502 0.0231 2.4000e- 004 124.8008 Mitigated Construction CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 3 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 43.28 0.00 13.58 47.65 0.00 8.09 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 7-3-2023 10-2-2023 0.4670 0.4670 2 10-3-2023 1-2-2024 0.4365 0.4365 3 1-3-2024 4-2-2024 0.4079 0.4079 4 4-3-2024 7-2-2024 0.4093 0.4093 Highest 0.4670 0.4670 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.1239 8.7700e- 003 0.3110 7.7000e- 004 0.0379 0.0379 0.0379 0.0379 4.9726 4.8987 9.8713 0.0235 9.0000e- 005 10.4839 Energy 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 22.2257 22.2257 1.5800e- 003 4.2000e- 004 22.3898 Mobile 0.0511 0.0864 0.4839 1.1600e- 003 0.1142 9.5000e- 004 0.1151 0.0306 8.9000e- 004 0.0314 0.0000 108.5269 108.5269 5.6300e- 003 5.8900e- 003 110.4215 Waste 0.0000 0.0000 0.0000 0.0000 2.2654 0.0000 2.2654 0.1339 0.0000 5.6124 Water 0.0000 0.0000 0.0000 0.0000 0.2274 0.5051 0.7325 0.0234 5.6000e- 004 1.4857 Total 0.1764 0.1074 0.8001 2.0100e- 003 0.1142 0.0399 0.1540 0.0306 0.0398 0.0704 7.4653 136.1564 143.6217 0.1880 6.9600e- 003 150.3932 Unmitigated Operational CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 4 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.1239 8.7700e- 003 0.3110 7.7000e- 004 0.0379 0.0379 0.0379 0.0379 4.9726 4.8987 9.8713 0.0235 9.0000e- 005 10.4839 Energy 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 22.2257 22.2257 1.5800e- 003 4.2000e- 004 22.3898 Mobile 0.0511 0.0864 0.4839 1.1600e- 003 0.1142 9.5000e- 004 0.1151 0.0306 8.9000e- 004 0.0314 0.0000 108.5269 108.5269 5.6300e- 003 5.8900e- 003 110.4215 Waste 0.0000 0.0000 0.0000 0.0000 2.2654 0.0000 2.2654 0.1339 0.0000 5.6124 Water 0.0000 0.0000 0.0000 0.0000 0.2274 0.5051 0.7325 0.0234 5.6000e- 004 1.4857 Total 0.1764 0.1074 0.8001 2.0100e- 003 0.1142 0.0399 0.1540 0.0306 0.0398 0.0704 7.4653 136.1564 143.6217 0.1880 6.9600e- 003 150.3932 Mitigated Operational 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 7/3/2023 7/28/2023 5 20 2 Site Preparation Site Preparation 7/29/2023 8/1/2023 5 2 3 Grading Grading 8/2/2023 8/7/2023 5 4 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 5 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ■* ■* II I ■L ■L 4 Building Construction Building Construction 8/8/2023 5/13/2024 5 200 5 Paving Paving 5/14/2024 5/27/2024 5 10 6 Architectural Coating Architectural Coating 5/28/2024 6/10/2024 5 10 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Cement and Mortar Mixers 1 6.00 9 0.56 Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Building Construction Cranes 1 6.00 231 0.29 Building Construction Forklifts 1 6.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Grading Graders 1 8.00 187 0.41 Site Preparation Graders 1 8.00 187 0.41 Paving Pavers 1 6.00 130 0.42 Paving Paving Equipment 1 8.00 132 0.36 Paving Rollers 1 7.00 80 0.38 Demolition Rubber Tired Dozers 1 8.00 247 0.40 Grading Rubber Tired Dozers 1 8.00 247 0.40 Site Preparation Rubber Tired Dozers 1 7.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37 Demolition Tractors/Loaders/Backhoes 3 8.00 97 0.37 Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37 Residential Indoor: 40,095; Residential Outdoor: 13,365; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 1.88 Acres of Grading (Grading Phase): 4 Acres of Paving: 0 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 6 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1 >H-4- 4- 4- 4- h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h 3.1 Mitigation Measures Construction Water Exposed Area Reduce Vehicle Speed on Unpaved Roads Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Building Construction Welders 3 8.00 46 0.45 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 5 13.00 0.00 6.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 7 4.00 1.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 5 13.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 1.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 7 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I ■H-+•■+ iii iii i ■■— i-r* i-r* i-r* i-r* 1 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 6.8000e- 004 0.0000 6.8000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0147 0.1432 0.1346 2.4000e- 004 6.7700e- 003 6.7700e- 003 6.3300e- 003 6.3300e- 003 0.0000 21.0866 21.0866 5.3500e- 003 0.0000 21.2202 Total 0.0147 0.1432 0.1346 2.4000e- 004 6.8000e- 004 6.7700e- 003 7.4500e- 003 1.0000e- 004 6.3300e- 003 6.4300e- 003 0.0000 21.0866 21.0866 5.3500e- 003 0.0000 21.2202 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 1.0000e- 005 3.8000e- 004 8.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1700 0.1700 0.0000 3.0000e- 005 0.1779 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 004 2.6000e- 004 3.0700e- 003 1.0000e- 005 1.0400e- 003 1.0000e- 005 1.0400e- 003 2.8000e- 004 0.0000 2.8000e- 004 0.0000 0.8276 0.8276 2.0000e- 005 2.0000e- 005 0.8353 Total 4.1000e- 004 6.4000e- 004 3.1500e- 003 1.0000e- 005 1.0900e- 003 1.0000e- 005 1.0900e- 003 2.9000e- 004 0.0000 3.0000e- 004 0.0000 0.9975 0.9975 2.0000e- 005 5.0000e- 005 1.0132 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 8 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 3.1000e- 004 0.0000 3.1000e- 004 5.0000e- 005 0.0000 5.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0147 0.1432 0.1346 2.4000e- 004 6.7700e- 003 6.7700e- 003 6.3300e- 003 6.3300e- 003 0.0000 21.0865 21.0865 5.3500e- 003 0.0000 21.2202 Total 0.0147 0.1432 0.1346 2.4000e- 004 3.1000e- 004 6.7700e- 003 7.0800e- 003 5.0000e- 005 6.3300e- 003 6.3800e- 003 0.0000 21.0865 21.0865 5.3500e- 003 0.0000 21.2202 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 1.0000e- 005 3.8000e- 004 8.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1700 0.1700 0.0000 3.0000e- 005 0.1779 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 004 2.6000e- 004 3.0700e- 003 1.0000e- 005 1.0400e- 003 1.0000e- 005 1.0400e- 003 2.8000e- 004 0.0000 2.8000e- 004 0.0000 0.8276 0.8276 2.0000e- 005 2.0000e- 005 0.8353 Total 4.1000e- 004 6.4000e- 004 3.1500e- 003 1.0000e- 005 1.0900e- 003 1.0000e- 005 1.0900e- 003 2.9000e- 004 0.0000 3.0000e- 004 0.0000 0.9975 0.9975 2.0000e- 005 5.0000e- 005 1.0132 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 9 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 6.2700e- 003 0.0000 6.2700e- 003 3.0000e- 003 0.0000 3.0000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.1300e- 003 0.0124 6.6400e- 003 2.0000e- 005 5.1000e- 004 5.1000e- 004 4.7000e- 004 4.7000e- 004 0.0000 1.5114 1.5114 4.9000e- 004 0.0000 1.5236 Total 1.1300e- 003 0.0124 6.6400e- 003 2.0000e- 005 6.2700e- 003 5.1000e- 004 6.7800e- 003 3.0000e- 003 4.7000e- 004 3.4700e- 003 0.0000 1.5114 1.5114 4.9000e- 004 0.0000 1.5236 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.0000e- 005 2.0000e- 005 1.9000e- 004 0.0000 6.0000e- 005 0.0000 6.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0509 0.0509 0.0000 0.0000 0.0514 Total 2.0000e- 005 2.0000e- 005 1.9000e- 004 0.0000 6.0000e- 005 0.0000 6.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0509 0.0509 0.0000 0.0000 0.0514 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 10 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 2.8200e- 003 0.0000 2.8200e- 003 1.3500e- 003 0.0000 1.3500e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.1300e- 003 0.0124 6.6400e- 003 2.0000e- 005 5.1000e- 004 5.1000e- 004 4.7000e- 004 4.7000e- 004 0.0000 1.5114 1.5114 4.9000e- 004 0.0000 1.5236 Total 1.1300e- 003 0.0124 6.6400e- 003 2.0000e- 005 2.8200e- 003 5.1000e- 004 3.3300e- 003 1.3500e- 003 4.7000e- 004 1.8200e- 003 0.0000 1.5114 1.5114 4.9000e- 004 0.0000 1.5236 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.0000e- 005 2.0000e- 005 1.9000e- 004 0.0000 6.0000e- 005 0.0000 6.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0509 0.0509 0.0000 0.0000 0.0514 Total 2.0000e- 005 2.0000e- 005 1.9000e- 004 0.0000 6.0000e- 005 0.0000 6.0000e- 005 2.0000e- 005 0.0000 2.0000e- 005 0.0000 0.0509 0.0509 0.0000 0.0000 0.0514 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 11 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0142 0.0000 0.0142 6.8500e- 003 0.0000 6.8500e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.6700e- 003 0.0289 0.0174 4.0000e- 005 1.2100e- 003 1.2100e- 003 1.1100e- 003 1.1100e- 003 0.0000 3.6208 3.6208 1.1700e- 003 0.0000 3.6501 Total 2.6700e- 003 0.0289 0.0174 4.0000e- 005 0.0142 1.2100e- 003 0.0154 6.8500e- 003 1.1100e- 003 7.9600e- 003 0.0000 3.6208 3.6208 1.1700e- 003 0.0000 3.6501 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 6.0000e- 005 4.0000e- 005 4.7000e- 004 0.0000 1.6000e- 004 0.0000 1.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 0.0000 0.1273 0.1273 0.0000 0.0000 0.1285 Total 6.0000e- 005 4.0000e- 005 4.7000e- 004 0.0000 1.6000e- 004 0.0000 1.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 0.0000 0.1273 0.1273 0.0000 0.0000 0.1285 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 12 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 6.3700e- 003 0.0000 6.3700e- 003 3.0800e- 003 0.0000 3.0800e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.6700e- 003 0.0289 0.0174 4.0000e- 005 1.2100e- 003 1.2100e- 003 1.1100e- 003 1.1100e- 003 0.0000 3.6208 3.6208 1.1700e- 003 0.0000 3.6501 Total 2.6700e- 003 0.0289 0.0174 4.0000e- 005 6.3700e- 003 1.2100e- 003 7.5800e- 003 3.0800e- 003 1.1100e- 003 4.1900e- 003 0.0000 3.6208 3.6208 1.1700e- 003 0.0000 3.6501 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 6.0000e- 005 4.0000e- 005 4.7000e- 004 0.0000 1.6000e- 004 0.0000 1.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 0.0000 0.1273 0.1273 0.0000 0.0000 0.1285 Total 6.0000e- 005 4.0000e- 005 4.7000e- 004 0.0000 1.6000e- 004 0.0000 1.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 0.0000 0.1273 0.1273 0.0000 0.0000 0.1285 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 13 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0792 0.6089 0.6558 1.1500e- 003 0.0268 0.0268 0.0258 0.0258 0.0000 94.4315 94.4315 0.0160 0.0000 94.8324 Total 0.0792 0.6089 0.6558 1.1500e- 003 0.0268 0.0268 0.0258 0.0258 0.0000 94.4315 94.4315 0.0160 0.0000 94.8324 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 6.0000e- 005 2.2800e- 003 6.8000e- 004 1.0000e- 005 3.4000e- 004 1.0000e- 005 3.6000e- 004 1.0000e- 004 1.0000e- 005 1.1000e- 004 0.0000 1.0001 1.0001 1.0000e- 005 1.5000e- 004 1.0451 Worker 6.4000e- 004 4.2000e- 004 4.9200e- 003 1.0000e- 005 1.6600e- 003 1.0000e- 005 1.6700e- 003 4.4000e- 004 1.0000e- 005 4.5000e- 004 0.0000 1.3241 1.3241 4.0000e- 005 4.0000e- 005 1.3364 Total 7.0000e- 004 2.7000e- 003 5.6000e- 003 2.0000e- 005 2.0000e- 003 2.0000e- 005 2.0300e- 003 5.4000e- 004 2.0000e- 005 5.6000e- 004 0.0000 2.3242 2.3242 5.0000e- 005 1.9000e- 004 2.3815 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 14 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0792 0.6089 0.6558 1.1500e- 003 0.0268 0.0268 0.0258 0.0258 0.0000 94.4314 94.4314 0.0160 0.0000 94.8323 Total 0.0792 0.6089 0.6558 1.1500e- 003 0.0268 0.0268 0.0258 0.0258 0.0000 94.4314 94.4314 0.0160 0.0000 94.8323 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 6.0000e- 005 2.2800e- 003 6.8000e- 004 1.0000e- 005 3.4000e- 004 1.0000e- 005 3.6000e- 004 1.0000e- 004 1.0000e- 005 1.1000e- 004 0.0000 1.0001 1.0001 1.0000e- 005 1.5000e- 004 1.0451 Worker 6.4000e- 004 4.2000e- 004 4.9200e- 003 1.0000e- 005 1.6600e- 003 1.0000e- 005 1.6700e- 003 4.4000e- 004 1.0000e- 005 4.5000e- 004 0.0000 1.3241 1.3241 4.0000e- 005 4.0000e- 005 1.3364 Total 7.0000e- 004 2.7000e- 003 5.6000e- 003 2.0000e- 005 2.0000e- 003 2.0000e- 005 2.0300e- 003 5.4000e- 004 2.0000e- 005 5.6000e- 004 0.0000 2.3242 2.3242 5.0000e- 005 1.9000e- 004 2.3815 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 15 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0682 0.5311 0.6008 1.0600e- 003 0.0216 0.0216 0.0209 0.0209 0.0000 87.1734 87.1734 0.0145 0.0000 87.5363 Total 0.0682 0.5311 0.6008 1.0600e- 003 0.0216 0.0216 0.0209 0.0209 0.0000 87.1734 87.1734 0.0145 0.0000 87.5363 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 5.0000e- 005 2.1100e- 003 6.2000e- 004 1.0000e- 005 3.2000e- 004 1.0000e- 005 3.3000e- 004 9.0000e- 005 1.0000e- 005 1.0000e- 004 0.0000 0.9074 0.9074 0.0000 1.4000e- 004 0.9482 Worker 5.5000e- 004 3.4000e- 004 4.1900e- 003 1.0000e- 005 1.5300e- 003 1.0000e- 005 1.5400e- 003 4.1000e- 004 1.0000e- 005 4.1000e- 004 0.0000 1.1915 1.1915 3.0000e- 005 3.0000e- 005 1.2019 Total 6.0000e- 004 2.4500e- 003 4.8100e- 003 2.0000e- 005 1.8500e- 003 2.0000e- 005 1.8700e- 003 5.0000e- 004 2.0000e- 005 5.1000e- 004 0.0000 2.0989 2.0989 3.0000e- 005 1.7000e- 004 2.1502 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 16 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0682 0.5311 0.6008 1.0600e- 003 0.0216 0.0216 0.0209 0.0209 0.0000 87.1733 87.1733 0.0145 0.0000 87.5362 Total 0.0682 0.5311 0.6008 1.0600e- 003 0.0216 0.0216 0.0209 0.0209 0.0000 87.1733 87.1733 0.0145 0.0000 87.5362 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 5.0000e- 005 2.1100e- 003 6.2000e- 004 1.0000e- 005 3.2000e- 004 1.0000e- 005 3.3000e- 004 9.0000e- 005 1.0000e- 005 1.0000e- 004 0.0000 0.9074 0.9074 0.0000 1.4000e- 004 0.9482 Worker 5.5000e- 004 3.4000e- 004 4.1900e- 003 1.0000e- 005 1.5300e- 003 1.0000e- 005 1.5400e- 003 4.1000e- 004 1.0000e- 005 4.1000e- 004 0.0000 1.1915 1.1915 3.0000e- 005 3.0000e- 005 1.2019 Total 6.0000e- 004 2.4500e- 003 4.8100e- 003 2.0000e- 005 1.8500e- 003 2.0000e- 005 1.8700e- 003 5.0000e- 004 2.0000e- 005 5.1000e- 004 0.0000 2.0989 2.0989 3.0000e- 005 1.7000e- 004 2.1502 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 17 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 3.0900e- 003 0.0293 0.0441 7.0000e- 005 1.4100e- 003 1.4100e- 003 1.3000e- 003 1.3000e- 003 0.0000 5.8870 5.8870 1.8700e- 003 0.0000 5.9337 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 3.0900e- 003 0.0293 0.0441 7.0000e- 005 1.4100e- 003 1.4100e- 003 1.3000e- 003 1.3000e- 003 0.0000 5.8870 5.8870 1.8700e- 003 0.0000 5.9337 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.9000e- 004 1.1000e- 004 1.4200e- 003 0.0000 5.2000e- 004 0.0000 5.2000e- 004 1.4000e- 004 0.0000 1.4000e- 004 0.0000 0.4034 0.4034 1.0000e- 005 1.0000e- 005 0.4069 Total 1.9000e- 004 1.1000e- 004 1.4200e- 003 0.0000 5.2000e- 004 0.0000 5.2000e- 004 1.4000e- 004 0.0000 1.4000e- 004 0.0000 0.4034 0.4034 1.0000e- 005 1.0000e- 005 0.4069 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 18 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 3.0900e- 003 0.0293 0.0441 7.0000e- 005 1.4100e- 003 1.4100e- 003 1.3000e- 003 1.3000e- 003 0.0000 5.8870 5.8870 1.8700e- 003 0.0000 5.9337 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 3.0900e- 003 0.0293 0.0441 7.0000e- 005 1.4100e- 003 1.4100e- 003 1.3000e- 003 1.3000e- 003 0.0000 5.8870 5.8870 1.8700e- 003 0.0000 5.9337 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.9000e- 004 1.1000e- 004 1.4200e- 003 0.0000 5.2000e- 004 0.0000 5.2000e- 004 1.4000e- 004 0.0000 1.4000e- 004 0.0000 0.4034 0.4034 1.0000e- 005 1.0000e- 005 0.4069 Total 1.9000e- 004 1.1000e- 004 1.4200e- 003 0.0000 5.2000e- 004 0.0000 5.2000e- 004 1.4000e- 004 0.0000 1.4000e- 004 0.0000 0.4034 0.4034 1.0000e- 005 1.0000e- 005 0.4069 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 19 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.1858 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 9.0000e- 004 6.0900e- 003 9.0500e- 003 1.0000e- 005 3.0000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 0.0000 1.2766 1.2766 7.0000e- 005 0.0000 1.2784 Total 0.1867 6.0900e- 003 9.0500e- 003 1.0000e- 005 3.0000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 0.0000 1.2766 1.2766 7.0000e- 005 0.0000 1.2784 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.0000e- 005 1.0000e- 005 1.1000e- 004 0.0000 4.0000e- 005 0.0000 4.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0310 0.0310 0.0000 0.0000 0.0313 Total 1.0000e- 005 1.0000e- 005 1.1000e- 004 0.0000 4.0000e- 005 0.0000 4.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0310 0.0310 0.0000 0.0000 0.0313 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 20 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.1858 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 9.0000e- 004 6.0900e- 003 9.0500e- 003 1.0000e- 005 3.0000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 0.0000 1.2766 1.2766 7.0000e- 005 0.0000 1.2784 Total 0.1867 6.0900e- 003 9.0500e- 003 1.0000e- 005 3.0000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 0.0000 1.2766 1.2766 7.0000e- 005 0.0000 1.2784 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.0000e- 005 1.0000e- 005 1.1000e- 004 0.0000 4.0000e- 005 0.0000 4.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0310 0.0310 0.0000 0.0000 0.0313 Total 1.0000e- 005 1.0000e- 005 1.1000e- 004 0.0000 4.0000e- 005 0.0000 4.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0310 0.0310 0.0000 0.0000 0.0313 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 21 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* 4.0 Operational Detail - Mobile ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0511 0.0864 0.4839 1.1600e- 003 0.1142 9.5000e- 004 0.1151 0.0306 8.9000e- 004 0.0314 0.0000 108.5269 108.5269 5.6300e- 003 5.8900e- 003 110.4215 Unmitigated 0.0511 0.0864 0.4839 1.1600e- 003 0.1142 9.5000e- 004 0.1151 0.0306 8.9000e- 004 0.0314 0.0000 108.5269 108.5269 5.6300e- 003 5.8900e- 003 110.4215 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Single Family Housing 103.95 103.95 103.95 304,539 304,539 Total 103.95 103.95 103.95 304,539 304,539 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Single Family Housing 10.80 7.30 7.50 48.40 15.90 35.70 86 11 3 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Single Family Housing 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 22 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I I I I 3 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 8.1156 8.1156 1.3100e- 003 1.6000e- 004 8.1958 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 8.1156 8.1156 1.3100e- 003 1.6000e- 004 8.1958 NaturalGas Mitigated 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 14.1101 14.1101 2.7000e- 004 2.6000e- 004 14.1939 NaturalGas Unmitigated 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 14.1101 14.1101 2.7000e- 004 2.6000e- 004 14.1939 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 23 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■* - - + 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Single Family Housing 264413 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 14.1101 14.1101 2.7000e- 004 2.6000e- 004 14.1939 Total 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 14.1101 14.1101 2.7000e- 004 2.6000e- 004 14.1939 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Single Family Housing 264413 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 14.1101 14.1101 2.7000e- 004 2.6000e- 004 14.1939 Total 1.4300e- 003 0.0122 5.1800e- 003 8.0000e- 005 9.9000e- 004 9.9000e- 004 9.9000e- 004 9.9000e- 004 0.0000 14.1101 14.1101 2.7000e- 004 2.6000e- 004 14.1939 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 24 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I:i.i. i. ii 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Single Family Housing 87713.6 8.1156 1.3100e- 003 1.6000e- 004 8.1958 Total 8.1156 1.3100e- 003 1.6000e- 004 8.1958 Unmitigated Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Single Family Housing 87713.6 8.1156 1.3100e- 003 1.6000e- 004 8.1958 Total 8.1156 1.3100e- 003 1.6000e- 004 8.1958 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 25 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied k,I i. i. i. k,I I I k,I I I il I I I ii ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.1239 8.7700e- 003 0.3110 7.7000e- 004 0.0379 0.0379 0.0379 0.0379 4.9726 4.8987 9.8713 0.0235 9.0000e- 005 10.4839 Unmitigated 0.1239 8.7700e- 003 0.3110 7.7000e- 004 0.0379 0.0379 0.0379 0.0379 4.9726 4.8987 9.8713 0.0235 9.0000e- 005 10.4839 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0186 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0773 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 0.0256 7.8300e- 003 0.2294 7.7000e- 004 0.0375 0.0375 0.0375 0.0375 4.9726 4.7653 9.7378 0.0233 9.0000e- 005 10.3473 Landscaping 2.4500e- 003 9.4000e- 004 0.0816 0.0000 4.5000e- 004 4.5000e- 004 4.5000e- 004 4.5000e- 004 0.0000 0.1334 0.1334 1.3000e- 004 0.0000 0.1366 Total 0.1239 8.7700e- 003 0.3110 7.7000e- 004 0.0379 0.0379 0.0379 0.0379 4.9726 4.8987 9.8713 0.0235 9.0000e- 005 10.4839 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 26 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied * 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0186 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0773 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 0.0256 7.8300e- 003 0.2294 7.7000e- 004 0.0375 0.0375 0.0375 0.0375 4.9726 4.7653 9.7378 0.0233 9.0000e- 005 10.3473 Landscaping 2.4500e- 003 9.4000e- 004 0.0816 0.0000 4.5000e- 004 4.5000e- 004 4.5000e- 004 4.5000e- 004 0.0000 0.1334 0.1334 1.3000e- 004 0.0000 0.1366 Total 0.1239 8.7700e- 003 0.3110 7.7000e- 004 0.0379 0.0379 0.0379 0.0379 4.9726 4.8987 9.8713 0.0235 9.0000e- 005 10.4839 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 27 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ■# - - -* ■* Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 0.7325 0.0234 5.6000e- 004 1.4857 Unmitigated 0.7325 0.0234 5.6000e- 004 1.4857 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Single Family Housing 0.716694 / 0.451829 0.7325 0.0234 5.6000e- 004 1.4857 Total 0.7325 0.0234 5.6000e- 004 1.4857 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 28 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1. tlIi. 