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2023-08-24 Council Agenda Packet
Thursday, August 24, 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 8/24/20238/24/2023 NE/AP 6-06-0 LC ABSENT AS AMENDED August 24, 2023City Council Meeting Agenda - Final The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 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_6DUV1EVyRkGcmksgONPQ0w 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 August 24, 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 August 24, 2023City Council Meeting Agenda - Final 9:00 A.M. ROLL CALL Invocation by Maggie Guekguezian from the Wesley United Methodist Church Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS ID 23-1146 Proclamation for “Kapetan Brothers Day” Sponsors:Councilmember Bredefeld 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 23-1265 Approval of Minutes for August 10, 2023, Regular Meeting. Sponsors:Office of the City Clerk 1.-B.ID 23-1203 Actions pertaining to the Fanning No. 76 Undergrounding Project (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Section 15302/Class 2 of the California Environmental Quality Act Guidelines 2. Approve a Joint Project Agreement with the Fresno Irrigation District to provide for cost sharing on pipeline construction, for an estimated City contribution in the amount of $225,543.75 Sponsors:Capital Projects Department Page 4 City of Fresno ***Subject to Mayoral Veto August 24, 2023City Council Meeting Agenda - Final 1.-C.ID 23-1196 Approve the award of a Requirements Contract for retreading of commercial truck tires to Delray Tire and Retreading of Fresno, California for two years with three one-year optional extensions in the amount of $381,551.00, plus annual CPI adjustments. (Bid File 9659) Sponsors:General Services Department 1.-D.ID 23-1224 Actions pertaining to a Lease Agreement between the City of Fresno and Signature Flight Support LLC, a Delaware limited liability company, for the continued lease of office/hangar space for the Police Department’s Air Support Unit located at 4941 E Andersen, at the Fresno Yosemite International Airport 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines 2. Approve a three-and-a-half-year lease agreement between the City of Fresno and Signature Flight Support LLC, a Delaware limited liability company in the amount of $44,604 annually, with annual increases by the greater of 3.5% or the CPI Adjustment, plus the proportionate CAM (Common Area Maintenance) charges at $2,220 annually Sponsors:General Services Department and Police Department 1.-E.ID 23-1231 Award a purchase contract to Toyota of Selma, CA, for the purchase of 11 Toyota Prius in the amount of $330,815.38 to be utilized by the City Attorney’s Office Code Enforcement Division and the Planning & Development Department (Bid File 12302272) Sponsors:General Services Department 1.-F.ID 23-1251 Approve the appointment of Al Moncada to the Mobile Home Rent Review and Stabilization Commission as an At-Large Member for a term ending 6/30/2025. Approve the appointment of Lisa Talley to the Fresno/Clovis Community Media Authority for a term ending 6/30/2025. Sponsors:Office of Mayor & City Manager Page 5 City of Fresno ***Subject to Mayoral Veto August 24, 2023City Council Meeting Agenda - Final 1.-G.ID 23-1234 ***RESOLUTION - Authorizing the City Manager or Designee to apply for a $500,000 grant from the California Strategic Growth Council to fund community resilience center planning and execute any grant related documents on behalf of the City (Citywide) (Subject to Mayor’s Veto) Sponsors:Parks, After School and Recreation and Community Services Department 1.-H.ID 23-1235 Actions pertaining to a grant agreement between the City of Fresno and the Cecil C. Hinton Community Center, a Non-Profit Corporation (District 3): 1. *** RESOLUTION - A Resolution of the Council of the City of Fresno adopting the 11th Amendment to the Annual Appropriation Resolution NO. 2023-185 reallocating $500,000 in General Fund and American Rescue Plan Act-ARPA (Revenue Replacement) Funding Between the Echo Paving McKinley to Olive Project and the Hinton Center Renovations (Requires five affirmative votes) (Subject to Mayor’s Veto) 2. Approve a two-year, $500,000 Grant Agreement between the City of Fresno and the Cecil C. Hinton Community Center non-profit for the Hinton Center Project 3. Authorize the City Manager or designee to execute all grant related documents on behalf of the City Sponsors:Parks, After School and Recreation and Community Services Department 1.-I.ID 23-1215 Approve a consultant services agreement with JSA Environmental Consulting in an amount not to exceed $200,000.00 to provide professional lead-based paint inspections, testing, risk assessments, and consultant services for the City’s housing rehabilitation programs. Sponsors:Planning and Development Department Page 6 City of Fresno ***Subject to Mayoral Veto August 24, 2023City Council Meeting Agenda - Final 1.-J.ID 23-982 Actions pertaining to the West Area Neighborhoods Specific Plan: 1. Approve a consultant services amendment with De Novo Planning Group, for professional environmental analysis services related to the West Area Neighborhoods Specific Plan in the amount of $214,353.70. Sponsors:Planning and Development Department 1.-K.ID 23-1167 Consider Acceptance of the Kings Canyon Corridor Transit Oriented Development Study: 1. Adopt a finding that the project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 as a feasibility study. 2. RESOLUTION - Accepting the Kings Canyon Corridor Transit Oriented Development Study Sponsors:Planning and Development Department 1.-L.ID 23-1205 Actions pertaining to renewing the Workforce Connection Young Adult Services Work Experience Agreement between Fresno Regional Workforce Development Board (FRWDB) and WIOA Young Adult FRWDB Provider of Service and the City of Fresno. Per the original agreement FRWDB will compensate up to 40 participants at minimum wage in an amount not to exceed $140,400 and the City of Fresno will serve as the worksite. This renewal is to complete the entirety of the agreement for the remaining 22 participants and be effective July 1, 2023 through June 30, 2024. Sponsors:Personnel Services Department 1.-M.ID 23-1248 Approve a Second Amendment Agreement to extend from September 1, 2023 through August 31, 2026, for Employee Assistance Program Services between the City of Fresno and Halcyon Behavioral Employee Assistance with an expected 2024 Fiscal Year expense of $77,836, an expected 2025 Fiscal Year expense of $82,215, and an expected 2026 Fiscal Year expense of $86,593, for a total contract amount of $246,644 and authorized by the Personnel Services Director Sponsors:Personnel Services Department Page 7 City of Fresno ***Subject to Mayoral Veto August 24, 2023City Council Meeting Agenda - Final 1.-N.ID 23-1275 ***Approve a Side Letter of Agreement with the Fresno Police Officers Association (FPOA), for Unit 4 - Non-Management Police, regarding Court Appearances (Subject to Mayor’s Veto) Sponsors:Personnel Services Department 1.-O.ID 23-1149 BILL - (For Introduction)_-Amending Article 17, Chapter 9, Sections 9-1702 9-1704, 9-1706, 9-1707, 9-1708, 9-1709, 9-1711, 9-1712 and 9-1713 of the Fresno Municipal Code as it relates to police department dispatching of tow trucks. Sponsors:Police Department 1.-P.ID 23-1236 Approve the FY 23 annual participation agreement for the Federal Equitable Sharing Agreement and Certification Program for the disposition funds, including interest, forfeited in connection with a crime and authorize the City Manager and the Chief of Police to execute related documents. Sponsors:Police Department 1.-Q.ID 23-1001 Award of a Requirements Contract to Toter, LLC, for five years, with two one-year optional extensions, in an amount of $951,500 per year for the purchase of up to 15,000 refuse, recycling, and green waste/organics containers using a cooperative purchase agreement (Citywide). Sponsors:Department of Public Utilities 1.-R.ID 23-1163 Actions pertaining to the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard (Council District 3): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number PW13217 per staff determination, pursuant to Section 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines 2. ***RESOLUTION - Ordering the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard (Subject to Mayor’s Veto) Sponsors:Public Works Department 1.-S.ID 23-1230 *** RESOLUTION - Authorizing Submission of Applications for Grant Funds in total amount of approximately $67,865,000 from the 2023/2024 Congestion Mitigation and Air Quality Improvement Program, Carbon Reduction Program, and the Surface Transportation Block Grant Program Call for Projects from the Fresno Council of Governments and Authorizing the Execution of all Application Related Page 8 City of Fresno ***Subject to Mayoral Veto August 24, 2023City Council Meeting Agenda - Final Documents by the Public Works Director, the Transportation Director, or designees (Citywide) (Subject to Mayor’s Veto) Sponsors:Public Works Department and Department of Transportation 1.-T.ID 23-1269 ***Bill B-27 (Intro’d August 10, 2023) (For adoption) - Amending Sections 3-610, 3-616, 7-1510, 9-234 and 9-915 of the Fresno Municipal Code, relating to human rights, including protections against discrimination based on an individual’s caste and indigeneity (Subject to Mayor’s Veto) Sponsors:Councilmember Arias, Councilmember Karbassi and Vice President Perea 1.-U.ID 23-1281 BILL - (for introduction) Adding Section 9-110 to Chapter 9 of the Fresno Municipal Code, Adding the Infectious Disease Lab Accountability and Transparency Ordinance. Sponsors:Councilmember Bredefeld, Councilmember Arias and Councilmember Esparza 1.-V.ID 23-1282 ***Resolution - To Implement a Public Transportation Agency Safety Plan (Subject to Mayor’s Veto) Sponsors:Council President Maxwell 1.-W.ID 23-1284 Approve the appointment of Rodney Branch (District 4 Resident) to the Fresno Regional Workforce Development Board for a term ending November 1, 2024. Sponsors:Council President Maxwell 1.-X.ID 23-1283 Approve a First Amendment to the Vendor Agreement with Fresno Police & Neighborhood Watch for Outreach Services to Extend the Term of the Agreement and Increase Compensation in the Amount of $100,000. Sponsors:Councilmember Esparza and Police Department CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID 23-1227 Appearance by Maria Alvarez Garcia to discuss Demand accountability for animal abuse and neglect and stop back yard Page 9 City of Fresno ***Subject to Mayoral Veto August 24, 2023City Council Meeting Agenda - Final breeders! (Resident of District 1) Sponsors:Office of the City Clerk 10:03 A.M. ID 23-1264 Appearance by Jose Velasquez to discuss Code enforcement negligence/ adjacent field to my home causing damage to my home due to fire (Resident of District 1) Sponsors:Office of the City Clerk 10:20 A.M. ID 23-1233 Hearing to consider Development Permit Application No. P22-01346 and related Environmental Assessment No. P22-01346 pertaining to ±0.69 acres of property located on the northwest corner of East McKinley and South Fine Avenues (Council District 4) - Planning & Development Department. 1.CONSIDER Environmental Assessment (EA) No. P21-01346, dated December 8, 2022, a determination that the proposed project is categorically exempt under Section 15332/Class 32 (In-Fill Development Project) of the State of California Environmental Quality Act (CEQA) Guidelines; and, 2.DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department Director to approve Development Permit Application No . P22-01346, authorizing the construction of an automated car wash facility subject to compliance with the Conditions of Approval dated December 8, 2022 . Sponsors:Planning and Development Department Page 10 City of Fresno ***Subject to Mayoral Veto August 24, 2023City Council Meeting Agenda - Final 10:25 A.M.#1 (CONTINUED TO SEPTEMBER 14, 2023, AT 10:25 A.M.) ID 23-1226 Consideration of an appeal filed regarding Vesting Tentative Tract Map No. 6366, Planned Development Permit Application No. P22-04877, and related Environmental Assessment No. T-6366/P22-04877 for approximately 7.94 acres of property located on the west side of North Bliss Avenue between East Shields and East Princeton Avenues (Council District 7). 1. ADOPT Environmental Assessment No. T-6366/P22-04877 dated July 12, 2023, an Addendum to Environmental Assessment No. P22-01202, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. 2. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Vesting Tentative Tract Map No. 6366 proposing to subdivide approximately 7.94 acres of the subject property into a 71-lot single-family residential development subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract Map No. 6366 dated August 2, 2023. 3. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Planned Development Permit Application No. P22-04877 proposing to modify the RS-5 (Single-Family Residential, Medium Density) zone district development standards to allow for a reduction in the garage setback, rear yard setback, garage to façade setback, minimum lot size, minimum lot depth, an increase in maximum lot coverage, and gated private streets subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Planned Development Permit Application No. P22-04877 dated August 2, 2023. Sponsors:Planning and Development Department Page 11 City of Fresno ***Subject to Mayoral Veto August 24, 2023City Council Meeting Agenda - Final 10:25 A.M. #2 (CONTINUED TO SEPTEMBER 14, 2023, AT 10:25 A.M.) ID 23-1252 Hearing to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources and adoption of findings necessary to support recommendation pursuant to FMC 12-1609 1. ***RESOLUTION - A Resolution of the City Council of the City of Fresno, California, designating the Dr. Earl R. Meyers Sr. & Mrs. Mattie B. Meyers Fresno Street Medical Arts Center located at 444 Fresno Street, Fresno California to the Local Register of Historic Resources (Council District 3) (Subject to Mayor’s veto). Sponsors:Planning and Development Department 3. GENERAL ADMINISTRATION 4. CITY COUNCIL 5. CLOSED SESSION 5.-A.ID 23-1267 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) HAVEN #20, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00238 Sponsors:City Attorney's Office 5.-B.ID 23-1261 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case Sponsors:City Attorney's Office Page 12 City of Fresno ***Subject to Mayoral Veto August 24, 2023City Council Meeting Agenda - Final 5.-C.ID 23-1268 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: TJ Miller Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA) Sponsors:Office of Mayor & City Manager 5.-D.ID 23-54 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Attorney 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Attorney Sponsors:Council President Maxwell 5.