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Single Family Housing 0.716694 / 0.451829 0.7325 0.0234 5.6000e- 004 1.4857 Total 0.7325 0.0234 5.6000e- 004 1.4857 Mitigated 8.1 Mitigation Measures Waste 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 2.2654 0.1339 0.0000 5.6124 Unmitigated 2.2654 0.1339 0.0000 5.6124 Category/Year CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 29 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied tl I I IIi.I I Ii.I I I i. 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Single Family Housing 11.16 2.2654 0.1339 0.0000 5.6124 Total 2.2654 0.1339 0.0000 5.6124 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Single Family Housing 11.16 2.2654 0.1339 0.0000 5.6124 Total 2.2654 0.1339 0.0000 5.6124 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 30 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied k,II k.Ii.I1. il I k,I A.i i. 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2020.4.0 Date: 4/21/2022 5:05 PMPage 31 of 31 Valley Health Team - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled Fresno County, Annual Project Characteristics - Land Use - Total project site is 1.23 acres Construction Phase - Construction is expected to start on July 2023 and last 12-14 months Demolition - Grading - Set to default Vehicle Trips - Trips rates based of 406 total daily trips and taking into account 10% bus trips and 25% telemedicine appointments. Also revised the trip lenght to reflect that patients and visitors would be from within Pinedale. Construction Off-road Equipment Mitigation - Mitigation Tier 2 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Medical Office Building 11.70 1000sqft 0.37 11,700.00 0 Parking Lot 56.00 Space 0.50 22,400.00 0 City Park 0.36 Acre 0.36 15,681.60 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.2 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas and Electric Company 2024Operational Year CO2 Intensity (lb/MWhr) 203.98 0.033CH4 Intensity (lb/MWhr) 0.004N2O Intensity (lb/MWhr) Table Name Column Name Default Value New Value tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 1 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I -5.±-L J. tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 8.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstEquipMitigation Tier No Change Tier 2 tblConstructionPhase NumDays 10.00 15.00 tblConstructionPhase NumDays 4.00 10.00 tblConstructionPhase NumDays 10.00 15.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 2 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 4 4 r!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! T!! -i- i mm 2.0 Emissions Summary tblConstructionPhase NumDays 2.00 10.00 tblLandUse LotAcreage 0.27 0.37 tblVehicleTrips CC_TL 7.30 2.00 tblVehicleTrips CNW_TL 7.30 2.00 tblVehicleTrips CW_TL 9.50 2.00 tblVehicleTrips ST_TR 1.96 0.00 tblVehicleTrips ST_TR 8.57 22.60 tblVehicleTrips SU_TR 2.19 0.00 tblVehicleTrips SU_TR 1.42 22.60 tblVehicleTrips WD_TR 0.78 0.00 tblVehicleTrips WD_TR 34.80 22.60 CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 3 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 4 4 r!! T!! T!! T!! T!! T!! T!! T!! T!! -i- i mm 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.0995 0.8231 0.8101 1.5700e- 003 0.0788 0.0356 0.1144 0.0353 0.0339 0.0693 0.0000 133.6389 133.6389 0.0249 1.2700e- 003 134.6395 2024 0.1747 0.6831 0.8007 1.5100e- 003 0.0127 0.0275 0.0403 3.4500e- 003 0.0265 0.0299 0.0000 126.5668 126.5668 0.0198 1.4600e- 003 127.4965 Maximum 0.1747 0.8231 0.8101 1.5700e- 003 0.0788 0.0356 0.1144 0.0353 0.0339 0.0693 0.0000 133.6389 133.6389 0.0249 1.4600e- 003 134.6395 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2023 0.0561 1.1756 0.9018 1.5700e- 003 0.0417 0.0446 0.0863 0.0176 0.0445 0.0621 0.0000 133.6388 133.6388 0.0249 1.2700e- 003 134.6393 2024 0.1418 1.0803 0.8614 1.5100e- 003 0.0127 0.0442 0.0569 3.4500e- 003 0.0442 0.0476 0.0000 126.5667 126.5667 0.0198 1.4600e- 003 127.4964 Maximum 0.1418 1.1756 0.9018 1.5700e- 003 0.0417 0.0446 0.0863 0.0176 0.0445 0.0621 0.0000 133.6388 133.6388 0.0249 1.4600e- 003 134.6393 Mitigated Construction CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 4 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 27.84 -49.78 -9.47 0.00 40.51 -40.54 7.42 45.75 -46.86 -10.66 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 7-3-2023 10-2-2023 0.4499 0.5924 2 10-3-2023 1-2-2024 0.4499 0.6126 3 1-3-2024 4-2-2024 0.4208 0.6056 4 4-3-2024 7-2-2024 0.3588 0.5215 5 7-3-2024 9-30-2024 0.0460 0.0498 Highest 0.4499 0.6126 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Energy 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 18.3616 18.3616 1.8200e- 003 3.5000e- 004 18.5114 Mobile 0.0836 0.0766 0.4359 5.7000e- 004 0.0491 5.7000e- 004 0.0496 0.0131 5.3000e- 004 0.0137 0.0000 53.5540 53.5540 7.0700e- 003 4.9500e- 003 55.2059 Waste 0.0000 0.0000 0.0000 0.0000 25.6560 0.0000 25.6560 1.5162 0.0000 63.5617 Water 0.0000 0.0000 0.0000 0.0000 0.4658 0.9645 1.4302 0.0480 1.1500e- 003 2.9724 Total 0.1403 0.0841 0.4427 6.1000e- 004 0.0491 1.1300e- 003 0.0502 0.0131 1.0900e- 003 0.0142 26.1218 72.8813 99.0031 1.5731 6.4500e- 003 140.2527 Unmitigated Operational CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 5 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Energy 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 18.3616 18.3616 1.8200e- 003 3.5000e- 004 18.5114 Mobile 0.0836 0.0766 0.4359 5.7000e- 004 0.0491 5.7000e- 004 0.0496 0.0131 5.3000e- 004 0.0137 0.0000 53.5540 53.5540 7.0700e- 003 4.9500e- 003 55.2059 Waste 0.0000 0.0000 0.0000 0.0000 25.6560 0.0000 25.6560 1.5162 0.0000 63.5617 Water 0.0000 0.0000 0.0000 0.0000 0.4658 0.9645 1.4302 0.0480 1.1500e- 003 2.9724 Total 0.1403 0.0841 0.4427 6.1000e- 004 0.0491 1.1300e- 003 0.0502 0.0131 1.0900e- 003 0.0142 26.1218 72.8813 99.0031 1.5731 6.4500e- 003 140.2527 Mitigated Operational 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 7/3/2023 7/28/2023 5 20 2 Site Preparation Site Preparation 7/31/2023 8/11/2023 5 10 3 Grading Grading 8/14/2023 8/25/2023 5 10 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 6 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* ■* ■* II I ■L ■L 4 Building Construction Building Construction 8/28/2023 5/31/2024 5 200 5 Paving Paving 6/3/2024 6/21/2024 5 15 6 Architectural Coating Architectural Coating 6/24/2024 7/12/2024 5 15 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Demolition Rubber Tired Dozers 1 8.00 247 0.40 Demolition Tractors/Loaders/Backhoes 3 8.00 97 0.37 Site Preparation Graders 1 8.00 187 0.41 Site Preparation Rubber Tired Dozers 1 7.00 247 0.40 Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Grading Graders 1 8.00 187 0.41 Grading Rubber Tired Dozers 1 8.00 247 0.40 Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37 Building Construction Cranes 1 6.00 231 0.29 Building Construction Forklifts 1 6.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37 Building Construction Welders 3 8.00 46 0.45 Paving Cement and Mortar Mixers 1 6.00 9 0.56 Paving Pavers 1 6.00 130 0.42 Paving Paving Equipment 1 8.00 132 0.36 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 17,550; Non-Residential Outdoor: 5,850; Striped Parking Area: 1,344 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 9.38 Acres of Grading (Grading Phase): 10 Acres of Paving: 0.5 CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 7 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 1 >H-4- 4- 4- 4- h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h 3.1 Mitigation Measures Construction Use Cleaner Engines for Construction Equipment Water Exposed Area Reduce Vehicle Speed on Unpaved Roads Paving Rollers 1 7.00 80 0.38 Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Architectural Coating Air Compressors 1 6.00 78 0.48 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 5 13.00 0.00 6.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 7 20.00 8.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 5 13.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 4.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 8 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I ■H-+•■+ iii iii i ■■— i-r* i-r* i-r* i-r* 1 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 6.8000e- 004 0.0000 6.8000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0147 0.1432 0.1346 2.4000e- 004 6.7700e- 003 6.7700e- 003 6.3300e- 003 6.3300e- 003 0.0000 21.0866 21.0866 5.3500e- 003 0.0000 21.2202 Total 0.0147 0.1432 0.1346 2.4000e- 004 6.8000e- 004 6.7700e- 003 7.4500e- 003 1.0000e- 004 6.3300e- 003 6.4300e- 003 0.0000 21.0866 21.0866 5.3500e- 003 0.0000 21.2202 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 1.0000e- 005 3.8000e- 004 8.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1700 0.1700 0.0000 3.0000e- 005 0.1779 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 004 2.6000e- 004 3.0700e- 003 1.0000e- 005 1.0400e- 003 1.0000e- 005 1.0400e- 003 2.8000e- 004 0.0000 2.8000e- 004 0.0000 0.8276 0.8276 2.0000e- 005 2.0000e- 005 0.8353 Total 4.1000e- 004 6.4000e- 004 3.1500e- 003 1.0000e- 005 1.0900e- 003 1.0000e- 005 1.0900e- 003 2.9000e- 004 0.0000 3.0000e- 004 0.0000 0.9975 0.9975 2.0000e- 005 5.0000e- 005 1.0132 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 9 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.2 Demolition - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 3.1000e- 004 0.0000 3.1000e- 004 5.0000e- 005 0.0000 5.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 8.8600e- 003 0.2121 0.1542 2.4000e- 004 7.1800e- 003 7.1800e- 003 7.1800e- 003 7.1800e- 003 0.0000 21.0865 21.0865 5.3500e- 003 0.0000 21.2202 Total 8.8600e- 003 0.2121 0.1542 2.4000e- 004 3.1000e- 004 7.1800e- 003 7.4900e- 003 5.0000e- 005 7.1800e- 003 7.2300e- 003 0.0000 21.0865 21.0865 5.3500e- 003 0.0000 21.2202 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 1.0000e- 005 3.8000e- 004 8.0000e- 005 0.0000 5.0000e- 005 0.0000 5.0000e- 005 1.0000e- 005 0.0000 2.0000e- 005 0.0000 0.1700 0.1700 0.0000 3.0000e- 005 0.1779 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 004 2.6000e- 004 3.0700e- 003 1.0000e- 005 1.0400e- 003 1.0000e- 005 1.0400e- 003 2.8000e- 004 0.0000 2.8000e- 004 0.0000 0.8276 0.8276 2.0000e- 005 2.0000e- 005 0.8353 Total 4.1000e- 004 6.4000e- 004 3.1500e- 003 1.0000e- 005 1.0900e- 003 1.0000e- 005 1.0900e- 003 2.9000e- 004 0.0000 3.0000e- 004 0.0000 0.9975 0.9975 2.0000e- 005 5.0000e- 005 1.0132 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 10 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0313 0.0000 0.0313 0.0150 0.0000 0.0150 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 5.6700e- 003 0.0621 0.0332 9.0000e- 005 2.5400e- 003 2.5400e- 003 2.3300e- 003 2.3300e- 003 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Total 5.6700e- 003 0.0621 0.0332 9.0000e- 005 0.0313 2.5400e- 003 0.0339 0.0150 2.3300e- 003 0.0174 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Total 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 11 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.3 Site Preparation - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0141 0.0000 0.0141 6.7600e- 003 0.0000 6.7600e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.4500e- 003 0.0747 0.0491 9.0000e- 005 1.8700e- 003 1.8700e- 003 1.8700e- 003 1.8700e- 003 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Total 2.4500e- 003 0.0747 0.0491 9.0000e- 005 0.0141 1.8700e- 003 0.0160 6.7600e- 003 1.8700e- 003 8.6300e- 003 0.0000 7.5571 7.5571 2.4400e- 003 0.0000 7.6182 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Total 1.2000e- 004 8.0000e- 005 9.5000e- 004 0.0000 3.2000e- 004 0.0000 3.2000e- 004 8.0000e- 005 0.0000 9.0000e- 005 0.0000 0.2546 0.2546 1.0000e- 005 1.0000e- 005 0.2570 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 12 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0354 0.0000 0.0354 0.0171 0.0000 0.0171 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.6700e- 003 0.0723 0.0435 1.0000e- 004 3.0200e- 003 3.0200e- 003 2.7800e- 003 2.7800e- 003 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1252 Total 6.6700e- 003 0.0723 0.0435 1.0000e- 004 0.0354 3.0200e- 003 0.0384 0.0171 2.7800e- 003 0.0199 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1252 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Total 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 13 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.4 Grading - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0159 0.0000 0.0159 7.7100e- 003 0.0000 7.7100e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.1300e- 003 0.0905 0.0607 1.0000e- 004 2.4300e- 003 2.4300e- 003 2.4300e- 003 2.4300e- 003 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1251 Total 3.1300e- 003 0.0905 0.0607 1.0000e- 004 0.0159 2.4300e- 003 0.0184 7.7100e- 003 2.4300e- 003 0.0101 0.0000 9.0520 9.0520 2.9300e- 003 0.0000 9.1251 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Total 1.5000e- 004 1.0000e- 004 1.1800e- 003 0.0000 4.0000e- 004 0.0000 4.0000e- 004 1.1000e- 004 0.0000 1.1000e- 004 0.0000 0.3183 0.3183 1.0000e- 005 1.0000e- 005 0.3213 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 14 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0686 0.5270 0.5675 9.9000e- 004 0.0232 0.0232 0.0224 0.0224 0.0000 81.7196 81.7196 0.0139 0.0000 82.0665 Total 0.0686 0.5270 0.5675 9.9000e- 004 0.0232 0.0232 0.0224 0.0224 0.0000 81.7196 81.7196 0.0139 0.0000 82.0665 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.9000e- 004 0.0158 4.7400e- 003 7.0000e- 005 2.3900e- 003 1.0000e- 004 2.4900e- 003 6.9000e- 004 1.0000e- 004 7.9000e- 004 0.0000 6.9237 6.9237 4.0000e- 005 1.0400e- 003 7.2352 Worker 2.7900e- 003 1.8100e- 003 0.0213 6.0000e- 005 7.2000e- 003 3.0000e- 005 7.2300e- 003 1.9100e- 003 3.0000e- 005 1.9400e- 003 0.0000 5.7295 5.7295 1.7000e- 004 1.6000e- 004 5.7827 Total 3.1800e- 003 0.0176 0.0260 1.3000e- 004 9.5900e- 003 1.3000e- 004 9.7200e- 003 2.6000e- 003 1.3000e- 004 2.7300e- 003 0.0000 12.6532 12.6532 2.1000e- 004 1.2000e- 003 13.0179 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 15 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2023 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0378 0.7798 0.6065 9.9000e- 004 0.0329 0.0329 0.0329 0.0329 0.0000 81.7195 81.7195 0.0139 0.0000 82.0664 Total 0.0378 0.7798 0.6065 9.9000e- 004 0.0329 0.0329 0.0329 0.0329 0.0000 81.7195 81.7195 0.0139 0.0000 82.0664 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.9000e- 004 0.0158 4.7400e- 003 7.0000e- 005 2.3900e- 003 1.0000e- 004 2.4900e- 003 6.9000e- 004 1.0000e- 004 7.9000e- 004 0.0000 6.9237 6.9237 4.0000e- 005 1.0400e- 003 7.2352 Worker 2.7900e- 003 1.8100e- 003 0.0213 6.0000e- 005 7.2000e- 003 3.0000e- 005 7.2300e- 003 1.9100e- 003 3.0000e- 005 1.9400e- 003 0.0000 5.7295 5.7295 1.7000e- 004 1.6000e- 004 5.7827 Total 3.1800e- 003 0.0176 0.0260 1.3000e- 004 9.5900e- 003 1.3000e- 004 9.7200e- 003 2.6000e- 003 1.3000e- 004 2.7300e- 003 0.0000 12.6532 12.6532 2.1000e- 004 1.2000e- 003 13.0179 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 16 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0781 0.6085 0.6885 1.2100e- 003 0.0248 0.0248 0.0239 0.0239 0.0000 99.8862 99.8862 0.0166 0.0000 100.3021 Total 0.0781 0.6085 0.6885 1.2100e- 003 0.0248 0.0248 0.0239 0.0239 0.0000 99.8862 99.8862 0.0166 0.0000 100.3021 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 4.6000e- 004 0.0193 5.6600e- 003 9.0000e- 005 2.9200e- 003 1.2000e- 004 3.0400e- 003 8.4000e- 004 1.2000e- 004 9.6000e- 004 0.0000 8.3179 8.3179 4.0000e- 005 1.2500e- 003 8.6921 Worker 3.1500e- 003 1.9500e- 003 0.0240 7.0000e- 005 8.7900e- 003 4.0000e- 005 8.8300e- 003 2.3400e- 003 4.0000e- 005 2.3700e- 003 0.0000 6.8260 6.8260 1.9000e- 004 1.9000e- 004 6.8860 Total 3.6100e- 003 0.0213 0.0297 1.6000e- 004 0.0117 1.6000e- 004 0.0119 3.1800e- 003 1.6000e- 004 3.3300e- 003 0.0000 15.1439 15.1439 2.3000e- 004 1.4400e- 003 15.5781 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 17 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.5 Building Construction - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0462 0.9531 0.7413 1.2100e- 003 0.0402 0.0402 0.0402 0.0402 0.0000 99.8861 99.8861 0.0166 0.0000 100.3019 Total 0.0462 0.9531 0.7413 1.2100e- 003 0.0402 0.0402 0.0402 0.0402 0.0000 99.8861 99.8861 0.0166 0.0000 100.3019 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 4.6000e- 004 0.0193 5.6600e- 003 9.0000e- 005 2.9200e- 003 1.2000e- 004 3.0400e- 003 8.4000e- 004 1.2000e- 004 9.6000e- 004 0.0000 8.3179 8.3179 4.0000e- 005 1.2500e- 003 8.6921 Worker 3.1500e- 003 1.9500e- 003 0.0240 7.0000e- 005 8.7900e- 003 4.0000e- 005 8.8300e- 003 2.3400e- 003 4.0000e- 005 2.3700e- 003 0.0000 6.8260 6.8260 1.9000e- 004 1.9000e- 004 6.8860 Total 3.6100e- 003 0.0213 0.0297 1.6000e- 004 0.0117 1.6000e- 004 0.0119 3.1800e- 003 1.6000e- 004 3.3300e- 003 0.0000 15.1439 15.1439 2.3000e- 004 1.4400e- 003 15.5781 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 18 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I■ I :i i i i i i i i i i i i i i i i i i 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 4.6300e- 003 0.0440 0.0662 1.0000e- 004 2.1100e- 003 2.1100e- 003 1.9500e- 003 1.9500e- 003 0.0000 8.8306 8.8306 2.8000e- 003 0.0000 8.9005 Paving 6.