-E.ID 23-53 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Clerk 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Clerk Sponsors:Council President Maxwell ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS SEPTEMBER 14, 2023 10:25 A.M. – CONSIDERATION OF AN APPEAL FILED REGARDING VESTING TENTATIVE TRACT MAP NO. 6366 SEPTEMBER 14, 2023 10:25 A.M. – HEARING TO CONSIDER ADOPTION OF RESOLUTIONS RELATED TO THE DESIGNATION OF PROPERTIES TO THE LOCAL REGISTER OF HISTORIC RESOURCES UPCOMING EMPLOYEE CEREMONIES Page 13 City of Fresno ***Subject to Mayoral Veto August 24, 2023City Council Meeting Agenda - Final EMPLOYEE OF THE QUARTER - 9:00 A.M. • 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 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. November 16, 2023 - 9:00 A.M. December 7, 2023 - 9:00 A.M. December 14, 2023 - 9:00 A.M. Page 14 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1146 Agenda Date:8/24/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation for “Kapetan Brothers Day” City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 88/24/2023/24/2023 PRESENTED CITY OF FRESNO _____________________________________________ ________________________________________________ MAYOR JERRY DYER COUNCIL PRESIDENT TYLER MAXWELL _____________________________________________ ________________________________________________ VICE PRESIDENT ANNALISA PEREA COUNCILMEMBER MIKE KARBASSI _____________________________________________ ________________________________________________ COUNCILMEMBER LUIS CHAVEZ COUNCILMEMBER MIGUEL ARIAS _____________________________________________ ________________________________________________ COUNCILMEMBER NELSON ESPARZA COUNCILMEMBER GARRY BREDEFELD Office of Mayor Jerry Dyer & The Fresno City Council WHEREAS, Jon Kapetan, Peter Kapetan and Marc Kapetan were born to Marine Colonel Nick J. Kapetan and Kay Valasis. The Kapetan Brothers has served the Fresno area with passion and hard work in the legal community; and WHEREAS, Jon Kapetan was born in Memphis, Tennessee. Jon fell in love with music at a very early age. He has been the lead singer in rock bands for years along with his younger brother Marc. He and his two brothers started “The Cadillac Club,” and brought in huge world famous acts to entertain the Fresno Community. Jon went to McGeorge School of Law and obtained his bar license in 1990. He began practicing law as a Fresno County Deputy District Attorney. In 1992 Jon, Peter and Marc opened up the Kapetan Brothers Law Firm. In 2003 Jon was elected as Superior Court Judge and he sat on the bench for 20 years and retired in April 2023; and WHEREAS, Peter Kapetan was born in Fresno, California. He graduated from McGeorge School of Law with several scholastic honors. He received his bar license in 1988. He began his career at a private practice and later joined the Fresno County District Attorney’s Office as a Prosecutor. Peter then left the DA’s office and went back to private practice at Sawl, Smith & Kapetan. He then opened the Kapetan Brothers Law Firm with his brothers and has been there since 1995. He has been practicing Criminal and Personal Injury Law in Fresno County for 35 years. Throughout the years Peter has even taught law classes at Fresno City College. He has also served on several community committees including being a board member of the Lincoln Club. He has volunteered for many years and is committed to veterans by taking their cases Pro Bono. He is married to the Honorable Fresno County Superior Court Judge Kristi Culver Kapetan and they have two sons; and WHEREAS, Marc Kapetan was born in Bethesda, Maryland. He loves music and has been in rock bands most of his life. He has toured with major Rock Bands including Tesla. Marc, like Jon and Peter, is also a graduate of McGeorge School of Law. He received his bar license in 1992. He practiced criminal law at Sawl, Smith & Kapetan. Marc has appeared before judges in 30 counties throughout California. He continues to practice Criminal and Personal Injury Law with his brother Peter at the Kapetan Brothers Law Firm. He has been practicing law for over 32 years. In 2019 Marc got behind the mic at KMJ Radio and became a talk show host. You can listen to Marc on the “MARC KAPETAN SHOW,” Saturdays at noon. He is also KMJ’s Legal Analyst; and WHEREAS, Their late father Marine Colonel Nick J. Kapetan instilled upon in his sons strong family values, trustworthiness and loyalty. He told them that as brothers they should stick together to make a bigger difference for their community. They are 3 inseparable brothers who do everything together. Being of Greek descent the number 3 is a very powerful number. Ancient Greek Philosophers postulated the number 3 was considered as the perfect number, the number of harmony, wisdom and understanding. That describes the Kapetan Brothers. Their parents would be so proud. NOW, THEREFORE BE IT RESOLVED, that we, Mayor Jerry Dyer and the Fresno City Council, do hereby honor, recognize, and proclaim Thursday, August 24th, 2023, to be: “Kapetan Brothers Day” in the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the Seal of The City of Fresno, California, this 24th day of August 2023. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1265 Agenda Date:8/24/2023 Agenda #: 1.-A. REPORT TO THE CITY COUNCIL FROM:TODD STERMER, City Clerk Office of the City Clerk SUBJECT Approval of Minutes for August 10, 2023, Regular Meeting. RECOMMENDATION [If more than one recommendation pluralize] EXECUTIVE SUMMARY [Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and concise so anyone understands action being requested] BACKGROUND [Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of funding; appropriate regulation summary information] ENVIRONMENTAL FINDINGS [Include CEQA findings or state N/A] LOCAL PREFERENCE [N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why] FISCAL IMPACT [Funding source, clarify whether General Fund is or is not impacted; appropriation authority already approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding from other agencies; future obligations] Attachment: [If more than one, pluralize] City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 8/248/24/2023/2023 AP/MA 6-0 LC ABSENT APPROVED ON CONSENT 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes City Council President - Tyler Maxwell Vice President - Annalisa Perea Councilmembers: Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC 9:00 AM Council Chambers (In Person and/or Electronic) Thursday, August 10, 2023 Regular Meeting The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 9:10 A.M. ROLL CALL Councilmember Nelson Esparza Council President Tyler Maxwell Vice President Annalisa Perea Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Councilmember Garry Bredefeld Present:7 - Invocation by Venerable Bunthon Say, an abbot of Fresno Cambodian Buddhist Society Venerable Bunthon Say gave the invocation. Pledge of Allegiance to the Flag Councilmember Bredefeld led the Pledge of Allegiance. APPROVE AGENDA City Clerk Stermer announced the following changes to the agenda: Consent Calendar item 1-T (ID 23-1214) regarding contract change order City of Fresno ***Subject to Mayoral Veto Page 1 August 10, 2023City Council Meeting Minutes No. 1 to the requirements contract with ScrubCan, Inc.- an updated map was distributed as a supplement yesterday and the following needs to be read into the record: • The second sentence of the background section of the staff report is amended to read: “Attached is a vicinity map showing the limits of work to be performed under the proposed contract change order, which will include Olive Avenue from Echo to just east of Van Ness, Linden from Olive to Fern, Fern from Linden to Maroa, and Maroa from Olive to Fern, Van Ness from Floradora to Home, Fulton from Olive to Alhambra, plus the Tower Theatre parking. Consent Calendar item 1-H (ID 23-1044) regarding the first amendment to Service Agreement entered between the City of Fresno, and ACE Parking Management III, LLC - was removed from the agenda by Vice President Perea and Councilmember Arias with no return date. Consent Calendar item 1-U (ID 23-1193) regarding agreement with Fresno County Superintendent of Schools - was removed from the agenda by staff with no return date. Vice President Perea recused herself from Consent Calendar item 1-M (ID 23-1168) regarding the Woodward Park Pickleball Project and Consent Calendar item 1-N (ID 23-1174) regarding agreement for professional engineering services with Quad Knopf Inc., dba QK. ITEMS MOVED TO CONTESTED CONSENT FOR FURTHER DISCUSSION: 1-G (ID 23-1113) regarding Measure P Expanded Access to Arts and Culture - was moved to the Contested Consent by Council President Maxwell and Councilmember Arias 1-I (ID 23-952) regarding Consultant Services Agreement with Precision Civil Engineering, Inc. - was moved to the Contested Consent by Councilmember Karbassi. City of Fresno ***Subject to Mayoral Veto Page 2 August 10, 2023City Council Meeting Minutes 1-J (ID 23-1173) regarding Consultant Services Agreement with Tetra Tech BAS, Inc. - was moved to the Contested Consent by Councilmember Arias. 1-O (ID 23-1169) regarding the Mariposa Plaza Renovations - was moved to the Contested Consent by Councilmember Arias. 1-S (ID 23-1156) regarding the Final Map of Tract No. 6276 located near the Northwest corner of North Parc West Drive and North Grantland Avenue - was moved to the Contested Consent by Councilmember Karbassi. On motion of Councilmember Arias, seconded by Vice President Perea, the above Agenda was ADOPTED AS AMENDED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - CEREMONIAL PRESENTATIONS ID 23-893 Proclamation for “Dakota Eco-garden 10-year Anniversary” PRESENTED ID 23-1172 ASE Blue Seal of Excellence Recognition to the Fleet Management Division of the General Services Department. PRESENTED ID 23-1218 Proclamation for “Dale Yurong's 40th Year Anniversary” PRESENTED ID 23-1198 Proclamation “Honoring Deputy Mayor Matthew Grundy” PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Karbassi Reports and Comments: Announced the updated paving on Hayes and HWY 99. Attended the first outreach for the Senior Center. Acknowledged Code Enforcement and staff for attending to blight in District 2. Attended the funeral of ATU bus driver Mike Reynolds who posthumously received the key to the City. Congratulated the new Fire Chief Billy Alcorn. City of Fresno ***Subject to Mayoral Veto Page 3 August 10, 2023City Council Meeting Minutes Councilmember Arias Reports and Comments: Acknowledged those who helped with the opening of the new campus of west Fresno. Gave an update on Hotel California and reviewed the progress of the facility. Acknowledged the Public Works Department for the bike lanes in the Tower District. Addressed the Cannabis licenses that were terminated in District 3 and acknowledged the administration for addressing the matter and holding the cannabis licenses accountable. Discussed the recent lab operation in Reedley and announced District 3 would be making a formal request from the County of Fresno to follow up on the matter. Councilmember Bredefeld Reports and Comments: Congratulated the new Fire Chief Billy Alcorn. Addressed the recent lab operations in Reedley, California. Councilmember Esparza Reports and Comments: announced a successful 5th annual "Beat the Heat" event at Romain Park. Acknowledged the Central and Southeast Policing Districts for each taking him on a ride along. Acknowledged the Neighborhood Watch for hosting a meeting off Huntington Blvd. Discussed a meet and greet at the Park Grove Commons. Provided back to school backpacks at Fresno City College with partner organizations. Recently discussed opportunities and challenges for Fresno's workforce with Secretary Stewart Knox of the California Labor and Workforce Development Agency. Discussed upcoming community meetings regarding the Senior Activity Center. Vice President Perea Reports and Comments: Highlighted The Doves Parlour as the District 1 Business of the Month. Acknowledged District 1 team for providing a proclamation to the Valley Center for the Blind for the anniversary of the organization. Announced District 1 and District 3 joined forces to host several educational workshops regarding sidewalks vending and the implementation of the new pilot program. Discussed the hard work of city staff upgrading sidewalk infrastructure. Discussed recent backpack giveaway with partners District 7, Troy Center, Fresno Pro-Am and Quincy Pondexter. Congratulated the Fresno Health Center on the recent grand opening. Announced discussions with Secretary Stewart Knox of the California Labor and Workforce Development Agency regarding future partnerships in the City of Fresno. Announced a recent backpack giveaway City of Fresno ***Subject to Mayoral Veto Page 4 August 10, 2023City Council Meeting Minutes with Assemblywomen Soria at Inspiration Park and thanked the FPOA, Fire Department and other Departments for making the event memorable. Council President Maxwell Reports and Comments: Announced the 5th annual Impact Church "Kick It" outreach event at Cary Park. Discussed the 3rd annual District 4 "Beat the Heat" at Vinland Park sponsored by numerous community partners. Announced an upcoming community meeting to discuss the, soon to be, largest Senior Center in the central valley. Expressed gratitude to Assistant City Manager Barfield and Mayor Dyer regarding efforts to establish free Wi-Fi on FAX buses. MAYOR/MANAGER REPORTS AND COMMENTS Mayor Dyer Reports and Comments: Discussed the free Wi-Fi and other upgrades on FAX buses and acknowledged the Transportation and Information Services Departments. Discussed a recent Beautify Fresno event which collected more than 13,000 pounds of trash. Attended the West Fresno campus opening with Councilmember Arias. Acknowledged LeeAnn Eager for her 14 years with the Economic Development Corporation and her successes in Fresno. Announced the groundbreaking of a 205,000 square foot building for the Coca-cola as they move into Fresno. CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS City Clerk Stermer Reports and Comments: Announced upcoming elections for Council Districts 2, 4, 6, and Mayor. Discussed election timelines and encouraged members to attend an upcoming elections filing class to be held by the Fresno County Registrar's Office. UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: Gary Doesekle, Steve Diddy, Fernando Elizando, Armando Hernandez, David Marshall (10:25 A.M.), Selena Morales (10:10 #1), Linda Amaranao (10:10 #1), Raymond Juarez, Naindeep Singh (1-W), Sarait Martinez (1-W), Dr. Nirmal Singh (1-W), Sameerr Singh, Jaskeet Kaur (1-W), Harman Singh (1-W), Ramon Perez, Jr., Shar Thompson, Patricia Granillo, Eric Payne (1-J), Leticia Luquin (Mobile Home Park), Luis Gonzalez (4-A), BT Lewis (1-W & 10:25), Kristal Neise, Isaac Mongia, Robert McCloskey, Lisa Flores, Brandi Nuse-Villegas, and Dez Martinez. City of Fresno ***Subject to Mayoral Veto Page 5 August 10, 2023City Council Meeting Minutes 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Arias, seconded by Councilmember Karbassi, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-A.ID 23-1183 Approval of Minutes for July 20, 2023, Regular Meeting APPROVED ON CONSENT CALENDAR 1.-B.ID 23-1179 ***BILL B-24 - (Intro’d July 20, 2023) (For Adoption) to Amend Section 2-1105 of the Fresno Municipal Code, relating to Campaign Contributions - Limitations on amount and document filing methods. (Subject to Mayor’s Veto) ORDINANCE 2023-024 ADOPTED APPROVED ON CONSENT CALENDAR 1.-C.ID 23-1075 RESOLUTION - Concerning Measure C Extension Local Transportation Purposes Pass-Through Projects and Program Funds Annual Allocation for Fiscal Year 2023-2024 RESOLUTION 2023-221 ADOPTED APPROVED ON CONSENT CALENDAR 1.-D.ID 23-1199 Actions pertaining to an agreement with the Fresno Area Hispanic Foundation for the Small Business Façade Program for $1,000,000: 1.Affirm the City Manager’s determination that Fresno Area Hispanic Foundation is uniquely qualified to administer the Small Business Façade Program on behalf of the City of Fresno. 2.Approve an agreement with Fresno Area Hispanic Foundation allocating $1,000,000 for the Small Business Façade Program providing grants to underserved and minority small businesses located in Council Districts 1 and 4 in an effort to improve the façade of their brick-and-mortar business. APPROVED ON CONSENT CALENDAR 1.-E.ID 23-1195 Award a requirements contract for automotive, heavy -duty, and construction equipment batteries for the municipal fleet to Motive Energy, LLC of City of Fresno ***Subject to Mayoral Veto Page 6 August 10, 2023City Council Meeting Minutes Fresno, California, for three years with three, one -year optional extensions, for a total contract amount of $397,532, plus annual CPI adjustments APPROVED ON CONSENT CALENDAR 1.-F.ID 23-1160 Actions pertaining to the California Automated Permit Processing (CalAPP) grant. 1.Authorize the Chief Information Officer to accept $100,000 in grant funding for the CalAPP grant awarded to the City of Fresno from the California Energy Commission. 2.Authorize the Chief Information Officer to execute the Grant Agreement, extensions and all related documentation applicable to the CalAPP grant. 3.***RESOLUTION - Adopt the 2nd Amendment to the Annual Appropriation Resolution (AAR) No 2023-185 appropriating $100,000 for the CalAPP grant (Requires five affirmative votes ) (Subject to Mayor’s veto). RESOLUTION 2023-222 ADOPTED APPROVED ON CONSENT CALENDAR 1.-H.ID 23-1044 Approve First Amendment to Service Agreement entered between the City of Fresno, and ACE Parking Management III, LLC to provide revenue controls, customer service, and maintenance at the City’s portfolio of parking assets adding Tower Theater Parking Lot for an increase of $51,040.80 for a total fee of $13,230,332. The above item was removed from the agenda by Vice President Perea and Councilmember Arias with no return date. TABLED 1.-K.ID 23-1188 Approve an increase to the requirements contract with Dawson -Mauldin, LLC., for permanent asphalt concrete pavement repairs, in the amount of $960,000 for a total contract amount of $6,664,400 (Citywide). APPROVED ON CONSENT CALENDAR 1.-L.ID 23-1190 Approve the First Amendment to the consultant services agreement with Pcubed Associates Incorporated to extend the term of the contract to December 31, 2024, for the previously approved contract in the amount of $129,030, for the Forensic Investigation of Structural Components at the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3). APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 7 August 10, 2023City Council Meeting Minutes 1.-M.ID 23-1168 Actions pertaining to the Woodward Park Pickleball Project (Council District 6) 1.***RESOLUTION - 1st Amendment to the Annual Appropriation Resolution No. 2023-185 appropriating $283,500 for professional engineering services and design phase project management costs (Requires 5 Affirmative Votes)(Subject to Mayor’s Veto) 2.Approve an agreement for professional engineering services with Quad Knopf Inc., dba QK, of Fresno, California for $196,200, with a $25,000 contingency, for design and construction support services Vice President Perea recused herself from the above item. RESOLUTION 2023-225 ADOPTED APPROVED ON CONSENT CALENDAR Aye:Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 - Recused:Perea1 - 1.-N.ID 23-1174 Approve an agreement for professional engineering services with Quad Knopf Inc., dba QK, of Fresno, California for $86,930 with a $10,000 contingency, for design and construction support services for the Roeding Park Court Repurposing Project (Council District 3) Vice President Perea recused herself from the above item. APPROVED ON CONSENT CALENDAR Aye:Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 - Recused:Perea1 - 1.-P.ID 23-1165 Actions pertaining to the Fresno Street and Browning Avenue Intersection Improvements Project - Bid File 12301325 (Council District 4) 1.Adopt a finding of Categorical Exemption per staff ’s determination pursuant to Section 15301/Class 1, 15302/Class 2, and 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines 2.Award a construction contract in the amount of $816,000 to St. Francis Electric, LLC., of San Leandro, California APPROVED ON CONSENT CALENDAR 1.-Q.ID 23-1164 ***BILL B-25 - (Intro’d July 20, 2023) (For adoption) - Amending Section 4-117 to the Fresno Municipal Code relating to National Targeted Hiring in contracts for any Public Work of Improvement not covered by a Project Labor Agreement and increasing median income levels for National Economically Disadvantaged Area (Subject to Mayor’s Veto) City of Fresno ***Subject to Mayoral Veto Page 8 August 10, 2023City Council Meeting Minutes ORDINANCE 2023-025 ADOPTED APPROVED ON CONSENT CALENDAR 1.-R.ID 23-1159 RESOLUTION - Approving the Final Map of Tract No. 6350, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on North Parc West Drive west of North Grantland Avenue (Council District 1) RESOLUTION 2023-226 ADOPTED APPROVED ON CONSENT CALENDAR 1.-T.ID 23-1214 Approve Contract Change Order No. 1 to a requirements contract with ScrubCan, Inc. of Fresno, CA, for Business Corridor Litter Abatement Services in the amount of $245,856 for a one-year contract to include the Olive Avenue, Linden Avenue, Wishon Avenue, Fern Avenue and Van Ness Avenue business corridors in the Tower District, bringing the total contract value to $359,616 (Council District 1) APPROVED ON CONSENT CALENDAR 1.-U.ID 23-1193 Approve an agreement with the Fresno County Superintendent of Schools (FCSS) for the Fresno Police Department to provide a student resource officer (SRO) at the high school, Violet Heintz Educational Academy to perform regular law enforcement duties. The above item was removed from the agenda by staff with no return date. TABLED 1.-V.ID 23-1150 Approve the First Amendment to the professional consultant agreement with PCubed Associates for the FAX Maintenance Facility HVAC and Building Improvements project to provide additional design and engineering services in the amount of $99,300.00. APPROVED ON CONSENT CALENDAR 1.-W.ID 23-1220 Bill (for introduction) - Amending Sections 3-610, 3-616, 7-1510, 9-234 and 9-915 of the Fresno Municipal Code, relating to human rights, including protections against discrimination based on an individual’s caste and indigeneity Councilmember Arias motioned to include the following amendment to this item as part of the Consent Calendar approval: application of the ordinance shall be subject to the meet and confer process, as applicable; and shall be City of Fresno ***Subject to Mayoral Veto Page 9 August 10, 2023City Council Meeting Minutes subject to all City policies and all City, state, and federal laws and only apply to the extent provided for by law. The motion to include the amendment for this item as part of the Consent Calendar vote was seconded by Vice President Perea and PASSED 7-0 by unanimous vote. APPROVED ON CONSENT CALENDAR AS AMENDED CONTESTED CONSENT CALENDAR 1.-G.ID 23-1113 Actions Pertaining to Measure P Expanded Access to Arts and Culture: 1.Adopt a finding that the Cultural Arts Plan is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 2.***RESOLUTION - Adopting the City of Fresno Cultural Arts Plan as recommended by the Parks, Recreation and Arts Commission (PRAC) (Subject to Mayor’s Veto) 3.***RESOLUTION - A Resolution of the Council of the City of Fresno Adopting the 10th Amendment to the Annual Appropriation Resolution No. 2023-185 to appropriate $194,500 for Measure P Administration Costs and $9,528,100 for grants for Expanded Access to Arts and Culture. (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 4.Approve a five-year Administrative Services Agreement with the Fresno Arts Council for the Expanded Access to Arts and Culture Grant Program for a total annual fee not to exceed 2% of Measure P Expenditure Category 4, and authorize the City Manager or designee to execute all contract related documents on behalf of the City Council President Maxwell and Councilmember Arias moved this item to the Contested Consent Calendar for clarifications on the ability of Council to amend the grant process, if needed. Council President Maxwell motioned to approve this item with an amendment to allow the City Council to amend the grant guidelines in accordance with Measure "P," at any time, for the Scope of Work for deliverable number one. APPROVED AS AMENDED RESOLUTION 2023-223 ADOPTED RESOLUTION 2023-224 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 10 August 10, 2023City Council Meeting Minutes On motion of Council President Maxwell, seconded by Councilmember Arias, that the above Action Item be ADOPTED AS AMENDED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-I.ID 23-952 Actions pertaining to the Consultant Services Agreement with Precision Civil Engineering, Inc.: 1.Affirm the City Manager’s determination that Precision Civil Engineering is uniquely qualified to provide the planning and environmental services related to the Residential in Office Text Amendment. 2.Approve a consultant agreement with Precision Civil Engineering for planning and environmental services related to the Residential in Office Text Amendment in the amount of $83,200. Councilmember Karbassi moved this item to Contested Consent to clarify the scope of the item as it relates to the conversion of existing office space, vacant land zoned for office use and other mechanisms that might allow the conversion of vacant land zoned for office use. Staff clarified the scope looks at existing office space. APPROVED On motion of Councilmember Karbassi, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-J.ID 23-1173 Approve a consultant services agreement with Tetra Tech BAS, Inc ., for an amount not to exceed $363,700, to conduct a composting facility feasibility study for the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3). Councilmember Arias moved this item to Contested Consent top request the administration hold community meetings prior to moving forward with the item. Councilmember Arias motioned to continue the item to the next Council meeting. City of Fresno ***Subject to Mayoral Veto Page 11 August 10, 2023City Council Meeting Minutes CONTINUED TO AUGUST 24, 2023. On motion of Councilmember Arias, seconded by Councilmember Esparza, that the above Action Item be TABLED to the next Council meeting. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld6 - No:Karbassi1 - 1.-O.ID 23-1169 Actions pertaining to the Mariposa Plaza Renovations - Bid File No . 12302138 (Council District 3): 1.Adopt a finding of Categorical Exemption per staff ’s determination, pursuant to Section 15302/Class 2 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines 2.Award a construction contract in the amount of $2,691,094 to American Paving Co. of Fresno, California 3.Approve a service agreement in the amount of $178,633.44 with Pacific Gas and Electric Company Councilmember Arias moved this item to the Contested Consent to obtain clarification on the full scope of the project and funding sources. To avoid conflicts with the scheduling of events, he requested notice of start dates to be sent to his office and to the Downtown Partnership. APPROVED On motion of Councilmember Arias, seconded by Vice President Perea, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-S.ID 23-1156 RESOLUTION - Approving the Final Map of Tract No. 6276, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the northwest corner of North Parc West Drive and North Grantland Avenue (Council District 1) Councilmember Karbassi moved this item to Contested Consent to discuss Community Facility Districts (CFDs) and specifically CFD 18. RESOLUTION 2023-227 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 12 August 10, 2023City Council Meeting Minutes On motion of Vice President Perea, seconded by Councilmember Karbassi, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID 23-1078 Hold a public hearing and approve items related to the granting of a Non-Exclusive Roll-Off Franchise for roll-off collection services (Citywide) 1.Hearing in accordance with Fresno City Charter Section 1303 related to ordinance and adoption of ordinance 2.***BILL No. B-22 (Introduced June 29, 2023) (For adoption) of the City of Fresno, which grants to Valley Dumpster Service LLC, a non-exclusive franchise for roll -off collection services within the City of Fresno (Subject to Mayor’s veto) 3.Authorize the Director of Public Utilities to execute an agreement of Non-Exclusive Franchise for Roll -off Collection Services with the City of Fresno The above hearing was called to order at 1:36 P.M. Upon call, there was no public comment and no Council discussion. The public comment period closed at 1:36 P.M. ORDINANCE 2023-026 ADOPTED On motion of Councilmember Bredefeld, seconded by Councilmember Karbassi, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:05 A.M. #1 ID 23-1192 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 146 (Final Tract Map Number 6383) (Located on the northeast corner of North Armstrong Avenue and East Floradora Avenue) (Council District 7) 1.***RESOLUTION - to Annex Territory to Community Facilities City of Fresno ***Subject to Mayoral Veto Page 13 August 10, 2023City Council Meeting Minutes District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 146 (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 2023-2024 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 146 (Subject to Mayor’s Veto) The above hearing was called to order at 1:37 P.M. Upon call, there was no public comment and no council discussion. The public comment period closed at 1:38 P.M. RESOLUTION 2023-228 ADOPTED RESOLUTION 2023-229 ADOPTED RESOLUTION 2023-230 ADOPTED BILL B-28 INTRODUCED / ADOPTED AS ORDINANCE 2023-027 On motion of Councilmember Esparza, seconded by Vice President Perea, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:05 A.M. #2 (REMOVED FROM THE AGENDA WITH NO RETURN DATE) ID 23-1120 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 (For Introduction)(For Adoption) - Approving the repeal City of Fresno ***Subject to Mayoral Veto Page 14 August 10, 2023City Council Meeting Minutes 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) (Subject to Mayor’s Veto) 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 (For Introduction)(For Adoption) - 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). The above item was removed from the agenda by staff with no return date. TABLED 10:05 A.M. #3 ID 23-1129 Consideration of Plan Amendment and Rezone Application No . P22-04389, Development Permit Application No. P22-02376, and related Environmental Assessment No. P22-04389/P22-02376 pertaining to ±4.39 acres of property located on the east side of North Armstrong Avenue between East Clinton and East Shields Avenues (Council District 7) - Planning & Development Department. 1.ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-02376/P22-04389 , dated June 16, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA). 2.RESOLUTION - approving Plan Amendment Application No. P22- 04389, requesting authorization to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the subject property from Low Density Residential to Medium High Density Residential. 3.BILL - (For introduction and adoption) Rezone Application No. P22- 04389, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the City of Fresno ***Subject to Mayoral Veto Page 15 August 10, 2023City Council Meeting Minutes RS-1 (Residential Single-Family, Extremely Low Density) (± 4.39 acres) zone district to RM -1 (Residential Multi-Family, Medium High Density) (±4.39 acres) zone district in accordance with the Plan Amendment Application. 