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 5.2900e- 003 0.0440 0.0662 1.0000e- 004 2.1100e- 003 2.1100e- 003 1.9500e- 003 1.9500e- 003 0.0000 8.8306 8.8306 2.8000e- 003 0.0000 8.9005 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Total 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 19 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.6 Paving - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 4.1200e- 003 0.0881 0.0739 1.0000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 8.8305 8.8305 2.8000e- 003 0.0000 8.9005 Paving 6.6000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 4.7800e- 003 0.0881 0.0739 1.0000e- 004 3.0900e- 003 3.0900e- 003 3.0900e- 003 3.0900e- 003 0.0000 8.8305 8.8305 2.8000e- 003 0.0000 8.9005 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Total 2.8000e- 004 1.7000e- 004 2.1300e- 003 1.0000e- 005 7.8000e- 004 0.0000 7.8000e- 004 2.1000e- 004 0.0000 2.1000e- 004 0.0000 0.6050 0.6050 2.0000e- 005 2.0000e- 005 0.6104 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 20 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.0860 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.3600e- 003 9.1400e- 003 0.0136 2.0000e- 005 4.6000e- 004 4.6000e- 004 4.6000e- 004 4.6000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Total 0.0874 9.1400e- 003 0.0136 2.0000e- 005 4.6000e- 004 4.6000e- 004 4.6000e- 004 4.6000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Total 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 21 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 3.7 Architectural Coating - 2024 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.0860 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 8.5000e- 004 0.0176 0.0137 2.0000e- 005 7.1000e- 004 7.1000e- 004 7.1000e- 004 7.1000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Total 0.0869 0.0176 0.0137 2.0000e- 005 7.1000e- 004 7.1000e- 004 7.1000e- 004 7.1000e- 004 0.0000 1.9149 1.9149 1.1000e- 004 0.0000 1.9176 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Total 9.0000e- 005 5.0000e- 005 6.6000e- 004 0.0000 2.4000e- 004 0.0000 2.4000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.1862 0.1862 1.0000e- 005 1.0000e- 005 0.1878 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 22 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 4.0 Operational Detail - Mobile ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0836 0.0766 0.4359 5.7000e- 004 0.0491 5.7000e- 004 0.0496 0.0131 5.3000e- 004 0.0137 0.0000 53.5540 53.5540 7.0700e- 003 4.9500e- 003 55.2059 Unmitigated 0.0836 0.0766 0.4359 5.7000e- 004 0.0491 5.7000e- 004 0.0496 0.0131 5.3000e- 004 0.0137 0.0000 53.5540 53.5540 7.0700e- 003 4.9500e- 003 55.2059 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT City Park 0.00 0.00 0.00 Medical Office Building 264.42 264.42 264.42 130,898 130,898 Parking Lot 0.00 0.00 0.00 Total 264.42 264.42 264.42 130,898 130,898 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by City Park 9.50 7.30 7.30 33.00 48.00 19.00 66 28 6 Medical Office Building 2.00 2.00 2.00 29.60 51.40 19.00 60 30 10 Parking Lot 9.50 7.30 7.30 0.00 0.00 0.00 0 0 0 CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 23 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ;:* *i Th!h -r*i I I i i T r i i i i 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH City Park 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 Medical Office Building 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 Parking Lot 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 10.2949 10.2949 1.6700e- 003 2.0000e- 004 10.3967 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 10.2949 10.2949 1.6700e- 003 2.0000e- 004 10.3967 NaturalGas Mitigated 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 NaturalGas Unmitigated 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 24 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I I I I I I I I=1 I I I I I I I I I I I I I I I I I I I I I I I I I h I I I I I I I I I I I I I I 4 ■# - - ■# - - * 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Medical Office Building 151164 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 25 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Medical Office Building 151164 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 8.2000e- 004 7.4100e- 003 6.2200e- 003 4.0000e- 005 5.6000e- 004 5.6000e- 004 5.6000e- 004 5.6000e- 004 0.0000 8.0667 8.0667 1.5000e- 004 1.5000e- 004 8.1146 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 26 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 Medical Office Building 103428 9.5696 1.5500e- 003 1.9000e- 004 9.6642 Parking Lot 7840 0.7254 1.2000e- 004 1.0000e- 005 0.7326 Total 10.2949 1.6700e- 003 2.0000e- 004 10.3967 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 27 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 Medical Office Building 103428 9.5696 1.5500e- 003 1.9000e- 004 9.6642 Parking Lot 7840 0.7254 1.2000e- 004 1.0000e- 005 0.7326 Total 10.2949 1.6700e- 003 2.0000e- 004 10.3967 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 28 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Unmitigated 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 8.6000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0473 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 6.0000e- 005 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Total 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 29 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -t :: :: : 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 8.6000e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0473 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 6.0000e- 005 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Total 0.0560 1.0000e- 005 6.2000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.2200e- 003 1.2200e- 003 0.0000 0.0000 1.3000e- 003 Mitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 30 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied -* -* Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 1.4302 0.0480 1.1500e- 003 2.9724 Unmitigated 1.4302 0.0480 1.1500e- 003 2.9724 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr City Park 0 / 0.428933 0.1389 2.0000e- 005 0.0000 0.1403 Medical Office Building 1.46812 / 0.279642 1.2913 0.0480 1.1500e- 003 2.8321 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 1.4302 0.0480 1.1500e- 003 2.9724 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 31 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr City Park 0 / 0.428933 0.1389 2.0000e- 005 0.0000 0.1403 Medical Office Building 1.46812 / 0.279642 1.2913 0.0480 1.1500e- 003 2.8321 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 1.4302 0.0480 1.1500e- 003 2.9724 Mitigated 8.1 Mitigation Measures Waste 8.0 Waste Detail CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 32 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Total CO2 CH4 N2O CO2e MT/yr Mitigated 25.6560 1.5162 0.0000 63.5617 Unmitigated 25.6560 1.5162 0.0000 63.5617 Category/Year 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr City Park 0.03 6.0900e- 003 3.6000e- 004 0.0000 0.0151 Medical Office Building 126.36 25.6499 1.5159 0.0000 63.5466 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 Total 25.6560 1.5162 0.0000 63.5617 Unmitigated CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 33 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr City Park 0.03 6.0900e- 003 3.6000e- 004 0.0000 0.0151 Medical Office Building 126.36 25.6499 1.5159 0.0000 63.5466 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 Total 25.6560 1.5162 0.0000 63.5617 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 34 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied I I I 11.0 Vegetation CalEEMod Version: CalEEMod.2020.4.0 Date: 8/22/2022 2:08 PMPage 35 of 35 Valley Health Team - Reduced Vehicle Trips and Vehicle Miles Traveled - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Appendix B Cultural Resource Assessment CULTURAL RESOURCE ASSESSMENT FOR THE VALLEY HEALTH TEAM PROJECT AREA, PINEDALE, COUNTY OF FRESNO, CALIFORNIA Prepared by Melinda A. Peak Peak & Associates, Inc. 3941 Park Drive, Suite 20-329 El Dorado Hills, CA 95762 (916) 939-2405 Prepared for Valley Health Team March 3, 2022 (Job #22-010) 1 INTRODUCTION The proposed undertaking involves the development of a medical clinic with related parking and landscaping on a project area within the City of Fresno, California. The roughly 1.5-acre tract is located to the south of West Fir Street, west of North Sugar Pine Avenue, and north of West Beechwood Avenue. The project area is located in section 33, Township 12 South, Range 20 East, mapped on the Herndon USGS topographic quadrangle (Figures 1 and 2). Melinda A. Peak, senior historian/archeologist with Peak & Associates, Inc. served as principal investigator for the study with Michael Lawson (resumes, Appendix 1) completing the field survey. STATE REGULATIONS State historic preservation regulations affecting this project include the statutes and guidelines contained in the California Environmental Quality Act (CEQA; Public Resources Code sections 21083.2 and 21084.1 and sections 15064.5 and 15126.4 (b) of the CEQA Guidelines). CEQA Section 15064.5 requires that lead agencies determine whether projects may have a significant effect on archaeological and historical resources. Public Resources Code Section 21098.1 further cites: A project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment. An “historical resource” includes, but is not limited to, any object, building, structure, site, area, place, record or manuscript that is historically or archaeologically significant (Public Resources Code section 5020.1). Advice on procedures to identify such resources, evaluate their importance, and estimate potential effects is given in several agency publications such as the series produced by the Governor’s Office of Planning and Research (OPR), CEQA and Archaeological Resources, 1994. The technical advice series produced by OPR strongly recommends that Native American concerns and the concerns of other interested persons and corporate entities, including, but not limited to, museums, historical commissions, associations and societies be solicited as part of the process of cultural resources inventory. In addition, California law protects Native American burials, skeletal remains, and associated grave goods regardless of the antiquity and provides for the sensitive treatment and disposition of those remains (California Health and Safety Code Section 7050.5, California Public Resources Codes Sections 5097.94 et al). The California Register of Historical Resources (Public Resources Code Section 5020 et seq.) The State Historic Preservation Office (SHPO) maintains the California Register of Historical Resources (CRHR). Properties listed, or formally designated as eligible for listing, on the National SUBDIVIDED LAND IN POR. SEC.33, T. 12 S„ R.20 E„ M.D.B.& M.Tax Rate Area303-16■■S 3i4 s-mVHT PINEDALE PROJECT%\\jj1‘m 1 00'■3 TAT;ST, aW. FIR::x;45c1-i..A—■“F-r---FT-Tr;- r -:if T.■ir>'2?rr;iI 3 I I3S 3D 40r iii£fiLi i s'.■£dT ‘4,2*3!S 132c; 2?22 23.2425 i »?? 25JP : 1031 | 3*33 | 34 3536 3?? ©11 , 12 13,14 16TG . 1723 4 5 16■-UI: .■:Z-i 33 -i®jI4■ia> S'#©[<§>■;sCl-I.ran^;*>4m.w,j ■C£X27@i Sj■■G&®1o'.CO.**'■3 „ . to i<0JrII!JI' '47 45 $45 -V, Ki*1 ti 54 5311 I 10 9.74 ; 7372 \n TOas' if£2 j siSO ' 49 48US ffl07 ' -SB6G S3JO 7*. 7# 77 W 75■i11-Sfj'I\'rXS|*8■i •Ili1rorj-lJZu 3UTL*-23- I ■-- L.-.L:J.!*- ■-!' JX' ^±*■4-iJr4rf4rJ@- ®S l/V. z BEECHWOOD■■AVE.■ftfa■-*.■t .f *-■i■--iT-™7”:—:—“ T-~~&r&7 Tr23-r *' 'I■I..-uJ}■}■-lJ!1:■••Ir-I!1)■Yif.■7I'—1\© \ H^ (0a■•-41■■ r *f47 45&.d33*3 14415 I 4526 ' 2027 | a2S- | 3031 13?33 | 3433 iap37,3S WA.CLf3S :AiD 4J i 4212 13 i 4, 15 1617 18 i 19 2021 2222 1 24'TTU■J Ci)■■©I■.■cUJ■.'s'"rl■aa@1 S} @1—1■s® mtm'g-U!]M~\—\’T. S ?Q_ir-L_I39 §> @>@1^ @1 @ @! 8<L'.'J1,Si''7cr5uj(166^'v ■:Ia*■C3COiTil67 156^66OFiL30 @1 if54 i SJ i B2 5f J 307ff 75ea1 7S78 77 74 | 73 72 i 71 1 70: (fl? i «7fiJ fiSG£ l 6?SO ■ SO SBBB ‘ SftS'J534 1 iKflP i 33ih-iP S;iCO2:i.• PS1Iii■%md■-'Oli*l■ATI4iLj/J 25’ »■iU3,i4a■$r**0'■?.■»Jr;-'■fjii-a-#cr,3341'AVF.IV. HERNDON4j 3rIAssessor's Wap Bk. 303 - Pg. 16 County of Fresno, Calff.FIGURE 1Pfnedale Townslte - Plat Bk. 9. Pgs.92 & 93Bk.407NOTE -Assessor's Block Numbers Stiown hi Ellipses Assessor's Parcel Numbers Shown in Circles.lr 10 2014 Dx Figure 2 ..• .0fc- PA i.VHT PINEDALE PROJECTAJB—UMT7Wu)*Fort Washington Lincoln Sch TEAGUE —.6I' A 27I28/k ii&c :*'I *I 05 fsj p ■ • •• AI /'.0/ /UJ-Well SLAVONIANavel *Pit I J55S QI (7 36/-<-3 50-.t)A * t; si / /,'N &360LifI'350kiV-i V 'j’f ;&XJ BMi /;*1135!NEESmIf ‘ '355■na /Uj a3,<1 m] W-~-?Y y ■■■<r.UJE^SSrJo % i 7)J aTrailer Parks *II 0. .IQ: UJ1*k. 1 '•■PV «o°°ZU lim UJS ■ •/x/V -.. I**a 340'33 ALLUVIAL 3523*9\ I,-.CANAL Cy'k£ 0JHs... Wvt— 1 I il JL««UJ4l-mLf •••-BMi ■350-**Project Area 347:::>■ "Sp- 3*5 v vl! ; Drive-in, 7//' .' Theaterf«5' •' “ I ; -J5 ;lPLill | . ■■v.11 ]LO ' 4 Fire — •••:3*0:ioi.fFllIf5ovHERNDON. .'J,• .-r336-J■P*l 338r vi:: :if'":=1% 1(T-? sce Tjrailer [f| Well (p 11 y . 332>H - !:Far Well:H 336 —<>1 • *oHi M-•)A Trailer > Park con9UJ n iIk1?a.-mrnmSBLk34k ■ AVE■333*W7 .-*336 v rBM/ UJ rsVas®1 U)I ;^T7l u 4 o HI./ 1 >- 4 . - AVE wen. hr336 11 A=AVI iuijAVEESC* LONa . <5AVE SuTsjpt■ Tena„, -T"Jr Hijih Sch Ui "-[l ‘ion$ JL • ,1* •1True North AVEf IVju ^ *32 ^6jii** I RO !|V IAntho \ISchtyH330 -1 1s— f l AVEn^G J 1 Ad II1 M ! Robi■I 1-J USGS 1:24,000 Fresno North, Calif. 1965 (1981)lj-------------raf---------------- GibsonSch Hoover High Sck^3 2 333LAVEy ' Township 12 South/Range 20 East<0AVE N RAMONi^VEo* 4 2ISI - n -_n.___4g/<*' '^gl 4 Register of Historic Places are automatically listed on the CRHR, as are State Landmarks and Points of Interest. The CRHR also includes properties designated under local ordinances or identified through local historical resource surveys. For the purposes of CEQA, an historical resource is a resource listed in, or determined eligible for listing in the California Register of Historical Resources. When a project will impact a site, it needs to be determined whether the site is an historical resource. The criteria are set forth in Section 15064.5(a) (3) of the CEQA Guidelines, and are defined as any resource that does any of the following: A. Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; B. Is associated with the lives of persons important in our past; C. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or D. Has yielded, or may be likely to yield, information important in prehistory or history. In addition, the CEQA Guidelines, Section 15064.5(a) (4) states: The fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to section 5020.1(k) of the Public Resources Code), or identified in an historical resources survey (meeting the criteria in section 5024.1(g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code section 5020.1(j) or 5024.1. California Health and Safety Code Sections 7050.5, 7051, and 7054 These sections collectively address the illegality of interference with human burial remains, as well as the disposition of Native American burials in archaeological sites. The law protects such remains from disturbance, vandalism, or inadvertent destruction, and establishes procedures to be implemented if Native American skeletal remains are discovered during construction of a project, including the treatment of remains prior to, during, and after evaluation, and reburial procedures. California Public Resources Code Section 15064.5(e) This law addresses the disposition of Native American burials in archaeological sites and protects such remains from disturbance, vandalism, or inadvertent destruction. The section establishes procedures to be implemented if Native American skeletal remains are discovered during construction of a project and establishes the Native American Heritage Commission as the entity responsible to resolve disputes regarding the disposition of such remains. 5 Assembly Bill 52 Assembly Bill (AB) 52 establishes a formal consultation process for California tribes as part of CEQA and equates significant impacts on tribal cultural resources with significant environmental impacts. AB 52 defines a “California Native American Tribe” as a Native American tribe located in California that is on the contact list maintained by the N ative American Heritage Commission. AB 52 requires formal consultation with California Native American Tribes prior to determining the level of environmental docu ment if a tribe has requested to be informed by the lead agency of proposed projects. AB 52 also requires that consultation address project alternatives, mitigation measures, for significant effects, if requested by the California Native American Tribe, and that consultation be considered concluded when either the parties agree to measures to mitigate or avoid a significant effect, or the agency concludes that mutual agreement cannot be reached. Under AB 52, such measures shall be recommended for inclusion in the environmental document and adopted mitigation monitoring program if determined to avoid or lessen a significant impact on a tribal cultural resource. CULTURAL SETTING Archeology The Central Valley region was among the first in the state to attract intensive fieldwork, and research has continued to the present day. This has resulted in a substantial accumulation of data, but the emphasis has been in the northern portion of the valley. In the early decades of the 1900s, E.J. Dawson explored numerous sites near Stockton and Lodi, later collaborating with W.E. Schenck (Schenck and Dawson 1929). By 1933, the focus of work was directed to the Cosumnes locality, where survey and excavation were conducted by the Sacramento Junior College (Lillard and Purves 1936). Excavation data, in particular from the stratified Windmiller site (CA-SAC- 107), suggested two temporally distinct cultural traditions. Later work at other mounds by Sacramento Junior College and the University of California, Berkeley, enabled the investigators to identify a third cultural tradition, intermediate between the previously postulated Early and Late Horizons. The three-horizon sequence, based on discrete changes in ornamental artifacts and mortuary practices, as well as on observed differences in soils within sites (Lillard, Heizer and Fenenga 1939), was later refined by Beardsley (1954). An expanded definition of artifacts diagnostic of each time period was developed, and its application extended to parts of the central California coast. Traits held in common allow the application of this system within certain limits of time and space to other areas of prehistoric central California. In the southern San Joaquin Valley, with the exception of Hewes’s excavation at CA-FRE-48 (the Tranquility Site), the foci of early investigations have been the old shorelines of the interior lakes; Tulare, Kern, and Buena Vista. In 1899, Dr. P. M. Jones directed fieldwork in the Buena Vista- Tulare Lake area of Kern County. Jones investigated 150 mounds and conducted trenching of several sites including CA-KER-53. In 1909, N. C. Nelson investigated prehistoric Site CA-KER- 49, which is located to the west of Buena Vista Lake. Later, four surveys and excavations were 6 conducted in the same locale under the auspices of the University of California. A compilation of these investigation results was published in 1926 by Gifford and Schenck. As a result of this early work, an elaborate culture complex was defined for the late prehistoric period. This complex can be ascribed probably to the Yokuts and their direct ancestors. The material culture of this late temporal period complex included steatite vessels and beads, finely - made projectile points, pottery, shaped stone mortars, Tivela disc beads, use of asphaltum, and the presence of metates and manos. Flexed burials were the predominant interment mode. Earlier complexes underlying the late cultural expressions were represented by chipped stone crescents, large projectile points, atlatl spurs, and weights. Mortuary practices, generally thought to be related, include extended rather than flexed burial position, a situation analogous to that of the northern valley (Gifford and Schenck 1926; Lillard, Heizer, and Fenenga 1939; Moratto 1972). Presence of “Early Man,” although not found in direct association with extinct animals, is demonstrated by the frequency of chipped stone crescents and fluted points similar to those of the Clovis-Folsom Complex in the American Southwest. Although fluted points have been found near the shores of Tulare Lake, an area that has also produced surface finds of extinct mammal bone of Pleistocene age, the association is not substantiated by controlled excavations and remains speculative (Riddell and Olsen 1969). Most of the point collection had been acquired by D. Witt over a period of 30 years. Under the direction of Wedel (1941), the Civil Works Administration, in conjunction with the Smithsonian Institution, initiated the first major excavations using stratigraphic controls. Investigations of CA-KER-39 and CA-KER-60 as well as several smaller sites near Buena Vista Lake produced evidence of two distinct cultural entities or occupation periods. Wedel lacked methods for dating these two entities by cross-comparison of the assemblages, he tentatively stated that the early occupation at Buena Vista Lake appeared to be temporally older and less developed than the Early Horizon (Windmiller Pattern) of the Delta region. He compared this early component to the Oak Grove or Milling Stone culture of the Santa Barbara area (Rogers 1939). He divided the later cultural entity into two distinct phases, both clearly distinguished from the earlier cultural phase by artifact types. Wedel (1941:144-145) estimated that neither of these cultural periods exceeded 1500 B.P. (years Before the Present). Later, other investigators proposed far earlier ages for these early occupations, with dates ranging from 2000 to 7000 B.P. (Baumhoff and Olmstead 1963, 1964; Heizer 1964; Meighan 1959). Later investigations in 1963 and 1964 at CA-KER-116 near Buena Vista Lake produced materials similar to Wedel’s early occupation. These materials occurred in the lower levels of the “upper deposit,” while an even deeper cultural deposit yielded materials similar to those of the San Dieguito Complex. Artifacts included a chipped stone crescent, crude point fragments, and an atlatl spur. Radiocarbon age determinations on shell from the lowest cultural levels returned a date of circa 8200 B.P. (Fredrickson and Grossman 1966, 1977; Fredrickson 1967). Despite the previously mentioned investigations, the prehistory of the southern San Joaquin remains as yet poorly understood, without a tightly defined chronological sequence of cultural development. 