4.APPROVE - Development Permit Application No. P22-02376, requesting authorization to construct a 64-unit, two-story multi-family residential development including a community building, subject to compliance with the Conditions of Approval dated August 10, 2023. The above hearing was called to order at 1:38 P.M. Upon call, there was no public comment and no Council discussion. The public comment period closed at 1:39 P.M. RESOLUTION 2023-231 ADOPTED BILL B-29 INTRODUCED / ADOPTED AS ORDINANCE 2023-028 On motion of Councilmember Esparza, seconded by Vice President Perea, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:10 A.M. #1 ID 23-1121 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 City of Fresno ***Subject to Mayoral Veto Page 16 August 10, 2023City Council Meeting Minutes 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. The above hearing was called to order at 1:39 P.M. Upon call, the following member of the public addressed Council: Linda Amaranao (spoke in support). The public comment period closed at 1:40 P.M. RESOLUTION 2023-232 ADOPTED BILL B-30 INTRODUCED / ADOPTED AS ORDINANCE 2023-029 On motion of Councilmember Karbassi, seconded by Councilmember Bredefeld, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:10 A.M. #2 ID 23-1162 HEARING to consider the vacation of a portion of North Hayes Avenue, south of West Bullard Avenue (Council District 2): 1.***RESOLUTION - Ordering the vacation a portion of North Hayes Avenue, south of West Bullard Avenue (Subject to Mayor’s Veto) The above hearing was called to order at 1:42 P.M. Upon call, there was no public comment and no council discussion. The public comment period closed at 1:43 P.M. RESOLUTION 2023-233 ADOPTED On motion of Councilmember Karbassi, seconded by Councilmember Bredefeld, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:15 A.M. City of Fresno ***Subject to Mayoral Veto Page 17 August 10, 2023City Council Meeting Minutes ID 23-1030 HEARING - Consideration of an appeal of the City Manager’s decision to approve the change of location for retail Commercial Cannabis Business Permit No. C-20-88 (Council District 5) The above hearing was called to order at 2:09 P.M. and was introduced to Council by Councilmember Chavez and was followed by a presentation from the applicant. Upon call, there was no public comment. The public comment period was closed at 2:40 P.M. Council discussion on this item included: outreach conducted by the applicant including to the fairgrounds, administrative staff of Roosevelt High School and the substance abuse facility but not to the foster youth mental heath treatment facility; the details behind the "non-compliance" sale in a Colorado facility owned by one of the three co-applicants and the changes made following the incident; the foot traffic generated by families and unaccompanied minors walking to the fairgrounds. Councilmember Arias noted, for the record, he was not confident the applicants could successfully operate at the current proposed location without putting minors at undue risk based on (i) the applicants not being able to determine the initial location was across from a high school under construction, (ii) a citation was issued for a minor being allowed to enter a Colorado cannabis facility owned by one of the applicants and, (iii) the fact that the current location was in a corridor in which many unaccompanied minors walk for the fairgrounds, bus rapid transit and nearby schools. Following the discussion, Councilmember Chavez dropped his appeal and noted he would reserved his right to lodge an appeal during the Conditional Use Permit process. APPEAL DROPPED - NO ACTION TAKEN Councilmember Chavez dropped his appeal of the City Manager's approval of the location change for retail Commercial cannabis Business Permit No. C-20-88. Councilmember Chavez noted he would reserved his right to lodge an appeal during the Conditional Use Permit process. 10:20 A.M. (CONTINUED TO AUGUST 24, 2023 10:20 A.M.) City of Fresno ***Subject to Mayoral Veto Page 18 August 10, 2023City Council Meeting Minutes ID 23-1131 Hearing to Consider Development Permit Application No. P22-01346 and related Environmental Assessment No. P22-01346 pertaining to ±0.69 acres of property located on the northwest corner of East McKinley and South Fine Avenues (Council District 4) - Planning & Development Department. 1.CONSIDER Environmental Assessment (EA) No. P21-01346, dated December 8, 2022, a determination that the proposed project is categorically exempt under Section 15332/Class 32 (In-Fill Development Project) of the State of California Environmental Quality Act (CEQA) Guidelines; and, 2.DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department Director to approve Development Permit Application No. P22-01346, authorizing the construction of an automated car wash facility subject to compliance with the Conditions of Approval dated December 8, 2022 . The above item was removed from the agenda by staff and tabled to August 24, 2023, at 10:20 A.M. TABLED 10:25 A.M. ID 23-1161 Hearing to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources and adoption of findings necessary to support recommendation pursuant to FMC 12-1609 1.***RESOLUTION - A Resolution of the City Council of the City of Fresno, California, designating the Dr. Earl R. Meyers Sr. & Mrs . Mattie B. Meyers Fresno Street Medical Arts Center located at 444 Fresno Street, Fresno California to the Local Register of Historic Resources (Council District 3) (Subject to Mayor’s veto). The above hearing was called to order at 2:40 P.M. and introduced to Council by Proponent David Marshall. There was no staff presentation. Public comment was not held as the item was tabled. Discussion on this item included the plans to renovate the building and current ownership. Councilmember Arias motioned the item be delayed until the next Council City of Fresno ***Subject to Mayoral Veto Page 19 August 10, 2023City Council Meeting Minutes meeting in order to allow time for legal ownership of the building to be properly established. TABLED TO AUGUST 24, 2023 On motion of Councilmember Arias, seconded by Vice President Perea, that the above Action Item be TABLED to the next Council meeting. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 3. GENERAL ADMINISTRATION 4. CITY COUNCIL 4.-A.ID 23-1216 Approve a Memorandum of Understanding between the City of Fresno and the California State Office of the Attorney General (OAG) to develop a Cannabis Administrative Prosecutor Program (CAPP). The above item was introduced to Council by City Attorney Janz and Department of Justice Justin Buller. Upon call, the following member of the public addressed Council: Rita Tsalyuk. Council discussion on this item included: cross support for illicit sales in smoke shops; staffing capacity to support the program without impacting current code enforcement activities, plans for cost recovery, how to handle pop-up vendors that operate for a limited time and advertise through social media. APPROVED On motion of Councilmember Esparza, seconded by Vice President Perea, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 5. CLOSED SESSION During open session, Councilmember Bredefeld and Councilmember Chavez each announced they would be recused from Closed Session item 5-G (ID 23-1217). City Attorney Janz announced the items that would be City of Fresno ***Subject to Mayoral Veto Page 20 August 10, 2023City Council Meeting Minutes discussed in closed session. Council entered closed session at 11:34 A.M. and again at 3:25 P.M. 5.-A.ID 23-1177 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) TAT Fresno, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00234 The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-B.ID 23-1178 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) HAVEN #20, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00238 The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-C.ID 23-1152 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case name: 1 Community Compact v. City of Fresno, Fresno Superior Court Case No. 23CECG02740 The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-D.ID 23-1200 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Ellen Nelson v. City of Fresno, et al.; Fresno Superior Court Case No .: 21CECG02750 City of Fresno ***Subject to Mayoral Veto Page 21 August 10, 2023City Council Meeting Minutes The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-E.ID 23-1204 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): 1 potential case The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-F.ID 23-1207 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-G.ID 23-1217 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. Councilmember Bredefeld and Councilmember Chavez were recused from this item and were not present during the discussion. There were no open session announcements regarding this item. DISCUSSED 5.-H.ID 23-1223 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-I.ID 23-1182 CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - City of Fresno ***Subject to Mayoral Veto Page 22 August 10, 2023City Council Meeting Minutes Government Code Section 54957(a): Discuss security of City Hall. The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED ADJOURNMENT Adjourned from closed session at 4:04 P.M. City of Fresno ***Subject to Mayoral Veto Page 23 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1203 Agenda Date:8/24/2023 Agenda #: 1.-B. REPORT TO THE CITY COUNCIL FROM:RANDALL W. MORRISON, PE, Director Capital Projects Department BY:JESUS AVITIA, PE, Assistant Director Capital Projects Department, Transportation Project Management Division CASSIE L. SCHOLZ, PE, Licensed Professional Engineer Capital Projects Department, Transportation Project Management Division SUBJECT Actions pertaining to the Fanning No. 76 Undergrounding Project (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Section 15302/Class 2 of the California Environmental Quality Act Guidelines 2. Approve a Joint Project Agreement with the Fresno Irrigation District to provide for cost sharing on pipeline construction, for an estimated City contribution in the amount of $225,543.75 RECOMMENDATIONS Staff recommends that the City Council (1) Adopt a finding of Categorical Exemption pursuant to Section 15302/Class 2 of the California Environmental Quality Act (CEQA) Guidelines, (2) Approve a Joint Project Agreement with the Fresno Irrigation District (District), to provide for cost sharing on pipeline construction, for an estimated City contribution in the amount of $225,543.75 and authorize the Public Works Director, or designee, to execute the agreement, conduct negotiations, execute, submit and sign all documents including but not limited to amendments, payment requests, and other documents which may be necessary for the completion of the proposed project on behalf of the City of Fresno. EXECUTIVE SUMMARY Through design coordination with the District for the Southwest Fresno Trail Project, the City and District have determined that converting the open channel portion of the Fanning No. 76 ditch between Fruit Avenue and Thorne Avenue to an underground pipeline would be mutually beneficial for it will allow the City to relocate the proposed trail to within the District’s property. As a shared project between the District and the City, a Joint Project Agreement between the two agencies is required. Funding for the City’s share of the joint project cost will be from Measure P Safe Walking and Biking Trails funding budgeted for the project. City of Fresno Printed on 8/28/2023Page 1 of 2 powered by Legistar™ 8/8/24/202324/2023 AP/MA 6-06-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-1203 Agenda Date:8/24/2023 Agenda #: 1.-B. BACKGROUND The City is implementing the Southwest Fresno Trail Project,which will construct a Class I Trail along the Fanning No.76 alignment,from West Avenue to Thorne Avenue,plant trees,install trail lighting, and street lighting.The Agreement for Professional Engineering Services was awarded to Sherwood Design Engineers Inc.,on December 9,2021,and design is in the final stages.After extended acquisition negotiations,and project coordination with the District,it was determined that converting the open channel portion of the Fanning No.76 between Fruit Avenue and Thorne Avenue to an underground pipeline would be mutually beneficial to the District and the City.As a shared project between the District and the City,a Joint Project Agreement between the two agencies is required. Staff has developed a Joint Project Agreement with the District for converting the Fanning No.76 between Fruit Avenue and Thorne Avenue to an underground pipeline.The City of Fresno is preparing the plans for construction and the District is scheduled to bid the project in August 2023, with construction intended to start in Fall of 2023.Staff is recommending that the City Council approve the attached Joint Project Agreement with the District and authorize the Public Works Director,or designee,to execute the agreement,conduct negotiations,execute,submit and sign all documents including but not limited to amendments,payment requests,and other documents which may be necessary for the completion of the proposed project on behalf of the City of Fresno. The City Attorney’s Office has reviewed and approved the proposed agreement as to form. ENVIRONMENTAL FINDINGS Staff has determined this project to be Categorically Exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15302,for replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. LOCAL PREFERENCE Local preference was not implemented because this item does not involve the bid or award of construction or services contract. FISCAL IMPACT There are no impacts to the General Fund,the City’s estimated contribution of $225,543.75 is fully funded by Measure P Safe Walking and Biking Trails funding that is budgeted within the Public Works Capital budget for the Southwest Fresno Trail Project. The project is located within Council District 3. Attachment(s): Categorical Exemption Joint Project Agreement Vicinity Map City of Fresno Printed on 8/28/2023Page 2 of 2 powered by Legistar™ CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Capital Projects Department City of Fresno 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: South of California Avenue, between Fruit Avenue and Thorne Avenue PROJECT DESCRIPTION: The project will replace a segment of the Fanning No. 76 canal with a 36-inch diameter underground pipeline. This project is exempt under Section 15302/Class 2 of the State of California Environmental Quality Act (CEQA) Guidelines as follows: Section 15302/Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Through ongoing coordination with the Fresno Irrigation District, it was determined that a project to convert the open channel portion of the Fanning Ditch between Fruit Avenue and Thorne Avenue to an underground pipeline would be mutually beneficial to the District and the City. The project efforts will be shared between the District and the City under a Joint Project Agreement. The proposed project consists of the replacement of a segment of the Fanning No. 76 canal with a 36-inch diameter underground pipeline. This is the last remaining 0.2-mile open channel segment of the nearly 2.5 miles of Fanning No. 76, between the pipeline’s starting point at State Route 180 and Thorne Avenue, and the City limits at West Avenue and Florence Avenue. The proposed 36-inch diameter pipeline will match the size of the existing pipeline at the beginning and terminus of the channel and will not provide any expansion of the existing channel capacity, or the existing pipeline capacity. Due to the fact that the proposed replacement of the existing channel will not result in any expansion of capacity, the replacement or reconstruction of existing utility systems and/or facilities meet the requirements for a Class 2 Categorical Exemption pursuant to Section 15302 of the CEQA Guidelines. Further, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. The project site consists of 0.2 miles of the Fanning No. 76 open channel, located south of California Avenue, between Fruit Avenue and Thorne Avenue. The small site is surrounded by urban development, and there are no wetlands, streams, aquatic or riparian habitat, scenic vistas, or other environmentally sensitive resources on the project site. Accordingly, the project site is not located in an environmentally sensitive area. Thus, based on staff analysis, it was determined that no adverse environmental impacts would occur as a result of the proposed project. Therefore, a categorical exemption, as noted above, has been prepared for the project. Date: August 9, 2023 Prepared By: Cassie L. Scholz, PE 80,684 Submitted by: Cassie L. Scholz Professional Engineer City of Fresno Capital Projects Department (559) 621-8720 1 JOINT PROJECT AGREEMENT This Joint Project Agreement is made and entered into August _____, 2023, by and between the CITY OF FRESNO, a municipal corporation and public entity, (City) and the FRESNO IRRIGATION DISTRICT, an irrigation district formed and operating pursuant to Division Eleven (11) of the California Water Code, and a public entity, (District), to define the responsibilities and obligations of the aforementioned Parties for the placement of an irrigation pipeline to replace the Fanning Ditch Canal. RECITALS WHEREAS, the segment of the Fanning Ditch Canal, specifically between West California Avenue and South Fruit Avenue (hereinafter the Project Limits) is located within a parcel owned by the District per Document No. 33906, in Vol. 1872, Pg. 373, recorded November 15, 1940, Official Records Fresno County (District Property) and adjacent to Public Street Right-of-Way owned by the City; and WHEREAS, the City has a funded capital improvement project to construct a Class I multipurpose trail from West California Avenue to South West Avenue adjacent to or atop the Fanning Ditch Canal alignment (hereinafter the Trail Project). The portion within the Project Limits was proposed along the South side of the District Property and would necessitate the vacation of the City’s Public Street Right-of-Way; and WHEREAS, the City and the District recognize the benefits of a joint-funded project to underground the existing open canal segment and to relocate the proposed trail to within the District’s Property by way of a Common Use Agreement between the City and District; and WHEREAS, the contemplated improvements generally consist of removing the existing open canal infrastructure and placing a new thirty-six inch (36”) rubber gasket reinforced concrete pipe and the necessary appurtenances within the Project Limits (hereinafter the Project); and 2 WHEREAS, the City and the District, while maintaining their respective rights and facilities, recognize it will be to their mutual benefit to complete the Project as a cooperative endeavor; and WHEREAS, the Project will be primarily funded through local funding sources; and WHEREAS, the City and the District will each contribute the resources, financial or otherwise, necessary to fully fund construction of the Project on a Fifty Percent (50%) City and Fifty Percent (50%) District basis; and WHEREAS, the parties intend, by entering into this Agreement, to establish the terms and conditions of their cooperative approach regarding the completion of this Project. AGREEMENT NOW, THEREFORE, in consideration of the mutual acknowledgments, covenants, and conditions herein contained, it is hereby agreed as follows: 1. The Project shall be performed and administered by the District or its agents thereof and shall be constructed under a single construction contract and separate from the City’s Trail Project. 2. Upon completion of the Project, each Party’s jurisdictional and maintenance responsibilities shall remain unchanged from those which existed prior to completion of the Project except as modified by a separate Common Use Agreement entered into between City and District. 3. At its expense, the City shall, either with City staff or by contracting with a consultant, provide Project Engineering in accordance with the requirements of the funding agencies and all federal, state, and local laws, including: a. Oversight of any consultant(s) employed by the City for the design of the Project. b. Preparation and administration of permits necessary for the construction of the improvements. 3 c. Providing Design Engineering services; including preparation of plans necessary for the bidding and construction of the Project. 4.The City shall provide plans to District, for District’s review and approval, for the work to be performed with Project. 5. The District shall provide specifications, engineer’s estimate, and Construction Engineering, including general administration of the construction contract, administering California Environmental Quality Act (CEQA) compliance, and furnishing all necessary field engineering, inspection, and testing for the performance of the construction work. The City may, at its option, inspect the construction contractor’s work; provided, however, that any costs incurred by the City for any such inspection will be borne entirely by the City, and those costs will not be included as part of the Project costs upon which the percentage allocation of cost-sharing hereunder is determined, nor will such inspection costs be reimbursable through project funding sources. 6. The District and the City shall each be responsible for the actual construction costs of the Project on a Fifty Percent (50%) City and Fifty Percent (50%) District cost share basis and as identified in the Preliminary Engineer’s Estimate attached as Exhibit A hereto. The estimated cost for the District is $225,543.75 and the estimated cost for the City is $225,543.75. 7. Any addenda or revisions to the Project’s approved construction documents for improvements resulting in an increase in bid item quantity or cost of any bid item by more than ten percent (10%), shall be approved in writing by the City’s Director of Public Works, or designee, and District’s District Engineer, or designee. 8. The City’s share of cost as shown in the Preliminary Engineer’s Estimate in Exhibit A shall not be increased by more than ten percent (10%) (except for adjustments made to account for actual quantities used in the construction of the Project), unless otherwise approved in writing by the City’s Public Works Director, or designee. 9. If the lowest responsible bid for the Project’s construction contract does not exceed the engineer’s estimate, including contingency, as shown on the current version of 4 Exhibit A, by more than ten percent (10%), the District shall award construction of the Project to that bidder. If the lowest responsible bid for the Project’s construction contract exceeds the engineer’s estimate, including contingency, as shown on the current version of Exhibit A, by more than ten percent (10%), then District will not award the construction contract, unless mutually agreed upon in writing by the City’s Director of Public Works and the District’s District Engineer, or designee. 10. If the lowest responsible bidder’s proposal is more than ten percent (10%) above the engineer’s estimate, including contingency, and award of the project is mutually agreed upon in accordance with Sections 9 and 10 of this Agreement, the City’s share of cost will be adjusted to reflect the increased cost. However, the City’s share of cost shall not exceed the share of cost percentage specified in this Agreement unless mutually agreed upon in writing by the City’s and the District’s District Engineer, or designee. 11. Within forty-five (45) days after award of the Project’s construction contract by the District, the City shall deposit with the District an amount equal to ninety percent (90%) of the District’s estimated share of cost as shown on Exhibit A of this Agreement. 12. Final project costs and the City’s share thereof will not be determined until construction is completed and the Project is accepted by both the City and the District and closed out in accordance with each agency’s policies. 13. Following final acceptance of the Project by the City and the District, and within forty-five (45) days of the City’s receipt of an invoice from the District requesting the City’s payment of the remaining balance of the City’s share of costs as adjusted (if necessary), in accordance with actual costs and the terms of this Agreement, the City shall deliver payment in full of such remaining balance to the District. 14. City agrees to indemnify, save, hold harmless, and at District’s request, defend District, its officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, by City, its officers, agents and employees, under this Agreement; provided, that nothing herein shall constitute 5 a waiver by City of governmental immunity that may be available as a defense to any such third-party claim(s) under or pursuant to Government Code Section 810 et seq. This section shall survive expiration or termination of this Agreement. 15. District agrees to indemnify, save, hold harmless, and at City’s request, defend City, its officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, by District, its officers, agents and employees, under this Agreement; provided, that nothing herein shall constitute a waiver by District of governmental immunity that may be available as a defense to any such third-party claim(s) under or pursuant to Government Code Section 810 et seq. This section shall survive expiration or termination of this Agreement. If District should subcontract any portion of the work to be performed under this agreement, District shall require each subcontractor to indemnify, hold harmless and defend the City of Fresno, its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. 16. Without limiting the applicability or scope of the indemnification provisions contained in Sections 14 and 15, the District and the City shall maintain, at their sole expense, insurance policies or self-insurance programs including, but not limited to, an insurance pooling arrangement and/or Joint Powers Agreement sufficient to fund their respective liabilities hereunder throughout the term of this Agreement. Coverage shall be provided for comprehensive general liability, automobile liability, professional liability, and workers’ compensation. If the District should subcontract any portion of the work to be performed, the District shall require each subcontractor to add the City of Fresno, its officers, officials, employees, agents and volunteers as an Additional Insured under the General and Auto Liability policies. The General Liability and Auto Liability policies shall be endorsed so the coverage is Primary to the City of Fresno’s insurance, and will not require contribution. The Worker’s Compensation policy shall contain a Waiver of Subrogation in favor of the City of Fresno, its officers, officials, employees, agents and volunteers. 6 17. Neither Party shall assign, transfer, or sub-contract this Agreement, nor any of its respective rights or duties hereunder without the written consent of the other Party. 18. This Agreement shall become effective immediately upon execution and shall expire on December 31, 2025; provided, however, that its term may be extended by a maximum of two additional one-year terms, upon mutual written consent of the City’s Director of Public Works and the District’s District Engineer. This Agreement may be executed in one or more counterparts, each of which when executed will be deemed to constitute one and the same instrument and agreement. 19. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision of this Agreement shall not affect the other provisions. 20. This Agreement may be modified only by written instrument executed by duly authorized representatives of both the City and the District. 21. Neither Party shall assign, transfer, or subcontract this Agreement, nor any of its respective rights or duties without the written consent of the other Party. 22. 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. 23. Each Party acknowledges that it has read and fully understands the contents of this Agreement and represents that this constitutes the entire Agreement between the City and the District with respect to the subject matter contained herein and that this Agreement supersedes all prior negotiations, representations, or agreements, either written or oral. Item No. Bid Item Quntity Unit Unit Price Cost 1 Mob and Demob 1 LS $10,000.00 $10,000.00 2 Clearing and Grubbing 1 LS $2,000.00 $2,000.00 3 DCP 1 LS $5,000.00 $5,000.00 4 Demo 1 LS $15,000.00 $15,000.00 5 Pipe Installation 950 LF $250.00 $237,500.00 6 Surge Chamber 2 LS $25,000.00 $50,000.00 7 Field Bends 3 LS $5,000.00 $15,000.00 8 MacWrap 120 P $125.00 $15,000.00 9 Traffic Control 1 LS $10,000.00 $10,000.00 10 Permitting 1 LS $5,000.00 $5,000.00 11 Vents 5 LS $1,500.00 $7,500.00 12 Trace Wire 950 LS $5.00 $4,750.00 13 F08 Christy Box 2 LS $250.00 $500.00 14 Compaction Testing 1 LS $10,000.00 $10,000.00 15 Survey Staking 1 LS $5,000.00 $5,000.00 Subtotal $392,250.00 15% Contigency $58,837.50 Total $451,087.50 COF (50%)$225,543.75 Preliminary Cost Estimate - Fanning No. 76 *City of Fresno and FID to handle each owns inspection costs **City of Fresno to handle Design costs and FID to handle Import costs 0 1.5 30.75 Miles DEPARTMENT OFPUBLIC WORKS VICINITY MAP City Limits FANNING NO. 76 PROJECTPROJECT ID: PW00849 Council District 3N Fanning No. 76 Project City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1196 Agenda Date:8/24/2023 Agenda #: 1.-C. REPORT TO THE CITY COUNCIL FROM:BRIAN BARR, Director General Services Department BY:DUANE MYERS, Fleet Manager General Services Department, Fleet Management Division SUBJECT Approve the award of a Requirements Contract for retreading of commercial truck tires to Delray Tire and Retreading of Fresno, California for two years with three one-year optional extensions in the amount of $381,551.00, plus annual CPI adjustments. (Bid File 9659) RECOMMENDATION Staff recommends Council approve the award of a Requirements Contract for retreading of commercial truck tires to Delray Tire and Retreading of Fresno, California for two years with three one-year optional extensions in the amount of $381,551.00, plus annual CPI adjustments. EXECUTIVE SUMMARY On March 9, 2023, Council awarded a Requirements Contract to The Goodyear Tire & Rubber Company for the retreading of commercial truck tires. However, The Goodyear Tire & Rubber Company would not agree to various requirements of the contract (i.e., insurance requirements), has declined the award, and has withdrawn their bid. Therefore, the General Services Department is seeking Council approval of the next lowest responsive and responsible bidder to fulfill these requirements. The General Services Department, Fleet Management Division, maintains the City of Fresno municipal fleet of approximately 2,500 vehicles and equipment. This contract will supply retreaded commercial truck tires as needed for the next two years with the possibility for three one-year extensions. Retreading commercial truck tires are used tires for medium and heavy-duty vehicles which receive a new tread. The worn tread is buffed away, and a new tread is bonded to the casing similar to how a new tire is manufactured. Retread tires are the preferred method to replacing worn tires as they are safe, reliable, and cost less than new tires. Last year, the Fleet Management Division purchased over 1,000 retread tires, ranging from $185 to $240 each. Whereas new tires range in cost from $600 to $700 each. BACKGROUND City of Fresno Printed on 8/28/2023Page 1 of 3 powered by Legistar™ 8/24/2023 GB/MA 6-0 MK ABSENT File #:ID 23-1196 Agenda Date:8/24/2023 Agenda #: 1.