7 Ethnology Ethnographic literature is often uncertain in definition of cultural boundaries for Indian groups. Early displacement by white intrusion resulted in population shifts to avoid conflict with the Spanish, and later with the miners and settlers. The ravages of disease and warfare decimated the native people, further weakening cultural identity. Informants were often uncertain of original territories of the various tribal groupings. The Foothill Yokuts were members of the Penutian language family which held all of the Cent ral Valley, San Francisco Bay Area, and the Pacific Coast from Marin County to near Point Sur. The Yokuts differed from other ethnographic groups in California as they had true tribal divisions with group names (Kroeber 1925). Each tribe spoke a particular dialect, common to its members, but similar enough to other Yokuts that they were mutually intelligible (Kroeber 1925). The Foothill Yokuts were a group of about 15 named tribes who occupied the western Sierra Nevada foothills from the Fresno River to the Kern River. A further subdivision separated the groups into northern, central and southern groups. The area controlled by individual groups varied over time. There is no information to indicate that there was a village in the project vicinit y, but this does not preclude the possibility. Trade was well developed, with mutually beneficial interchange of needed or desired goods. Obsidian, rare in the San Joaquin Valley, was obtained by trade with Paiute and Shoshoni groups on the eastern side of the Sierra Nevada, where numerous sources of this material are located, and to some extent from the Napa Valley to the north. Shell beads, obtained by the Yokuts from coastal people, and acorns, rare in the Great Basin, were among many items exported to the east by Yokuts traders (Davis 1961). Economic subsistence was based on the acorn, with substantial dependency on gathering and processing of wild seeds and other vegetable foods. The rivers, streams, and sloughs which formed a maze within the valley provided abundant food resources such as fish, shellfish, and turtles. Game, wild fowl, and small mammals were trapped and hunted to provide protein augmentation of the diet. In general, the eastern portion of the San Joaquin Valley provided a lush environment of varied food resources, with the estimated large population centers reflecting this abundance (Cook 1955; Baumhoff 1963). Settlements were oriented along the water ways, with their village sites normally placed adjacent to these features for their nearby water and food resources. House structures varied in size and shape (Latta 1949; Kroeber 1925). The housepit depressions ranged in diameter from between 3 to 18 meters. Latta (1949:99) reported that a village of 200 to 300 Yokuts might have four or five large houses that were used for ten or twelve years or until a family member died, at which time the Indians burned the house in which the death had occurred. If a sick or aged person died outside the dwelling, the family did not burn the house. When a Northern Yokuts died, his body was cremated or buried in a flexed position. Southern tribes normally buried their dead, although they did 8 cremate shamans, persons who died away from their village and, among the Tachi, persons of great importance. The Yokuts experienced severe depopulation after contact with the Spanish and subsequent explores. The most devastating impacts of the Spanish colonization effort were not the result of military conflicts, but came from Old World diseases newly introduced to the native people. Historical Context Early Explorations The early recorded inhabitants of the region were members of the Yokuts tribe. Although the Spanish missions were established closer to the Pacific coast between 1769 and 1817, the general project area was first visited in the early 1800s by Spanish explorers, who visited the San Joaquin Valley with three goals: to search for runaway neophytes from the missions in the coastal regions, to punish the Indian raiders, and to select sites for new missions. In 1806, a group led by Gabriel Moraga and Father Pedro Muñoz, left Mission San Juan Bautista heading north to about the Mokelumne River. They then turned south, and travelled along the edge of the mountains crossing the San Joaquin River and passing through Tejon Pass, arriving at Mission San Fernando. In 1815, José Dolores Pico marched an expedition group from Monterey into the region. Following the San Joaquin River, he passed through the area in search of runaways, traveling as far south as the Kern River. The expedition returned to the starting point in Monterey with nine prisoners and a number of horses. After control of California passed from Spain to Mexico in 1822, Mexican explorations into the interior continued, with José Dolores Pico conducting a major expedition along the San Joaquin River in 1825-1826. This expedition was considered successful in that some neophytes were captured, hostile Indians killed, some of the tribal groups intimidated, and some stolen horses recovered. In 1828, Sebastián Rodríguez led a similar expedition into the same region. His expedition captured a number of neophytes as well as some of the stolen horses, an item that had become an important dietary staple for the Indian tribes in the S an Joaquin Valley region (Beck and Haase 1974). The expeditions did not leave physical evidence, but there were definitely effects to the Native American populations. Causing even more of an effect on the native population were the diseases brought in to the Native populations of the Central Valley in the early 1830s. Ranchos In Fresno County, there was only one early land grant, a rancho along the current southern border of the county: Laguna de Tache. The era of the Spanish and Mexican land grants did not directly affect the project area. 9 Project Area History The early use of land in the region was for cultivation of wheat. Improvements such as the development of the railroad, allowed marketing of more perishable crops, and irrigation canals, providing a steady source of water year-round, also encouraged the growth of crops such as grapes. The fate of Japanese Issei and their children was sealed by the advent of World War II. With unjustified fears about the loyalty of the immigrant Japanese and their American-born children, after Pearl Harbor in December 1941, President Roosevelt ordered the internment of the families through Executive Order 9066. Beginning in March of 1942, Japanese families including American citizens, were taken to Pinedale Assembly Center about a half mile to the west of the project area. Families were then sent on to various camps and interned for the remainder of the war, including the Colorado River camp of Poston. The camp has been established at the former site of a lumber mill, utilizing former millworker housing. RESEARCH A record search was conducted for the project area through the Southern San Joaquin Valley Archaeological Information Center of the California Historical Resources Information System on February 15, 2022 (RS#22-054, Appendix 2). A small part of the eastern end of the project area had been surveyed by Denise O’Connor in 1980 (Report #FR-00577), with negative findings. One other survey has been conducted in the project vicinity (FR-00384). No sites have been previously recorded in or near the project area. FIELD ASSESSMENT Michael Lawson conducted a field survey of the project area on February 22, 2022, using complete inspection (Figure 3). The survey area is surrounded by surface streets in a residential and commercial area. Most of the parcel is empty, but two residences are located on the west side. The land is flat, possibly graded at some time. Elevation is close to that of adjoining sidewalks. The lot appears to have been used for parking at one time. Introduced grass and ground cover grow in patches throughout the survey area but are more densely near the west side. Ornamental trees and bushes grow near the residences. The property was surveyed on foot using parallel transects no more than two meters apart. Closer inspection occurred in areas where ground disturbance had occurred, such as walking trails or animal activity. Figure 3 w "’i----------' -y c. p a.-k.k i < - s<.0*L m£.WELL*__i.-VHT PINEDALE PROJECT(A -ft Fort Washington Lincoln Sch TEAGUE — , i(I ffV / I \AI Survey Coverage f 3/. -----------------u w ’ 27I 356u\ x—\I\IVvS /f)J S I/ >\ \ ••• '\oJ?J L#uj-Well SLAVONIAN \Z'avel *Pit I J55S QI .(7 36/.t€1 a L 360*e o *=riL350vxr-I /BM//'351 NEESm it—_i*tr-------35S Uj?-i $ If—<xim] W-£UJE^SSrJo % i'> )r&m'7)J <0 Trailer Parks S .Q:i UJk ■ »o°°°2li.m UJ%■ 0<2 345 0-"33 ALLUVIAL • •352>■349 TT■<CANALI,-./k£ osrS L.flv * l LM ■350■'svtir®*Project Area Ij 347 - 3^5 ' B/. ; Drive-in, Theater *rgjjgrai •■ - “i Wj r0£■\1340 1ii"i ■ill :2^fVi? FljrelJ j, , Fll If5.ill U ■___ T~^ ' HE^RNDON..■ ^----a____f___• .-r _336•111 -±L Complete, Intensive Survey Coverage: ■ *>..* ijrailir PJrk _-Well (.ii Ml t J3S332 I Wellrf:336 : "! : :.o11 Jl-•)Trailer con9UJ&I?-u. £2334K AVE*333 ^^•4nr ■ ■ VTBM336 - ' UJUJ *VT U)I ;y.u—4 o □.i|/ I >. - AVE Well ; \ AVE luij:r AVEESCA LON o . Qj SuTsjpl■;iTena_, -T"Jr Hi^h Sch ujk-[i l ion■U 4*1 •True North AVEbullA/id "I ; •[t III^6jii** I I*RD U=j .v la 1Antho CO\Ic:;s»j jNULj ^Schty ;■330 1.j31□aM/lfG j -A 1 II1 M ! Robi■1 USGS 1:24,000 Fresno North. Calif. 1965 (1981)N 1-J Gibson Sch Hoover High Sck^3 2 T "TT—ui-»',....«u ;i--ttH •' itjn 333>4VE>4 _..' Township 12 South/Range 20 East ■ - - - -~l Tl ~ <oAVE □^AA//?AMO/s/|J^VEOL_£2“g/<*' '^gl_’O'-Jlflk__iL-4 11 Visibility was generally very good. Most of the lot is clear of vegetation and only lightly covered in imported gravel. Small fragments of modern refuse are scattered though out the lot. Soils are light brown sandy loam with heavy gravel content. The gravel was likely imported and mixed with the native soil. Stone material identified as local includes quartzite, granitic, and meta volcanic varieties. Cobbles and large pebbles are present. There is no surface evidence of prehistoric period cultural resources within the project area. Two buildings are present that are more than 50 years in age. Each is recorded and evaluated for significance under the criteria of the California Register of Historical Resources. RESOURCE DESCRIPTIONS 49 West Fir Street, Fresno The property consists of a single-family home and detached garage located on a small, narrow lot. The single-family residence is single story, rectangular shaped with a front gable roof. Small, covered porches are located along the north, east, and south facing façades. The roof is covered with asphalt shingles and the sides are coated with stucco. Windows are modern aluminum and look to be replacements. The detached garage is single story, rectangular shape with a front gable roof covered with asphalt shingles. The sides are coated with stucco. A garage door is located along the north facing façade. Three double sash windows are located along the east and south facing facades. The home was constructed in 1945 according to county building records. Stylistically it fits within the Minimal Traditional Style, popular between 1935-1950 (McAlester 2017:586-595). The front- gabled roof subtype is less common than other subtypes of Minimal Traditional Style homes, but otherwise this residence displays the typical stylistic elements of the style. 66 West Beechwood Avenue, Fresno The property has a single-family home with detached garage located on a small narrow lot. The residence is singe story, irregular shape with a hipped roof. The roof is covered with asphalt shingles and the sides are covered with stucco, except for the south facing façade that has partial decorative brick siding. Windows are modern aluminum and look to be replacements. The detached garage is single story with a hipped roof covered with asphalt shingles. The sides are covered with stucco. 12 The home was constructed in 1961 according to county building records. Stylistically it fits within the Minimal Traditional Style, popular between 1935-1950 (McAlester 2017:586-595). The hipped roof subtype is less common than other subtypes of Minimal Traditional Style homes, but otherwise this residence displays the typical stylistic elements of the style. RESOURCE EVALUATIONS 49 West Fir Street, Fresno Under CRHR criterion A, the site must “be associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage.” The residence and detached garage do not appear to be associated with any specific, significant contribution. For a property to be eligible under Criterion B of the CRHR, the features must be associated with persons important in the past. There is no evidence to suggest that this property was ever associated with a significant person in our past. For CRHR Criterion C, the resource must embody “the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.” Minimal Traditional Style homes represented the one of the most economical to build residential unit layouts available and was widely advertised as such during the 1930s and 1940s (McAlester 2017:587). The residence at 49 West Fir Avenue is a slightly less typical, but still very common, example of this widely built subtype. For Criterion D, there were no associated archeological deposits observed during the field inspection and recordation and it is unlikely given the degree of ground disturbance surrounding the buildings that a buried, undiscovered deposit would be present. We conclude that this residence and detached garage does not meet the threshold under criteria A - D of the CRHR and is not a historical resource. 66 West Beechwood Avenue, Fresno Under CRHR criterion A, the site must “be associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage.” The residence and detached garage do not appear to be associated with any specific, significant contribution. For a property to be eligible under Criterion B of the CRHR, the features must be associated with persons important in the past. There is no evidence to suggest that this property was ever associated with a significant person in our past. For CRHR Criterion C, the resource must embody “the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.” Minimal Traditional Style homes represented the one of the most 13 economical to build residential unit layouts available and was widely advertised as such during the 1930s and 1940s (McAlester 2017:587). The residence located at 66 West Beechwood Avenue is a slightly less typical, but still very common, example of this widely built subtype. For Criterion D, there were no associated archeological deposits observed during the field inspection and recordation and it is unlikely given the degree of ground disturbance surrounding the buildings that a buried, undiscovered deposit would be present. We conclude that this residence and detached garage does not meet the threshold under criteria A - D of the CRHR and is not a historical resource. RECOMMENDATIONS The residences are not significant resources, and will be recorded in the permanent record with submittal to the Information Center. Although no prehistoric sites were found during the survey, there is a slight possibility that a site may exist and be totally obscured by vegetation, fill, or other historic activities, leaving no surface evidence. Should artifacts or unusual amounts of stone, bone, or shell be uncovered during construction activities, an archeologist should be consulted for on-the-spot evaluation of the finding. Discovery of Human Remains In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area suspected to overlie adjacent remains until the Fresno County Coroner has determined that the remains are not subject to any provisions of law concerning investigation of the circumstances, manner and cause of death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains. If the Fresno County Coroner determines that the remains are not subject to his or her authority and if the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC). After notification, the NAHC will follow the procedures outlined in Public Resources Code Section 5097.98, that include notification of most likely descendants (MLDs), and recommendations for treatment of the remains. The MLDs will have 24 hours after notification by the NAHC to make their recommendations (PRC Section 5097.98). 14 REFERENCES Baumhoff, Martin A. 1963 Ecological Determinants of Aboriginal California Populations. University of California Publications in American Archaeology and Ethnology 49(2): 155-236. Berkeley. Baumhoff, Martin A., and David Olmsted 1963 Radiocarbon support for Glottochronology. American Anthropologist 65(2): 278- 284. 1964 Notes on Palaihnihan culture history: glottochronology and archaeology. Studies in California linguistics, edited by William Bright, pp. 1-12. University of California Publications in Linguistics 34. Berkeley. Beardsley, Richard K. 1954 Temporal and Areal Relationships in Central California Archeology (parts 1 and 2). University of California Archaeological Survey Reports 24, 25. Berkeley. Beck, Warren A. and Ynez D. Haase 1974 Historical Atlas of California. University of Oklahoma Press, Norman. Clough, Charles W. and William B. Secrest, Jr. 1984 Fresno County—The Pioneer Years: From the Beginning to 1900. Panorama West Books, Fresno. Cook, Sherburne F. 1960 Colonial expeditions to the interior of California: Central Valley 1800-1820. University of California Anthropological Records 16(6): 239-292. Berkeley. 1955a The Aboriginal Populations of the San Joaquin Valley, California. University of California Press Anthropological Records 16(2). Berkeley. 1955b The epidemic of 1830-33 in California and Oregon. University of California Publications in American Archaeology and Ethnology 43(3): 303-326. Berkeley. Davis, James T. 1961 Trade Routes and Economic Exchange among the Indians of California. University of California Archaeological Survey Reports 54:1-71. Berkeley. Elliott, Wallace W. 1882 History of Fresno County, California with Illustrations. Wallace W. Elliott & Company, Publishers, San Francisco. 