-C. The General Services Department,Fleet Management Division is responsible for purchasing and maintaining tires for the City’s fleet of vehicles.A combination of new and retread commercial tires are utilized for maintenance and repair. Retread commercial truck tires are used tires (i.e.,casings)for medium and heavy-duty vehicles which receive a new tread.The casings are first inspected to ensure they are in suitable condition, then worn tread is buffed away.A new tread is bonded to the casing in a manner similar to how a new tire is made.Tire retreading practices have improved to the point where retread tires perform similar to new tires.Retread tires are the preferred method to replacing worn tires as they are safe,reliable, and cost less than new tires.Moreover,Federal Executive Order 13149 mandates the use of retreads on government vehicles whenever possible. Last year,the Fleet Management Division purchased over 1,000 retread tires,ranging from $185 to $240 each.Whereas new tires range in cost from $600 to $700 each.Establishing a competitively bid multi-year contract for the retread tires will keep prices stable and allow for consistent budgeting for the term of the contract. Competitive bids were solicited for retreading of commercial truck tires on July 18,2022;three bids were received on August 9,2022.On March 9,2023 Council awarded the contract to The Goodyear Tire &Rubber Co.However,The Goodyear Tire &Rubber Co.would not agree to various requirements of the contract (i.e.,insurance requirements),has declined the award,and has withdrawn their bid.Delray Tire and Retreading has now been determined to be the lowest responsive and responsible bidder with a bid price of $331,551.The General Services Department is recommending a $50,000 contingency be included in the award to account for the expected growth in the municipal fleet and account for annual variations in tire replacements.Therefore,the General Services Department recommends a total annual award value of $381,551.The Purchasing Division has approved this contract and recommends Council approve.Bids will expire on September 8, 2023. The City Attorney has approved the contract as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, the award of this contract does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference is applicable to this award and Delray Tire and Retreading is a local business pursuant to FMC 4-108;however,local preference was not implemented because the lowest responsive bidder is a local business. FISCAL IMPACT No general funds will be used to purchase these items.The funding to cover the annual purchase cost of retreading of commercial truck tires has been included in the FY2024 adopted budget under City of Fresno Printed on 8/28/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1196 Agenda Date:8/24/2023 Agenda #: 1.-C. the operations of the General Services Department, Fleet Management Division. Attachments: Bid Evaluation City of Fresno Printed on 8/28/2023Page 3 of 3 powered by Legistar™ THE EXECUTIVE SUMMARY WAS AMENDED ON STAFF REPORT TO INCLUDE FROM ONE AIRCRAFT HANGER TO THREE AIRCRAFT HANGERS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1224 Agenda Date:8/24/2023 Agenda #: 1.-D. EPORT TO THE CITY COUNCIL FROM:BRIAN BARR, Director General Services Department BY:JORDAN CONARD, Property Specialist I General Services Department SUBJECT Actions pertaining to a Lease Agreement between the City of Fresno and Signature Flight Support LLC, a Delaware limited liability company, for the continued lease of office/hangar space for the Police Department’s Air Support Unit located at 4941 E Andersen, at the Fresno Yosemite International Airport 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines 2. Approve a three-and-a-half-year lease agreement between the City of Fresno and Signature Flight Support LLC, a Delaware limited liability company in the amount of $44,604 annually, with annual increases by the greater of 3.5% or the CPI Adjustment, plus the proportionate CAM (Common Area Maintenance) charges at $2,220 annually RECOMMENDATION Staff recommends Council adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301/Class 1 (Existing Facilities) of the CEQA Guidelines. Staff also recommends the approval of a three-and-a-half-year lease agreement between the City of Fresno and Signature Flight Support LLC, a Delaware limited liability company. The lease agreement is for office/hangar space at 4941 E Andersen, at the Fresno Yosemite International Airport. The lease amount is $44,604 annually, the rate will increase based on the greater of 3.5% or the CPI Adjustment, plus the proportionate CAM charges at $2,220 annually. EXECUTIVE SUMMARY Since 1996, the Police Department’s Air Support Unit (Skywatch) has leased one aircraft hangar operated by Signature Flight Support LLC located at the Fresno Yosemite International Airport. The hangar space and adjoining office are necessary for the Air Support Unit’s operations and to store the Department’s two helicopters. The General Services Department and Police Department have negotiated a three-and-a-half-year lease with Signature Flight Support LLC for 6,195 square feet of office/hangar space. The term of the proposed lease will end on June 30, 2026. The proposed negotiated lease rate in the first year is $2,262 for 5,295 square feet of hangar space and $1,455 for City of Fresno Printed on 8/28/2023Page 1 of 3 powered by Legistar™ 88/24/2023/24/2023 AP/MA 6-0 6-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-1224 Agenda Date:8/24/2023 Agenda #: 1.-D. negotiated lease rate in the first year is $2,262 for 5,295 square feet of hangar space and $1,455 for 900 square feet of office space ($3,717 per month). The rate will increase based on the greater of 3.5% or the CPI Adjustment. In addition to the monthly rent due, the City will also pay the proportionate CAM charges at $2,220 annually. A non-appropriation clause is included in the lease agreement should the City desire to cancel the lease. BACKGROUND The Police Department’s Air Support Unit (Skywatch) provides the City with aerial support to the Field Operations Division of the Police Department. Limited air support is provided to other units, departments, and agencies as needed within the greater Fresno area. By utilizing the Skywatch team police officers can reduce the speed of ground units, distance themselves from pursued vehicles, and reduce the potential for hazards arising from high-speed pursuits. With an average response time of 39 seconds, the Skywatch team continues to play a major role in reducing the Police Department’s overall response time to emergency calls. The Police Department currently has 8 full-time staff positions and two helicopters in this division. The staff has identified that the office/hangar space at 4941 E Andersen continues to meet the needs of the Air Support Unit. This office/hangar space has been occupied by the Police Department since 1996. The Police Department’s Air Support Unit’s (Skywatch) lease ended on December 31, 2022, and is seeking to renew the lease that provides 6,195 square feet of office/hangar space with an effective term of January 1, 2023, through June 30, 2026. The proposed negotiated lease rate is $2,262 for 5,295 square feet of hangar space and $1,455 for 900 square feet of office space ($3,717 per month). The rate will increase based on the greater of 3.5% or the CPI Adjustment. In addition to the monthly rent due, the City will also pay the proportionate CAM (Common Area Maintenance) charges at $2,220 annually. The lease agreement has been reviewed and approved by the City Attorney’s Office as to form. ENVIRONMENTAL FINDINGS Staff has performed preliminary environmental assessments of this project and has determined this project is exempt under Section 15301/Class 1 (Existing Facilities) of CEQA Guidelines as it involves no alteration of existing facilities, with no expansion of use. Furthermore, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines, Section 15300.2, apply to this project. LOCAL PREFERENCE Local preference is not applicable to this type of agreement. FISCAL IMPACT City of Fresno Printed on 8/28/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1224 Agenda Date:8/24/2023 Agenda #: 1.-D. The lease payments for this space have been appropriated in the General Fund for FY2024 under the Police Department.Funding for future years will be included in the appropriate fiscal year’s budget subject to Council approval. Attachment: Lease Agreement LLC Certificate City of Fresno Printed on 8/28/2023Page 3 of 3 powered by Legistar™ Space Permit REV 07-2023 Page 1 of 19 Permittee Initials: ____ Signature Initials: ____ SPACE PERMIT “Effective Date”: 1/1/2023 “Signature”: Signature Flight Support LLC, a Delaware limited liability company: “Permittee”: City of Fresno (Fresno Police Dept. – Skywatch), “Master Lease”: Signature and McDonald Aviation, LLC (“Authority’) entered into a lease (“Master Lease”) dated December 1, 2004, for certain land and operating rights at the Fresno-Yosemite International Airport in Fresno, California (“Airport”) and McDonald has engaged Signature to maintain, operate and manage a fixed based operation pursuant to the Master Lease, all as more particularly described in the Master Lease, as amended form time to time “Base Rent”: The monthly Base Rent shall be: Building Name Space Type (Hangar/T-Hangar) (Office/Shop/Ramp) Rentable Square Feet Suite Number Monthly Base Rent X-04, X-05, X-06 Hangar 5,295 $2,262 X Office Office 900 $1455 Total Base Rent $3717 Additional Monthly “CAM Charge”1 $185 TOTAL MONTHLY RENT2 $3,902 1 Charge is based on Permittee’s proportionate share of actual reimbursable expenses from immediately preceding year and is subject to annual adjustment. 2 Subject to Supplemental Rent that may be due pursuant to Section 4. “Space”: Permittee shall, during the Term hereof, have access to and use of certain portions of the Base (collectively listed above), as follows, collectively: “Hangar Space” (listed above) means the non-dedicated, non-exclusive use of hangar deck space in the Hangar listed above for the purpose of storing the “Aircraft” (defined below). “Office Space” (listed above) means the exclusive use of the area listed above. “Shop Space” (listed above) means the exclusive use of the area listed above. “Ramp Space” (listed above) means non-dedicated, non-exclusive use of area listed above for the purpose of storing the Aircraft. DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 2 of 19 Permittee Initials: ____ Signature Initials: ____ “Aircraft”: The following described aircraft, which is/are directly owned, leased, managed, operated or otherwise in the care, custody and control of Permittee (the “Aircraft”): Aircraft Make Aircraft Model Tail Number Serial Number (1)Eurocopter EC120 N514JD (2)Eurocopter EC120 N524MW (3) (4) (5) (6) “Term”: This Space Permit (“Permit”) shall be for an initial term, commencing upon the earlier of the Effective Date (“Effective Date”) or the date on which Permittee actually took occupancy of the Space and expiring 6/30/2026 (“Term”). “Security Deposit”: On-File Addresses for Notices: If to Signature: Signature Flight Support LLC Attention: General Counsel 13485 Veterans Way, Suite 600 Orlando, Florida 32827 Email: legalnotices@signatureaviation.com With a copy to: Signature Flight Support LLC Attention: Manager, Contracts 13485 Veterans Way, Suite 600 Orlando, Florida 32827 Email: legalnotices@signatureaviation.com And Signature Flight Support LLC Attention: Selwyn Hunt 3050 N Winery Ave Fresno, CA 93703 Email: Selwyn.Hunt@signatureflight.com If to Permittee: City of Fresno 2600 Fresno St Fresno, CA 93721 The “Permit” consists collectively of these Basic Provisions and the following attachments (i)General Terms & Conditions; and (ii) Exhibit A – “Third Party Vendor Release”. [Signatures follow on the next page.] DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 3 of 19 Permittee Initials: ____ Signature Initials: ____ IN WITNESS WHEREOF, the authorized representatives of Signature and Permittee have executed this Permit as of the later of the dates set forth below. LESSOR: SIGNATURE FLIGHT SUPPORT LLC A California limited liability Company By: Printed Name: Selwyn Hunt Title: General Manager By: Printed Name: Title: LESSEE: CITY OF FRESNO A municipal corporation By: Printed Name: Title: APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brandon M. Collet Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 8/3/2023 8/7/2023 Space Permit REV 07-2023 Page 4 of 19 Permittee Initials: ____ Signature Initials: ____ SPACE PERMIT GENERAL TERMS AND CONDITIONS 1.Basic Provisions. The Basic Provisions preceding these General Terms and Conditions are incorporated herein and binding upon Signature and Permittee. For purposes of this Permit, Signature and Permittee may from time to time be referred to individually as a “Party” and collectively as the “Parties.” 2.Term. This Permit shall be for Term as defined above. Permittee shall vacate the Space upon the expiration or earlier termination of this Permit. Permittee shall reimburse Signature for, and indemnify Signature against, all damages, costs, liabilities and expenses, including attorneys’ fees, which Signature shall incur on account of Permittee’s delay in so vacating the Space. If Permittee shall not vacate the Space upon the expiration or earlier termination of this Permit, the Base Rent shall be increased to 200% of the Base Rent then in effect and Permittee’s obligation to pay Aggregate Rent shall continue, but nothing herein shall limit any of Signature’s rights or Permittee’s obligations arising from Permittee’s failure to vacate the Space, including, without limitation, Signature’s right to repossess the Space and remove all persons and property therefrom at any time after the expiration or earlier termination of this Permit and Permittee’s obligations and covenants arising pursuant to this permit, including but not limited to its waivers, and obligations to reimburse and indemnify Signature as provided in the preceding sentence or as otherwise set forth in this Permit. a.Non-Appropriation. In the event of non-appropriation relating to the Permit, Permittee shall have the right to terminate the Permit at the end of any fiscal year of Permittee, in the manner and subject to the terms specified in this paragraph and subject to Section 18(d) of this Permit. Permittee shall endeavor to give written notice of such termination not less than sixty (60) days prior to the end of such fiscal year, and shall notify Signature of any anticipated termination. For purposes of this paragraph, "fiscal year" shall mean the twelve-month fiscal period of Permittee which commences on July 1 in every year and ends on the following June 30. For purposes of this paragraph, "non-appropriation" shall mean the failure of the Permittee or Permittee's governing body to appropriate money for any fiscal year of Permittee sufficient for the continued performance of the Permit by Permittee. 3.Aircraft. The Hangar Space and/or Ramp Space, as applicable, shall be used and occupied by Permittee for the storage of only the Aircraft. 