15 Fickewirth, Alvin A. 1992 California Railroads. Golden West Books. San Marino, CA. Fredrickson, David A. 1967 Additional C-14 dates for water resources investigations at Buena Vista Lake. Society for California Archaeology Newsletter 1(5). Frickstad, Walter 1955 A Century of California Post Offices. Pacific Rotapress Printing Company, Oakland. Fredrickson, David A., and J. Grossman 1966 Radiocarbon Dating of an Early Site at Buena Vista Lake, California. Paper read before the annual meeting of the Society for American Archaeology, Reno. 1977 A San Dieguito Component at Buena Vista Lake, California. The Journal of California Anthropology 4(2): 173-190. Gates, Paul W. 1991 Land and Law in California: Essays on Land Policies. Iowa State University Press, Ames. Gifford, E. W., and W. E. Schenck 1926 Archaeology of the Southern San Joaquin Valley, California. University of California Publications in American Archaeology and Ethnology, Vol. 23, No. 1. Gudde, Erwin 1969 California Place Names. University of California Press, Berkeley. Harvey Sr., William 1907 Atlas of Fresno County, CA. William Harvey, Fresno. Hayes, Derek 2007 Historical Atlas of California. University of California Press, Berkeley. Hofsommer, Don L. 1986 The Southern Pacific, 1901-1985. Texas A &M University Press, College Station. Hoover, Mildred, Hero E. Rensch, Ethel G. Rensch (William N. Abeloe, editor) 1970 Historic Spots in California (Third Edition). Stanford University Press, Stanford. Kroeber, Alfred L. 1925 Handbook of the Indians of California. Bureau of American Ethnology Bulletin 78. Washington, D.C. 16 Latta, Franklin F. 1949 Handbook of the Yokuts Indians. Bear State Books, Oildale, California. Lewis Publishing Company 1892 A Memorial and Biographical History of the Counties of Fresno, Tulare and Kern. California. Chicago: The Lewis Publishing Company. Lillard, Jeremiah B., Robert F. Heizer and Franklin Fenenga 1939 An Introduction to the Archaeology of Central California. Sacramento Junior College, Department of Anthropology Bulletin 2. Sacramento. Lillard, Jeremiah B. and William K. Purves 1936 The Archeology of the Deer Creek-Cosumnes Area, Sacramento County, California. Sacramento Junior College, Department of Anthropology Bulletin 1. McAlester, Virginia Savage 2017 A Field Guide to American Houses. Alfred A. Knopf, New York. Meighan, Clement W. 1959 California Cultures and the Concept of an Archaic Stage. American Antiquity 24(3): 289-318. Moratto, Michael J. 1984 California Archaeology. Academic Press, Inc., New York. Progressive Map Service 1923 Progressive Atlas of Fresno County. Progressive Map Service, Fresno. Riddell, Francis A. and William H. Olsen 1969 An Early Man Site in the San Joaquin Valley, California. American Antiquity 34(2): 121-131. Washington, D.C. Rogers, Malcolm J. 1939 Early Lithic Industries of the Lower Basin of the Colorado River and Adjacent Desert Areas. San Diego Museum Papers 3. San Diego. Schenck, W. Egbert and Elmer Dawson 1929 Archaeology of the Northern San Joaquin Valley. University of California Publications in American Archaeology and Ethnology 25(4): 289-413. Berkeley. Smith, Wallace 1960 Garden of the Sun. Eighth edition. Privately printed. 17 Thompson, Thomas H. 1891 Official Historical Atlas Map of Fresno County. Thomas H. Thompson, Tulare, California. Vandor, Paul E. 1919 History of Fresno County, California. Historic Record Company, Los Angeles. Varner, Dudley 2005 A Cultural Resources Study of the Riverfront Ventures Property in the City of Fresno, Fresno County, California. On file, South San Joaquin Valley Information Center (#FR-2112). Wedel, Waldo R. 1941 Archaeological Investigations at Buena Vista Lake, Kern County, California. Bureau of American Ethnology Bulletin 130. Washington, D.C. Winchell, Lilbourne Alsip 1933 History of Fresno County and the San Joaquin Valley. Fresno: A. H. Cawston. Publisher. 18 APPENDIX 1 Resumes 19 PEAK & ASSOCIATES, INC. RESUME MELINDA A. PEAK January 2022 Senior Historian/Archeologist 3941 Park Drive, Suite 20 #329 El Dorado Hills, CA 95762 (916) 939-2405 PROFESSIONAL EXPERIENCE Ms. Peak has served as the principal investigator on a wide range of prehistoric and historic excavations throughout California. She has directed laboratory analyses of archeological materials, including the historic period. She has also conducted a wide variety of cultural resource assessments in California, including documentary research, field survey, Native American consultation and report preparation. In addition, Ms. Peak has developed a second field of expertise in applied history, specializing in site- specific research for historic period resources. She is a registered professional historian and has completed a number of historical research projects for a wide variety of site types. Through her education and experience, Ms. Peak meets the Secretary of Interior Standards for historian, architectural historian, prehistoric archeologist and historic archeologist. EDUCATION M.A. - History - California State University, Sacramento, 1989 Thesis: The Bellevue Mine: A Historical Resources Management Site Study in Plumas and Sierra Counties, California B.A. - Anthropology - University of California, Berkeley PROJECTS In recent months, Ms. Peak has completed several determinations of eligibility and effect documents in coordination with the Corps of Engineers for projects requiring federal permits, assessing the eligibility of a number of sites for the National Register of Historic Places. She has also completed historical research projects on a wide variety of topics for a number of projects including the development of navigation and landings on the Napa River, wineries, farmhouses dating to the 1860s, bridges, an early roadhouse, Folsom Dam and a section of an electric railway line. In recent years, Ms. Peak has prepared a number of cultural resource overviews and predictive models for blocks of land proposed for future development for general and specific plans. She has been able to direct a number of surveys of these areas, allowing the model to be tested. 20 She served as principal investigator for the multi-phase Twelve Bridges Golf Club project in Placer County. She served as liaison with the various agencies, helped prepare the historic properties treatment plan, managed the various phases of test and data recovery excavations, and completed the final report on the analysis of the test phase excavations of a number of prehistoric sites. She is currently involved as the principal investigator for the Teichert Quarry project adjacent to Twelve Bridges in the City of Rocklin, coordinating contacts with Native Americans, the Corps of Engineers and the Office of Historic Preservation. Ms. Peak has served as project manager for a number of major survey and excavation projects in recent years, including the many surveys and site definition excavations for the 172-mile-long Pacific Pipeline proposed for construction in Santa Barbara, Ventura and Los Angeles counties. She also completed an archival study in the City of Los Angeles for the project. She also served as principal investigator for a major coaxial cable removal project for AT&T. Additionally, she completed a number of small surveys, served as a construction monitor at several urban sites, and conducted emergency recovery excavations for sites found during monitoring. She has directed the excavations of several historic complexes in Sacramento, Placer and El Dorado Counties. Ms. Peak is the author of a chapter and two sections of a published history (1999) of Sacramento County, Sacramento: Gold Rush Legacy, Metropolitan Legacy. She served as the consultant for a children’s book on California, published by Capstone Press in 2003 in the Land of Liberty series. 21 PEAK & ASSOCIATES, INC. RESUME MICHAEL LAWSON January 2022 Archeological Specialist 3941 Park Drive, Suite 20-329 El Dorado Hills, CA 95672 (916) 939-2405 PROFESSIONAL EXPERIENCE Mr. Lawson has compiled an excellent record of supervision of excavation and survey projects for both the public and private sectors over the past twenty-three years. He has conducted a number of surveys throughout northern and central California, as well as serving as an archeological technician and crew chief for a number of excavation projects. EDUCATION B.A. - Anthropology - California State University, Sacramento Special Course: Comparative Osteology. University of Tennessee, Knoxville. Forensic Anthropology Center. January 2018. Intensive lab and outdoor study with human example from outdoor research facility, including typical and non-metric examples, compared with fifty non-human species most commonly confused with human remains. Outdoor research facility “The Body Farm” study included survey, photography, collection and identification of faunal and human bone fragments, with a Power Point presentation discussing finds. EXPERIENCE • Extensive monitoring of open space, streets and project development areas for prehistoric period and historic period resources. Areas monitored include Sutter Street in Folsom; Mud Creek Archeological District in Chico; Camp Roberts, San Luis Obispo County; Avila Beach, San Luis Obispo County; Edgewood Golf Course, South Lake Tahoe; Davis Water Project, Davis; Star Bend levee section, Sutter County; Feather River levees, Sutter County; Bodega Bay, Sonoma County; San Jose BART line extension, Santa Clara County; and numerous sites for PG&E in San Francisco. • Over twenty years of experience working in CRM, volunteer, and academic settings in California historic, proto-historic, and prehistoric archaeology. • Expertise in pedestrian survey, excavation, feature (including burial) exposure, laboratory techniques, research. Field positions include crew chief and lead technician. 22 APPENDIX 2 Record Search 2/15/2022 Robert Gerry Peak & Associates, Inc. 3941 Park Drive, Suite 30-329 El Dorado Hills, CA 95762 Re: 49 West Fir Properties Records Search File No.: 22-054 The Southern San Joaquin Valley Information Center received your record search request for the project area referenced above, located on the Fresno North USGS 7.5’ quad. The following reflects the results of the records search for the project area and the 0.25 mile radius: As indicated on the data request form, the locations of resources and reports are provided in the following format: ☒ custom GIS maps ☐ GIS data Resources within project area: None Resources within 0.25 mile radius: None Reports within project area: FR-00577 Reports within 0.25 mile radius: FR-00384 Note: Resource Database Printout (list): ☐ enclosed ☐ not requested ☒ nothing listed Resource Database Printout (details): ☐ enclosed ☒ not requested ☐ nothing listed Resource Digital Database Records: ☐ enclosed ☒ not requested ☐ nothing listed Report Database Printout (list): ☒ enclosed ☐ not requested ☐ nothing listed Report Database Printout (details): ☐ enclosed ☒ not requested ☐ nothing listed Report Digital Database Records: ☐ enclosed ☒ not requested ☐ nothing listed Resource Record Copies: ☐ enclosed ☐ not requested ☒ nothing listed ☐ not available Report Copies: ☒ enclosed ☐ not requested ☐ nothing listed ☐ not available Note: Only the Title Page, Table of Contents, & Executive Summary of TU-00102 was included. OHP Built Environment Resources Directory: ☐ enclosed ☐ not requested ☒ nothing listed Archaeological Determinations of Eligibility: ☐ enclosed ☐ not requested ☒ nothing listed CA Inventory of Historic Resources (1976): ☐ enclosed ☒ not requested ☐ nothing listed Note: P-15-007760 is not listed in the BERD. The 2013 HPD page was included for this resource. w.,. •'> n'Southern San Joaquin Valley Information Center California State University, Bakersfield Mail Stop: 72 DOB 9001 Stockdale Highway Bakersfield, California 93311-1022 (661) 654-2289 E-mail: ssjvic@csub.edu Website: www.csub.edu/ssjvic California Historical Resources _I_n formation _S y stem Fresno Kern Kings Madera Tulare A O . • Caltrans Bridge Survey: Not available at SSJVIC; please see https://dot.ca.gov/programs/environmental-analysis/cultural-studies/california-historical-bridges-tunnels Ethnographic Information: Not available at SSJVIC Historical Literature: Not available at SSJVIC Historical Maps: Not available at SSJVIC; please see http://historicalmaps.arcgis.com/usgs/ Local Inventories: Not available at SSJVIC GLO and/or Rancho Plat Maps: Not available at SSJVIC; please see http://www.glorecords.blm.gov/search/default.aspx#searchTabIndex=0&searchByTypeIndex=1 and/or http://www.oac.cdlib.org/view?docId=hb8489p15p;developer=local;style=oac4;doc.view=items Shipwreck Inventory: Not available at SSJVIC; please see https://www.slc.ca.gov/shipwrecks/ Soil Survey Maps: Not available at SSJVIC; please see http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Please forward a copy of any resulting reports from this project to the office as soon as possible. Due to the sensitive nature of archaeological site location data, we ask that you do not include resource location maps and resource location descriptions in your report if the report is for public distribution. If you have any questions regarding the results presented herein, please contact the office at the phone number listed above. The provision of CHRIS Data via this records search response does not in any way constitute public disclosure of records otherwise exempt from disclosure under the California Public Records Act or any other law, including, but not limited to, records related to archeological site information maintained by or on behalf of, or in the possession of, the State of California, Department of Parks and Recreation, State Historic Preservation Officer, Office of Historic Preservation, or the State Historical Resources Commission. Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts. Should you require any additional information for the above referenced project, reference the record search number listed above when making inquiries. Invoices for Information Center services will be sent under separate cover from the California State University, Bakersfield Accounting Office. Thank you for using the California Historical Resources Information System (CHRIS). Sincerely, Celeste M. Thomson Coordinator FR-00577 FR-00384 May depict confidential cultural resource locations. Do not distribute.Ü00.1 0.20.05 Miles 0 0.15 0.30.075 Kilometers SSJV Information Center R ecord Search 22-054 Requester: Robert Gerry, Peak & Associates, Inc. Project Name: 49 West Fir P roperties USGS 7.5' Quad(s): Fresno North County: Fresno Project Area Record Search radius ^7 —T ;❖ >>>>>>>!<* Siic ■p&1 *1 vv°/\/ o 1 V . «t>°° ,■J U) .W’W ♦Xv Xw►♦Xv>!♦>!< ..O 344 jf .4*0( oW_. 'If nr /■ ■sr f I£!IH-#___Pij;. j V=wMINAR&TS AVEz 5-i T sr„ SPWCE ,,-■BnMalefi------511---75l|iO :/y i . Jy JL u V O <Qs.7J ST 2=¥i a*•l?co□\^jar-.iaE.jUft rfc'i-4;34J • 901 I• ■*M /1 fF p&r • * t :-r 4. f* V^v,m Mlm n Wel\i,« ■2 :\/33 60c■ Vzr nyp 00 t■P 0 Trup✓ i *j/ & Pao 3 ii4K00.SIERRA 333 ^>5vJ!•• •BM >336 • • ■/rcUJ H 0 J .11 I ;ii□□ J I I I-----1----1----1----1----1----1----1----1 J I L 26 APPENDIX 3 DPR 523 Records for Buildings State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 8 *Resource Name or #: 49 West Fir Street, Fresno P1. Other Identifier: *P2. Location:  Not for Publication X Unrestricted *a. County: Fresno and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: Fresno North, Calif. Date: 1965 (1981) T 12S; R 20E; SW ¼ of SE ¼ of Sec 33; M.D.B.M. c. Address: 49 West Fir Street City: Fresno Zip: 93650-1311 d. UTM: Zone: 10 ; mE/ mN (G.P.S.) e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) Elevation: 342 Feet (estimate). The residence is located at 49 West Fir Street in the community of Pinedale. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The property consists of a single-family home and detached garage located on a small, narrow lot. The single -family residence is single story, rectangular shaped with a front gable roof. Small, covered porches are located along the north, east, and south facing facades. The roof is covered with asphalt shingles and the sides are coated with stucco. Windows are modern aluminum and lo ok to be replacements. The detached garage is single story, rectangular shape with a front gable roof covered with asphalt shingles. The sides are coated with stucco. A garage door is located along the north facing façade. Three double sash windows are located al ong the east and south facing facades. The home was constructed in 1945 according to county building records. Stylistically it fits within the Minimal Traditional Style, popular between 1935-1950 (McAlester 2017:586-595). The front-gabled roof subtype is less common than other subtypes of Minimal Traditional Style homes, but otherwise this residence displays the typical stylistic elements of the style. *P3b. Resource Attributes: (List attributes and codes) HP2 - Singe family property *P4. Resources Present: X Building Structure Object Site District Element of District Other (Isolates, etc.) P5b. Description of Photo: (View, date, accession #) View looking south of the north facing façade of the residence. 2/28/22. Acc. # 2022IMG5820 *P6. Date Constructed/Age and Sources: X Historic Prehistoric Both The home was constructed in 1945 according to assessor’s records. *P7. Owner and Address: Unknown *P8. Recorded by: (Name, affiliation, and address) Michael Lawson, Peak & Associates, Inc., 3941 Park Drive, Suite 20-329, El Dorado Hills, CA 95762 *P9. Date Recorded: 2/28/22 *P10. Survey Type: (Describe) Complete, intensive. *P11. Report Citation: (Cite survey report and other sources, or enter "none.") Cultural Resource Assessment for the Valley Health Team Project Area, Pinedale, County of Fresno, California *Attachments: NONE X Location Map X Sketch Map X Continuation Sheet X Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (List): DPR 523A (1/95) *Required information ■V. •i ^ Jpt: T ■T?Y . *3 | !■%It1.'\ ■■ii.*■V T*1 J.T " TizriaiaL LfJlnFL liagjim■^rp.• g.E »' i'4?uUtFi 49A , _~ 6,k ■ - —-i 7 *.LlL.vrwj^j'»i*mamir. DPR 523B (1/95) *Required information State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 8 *NRHP Status Code *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno B1. Historic Name: B2. Common Name: B3. Original Use: Single family residence B4. Present Use: Single family residence *B5. Architectural Style: Minimal Traditional *B6. Construction History: (Construction date, alterations, and date of alterations) The residence was built in 1945 according to assessor’s records. *B7. Moved? X No Yes Unknown Date: Original Location: *B8. Related Features: Detached garage B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme: Residential architecture Area: Central California Period of Significance: 1900-1972 Property Type: Single family residence Applicable Criteria: A - D (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) Under CRHR criterion A, the site must “be associated with events that have made a significant contribution to the bro ad patterns of California's history and cultural heritage.” The residence and detached garage do not appear to be associated with any specific, significant contribution. For a property to be eligible under Criterion B of the CRHR, the features must be as sociated with persons important in the past. There is no evidence to suggest that this property was ever associated with a significant person in our past. For CRHR Criterion C, the resource must embody “the distinctive characteristics of a type, period, r egion, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.” Minimal Traditional Style homes represented the one of the most economical to build residential unit layouts available and was widely advertised as such during the 1930s and 1940s (McAlester 2017:587). The residence at 49 West Fir Street is a slightly less typical, but still very common, example of this widely built subtype. For Criterion D. there were no associated archeological deposits observed during the field inspection and recordation and it is unlikely given the degree of ground disturbance surrounding the buildings that a buried, undiscovered deposit would be presen t. We conclude that this residence and detached garage does not meet the threshold under criteria A - D of the CRHR and is not a historical resource. B11. Additional Resource Attributes: (List attributes and codes) *B12. References: McAlester, Virginia Savage, 2017 A Field Guide to American Houses. Alfred A. Knopf, New York. B13. Remarks: *B14. Evaluator: Melinda Peak *Date of Evaluation: February, 2022 (This space reserved for official comments.) 49 WEST FIR STREET, FRESNO Residence j. : iV^J V _ *1- 1m Garage r ” A v., • • 4 '- if-» ; - IScaleITrue North RlV* State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 3 of 8 *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno *Recorded by: Michael Lawson *Date: 2/28/22 X Continuation  Update DPR 523L (1/95) *Required information A) View looking southwest of the east facing facade of the residence. 2/28/22. Acc. #2022IMG5821 B) View looking southeast of the partial north (left) and west facing facades of the residence. 2/28/22. Acc. #2022IMG5822 '! v m ■iimfcTrtAi!:V >Tyifc.--ai■.f-.f v*i I■iy.v>' * 'V f v ■L. !?»Cs^jIV(W ••T|■: rW"iG' >mjt vX■ ■ i' ■.■ J «■>'ii ;:i(i Jl■'•V /Iff !M;; ai x- ■ J'. ¥• 2?■iipis:lPii•V 1 j fi 1 /,Iff Site vtKy i■-■ /'j;•' 'igtf ....;.»• rdr4ii |KS^ *5 i _)LJ a MU0#:- *uxn 1 '’f State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 4 of 8 *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno *Recorded by: Michael Lawson *Date: 2/28/22 X Continuation  Update DPR 523L (1/95) *Required information C) View looking north, northwest of the west (left) and south facing facades of the residence. 2/28/22. Acc. #2022IMG5823 D) View looking north with the detached garage (left), south facade of the residence (center). 