4.Rent. a.Base Rent. Permittee agrees to pay Base Rent to Signature (a prorated amount if the Term commences on a day other than the first day of the month), and, on the first day of each month thereafter Aggregate Rent (as defined below). Base Rent is payable in advance without notice, setoff, demand or deduction, except as provided in this Permit. b.Annual Base Rent Adjustment. On the first anniversary of the Effective Date and continuing each anniversary thereafter (each an “Adjustment Date”), the then- current Base Rent shall be increased by the greater of the following: (i) three and one- half percent (3.5%) or (ii) the “CPI Adjustment”. For purposes of this Permit, the “CPI” shall be the Consumer Price Index of the Bureau of Labor Statistics of the U.S. Department of Labor for CPI U (All Urban Consumers), for All Urban Consumers, , All Items (1982-1984 = 100). The “CPI Adjustment” shall be an amount equal to the Current Index Number minus the Base Index Number, divided by the Base Index Number. The “Current Index Number” shall be the CPI for the month two (2) months prior to the Adjustment Date. The “Base Index Number” shall be the CPI for the month twelve (12) DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 5 of 19 Permittee Initials: ____ Signature Initials: ____ months prior to the Current Index Number. In the event the compilation and/or publication of the CPI shall be discontinued or materially altered, Signature shall choose a reasonable replacement index. Failure to notify Permittee of such an adjustment shall not waive Signature’s right to impose such an adjustment in accordance with the foregoing effective as of the applicable Adjustment Date. c.Supplemental and Aggregate Rent. In addition to the Base Rent, Permittee shall pay to Signature, on a monthly basis, except for real estate taxes which shall be paid on an annual basis, along with such Base Rent, any and all additional sums other than Base Rent due and owing to Signature as a result of Permittee’s tenancy, including but not limited to the Facility Charge, CAM Charge, and those amounts referenced in Section 4(d) below (“Supplemental Rent”). Base Rent and Supplemental Rent are hereinafter referred to collectively as “Aggregate Rent”. d.Airport Concession Fees and Charges; and Taxes. Permittee agrees to pay Airport concession fees, charges, and/or taxes, which shall be assessed at the rate applicable at the time of each monthly Base Rent payment and subject to change at the Airport’s (or Authority’s) discretion, as well as all applicable and then-prevailing state and federal taxes relating to Permittee’s use and/or the terms and conditions of this Permit, including but not limited to ad valorem and real estate taxes. e.Common Area Maintenance. (CAM) Charge: Permittee shall pay to Signature monthly, as Supplemental Rent, the Permittee’s proportionate share of expenses of every kind paid or incurred by Signature for the operation, upkeep, maintenance, repair or renewal of the Space and Common Use Areas. The CAM Charge shall include, but is not limited to, maintenance and landscaping, fire suppression system maintenance and certification, security and access controls/phones, utilities, and property insurance. Notwithstanding the foregoing, the CAM Charge shall exclude the following: (1) Master Lease rent; (2) capital improvements; (3) mortgage payments; (4) depreciation; (5) leasing commissions, attorneys’ fees, space planning costs; (6) any amounts paid to affiliates of Signature to the extent such amounts exceed amounts that would have reasonably been paid to unrelated third parties for similar services; (7) any of Signatures’ overhead and general administration expenses; (8) advertising and promotional expenditures; (9) penalties, fees or interest incurred as a result of Signature’s failure to make a payment when due. The CAM Charge shall be adjusted annually. f.Late Fee. Any payment not delivered within seven (7) calendar days following the date due shall be subject to a late fee equal to the greater of: (i) $100; or (ii) ten percent (10%) of the amount due, but in no event higher than the maximum rate allowable by law. Any late fee so imposed shall be deemed Supplemental Rent. 5.Security Deposit. Permittee shall deposit the sum of two (2) months’ estimated Base Rent (“Security”) with Signature as security for the faithful performance by Permittee of its obligations under this Permit. Signature may apply any portion of the Security against any indebtedness which is not paid when due. If Signature pays Permittee’s indebtedness from such Security or if Permittee’s Base Rent increases, Permittee shall deposit an amount to replenish the Security to the sum of two (2) months’ estimated Base Rent within ten (10) business days of Signature’s written demand. Payment of any indebtedness from such Security does not waive Signature’s right to any other remedy provided by this Permit or by law. Signature shall return any unused portion of the Security, without interest, upon Permittee’s performance in full of its obligations under this Permit at the end of the Term. 6.Authority. Permittee represents that it is fully authorized to enter into this Permit on behalf of the Permittee and any owner(s) of the Aircraft and to bind the Permittee and the Aircraft owner(s) to the terms and conditions set forth in this Permit. DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 6 of 19 Permittee Initials: ____ Signature Initials: ____ 7.Storage. Permittee shall prohibit the storage, maintenance (including washing), or operation of any motor vehicle, recreational vehicle, or boat in the Space. Permittee covenants and agrees that at no time during the Term will Permittee, together with its agents, employees, contractors, subcontractors, invitees, officers , directors, servants or vendors (collectively, hereinafter referred to as (“Permittee Group”), be permitted to store, maintain or operate any motor vehicle, recreational vehicle, or any vehicle considered to be personal property in, around, or upon the Space. 8.Common Areas. Permittee is authorized to use designated common use areas of the Base, including, but not limited to, restrooms, entry ways, hallways and vending areas, as specified by Signature’s local general manager, subject to reasonable rules and regulations imposed by Signature. 9.Security of Personal Property. Permittee is at all times responsible for securing and locking the Aircraft, including but not limited to properly attaching tie down ropes or chains. Signature’s performance of any Ancillary Services or providing ropes, chains, or chocks does not constitute Signature’s acceptance of responsibility for the Aircraft’s overall security. Signature shall not accept keys to Permittee’s Aircraft, automobiles, or other vehicles. Signature shall not be responsible for the storage or security of Permittee’s personal property, including but not limited to deliveries made to Permittee. Permittee acknowledges that any security or safety measures employed by Signature are for the protection of Signature’s own interests; that Signature is not a guarantor of the security or safety of Permittee, its employees, guests, contractors or licensees, or of its property; and that such security and safety matters are the responsibility of Permittee and the local law enforcement authorities. 10.Utilities. For purposes of this Permit, “Utilities” shall mean heating, cooling, electricity and water. If Permittee requires utilities other than those or in quantities greater than those available at the Effective Date, Permittee is solely responsible to arrange for them, coordinate their installation with Signature’s requirements, and pay for such costs, including any impact fees. 11.Master Lease; Alteration of Prevailing Land Rents by Authority. The Master Lease and all amendments thereto, prior to and subsequent to the Effective Date, are incorporated herein and are available for Permittee’s inspection and review. The terms and conditions of this Permit shall be subject and subordinate in all respects to the Master Lease, as amended from time to time, and any provision of such Master Lease required to be addressed herein shall be deemed incorporated herein. Signature reserves the right to increase Permittee’s then-prevailing monthly Base Rent and/or Supplemental Rent by a corresponding amount of any increase imposed upon Signature including but not limited to any increase imposed by the Authority or any other authority having jurisdiction over the Airport and Signature’s leasehold interest by changes in rules, regulations, ordinances, orders, decrees, or any law resulting in an increase in the prevailing land rents or concession fees, etc. applicable to Signature, and/or alteration or adjustment of rents pursuant to the Master Lease. Signature shall provide Permittee a minimum of ten (10) business days’ written notice from Signature of any increase allowable pursuant to this Paragraph 11; provided however that failure to deliver such notice shall not be deemed a waiver of Signature’s right to such payment. 12.Taxes. Additionally, Permittee agrees to pay all such taxes and assessments, which are assessed against or provided to Signature for personal property in the care, custody and control of Permittee located in, on or about the Space. Signature agrees to furnish Permittee promptly with all pertinent official tax bills, statements, invoices, and assessments consistent with Signature’s receipt of same. Permittee hereby authorizes Signature to provide information relating to the presence of Permittee’s personal property DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 7 of 19 Permittee Initials: ____ Signature Initials: ____ on or about the Space as requested by any governmental authority having jurisdiction or authority with respect to the taxation of such personal property. 13.Signature Ancillary Services. It is acknowledged by the Parties that other services not described in this Permit may be requested by Permittee for the Aircraft (or on behalf of the Aircraft owner/operator) to be performed by Signature. Such ancillary services may include, but are not limited to, the sale of aircraft parts and components, temporary hangar space, the performance of aircraft maintenance and avionics, fueling, defueling, deicing and interior/exterior cleaning (collectively, “Ancillary Services”). Signature agrees to furnish and/or perform such Ancillary Services at the request of the Permittee at Signature’s prevailing and locally-established rates or as otherwise negotiated between Signature local management and Permittee. Such requests may be made by Permittee verbally or in writing. If such Ancillary Services are provided, Permittee agrees to pay Signature for all such work, which shall be subject to all of the terms and conditions of this Permit. Any sums due and owing to Signature as a result of its provision of Ancillary Services shall be Supplemental Rent unless paid for at the time of service. 14.Prohibited Uses. Permittee shall not use the Space for any use which is not expressly allowed by the Master Lease or any applicable rule or regulations, and further, Permittee shall not allow the use of the Space for the operation of a fixed base operation or any business substantially similar to any portion of Signature’s authorized general or commercial aviation operations at the Airport. Permittee expressly warrants and represents without limitation that it shall not at any time during the term of this Permit undertake for itself or cause to be undertaken through others, including, but not limited to its employees, agents, subcontractors, or invitees, any services permitted to Signature under the Master Lease, including, but not limited to the following: a.Installation of any fuel storage and dispensing facilities (including mobile delivery of fuel); b.Receipt and storage of any fuel product, including, but not limited to, aviation and motor fuels; c.Into-plane or into-truck delivery of any aviation or motor fuels; d.Rotorcraft or aircraft sales or rentals (Permittee demonstration flights excluded); e.Flight training (Permittee in-house flight training excluded); f.Rotorcraft or aircraft radio and instrument sales and service (avionics); g.Specialized rotorcraft or aircraft repair service for a third party; h.Air transport of mail or cargo for hire; i.Hangaring or servicing of aircraft for a third party, including without limitation that of a transient or non-based tenant, subtenant, sub-permittee, guest, or invitee of the Permittee; j.Deicing of aircraft; k.Temporary parking, including overnight parking, of aircraft, other than the Aircraft; l.Maintenance/ avionics services for a third party; m.Wash aircraft; n.Other activity adverse or disruptive to Signature or Airport interests as may be determined by Signature in its sole but reasonable judgment. 15.Third Party Vendors. Any third party seeking access to any part of the Space and/or the Base to perform any commercial activity (“Third Party Vendor”) may enter Signature’s leasehold (including the Space) only after the Third Party Vendor has: a.Executed the Vendor Release, an exemplar of which is attached as Exhibit A; DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 8 of 19 Permittee Initials: ____ Signature Initials: ____ b.Provided Signature with a Certificate of Insurance for the requisite insurance coverage; and, c.Obtained written authorization for entry from Signature via its execution of the Vendor Release. Permittee shall bear any and all costs associated with ensuring such Third Party Vendors fully comply with any and all prevailing Airport and government regulations, including, but not limited to, authorization to perform services by the Authority through Signature, those of the Federal Aviation Administration (“FAA”) and the Transportation Security Administration (“TSA”) for all purposes, including, but not limited to security, identification, and clearance for access. Permittee agrees that at no time shall it or its Third Party Vendor’s activities infringe upon the ability of Signature’s other customers or Signature to conduct business or operate aircraft, including, but not limited to, ingress and egress from the Space and/or Signature’s leasehold. 16.Termination of Master Lease. If the Master Lease is terminated or abated, such termination or abatement shall cancel or abate this Permit and Permittee shall look to Signature’s successor-in-interest or to the Authority for relief or continuance of its rights as established in this Permit. Permittee shall have the right to remove all of its fixtures, equipment, personal property and other property from the Space deemed to be removable or non-improvement provided Permittee shall repair any damage to the Space as a result of such removal. 