2/28/22. Acc. #2022IMG5828 / //V i k t- A' III J lit ! v tjM / , i f;Vi v_^ r-miri1 fSnjl r'* ‘-t_ ; -. v - i|RtS HBsVp-, i !--k ■-SI rKlJi Jri'[& s -h "L 2^ til jA-• mJSSt '33-»«V r :.•<!*.f“ *■£•' :V"; L- 1 ii^TjTffirrM !yr?T’-■ *’ Vv. ft:' ■'I. Si •..*2®r^w ^ ; ■ £*X;TrfxSi r1''-■ P-.■m. '."tf f stSE'Jp •••.'. •'■■flj;•--."J IV'ti ■Ar ■’.’r- ■ MMI y 4.* *>• ,-..-<'*> s&■ i-kii^rv,^,.■Vi ,-*/•. Hvar*. State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 5 of 8 *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno *Recorded by: Michael Lawson *Date: 2/28/22 X Continuation  Update DPR 523L (1/95) *Required information E) View looking south of the north facing façade of the detached garage. 2/28/22. Acc. #2022IMG5824 F) View looking west of the east acing façade of the detached garage. 2/28/22. Acc. #2022IMG5825 1 «JSL, SB 1 T'i' < —1 £tt!M =ss ;-‘-JL1Ti li [t j IL ■. .--1 l-jmXXp*> j> v M • .■fck,-..a ' u’ y-^i- ■;i:'v jjgPK§i 'L.' ^- ■/>, _ v'JLi ,' f..' -...:• ' •-■4^. ,uHm • fr:. r‘ ' -■h‘- !;' •-.'£C?Jil*t, "* L:•. -i H t SHKs! • >, ■ .4,.'; . State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 6 of 8 *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno *Recorded by: Michael Lawson *Date: 2/28/22 X Continuation  Update DPR 523L (1/95) *Required information G) View looking north of the south facing façade of the detached garage. 2/28/22. Acc. #2022IMG5827 > I%I fm f i i L*A i rL- - ■U '■1 I/)fv.*Y r >'■:i v+ dV ■-vvr:^,>J.','Vi * ■' 1 '(ft L 3■** *■ , •11'. „ l * |■ i ■,k-i ■j'lti, I■ .>! j*.j.v Elg ■ \?#*** ■Vr :L; Of*■1. "J ■I.p■l - l y? T .-i.M Efif.* Ia r? p’1 <1 1 ■j ■■i, p i • ^ f { 7pJv vji ■.YiVi1 VJ mff■|SJV' i.H State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SKETCH MAP Trinomial Page 7 of 8 *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno *Drawn By: Neal Neuenschwander *Date 2/28/22 DPR 523K (1/95) *Required information t i 49 WEST FIR STREET, FRESNO Jr Residence Iar r* 1 !* — m ■ ** 4 » 'Ai ' i v ' ' / i's I k rr >r#^j- « X *T 'If True North Fix State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SKETCH MAP Trinomial Page 7 of 8 *Resource Name or # (Assigned by recorder) 49 West Fir Street, Fresno *Drawn By: Neal Neuenschwander *Date 2/28/22 DPR 523K (1/95) *Required information t i 49 WEST FIR STREET, FRESNO Jr Residence Iar r* 1 !* — m ■ ** 4 » 'Ai ' i v ' ' / i's I k rr >r#^j- « X *T 'If True North Fix State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 6 *Resource Name or #: 66 Beechwood Avenue, Fresno P1. Other Identifier: *P2. Location:  Not for Publication X Unrestricted *a. County: Fresno and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: Fresno North, Calif. Date: 1965 (1981) T 12S ; R 20E; SW ¼ of SW¼ of Sec 33; M.D.B.M. c. Address: 66 Beechwood Avenue City: Fresno Zip:93650-1311 d. UTM: Zone: 10 ; mE/ mN (G.P.S.) e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) Elevation: 340 Feet (estimate). The residence is located at 66 West Beechwood Avenue in the community of Pinedale. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The property has a single-family home with detached garage located on a small narrow lot. The residence is singe story, irregular shape with a hipped roof. The roof is covered with asphalt shingle s and the sides are covered with stucco, except for the south facing façade that has partial decorative brick siding. Win dows are modern aluminum and look to be replacements. The detached garage is single story with a hipped roof covered with asphalt sh ingles. The sides are covered with stucco. The home was constructed in 1961 according to county building records. Stylis tically it fits within the Minimal Traditional Style, popular between 1935-1950 (McAlester 2017:586-595). The hipped roof subtype is less common than other subtypes of Minimal Traditional Style homes, but otherwise this residence displays the typical styl istic elements of the style. *P3b. Resource Attributes: (List attributes and codes) HP2 – Single family property *P4. Resources Present: X Building Structure Object Site District Element of District Other (Isolates, etc.) P5b. Description of Photo: (View, date, accession #) View looking north of the south facing facades of the detached garage (left), residence (center). 2/28/22. Acc. #2022IMG2crop *P6. Date Constructed/Age and Sources: X Historic Prehistoric Both The residence was constructed in 1961 according to assessor’s records. *P7. Owner and Address: Unknown *P8. Recorded by: (Name, affiliation, and address) Michael Lawson, Peak & Associates, Inc., 3941 Park Drive, Suite 20-329, El Dorado Hills, CA 95762 *P9. Date Recorded: 2/28/22 *P10. Survey Type: (Describe) Complete, intensive. *P11. Report Citation: (Cite survey report and other sources, or enter "none.") Cultural Resource Assessment for the Valley Health Team Project Area, Pinedale, County of Fresno, California *Attachments: NONE X Location Map X Sketch Map X Continuation Sheet X Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (List): DPR 523A (1/95) *Required information T lan“Jr 4t rJ *\'*.H ■-' ?53WP DPR 523B (1/95) *Required information State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 6 *NRHP Status Code *Resource Name or # (Assigned by recorder) 66 West Beechwood Avenue, Fresno B1. Historic Name: B2. Common Name: B3. Original Use: Single family residence B4. Present Use: Single family residence *B5. Architectural Style: Minimal Traditional *B6. Construction History: (Construction date, alterations, and date of alterations) The residence was built in 1961 according to assessor’s records. *B7. Moved? X No Yes Unknown Date: Original Location: *B8. Related Features: Detached garage B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme: Residential architecture Area: Central Califronia Period of Significance: 1900-1972 Property Type: Single family residence Applicable Criteria: A-D (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) Under CRHR criterion A, the site must “be associated with events that have made a significant contribution to the bro ad patterns of California's history and cultural heritage.” The residence and detached garage does not appear to be associated with any specific, significant contribution. For a property to be eligible under Criterion B of the CRHR, the features must be associated with persons important in the past. There is no evidence to suggest that this property was ever associated with a significant person in our past. For CRHR Criterion C, the resource must embody “the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.” Minimal Traditional Style homes represented the one of the most economical to build residential unit layouts available and was widely advertised as such during the 1930s and 1940s (McAlester 2017:587). The residence located at 66 West Beechwood Avenue is a slightly less typical, but still very common, example of this widely built subtype. For Criterion D. there were no associated archeological deposits observed during the field inspection and recordation and it is unlikely given the degree of ground disturbance surrounding the buildings that a buried, undiscovered deposit would be presen t. We conclude that this residence and detached garage does not meet the threshold under criteria a - d of the CRHR and is not a historical resource. B11. Additional Resource Attributes: (List attributes and codes) *B12. References: McAlester, Virginia Savage, 2017 A Field Guide to American Houses. Alfred A. Knopf, New York. B13. Remarks: *B14. Evaluator: Melinda Peak *Date of Evaluation: February, 2022 (This space reserved for official comments.) ||6WEST BEECHWOOD AVENUE, FRESNO L j |■p; > v Residence- Garaget=%v *—’ n * '«14 *"<* J * OV- ScaleTrue North I State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 3 of 6 *Resource Name or # (Assigned by recorder) 66 West Beechwood Avenue, Fresno *Recorded by: Michael Lawson *Date: 2/28/22 X Continuation  Update DPR 523L (1/95) *Required information A) View looking northest of the west and south facades of the residence, garage to the left. 2/28/22. Acc. #2022IMG1crop B) View looking north of the south facing façades of the garage (left), residence. 2/28/22. Acc. 2022IMG2crop : ” •v am fcpPji l jT 4 k n ■till fiU T<rvY/ffffiIm9ns n-i&w* « > ♦ < .♦ . , V..K<»■* >55 *• ♦■**e :ift£7zz ♦fi ■'.g■:£>' TyBpyi «al •■' _■— ---—---- 5f-r a%afe. iB Iki:«^aHH im T-..1 t:*» '!;‘ V- ,mte?:\V-*iifir i w-rs-r-*!SS [X »fW State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 4 of 6 *Resource Name or # (Assigned by recorder) 66 West Beechwood Avenue, Fresno *Recorded by: Michael Lawson *Date: 2/28/22 X Continuation  Update DPR 523L (1/95) *Required information C) View looking north, northwest of the south and east facing facades of the residence. 2/28/22. Acc. #2022IMG4crop D) View looking northwest of the south and east facing façades of the residence. 2/28/22. Acc. 2022IMG5crop tMV- lD «* 1- "m 4V; ;IP»V1 « 'r ,, f ’ ": 7--V _ ' 1 Mf TT**0?.p ■if.II jSeN> .. i v- jjtijv -J:Lia*m. 1 7^ T* *- r3c»*-' -i* *G3SgsZ State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SKETCH MAP Trinomial Page 5 of 6 *Resource Name or # (Assigned by recorder) 66 Beechwood Avenue, Fresno *Drawn By: Neal Neuenschwander *Date 2/28/22 DPR 523K (1/95) *Required information L ___ 66 WEST BEECHWOOD AVENUE, FRESNO0----------------------------------------------------—---------------— <F w. > %*RESIDENCE-'Garage 0 *• * 4 9 L1 I # =: < 4 i % J J]f4 % | * I True North t State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# LOCATION MAP Trinomial Page 6 of 6 *Resource Name or #: 66 West Beechwood Avenue, Fresno *Map Name: Fresno North, Calif. 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QJjf Si^sjpiiona - ■" Tena>»High Sch MffD U.ailllLU " r*-1 s • i •m-BULLAkk \ ||^y |j|7 "■ml:.. I iJSA< I >J.1II■- S;s«Antho IamvicT■h \!330 ^iLJIJ!• $4 Njj4VE : i III■Itl V. RobinWn SchS-s<k ■iin« toGibson \Hex)Beta eh uk h.ki A....»l POBATE•3)5'Well'I2S .UL 3331JK£5 I' I*4 A r:"' \ y . ' -t ciz// ! I r V r ••I-AVT£3 ' / Oi a 2‘d, 4]i/y josjIJOSE•71 s-. WoltciI > > Appendix C Consistency Checklist Page 1 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2021 Fresno Greenhouse Gas (GHG) Reduction Plan Update – CEQA Project Consistency Checklist INTRODUCTION The City of Fresno updated its 2014 Greenhouse Gas (GHG) Reduction Plan (the Plan) in the year 2021 to conform with existing applicable State climate change policies and regulations. The GHG Plan Update outlines strategies that the City will undertake to achieve its proportional share of GHG emission reductions. The purpose of this GHG Reduction Plan Update Consistency Checklist (Checklist) is to help the City provide a streamlined review process for new development projects that are subject to discretionary review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15183.5. This Checklist has been developed as part of the GHG Plan Update implementation and monitoring process and will support the achievement of individual GHG reduction strategies as well as the City’s overall GHG reduction goals. In addition, this Checklist will further the City’s sustainability goals and policies that encourage sustainable development and aim to conserve and reduce the consumption of resources, such as energy and water. Projects that meet the requirements of this Checklist will be deemed to be consistent with the Fresno GHG Reduction Plan Update and will be found to have a less than significant contribution to cumulative GHG (i.e., the project’s incremental contribution to cumulative GHG effects is not cumulatively considerable), pursuant to CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). Projects that do not meet the requirements in this Checklist will be deemed to be inconsistent with the Fresno GHG Reduction Plan Update and must prepare a project- specific analysis of GHG emissions, including quantification of existing and projected GHG emissions and incorporation of the measures in this Checklist to the extent feasible. This GHG Checklist can be updated to reflect adoption of new GHG reduction strategies or to comply with any changes and updates in the Plan or local, State or federal regulations. Note that not all the measures in the checklist are applicable to all projects. The projects should comply with applicable measures from the checklist. City of Page 2 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2021 1.Project Information Contact Information Project No./Name: Address: Applicant Name/Co: Contact Information: Project Information 1. What is the Site acreage of the Project? 2. Identify all Applicable Proposed Land uses: a. Residential (Indicate number of single-family units) b. Residential (Indicate number of multi-family units) c. Commercial (total square footage) d. Industrial (total square footage) e. Other (describe) 3. Is the project or a portion of the project located in a transit priority area? (Y/N) 4.Provide a brief description of the project proposed: City of a«v4is? Page 3 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2021 2.Determining Land Use Consistency Checklist Item As the first step in determining the consistency with the GHG Reduction Plan for discretionary development projects, this section allows the City to determine the project’s consistency with the land use assumptions used in the GHG Reduction Plan. Yes No 1. Is the proposed project consistent with the approved General Plan, Specific Plan, and Community Plan planned land use and zoning designations? If the answer is Yes, then proceed to the GHG Plan Update Consistency Checklist. If the answer is No, then proceed to question 2. 2. If the proposed project is not consistent with the approved planned land use and zoning designation(s), then provide estimated GHG project emissions under both existing and proposed designation(s) for comparison. Compare the maximum buildout of the existing designation with the maximum buildout of the proposed designation. If the estimated project emissions at maximum buildout of the proposed designation(s) is equivalent to or less than the estimated project emissions at maximum buildout of the existing designation(s), then in accordance with the City’s Significance Determination Thresholds, the project’s GHG impact is less than significant. If there is a proposed development project associated with this plan amendment and or rezone then complete the GHG Plan Update Consistency Checklist and incorporate applicable measures, otherwise there is no further step required. If the estimated project emission at maximum buildout of the proposed designation(s) is greater than the estimated project emissions at maximum buildout of the existing designation(s), then in accordance with the City’s Significance Determination Thresholds, the project’s GHG impact is significant. The project must either show consistency with applicable GP objectives and policies (provide applicable GP objectives and policies here) or provide analysis and measures to incorporate into the project to bring the GHG emissions to a level that is less than or equal to the estimated project emission at maximum buildout of the existing designation(s) unless the decision-maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. If there is a proposed development project associated with this plan amendment and or rezone then complete the GHG Plan Update Consistency Checklist and incorporate applicable measures, otherwise there is no further step required. City of %|=i% Page 1 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2021 3.Greenhouse Gas (GHG) Reduction Plan Update - CEQA Project Consistency Checklist GHG Reduction Plan Update consistency review involves the evaluation of project consistency with the applicable strategies of the GHG Reduction Plan Update. The GHG reduction strategies identified in the GHG Reduction Plan Update relies upon the General Plan and additional local measures as the basis of the development related strategies to reduce GHG emissions. This checklist is developed based on the key local GHG reduction strategies and actions identified in the GHG Reduction Plan Update that are applicable to proposed development projects. Note that not all strategies listed below will apply to all projects. For example, not all projects will meet mixed-use related policies of the General Plan, because not all projects are required to be mixed use. Checklist Item (Check the appropriate box and provide an explanation for your answer) Relevant General Plan Policy Yes No Not Applicable (NA) Explanation 1: Land Use and Transportation Demand Strategies a.Does the project include mixed-use, development? For GHG Reduction Plan consistency, mixed-use development is defined as pedestrian-friendly development that blends two or more residential, commercial, cultural, or institutional, uses, one of which must be residential Policy UF-1-c, LU-3-b, Objective-UF 12, UF-12-a, UF-12-b, UF-12-d, Policy RC-2-a b.Is the project high density? For GHG Reduction Plan consistency, is the project developed at 12 units per acre or higher? LU-5-f c.Is the project infill development, pursuant to the General Plan definition of location within the City limits as of December 31, 2012? LU-2-a, Objective-12, UF-12-a, UF-12-b, UF-12-d d.Does the project implement pedestrian bicycle, and transit linkages with surrounding land uses and neighborhoods? For GHG Reduction Plan consistency, the project must include all sidewalks, paths, trails, and facilities required by the General Plan and Active Transportation Plan, as implemented through the Fresno Municipal Code and project conditions of approval. Policy UF-1-c, UF-12-e, Policy RC-2-a, Objective MT-4,5,6, Policy MT-4-c, Policy MT-6-a, Policy POSS- 7-h Objective MT 8, Policies MT-8-a, MT-8-b e.If the project includes mixed-use or high density development, is it located within ½ mile of a High Quality Transit Area as defined in the City’s CEQA Guidelines for Vehicle Miles Traveled? Or, is the project located within 500 feet of an existing or planned transit stop? Policy UF-12-a, UF-12-b, LU-3-b, Objective MT 8, Policies MT-8-a, MT-8-b f.Will the project accommodate a large employer (over 100 employees) and will it implement trip reduction programs such as increasing transit use, carpooling, vanpooling, bicycling, or other measures to reduce vehicle miles traveled pursuant to San Joaquin Valley Air Pollution Control District Rule 9410? See the SJVAPCD website for details: https://www.valleyair.org/rules/ currntrules/r9410.pdf Policy MT-8-b, Objective MT-9, Policy MT-10-c, San Joaquin Valley Air Pollution Control District Rule 9410 'Vi/ |vP Ajio Page 2 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2021 Checklist Item (Check the appropriate box and provide an explanation for your answer) Relevant General Plan Policy Yes No Not Applicable (NA) Explanation g.If the project includes modifications to the transportation network, do those improvements meet the requirements of the City of Fresno’s Complete Streets Policy, adopted in October 2019? According to the policy, a complete street is a transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users - including bicyclists, pedestrians, transit vehicles, trucks, and motorists - appropriate to the function and context of the facility while connecting to a larger transportation network. See City of Fresno website for details: https://www.fresno.gov/publicworks/wp- content/uploads/sites/17/2019/10/Complete-Streets-091119.pdf MT-1-g, MT-1-h h.Does the project have a less than significant VMT impact, either through satisfying screening criteria or mitigating VMT impacts, pursuant to the City’s adopted VMT thresholds? See City of Fresno website for details: https://www.fresno.gov/darm/wp- content/uploads/sites/10/2021/01/CEQA-Guidelines-for-Vehicle-Miles-Traveled- Final-Adopted-Version.pdf MT-2-b, MT-2-c 2: Electric Vehicle Strategies a.For new multi-family dwelling units with parking, does the project provide EV charging spaces capable of supporting future EV supply equipment (EV capable) at 10% of the parking spaces per 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 4.106.4 Policy RC-8-j b.For new commercial buildings, does project provide EV charging spaces capable of supporting EV capable spaces at 4% to 10% of the parking spaces per 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 5.106.5.3 Policy RC-8-j 3: Energy Conservation Strategies a.Does the project meet or exceed mandatory state building energy codes? If yes, does the project follow any other GreenPoint ratings such as LEED, Energy Star or others? If yes, indicate level of certification-Silver, gold, platinum if applicable? Policy RC-5-c, Objective RC-8, Policy RC 8-a b.For commercial projects, does the project achieve net zero emissions electricity? Mark NA if project will be permitted before 2030. Mark Yes if voluntary. Add source and capacity in explanation. Additional Recommended GHG Plan Measure, supports Objective RC-8 'Vi/ |vP Ajio Page 3 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2021 Checklist Item (Check the appropriate box and provide an explanation for your answer) Relevant General Plan Policy Yes No Not Applicable (NA) Explanation 4: Water Conservation Strategies a.Does the project meet or exceed the mandatory outdoor water use measures of the 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 4.304? If the project exceeds CalGreen Code mandatory measures provide methods in excess of requirements in the explanation. Examples include outdoor water conservation measures such as; drought tolerant landscaping plants, compliant irrigation systems, xeriscape, replacing turf etc. Provide the conservation measure that the project will include in the explanation. Objective RC-7, Policy RC-7-a, RC-7-h b.Does the project meet or exceed the mandatory indoor water use measures of the 2019 California Green Building Standards Code (CALGREEN, Title 24, Part 11), Section 4.303? If the project exceeds CalGreen Code, mandatory measures provide methods in excess of requirements in the explanation. Examples may include water conserving devices and systems such as water leak detection system, hot water pipe insulation, pressure reducing valves, energy efficient appliances such as Energy Star Certified dishwashers, washing machines, dual flush toilets, point of use and/or tankless water heaters. Objective RC-7, Policy RC-7-a, RC-7-e 5: Waste Diversion and Recycling Strategies a.Does the project implement techniques of solid waste segregation, disposal and reduction, such as recycling, composting, waste to energy technology, and/or waste separation, to reduce the volume of solid wastes that must be sent to landfill facilities? Policy PU-9-a, RC-11-a b.During construction will the project recycle construction and demolition waste? Policy RC-11-a c.Does the project provide recycling canisters in public areas where trashcans are also provided? Policy RC-11-a Note: The GHG reduction strategies included in this checklist are based on the GHG reduction strategies identified in the Chapter 5 of the GHG Reduction Plan Update. 'Vi/ |vP Ajio Appendix D Trip Generation Analysis www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 1 (559) 570-8991 April 08, 2022 Mrs. Jill Gormley, P.E. City of Fresno 2600 Fresno Street Fresno, CA 93721-3616 Via Email Only: Jill.Gormley@fresno.gov Subject: Trip Generation Analysis for the Medical Clinic located in the City of Fresno (JLB Project No. 004-143) Dear Mrs. Gormley, JLB Traffic Engineering, Inc. (JLB) has completed a Trip Generation Analysis (TGA) for the Medical Clinic (Project) located on the northwest quadrant of Blackstone Avenue and Herndon Avenue in the City of Fresno. The Project proposes to develop approximately 1.23 acres with an 11,664-square-foot single- story professional medical clinic. Per information provided to JLB, the proposed Project will undergo a General Plan Amendment to modify the land use from Medium Density Residential (5.0 to 12.0 dwelling units per acre) to Commercial General. The purpose of the TGA is to evaluate the potential difference in traffic generation of the proposed Project and that which could otherwise be developed per the Fresno General Plan. The TGA will focus primarily on comparing the anticipated driveway trip generation during a weekday, AM peak hour and PM peak hour of the Project and no Project alternatives. Project Description The Project proposes to develop approximately 1.23 acres with an 11,664-square-foot single-story professional medical clinic. Per information provided to JLB, the proposed Project will undergo a General Plan Amendment to modify the land use from Medium Density Residential (5.0 to 12.0 dwelling units per acre) to Commercial General. Figure 1 presents the latest Project Site Plan. Project Access Access to and from Project will generally be from Blackstone Avenue north of Herndon Avenue. More specifically, the Project will have two (2) full access points along Sugar Pine Avenue and Beechwood Avenue. A full access to the west side of Sugar Pine Avenue is located approximately 150 feet north of Beechwood Avenue and another to the north side of Beechwood Avenue is located approximately 200 feet west of Sugar Pine Avenue. Jl R TRAFFIC If h BlP ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 2 (559) 570-8991 Medical Clinic - City of Fresno Trip Generation Analysis April 08, 2022 Figure 1: Project Site Plan J \ -A 77777777777777777/ i J# V*...........& ■1’/////////////////////// W. FIR ©© Q 0 ©o a T-0 01 > "i J -3s ■3© lr a ^ <oI Ain* *'t t - V ■i " n h .iiiri:tw! j e^g i I**S* x-0-0I V :■■■i A *3 rA -EJj? ! ■■ATWOTT«WOrv h*:.j :U", \ n ■cnw-a in i L %0.£G>1**1*III •:liI Jr it+ui JS :v © % i nilk-O .-•. r,:■1- i:0 fto1 A ii.}'./a A 6 ■© .t 'T>.fCfIG G * v-G - -jiry0 -. '0 .I I I --L-'kt i “j ■- ©O *"0 OG O ©a ©1 I >®III " + Q \ V.Ill i __Uop «v J fti A Ljt®iACLKXMIHUTOIYNIC, I xy I-FT hij ® '©i--jL-£;i 1 I /« i -.i1110i Q*fiinQj~ -vQ .11 © .'If ® > *0 v ra \f'O 0 -^-ov:.□111 I il 0 i M -nrI "9 /©© -V iIf—G ■ ®jjfi ,i, _—vj- ,-<$p) ' ■■■■'II :.i jjGOi ii■G 'IIIHII/I&//////////tIf?. I,t.©'/////////////A - i H ©mi £■Q 10+ ♦©L - 0 TVin I J IZ3Z-r ©r i'#i i oiW. BEECHWOOD AVE.00 © 6i hi ©i i i X4 I— T Jl R TRAFFIC WhH# ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 3 (559) 570-8991 Medical Clinic - City of Fresno Trip Generation Analysis April 08, 2022 Project Trip Generation Trip generation rates for the proposed Project were obtained from the 10th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE). Table I presents the trip generation for the proposed Project with trip generation rates for 11,664 square feet of Medical-Dental Office Building space. At buildout, the proposed Project is estimated to generate a maximum of 406 daily trips, 32 AM peak hour trips and 40 PM peak hour trips. Table I: Project Trip Generation Land Use (ITE Code) Size Unit Daily AM (7-9) Peak Hour PM (4-6) Peak Hour Rate Total Trip Rate In Out In Out Total Trip Rate In Out In Out Total % % Medical-Dental Office Building (720) 11.664 k.s.f. 34.80 406 2.78 78 22 25 7 32 3.46 28 72 11 29 40 Total Project Trips 406 25 7 32 11 29 40 Note: k.s.f. = Thousand Square Feet General Plan Trip Generation The General Plan proposes that the Project site be developed with Single-Family Detached Housing units under the Medium Density Residential land use (5.0 to 12.0 dwelling units per acre). For purposes of this comparison, it is assumed that the Project site is developed according to the median density range allowable for Medium Density Residential of 8.5 ((5 + 12) ÷ 2 = 8.5) dwelling units per acre. Table II presents the trip generation of that which could otherwise be developed consistent with the General Plan with trip generation rates for 11 Single-Family Detached Housing units. Consistent with the General Plan, the Project site is anticipated to generate a maximum of 104 daily trips, 8 AM peak hour trips and 11 PM peak hour trips. Table II: General Plan Trip Generation Land Use (ITE Code) Size Unit Daily AM (7-9) Peak Hour PM (4-6) Peak Hour Rate Total Trip Rate In Out In Out Total Trip Rate In Out In Out Total % % Single-Family Detached Housing (210) 11 d.u. 9.44 104 0.74 25 75 2 6 8 0.99 63 37 7 4 11 Total Project Trips 104 2 6 8 7 4 11 Note: d.u. = Dwelling Units Jl R TRAFFIC If h BlP ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 4 (559) 570-8991 Medical Clinic - City of Fresno Trip Generation Analysis April 08, 2022 Trip Generation Comparison Compared to that which could be developed consistent with the General Plan, the proposed Project is estimated to generate more traffic by 302 daily trips, 24 AM peak hour trips and 29 PM peak hour trips. The trip generation comparison between the proposed Project and the General Plan is available in Table III. Table III: Difference in Trip Generation Daily AM (7-9) Peak Hour PM (4-6) Peak Hour Total In Out Total In Out Total Project 406 25 7 32 11 29 40 General Plan 104 2 6 8 7 4 11 Difference in Trip Generation 302 23 1 24 4 25 29 Transportation Impact Study Needs Per the Fresno Traffic Impact Study Report Guidelines, a Transportation Impact Study (TIS) Report for a Project may be required when the following thresholds are met: 1. When project-generated traffic is expected to be greater than 100 vehicle trips during any peak hour. 2. When a project includes a General Plan Amendment (GPA) which changes the land use. 3. When the project traffic will substantially affect an intersection or roadway segment already identified as operating at an unacceptable level of service. 4. When the project will substantially change the offsite transportation system or connection to it, as determined by the Traffic Engineering Manager. Moreover, the Fresno General Plan has established four (4) Traffic Impact Zones (TIZs) within the City of Fresno to assist with areas being incentivized for development. In the City of Fresno, all developments within TIZ-I maintain a LOS standard of F and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. In addition, all developments within TIZ-II maintain a LOS standard of E and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. Also, all developments within TIZ-III maintain a LOS standard of D and require a TIS when projected to generate greater than 100 peak hour new vehicle trips. Lastly, all developments within TIZ-IV maintain a LOS standard of E and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. Considering the Project is located within TIZ-III and its anticipated trip generation will not exceed 40 peak hour trips, a TIS would likely not be required. Additionally, the Project is located in an area where all major streets have been developed to meet or exceed the planned number of lanes. Also, all major street-to-major street intersections near the vicinity of the Project site are currently signalized and further improvements to these intersections are not anticipated by City of Fresno or Caltrans agencies. As a result, the preparation of a TIS beyond that which is included in this technical letter is not recommended. Jl R TRAFFIC If h BlP ENGINEERING, INC. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 5 (559) 570-8991 Medical Clinic - City of Fresno Trip Generation Analysis April 08, 2022 Conclusions and Recommendations Conclusions and recommendations presented below regarding the Project located on the northwest quadrant of Blackstone Avenue and Herndon Avenue in the City of Fresno are based on the results of the TGA. • The proposed Project will undergo a General Plan Amendment to modify the land use from Medium Density Residential (5.0 to 12.0 dwelling units per acre) to Commercial General. • At buildout, the proposed Project is estimated to generate a maximum of 406 daily trips, 32 AM peak hour trips and 40 PM peak hour trips. • Consistent with the General Plan, it is assumed that the Project site is developed according to the median density range allowable for Medium Density Residential of 8.5 dwelling units per acre. In this case, the Project site is anticipated to generate a maximum of 104 daily trips, 8 AM peak hour trips and 11 PM peak hour trips. • Compared to that which could be developed consistent with the General Plan, the proposed Project is estimated to generate more traffic by 302 daily trips, 24 AM peak hour trips and 29 PM peak hour trips. • Based on JLB’s knowledge of the proposed Project’s surrounding area, all major streets have been developed to meet or exceed their planned number of lanes and further improvements to these or nearby intersections are not anticipated. • The proposed Project is not substantially changing the offsite transportation system or connections to it. • Based on the findings and knowledge of the proposed Project’s surrounding area, JLB believes that this TGA satisfies the City’s requirements for the proposed Project to be processed. • While the proposed Project will not have a significant change in traffic to warrant the completion of a detailed traffic study, City of Fresno staff must make the final determination. If you have any questions or require additional information, please contact me via phone at (559) 570- 8991, or via email at jbenavides@jlbtraffic.com. Sincerely, Jose Luis Benavides, P.E., T.E. President Z:\01 Projects\004 Fresno\004-143 Valley Health Team\Letter\01 TGA Letter\L06232021 Medical Clinic TGA.docx Jl R TRAFFIC If h BlP ENGINEERING, INC. 1 Mitigation Measure Monitoring Program for Development Permit Application No. P22-00505 & Plan Amendment Rezone Application No. P22-00507 This Mitigation Monitoring and Reporting Program (MMRP) was formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the proposed Valley Health Team Project (project). The MMRP, which is found in Table A of this section, lists mitigation measures recommended in the IS/MND for the proposed project and identifies mitigation monitoring requirements. The MMRP must be adopted when the City Council makes a final decision on the proposed project. This MMRP has been prepared to comply with the requirements of State law (Public Resources Code Section 21081.6). State law requires the adoption of an MMRP when mitigation measures are required to avoid significant impacts. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process. The MMRP is intended to ensure compliance during implementation of the project. The MMRP is organized in a matrix format. The first column identifies the mitigation measure. The second column, entitled “Mitigation Responsibility,” refers to the party responsible for implementing the mitigation measure. The third column, entitled “Monitoring/Reporting Agency,” refers to the agency responsible for oversight or ensuring that the mitigation measure is implemented. The fourth column, entitled “Monitoring Schedule,” refers to when monitoring will occur to ensure that the mitigating action is completed. The fifth column, entitled “Verification,” will be initialed and dated by the individual designated to verify adherence to the project specific mitigation. 2 This page left intentionally blank. Exhibit O FRESNO MUNICIPAL CODE & HOUSING ELEMENT FINDINGS PLAN AMENDMENT AND REZONE APPLICATION NO. P22-00507 DEVELOPMENT PERMIT APPLICATION NO. P22-00505 PLAN AMENDMENT AND REZONE APPLICATION FINDINGS Section 15-5812 of the Fresno Municipal Code provides that the City Council shall not approve an application unless the following findings can be made for the proposed Plan Amendment and Rezone: Findings per Fresno Municipal Code Section 15-5812 Finding a: The change is consistent with the General Plan goals and policies, any operative plan, or adopted policy; Finding (a) can be made for the following reasons: The change in planned land use and zoning from Medium Density Residential to Commercial General provides consistency with the following General Plan goals: • Increase opportunity, economic development, business, and job creation; • Make full use of existing infrastructure, and investment in improvements to increase competitiveness and promote economic growth; and • Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance. • Promote a city of healthy communities and improve quality of life in established neighborhoods. • Promote orderly land use development in pace with public facilities and services needed to serve development. These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. The following are applicable objectives and policies from the Urban Form, Land Use & Design, and Healthy Communities elements of the Fresno General Plan that the project is consistent with: • Objective UF-1 emphasizes the opportunity for a diversity of districts, neighborhoods, and housing types. o Policy UF-1-f: Complete Neighborhoods, Densities, and Development Standards. Use Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan. • Objective LU-1 promotes the establishment of a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. o Policy LU-1-a: Promote Development within the Existing City Limits as of December 31, 2012. Promote new development, infill, and rehabilitation of existing building stock in the Downtown Planning Area, along BRT corridors, in established neighborhoods generally south of Herndon Avenue, and on other infill sites and vacant land within the City. o LU-1-c: Provision of Public Facilities and Services. Promote orderly land use development in pace with public facilities and services needed to serve development. • Objective LU-2: Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents. o Policy LU-2-a: Infill Development and Redevelopment. Promote development of vacant, underdeveloped, and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs. • Objective LU-6: Retain and enhance existing commercial areas to strengthen Fresno’s economic base and site new office, retail, and lodging use districts to serve neighborhoods and regional visitors. o Policy LU-6-c: Appropriate Office Development. Promote the establishment of development standards for new offices, addressing location, size, and intensity necessary to meet the City’s needs. Integrate and support employment in adjacent and proximate neighborhoods.  Locate office projects to provide a transition between more intensive commercial uses and residential areas. • Objective LU-8 provides for the development of civic and institutional land uses to meet the educational, medical, social, economic, cultural, and religious needs of the community. • Objective HC-1 works with neighborhood associations of local residents, businesses, and institutions on neighborhood and community health initiatives. o Policy HC-1-c: Neighborhood Care Facilities. Support public agencies and private sector groups who provide care facilities in neighborhoods and job centers through new partnerships and incentives, and create opportunities to provide healthy, secure environments for Pre-K children, older adults, and people with disabilities. o Policy HC-1-d: Cultural Sensitivity. Work with providers to ensure that additional health care services are offered in a way that is culturally sensitive and linguistically appropriate for the diverse communities in Fresno. • Objective HC-2 promotes the creation of complete, well-structured, and healthy neighborhoods and transportation systems. o Policy HC-2-a: Healthy Neighborhoods. Promote the design of Complete Neighborhoods whose physical layout and land use mix allow for walking to local stores and services, biking, and transit use; foster community pride; enhance neighborhood identity; encourage public safety; are family-friendly; and address the needs of residents of all ages and abilities. o Policy HC-2-d: Mobility for Carless Population. Improve multi-modal mobility for populations that do not have access to a car by connecting neighborhoods to major destinations, including parks; civic facilities; educational institutions; medical facilities; employment centers; shopping destinations; and recreation areas. • Objective HC-3 promotes the creation of healthy, safe, and affordable housing. o Policy HC-3-e: Health Services and Medical Facilities in Underserved Neighborhoods. Publicize existing health programs and help residents make the connection between County and community-based health services and medical facilities. Work with hospitals and the County of Fresno Health Department to increase siting and development of medical clinics and medical facilities. The change in the planned land use and zoning designation from Residential – Medium Density to Commercial – General would allow for the establishment of a new Medical Facility at the subject site. Further, the change would help facilitate and achieve the above-mentioned goals, objectives, and policies of the General Plan. The proposed plan amendment and rezone will facilitate a project that meets the intent of the goals, objectives, and policies of the Fresno General Plan referenced herein above. Valley Health Team, Inc., which provides healthcare services in the Central Valley, will serve and meet the healthcare needs of the underserved Pinedale neighborhood providing accessible, comprehensive, and quality health care in a culturally and linguistically appropriate manner. The subject property is currently undeveloped and located in an area experiencing growth in development and that can be generally characterized by a mix of existing land uses including Public Facilities (north), residential (south), commercial (east), residential (west). Furthermore, surrounding properties are planned and zoned for a mix of land uses which include Public Facility - Elementary School (north), Residential - Medium Density (south), Corridor - Center Mixed Use (east), and Residential - Medium Density (west). The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses. The project also proposes a building of high-quality design and at a scale compatible with the surrounding area. The proposed project would consist of the development of an approximately 11,664 square-foot, single-story medical clinic in the Pinedale community. Therefore, the project fosters a high-quality design and would contribute to the mix of amenities in the surrounding area. Lastly, the project supports economic development by creating a new Medical facility, which will provide 40 permanent, full-time, good paying jobs, in North Fresno’s Pinedale Area. The subject property is designated for Medium Density Residential planned uses by the Bullard Community Plan. Upon reviewing the policies contained in the Plan staff has determined that the there are no policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan. However, should there be a conflict between the FMC and the Bullard Community Plan, pursuant to Section 15-104-D-4 of the FMC, the FMC shall control. Goals within the Bullard Community Plan that the project is consistent with are as outlined below: • Goal 4.1.2-5: Provide for a compatible relationship between differing housing types and densities. The Pinedale Neighborhood Plan currently has principles and policies that would discourage commercial uses at the subject site. Objective D-1 provide the intent to restrict development of new commercial uses to areas that are within the North Blackstone/North Sugar Pine Avenue commercial corridor and along the Herndon Avenue frontage road, directly southeast of the project site. Specifically, Policy D.1.d of the Pinedale Neighborhood Plan calls for the rezone of the subject properties (along the westerly side of North Sugar Pine Avenue, between West Beechwood and West Fir Avenues) from the C-6 (Heavy Commercial) zone district to R-2-A (Low Density Multiple- Family Residential, one story) zone district. The subject properties are currently zoned RS-5 (Residential Single-Family, Medium Density) which allows for single-family and multi-family residential uses. However, the Pinedale Neighborhood Plan includes the intent to provide the residents of Pinedale easy access to needed commercial and professional/medical services. The project (as proposed) will introduce medical services and easy access to residents who may otherwise require transit or a vehicle to reach medical services outside of Pinedale. In this way, the project (proposed rezone/plan amendment and related development permit) may be found consistent with the intent and vision of the Pinedale Neighborhood Plan. Specifically, Chapter 2 (Commercial) of the Pinedale Neighborhood Plan states the following: • Policy D-2.d: All commercial uses shall provide adequate on-site parking which shall be landscaped and located in such a manner that it is not disruptive lo the neighborhood character. The project includes a concrete masonry unit (CMU) along the western project site boundary, which adjoins residential. The project also includes landscaping which will comply with Development Standards of the FMC Article 23. Chapter 4 (Circulation) of the Pinedale Neighborhood Plan states the following: • Goal K: Expand the opportunity and ability for Pinedale residents to reach commercial and medical related services through the use of public or private transit. The Pinedale area is an underserved community with limited access to transit and medical services, the project as proposed addresses the lack of medical services and removes the need for transit to areas outside of Pinedale. Appendix 1 (Historical Overview) of the Pinedale Neighborhood Plan states the following: • Today the community is considered one of the most diverse in the area, with a well-integrated mix of Hispanic, African-American, while and Southeast Asians living together. It is definitely a walking community. As proposed, the project offers residents the opportunity to have walking distance access to medical access without leaving the community. Further, the subject site has remained vacant since the creation of the Pinedale Neighborhood Plan and would promote development of vacant, underdeveloped, and re-developable land within the City Limits. Finding b: The change is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare; and Finding (b) can be made for the following reasons: The proposed change is necessary for the development of a Medical Facility. The subject property is currently zoned for Medium Density Residential uses. The proposed rezoning of the property would allow Valley Health Team, Inc. to develop an 11,664 square-foot medical clinic. Pursuant to Table 15-1202 (Land Use Regulations – Commercial Districts) of the FMC, Office uses, which includes Medical and Dental, are permitted “by right” in the CG zone district with an approved Development Permit and not subject to specific limitations or additional regulations for special uses pursuant to Article 27 of the FMC. The Development Code implements setbacks, height, density, landscaping, parking and all applicable development standards for the use listed above. In addition, all responsible departments and agencies have been contacted and provided opportunity to respond with requirements to ensure the proposed development will protect the health, safety, peace, comfort, and general welfare of the community. Specific requirements are identified in the project Conditions of Approval listed in Exhibit J of the staff report. The proposed project will provide employment opportunities in the City of Fresno. In addition, by allowing Valley Health Team, Inc. to develop a medical clinic in the Pinedale community, the residents will have access to medical care services in the underserved Pinedale community. The project has been designed and conditioned in a manner which will promote and protect the public health, safety, peace, comfort and general welfare as provided and further analyzed within the staff report, to which these findings are attached, as well as within the associated Environmental Assessment (Exhibit N) attached to the staff report. Finding c: The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment-generating uses, consistent with the General Plan, any applicable operative plan, or adopted policy; and to increase the inventory of land within a given zoning district to meet market demand. Finding (c) can be made for the following reasons: The proposed change in land use from Medium Density Residential to Commercial - General will help the City comply with goals and policies of the General Plan, including Objectives LU-8, HC-1, HC-2, LU-1, LU-2, and Policies HC-1-d, HC-2-d, LU-1-a, LU-1-c, LU-2-a as mentioned in Finding A above. Objective LU-8, HC-1, HC-2, LU-1, LU-2 Policy HC-1-d, HC-2-d, LU-1-a, LU-1-c, LU-2-a Furthermore, the proposed change in land use from Medium Density Residential to Commercial - General will help the City meet the intent and vision of the Pinedale Neighborhood Plan as well as comply with the goals and policies of the PNP, including Goals K, and Policy D-2.d as mentioned in Finding A above. DEVELOPMENT PERMIT APPLICATION FINDINGS Section 15-5206 of the Fresno Municipal Code provides the Director or Planning Commission may only approve a Development Permit application if it finds that the application is consistent with the purposes of this article and with the following: FINDINGS PER FRESNO MUNICIPAL CODE SECTION 15-5206 Finding a: The applicable standards and requirements of this Code. Finding (a) can be made for the following reasons: Development and use of the subject site as proposed is contingent upon approval of the related Plan Amendment and Rezone Application (P22-00507) components. The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) zone district to the CG (Commercial - General) zone district in accordance with the Plan Amendment Application. The proposed use, Office, Medical and Dental, is permitted by right, subject to an approved Development Permit, in the CG (Commercial - General) zone district. Given the conditions of approval, Development Permit Application No. P22-00505 will comply with all applicable development standards of CG zone district and the Citywide Development Code including but not limited to Article 12 (Commercial Districts), Section 15-2008 (Screening Between Differing Land Uses), Article 23 (Landscaping), and Article 24 (Parking and Loading). Finding b: The General Plan and any operative plan or policies the City has adopted. Finding (b) can be made for the following reasons: Given the conditions of approval, Development Permit Application No. P22-00505 has been found to be consistent with the goals, objectives, and policies contained in the Fresno General Plan, Bullard Community Plan, and the Pinedale Neighborhood Plan as well as the planned land use designation of Commercial - General. Finding c: Any applicable design guidelines adopted by the City Council. Finding (c) can be made for the following reasons: Given the conditions of approval, Development Permit Application No. P22-00505 will comply with all applicable site design and façade design development standards of the CG (Commercial - General) zone district. Finding d: Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required. Finding (d) can be made for the following reasons: Aside from the related Plan Amendment and Rezone Application No. P22-00507, the proposed project does not require a Tentative Map, Conditional Use Permit, Variance or other planning or zoning approval. Development Permit Application No. P22-00505 is consistent with the proposed Plan Amendment and Rezone Application No. P22-00507 in that the land use and zoning change approval will allow for the development of a Medical Facility. All special conditions required for the proposed project have been incorporated into the Conditions of Approval which shall be met prior to issuance of building permits/occupancy. Furthermore, the applicant is required to submit corrected exhibits, inclusive of all conditions of approval which will ensure that all requirements are met. Finding e. Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5. Finding (e) can be made for the following reasons: The proposed project is located within the Airport Influence Area under the Fresno County Airport Land Use Compatibility Plan. The project site is located within the Fresno-Chandler Executive Airport’s (FCE) Safety Zone 7 – Precision Approach Zone and is not located within a Noise Contour. Listed uses prohibited in Traffic Pattern Zone include hazards to flight. Furthermore, the following Development conditions do not apply; No object shall have a height that would penetrate the airspace protection surface of the airport. Any object that penetrates one of these surfaces is, by FAA definition, considered an obstruction. A proposed object having a height that exceeds the airport’s airspace protection surface shall be allowed only if, upon conclusion of the FAA’s 7460 review process, the FAA determines that the object would not be a hazard to air navigation. The Airport Land Use Commission reviewed the project as submitted at their December 5, 2022, regular meeting and approved a Finding of Consistency with the ALUCP. Therefore, the proposed project is compatible and in compliance with the Airport Land Use Compatibility Plan. HOUSING ELEMENT FINDINGS The City Council may only approve development on a Housing Element Site at less than the established minimum residential capacity if it makes the following findings at the time of approval pursuant to California Government Code §§ 65863, et seq.: Findings per the Housing Element (California Government Code §§ 65863, et seq.) The City Council may only approve an application that reduces the residential density for sites within the Housing Element Inventory, or allow development of any site at, a lower density if it finds that the application is consistent with the purposes of this article and with the following. a. The reduction in residential densities on sites within the Housing Element inventory included in the proposed Plan Amendment, Rezone, and Development Permit is consistent with the goals and objectives of the Fresno General Plan, and is consistent with the Housing Element; and Finding a: Given approval of Plan Amendment and Rezone Application No. P22-00507, related Development Permit Application NO. P22-00505, and the conditions of approval, the proposed 11,664-square-foot, single-story medical clinic which will reduce residential densities on sites within the Housing Element inventory is consistent with the goals and objectives of the Fresno General Plan, and is consistent with the Housing Element. b. The remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Section 65584. The capacity quantification for all income categories is as follows: Finding b: This project (P22-00505 and P22-00507) is located across six parcels, five of which are part of the 2013-2023 RHNA Housing Element Sites Inventory, which anticipates a combined minimum capacity of 5 above moderate units for this site. The 2013-2023 RHNA obligation for above moderate is 10,116 and the existing surplus capacity is 5,499 for a total existing capacity of 15,615 units. This project proposes 0 units of housing and will therefore lower the surplus capacity to 5,494 units. As the remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 of the California Government Code and to accommodate the City’s share of the regional housing need pursuant to Section 65584, this project is consistent with the Housing Element. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that all of the findings above can be made. Exhibit R City Council Hearing June 29, 2023 CONSIDERATION OF PLAN AMENDMENT & REZONE APPLICATION NO. P22-00507, DEVELOPMENT PERMIT APPLICATION NO. P22-00505 AND RELATED ENVIRONMENTAL FINDING FOR EA NO. P22-00507/P22-00505 Filed by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc. City Council Hearing June 29, 2023 Existing Planned Land Use & Zoning Map RS-5 Medium Density – Single Family Residential 6 -14 dwelling units RS-3 RS-4 RM-1 RM-2 RM-3 CMS CC CRC CG RS-5 CH CR NMX CMX RMX CMX CMX CMX CR CMX CMX RS-5 RS-5 CG PI Pinedale Elementary School City Council Hearing June 29, 2023 Project Summary & Background: Development Two (2)points of ingress and egress; one (1)along N.Sugar Pine Ave; one (1)along W.Beechwood Ave; Curbs,gutters,and sidewalks; Landscaping and landscape buffer; Six-foot CMU block wall Parking; Operations Hours of Operation: Monday through Friday,8:00 a.m.to 6:00 p.m. Saturdays 8:00 a.m.to 8:00 p.m. Exam,treatment,labs,x-ray,behavioral health,dental and other rooms and offices. Telemedicine Services (25% of appointments) Expected to serve 5,000 patients 21,540 patients visits per year 82 patients per day Residents of the Pinedale Community and Pinedale Elementary School students account for 40% -50% of patients 40 staff members Site Plan Development Permit Application No. P22-00505 proposes to construct an ±11 ,664 square-foot,single-story medical clinic. City Council Hearing June 29, 2023 Project Summary & Background: Continued Development Permit Application No. P22-00505 proposes to construct an ±11,664 square-foot, single-story medical clinic. Plan Amendment Application No. P22-00507 requests to change the planned land use designation for the subject property from Residential –Medium Density to Commercial –General;and Rezone Application No.P22-00507 requests to rezone the subject property from the RS-5 (Residential Single Family,Medium Density)zone district to CG (Commercial –General)zone district. Commercial –General planned land use designation and zoning classification accommodates a range of commercial uses (including Offices,Medical and Dental); General Commercial uses (which includes Offices,Medical and Dental)are permitted “by-right”in the CG zone district;and If approved, the proposed development would be considered consistent with the proposed Commercial –General planned land use and zoning designation. City Council Hearing June 29, 2023 Proposed Planned Land Use & Zoning Map CG Commercial – General RS-3 RS-4 RM-1 RM-2 RM-3 CMS CC CRC CG RS-5 CH CR NMX CMX RMX CMX CMX CMX CR CMX CMX RS-5 RS-5 CG PI Pinedale Elementary School City Council Hearing June 29, 2023 Staff Recommendation 1.ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2.RESOLUTION – Approving Plan Amendment Application No. P22-00507, requesting authorization to amend the Bullard Community Plan, Pinedale Neighborhood Plan and the Fresno General Plan to change the planned land use designation for the subject property from Residential – Medium Density to Commercial – General; and 3.BILL – (For introduction and adoption) – Approving Rezone Application No. P22-00507, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) zone district to the CG (Commercial – General) zone district in accordance with the Plan Amendment Application; and 4.APPROVE Development Permit Application No. P22-00505, requesting authorization to construct an ±11,664-square-foot medical clinic and associated parking, circulation, and infrastructure improvements on the approximately 1.23-acre site. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1059 Agenda Date:6/29/2023 Agenda #: 4.-A. REPORT TO THE CITY COUNCIL FROM:GARRY BREDEFELD, Councilmember District 6 TYLER MAXWELL, Council President District 4 MIKE KARBASSI, Councilmember District 2 SUBJECT Resolution - Naming the Fresno Police Department Regional Training Center the “Jerry P. Dyer Regional Police Training Center” RECOMMENDATION Attachment: Resolution City of Fresno Printed on 7/18/2023Page 1 of 1 powered by Legistar™ 6/29/2023 TM/MK 6-1 MA VOTED NO R. 2023-193 1 of 2 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, NAMING THE “JERRY P. DYER REGIONAL POLICE TRAINING CENTER” WHEREAS, the Regional Police Training Center at 6375 West Central Avenue in Fresno does not currently have a formal designation; and WHEREAS, Mayor Jerry P. Dyer is a lifelong Central Valley and Fresno native who has dedicated his life to serve this community; and WHEREAS, Mayor Dyer was first sworn in as a Fresno Police Department officer on May 1, 1979; and WHEREAS, Mayor Dyer served as Fresno’s Police Chief for 18 years; the longest tenure in Fresno’s history; and WHEREAS, Mayor Dyer served as the President of the California Police Chief’s Association in 2008; and WHEREAS, Mayor Dyer was elected Mayor of Fresno in 2020; and WHEREAS, Mayor Dyer has made it his mission in life to keep the residents of the City of Fresno safe and create unity in our community under the One Fresno philosophy; and WHEREAS, Mayor Dyer has prioritized Downtown revitalization, youth leadership, beautifying Fresno, and public safety. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 2 of 2 1. The Police Training Center at 6375 West Central Avenue in Fresno shall hereafter be named the “Jerry P. Dyer Regional Police Training Center”. 2. That this resolution is exempt from the 2020-272 Council Resolution requiring review by the Historic Preservation Commission. 3. This resolution shall be effective upon final approval. * * * * * * * * * * * * * * 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: Andrew Janz Date City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1062 Agenda Date:6/29/2023 Agenda #: 5.-A. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNCIL - POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): PW Fund B, LP, et al. v. City of Fresno City of Fresno Printed on 7/18/2023Page 1 of 1 powered by Legistar™ 6/29/2023 DISCUSSED NO REPORTS NEW FILE 23-1081