17.Destruction or Condemnation of Space. If, after the Effective Date, any significant portion of the Space is destroyed by fire or other casualty, Permittee or Signature shall have the option upon written notice to the other Party to terminate its obligations under this Permit provided Permittee shall not exercise such right in the event such destruction or casualty arises either directly or indirectly from Permittee’s acts or omissions. If all or part of the Space is taken or condemned by any authority for any public use or purpose, which renders the Space untenantable or unusable, this Permit shall terminate as of the date title vests in such authority, and the Aggregate Rent shall be apportioned as of such date. 18. Acceptance; Maintenance; Surrender. a.Permittee accepts the Space in its “as is” condition on the Effective Date of this Permit and Signature shall have no liability or obligation to make any alterations or improvements of any kind on or about any portion of the Space. Permittee shall not alter the Space in any fashion without the prior written consent of Signature, which may be withheld in Signature’s sole discretion. Upon the expiration or termination of this Permit, all fixtures installed or additions and improvements made to the Space, specifically excluding furniture and Permittee’s trade fixtures, shall, at Signature’s option (to be exercised in its sole discretion) either (i) become the property of Signature and shall remain in the Space, without compensation or payment to the Permittee, unless otherwise agreed to in writing by Permittee and Signature, or (ii) be promptly removed by Permittee, and Permittee shall, at its sole cost and expense, restore the Space to the condition that existed immediately prior to its occupancy of the Space (normal wear and tear excepted) and repair any damage resulting from the removal of the additions and improvements. b.Subject to section 4.e. herein, Signature is responsible for coordinating all necessary maintenance and routine repair to the Space, specifically excluding any Permittee requested improvements to the space as set forth in Section 18.a. herein. Permittee shall be responsible for all maintenance and repair costs arising from the acts or omissions of the Permittee Group. Permittee shall be responsible for keeping the Space clean and orderly, including the removal of trash and debris from the Space and for complying with applicable rules and regulations for the operation of equipment and Permittee’s business within the Space. The cost of janitorial services to the Space shall DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 9 of 19 Permittee Initials: ____ Signature Initials: ____ be the responsibility of Permittee. Permittee shall have the exclusive right to engage a janitorial service provider of its choice. c.Permittee shall not perform or conduct any operation that in any way adversely impacts the structural integrity of any portion of the Space or which accelerates its ordinary deterioration. d.Upon the expiration, or earlier termination, of the Term, Permittee shall immediately remove its personal property and surrender the Space to Signature in good repair and broom clean condition, ordinary wear and tear excepted. e.Signature and the Authority may enter the Space at all reasonable times for the purpose of routine inspections of the Space, or any other purpose reasonably necessary to protect Signature’s or Authority's interest in the Space or to perform Signature’s or Authority's duties under this Permit. 19.Signage. Permittee shall not place or permit to be placed in or on the Space any signs or insignias without Signature’s and, if applicable, the Airport’s written consent, in the sole discretion of such parties. 20.Non-Exclusive Easements. Signature grants to Permittee a non-exclusive easement to transition Permittee’s Aircraft, if applicable, to and from the Hangar Deck Space or other aircraft storage space controlled by Signature to an Airport taxiway and to provide ingress and egress to and from the Space for authorized vehicles, including, all vehicles and other equipment required by Permittee’s employees, vendors, contractors and authorized subcontractors. All vehicles and vehicle operators shall fully comply with Signature’s and the Authority’s rules and regulations regarding Airport and Aircraft Operations Area (AOA) access. 21.Airport Security. Permittee and the Permittee Group shall comply at its own expense with all applicable security requirements, including, but not limited to, those of Signature, Federal Aviation Regulations (“FAR”) and the TSA, any Airport security program, all as amended from time to time. Permittee shall take all action necessary or as directed by Authority to ensure that members of the Permittee Group comply with such requirements. If Signature or the Authority incur any fines as a result of the acts or omissions of the Permittee and/or the Permittee Group, Permittee agrees to pay all such fines and penalties in accordance with its indemnification obligation set forth herein and to cure any security deficiency immediately. Signature and the Authority reserve the right to take whatever action necessary to cure any security deficiency if Permittee fails to remedy the security deficiency promptly and to be reimbursed any and all costs and expenses associated with such action. 22.LIMITATION OF LIABILITY. THE PARTIES HEREBY AGREE THAT UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, DIMINUTION OR LOSS OF VALUE, LOSS OF USE, LOSS OF ANTICIPATED PROFITS OR THE COST ASSOCIATED WITH SUBSTITUTE OR REPLACEMENT AIRCRAFT. 23.Insurance. a.Minimum insurance dollar limits required of Permittee: i.Aircraft Hull and Liability (2)Aircraft liability: Aircraft liability insurance (ground/flight) with a minimum combined single limit at least equal to the requisite commercial general liability (below) covering bodily injury (including passengers) and property damage DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 10 of 19 Permittee Initials: ____ Signature Initials: ____ •Aircraft hull and liability coverage shall be conditionally waived if this Permit does not include the storage of an aircraft. This conditional waiver shall be automatically revoked and Permittee shall obtain the requisite coverage if this Permit is later amended to add aircraft storage space. ii.Liability - Airport Premises (1)Commercial General Office Space only: Combined single limit $1,000,000 per occurrence (d) Piston/Reciprocating Aircraft: Combined single limit $1,000,000 per occurrence* *Aggregate for products and completed operations. The requirement to carry third party products and completed operations liability coverage shall be conditionally waived if Permittee does not offer goods or services to third parties. This conditional waiver shall be automatically revoked and Permittee shall obtain the requisite coverage if Permittee subsequently offers goods or services to third parties. (2)Motor Vehicle: Combined single limit $1,000,000per occurrence This coverage is conditionally waived if Permittee does not have a motor vehicle that is both (1) registered in its name and (2) driven on Signature’s ramp. If Permittee subsequently registers a vehicle in its name and uses it to drive on the ramp, the waiver shall be automatically revoked and Permittee shall obtain the requisite coverage. iii.Property (1)All Risk Property: Full Replacement Value of any alteration or improvement to the Space installed by Permittee (a) This coverage shall be conditionally waived if Permittee does not perform any alterations to the Space. This conditional waiver shall be automatically revoked and Permittee shall obtain the requisite coverage if Permittee subsequently alters or improves the Space. iv.Worker’s Compensation & Employer’s Liability (1)Worker’s compensation: The greater of $500,000 or as required by statute (2)Employer’s liability: $500,000 each occurrence for bodily injury by accident $500,000 each occurrence for bodily injury by disease $500,000 aggregate policy limit (a)Employer’s liability coverage shall be conditionally waived if Permittee does not have any employees. This conditional waiver shall be automatically revoked and Permittee shall obtain the requisite coverage if Permittee subsequently hires employees. b.Insurers; Special Provisions For Certificates of Insurance: All such required liability insurance, except (1) worker’s compensation and (2) employer’s liability shall name (exactly as set forth in quotations) “Signature Flight Support LLC, its parent, subsidiaries, related, and affiliated companies and the Authority” as additional insureds. If the required liability polices do not contain a standard separation of insured provision, they shall be endorsed to provide cross liability coverage. To the extent that such loss, damage or liability is self-insured by Permittee, is covered by valid and collectible DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 11 of 19 Permittee Initials: ____ Signature Initials: ____ insurance maintained by Permittee, or that pursuant to this Permit should have been maintained by Permittee, Permittee hereby waives all rights of recovery against Signature and the Signature Group. All required insurance policies shall contain a waiver of subrogation in favor of “Signature Flight Support LLC, its parent, subsidiary, related, and affiliated companies and the Authority”. All required insurance policies shall be evidenced by certificates of insurance that provide at least thirty (30) days advance written notice of any cancellation or changes adverse to the interests of Signature or its subsidiaries. Permittee may send insurance certificates to the Signature Insurance Department via any of the following methods: (i) by mail to Signature Flight Support LLC, 13485 Veterans Way, Attention: Real Estate 5th Floor, Orlando, FL 32827; or (ii) by email to Realestate@signatureflight.com. Permittee shall reimburse Signature upon demand for any and all third-party vendor costs and expenses incurred by Signature in order to enforce Permittee’s compliance with the above insurance requirements, and any such costs and expenses shall be deemed Supplemental Rent hereunder. c.Permittee shall ensure that minimum insurance amounts stated shall not be lowered without express written consent of Signature. d.Permittee shall ensure that the certificates of insurance, with respect to the insurance requirements described above, shall state that such coverage is primary and without right of contribution from any insurance carried by Signature and that the liability assumed by Permittee under this Agreement has been specifically insured under the policies above, but such insurance in no way limits Permittee’s liability hereunder. e.PERMITTEE ACKNOWLEDGES THAT ITS POTENTIAL LIABILITY IS NOT LIMITED TO THE AMOUNT OF ANY LIABILITY INSURANCE COVERAGE OR TO INSURANCE POLICY LIMITS REQUIRED IN THIS PERMIT. FURTHER, PERMITTEE SHALL BE SOLELY RESPONSIBLE FOR INSURING ITS PERSONAL PROPERTY OR OTHER CONTENTS WITHIN OR ABOUT THE SPACE. f.In no event shall Permittee or Permittee’s insurer be entitled to greater relief than it would have been entitled to had Permittee fully complied with the terms set forth in Section 23. g.Minimum insurance dollar limits required of Signature: Signature shall at all times during the Term, at is sole cost and expense, maintain the same types and amounts of insurance required under the Master Lease. 24.Indemnification. a.Permittee’s Indemnification. Permittee shall be liable for the acts or omissions of the Permittee Group and further agrees to indemnify, defend, and hold harmless Signature, the Authority and their respective officers, directors, employees, agents, servants, contractors, subcontractors, vendors, invitees (collectively, the “Signature Group”) from and against any and all claims, liabilities, losses, demands, fines, suits, penalties, actions, judgments or other expenses, including, but not limited to, FAA and TSA fines or assessments, reasonable attorneys’ fees and costs (collectively, “Damages”) incurred by the Signature Group and arising from any negligent acts or omissions of the Permittee Group; provided, however, that this indemnity does not apply to Damages caused by the negligence of Signature and its respective officers, directors, and employees. Such indemnification is subject to and limited by Paragraph 22 Limitation of Liability. Nothing herein waives or limits Permittee’s governmental immunities and defenses, including without limitation pursuant to California Government Code 810 et seq. b.Signature’s Indemnification. Signature shall be liable for the acts or omissions of Signature and its respective officers, directors, and employees without limitation and further agrees to indemnify, defend, and forever hold harmless the DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 12 of 19 Permittee Initials: ____ Signature Initials: ____ Permittee Group from and against any and all Damages incurred by the Permittee Group and arising from any negligent or willful acts or omissions of Signature and its respective officers, directors, and employees; provided, however, that this indemnity does not apply to Damages caused by the acts or omissions of the Permittee Group. Such indemnification is subject to and limited by Paragraph 22 Limitation of Liability. c.Exclusion and Duration. These provisions expressly exclude all Environmental Damages as set forth in Paragraph 25, below. The indemnifications set forth in this Paragraph 24 shall (1) survive the termination or expiration of this Permit, and (2) shall not be construed to negate or abridge any other indemnity obligation that would exist at common law or pursuant to this Permit, and (3) shall not be limited by any provision of insurance; and (4) shall apply to the acts or omissions of Permittee Group occurring on or about the Space or otherwise within the network of fixed base operations owned, operated, controlled or managed by Signature. 25.Environmental Removal and Disposal. a.Compliance with Environmental Regulation. Permittee is solely responsible for the proper removal and disposal of all hazardous substances, hazardous wastes and petroleum products as defined and regulated under applicable local, state, or federal law (collectively, “Regulated Substances”) that Permittee, or Permittee Group, generates or otherwise brings, or causes to be brought onto the space or Airport. Such removal and disposal shall include, but not be limited to, proper documentation of such Regulated Substances under its assigned Environmental Protection Agency (“EPA”) Identification Number in Permittee’s name. Permittee agrees to provide Signature, upon request, with the required EPA identification number and copies of any and all documentation in Permittee’s name. Permittee shall comply with any and all applicable local, state and federal law and any and all Airport requirements in such removal and disposal. Additionally, Permittee is solely responsible for any and all environmental contamination that impacts the Space or any portion of Signature’s leasehold premises as a result of the Permittee Group’s storage or handling of any Regulated Substances on, in or at the Space. b.Environmental Audits. Permittee acknowledges that Signature may enter the Space from time to time to conduct environmental audits. If such environmental audit reveals the presence of contaminants in excess of acceptable levels under applicable law as a result of Permittee’s use of the Space, Signature shall serve written notice to Permittee to correct the conditions within seven (7) days. Permittee shall act diligently to remove any and all such contaminants and to take all such prompt action necessary to satisfy Signature and any authorities having jurisdiction over the Space that proper remediation has occurred as described above. If Permittee fails to act within the seven (7) day period, Signature may act to correct the conditions and shall be entitled to reimbursement for any and all costs directly or indirectly associated with such corrective action. c.Indemnification by Permittee. Permittee shall indemnify, defend, and forever hold harmless the Signature Group from and against all environmental claims, liabilities, damages, fines, penalties, losses or impairments, including, but not limited to, any penalty or fine imposed by any governmental agency and the expense of cleaning up or disposing of any Regulated Substances, as well as any and all reasonable attorneys’ fees (collectively, “Environmental Damages”) resulting from the use and occupancy or any negligent act or omission of the Permittee Group. Permittee shall not be responsible for any type of Environmental Damages or any environmental conditions that existed before the Effective Date of the first space permit entered into between the parties (or their predecessors), except to the extent the Permittee Group exacerbates any such issue DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 13 of 19 Permittee Initials: ____ Signature Initials: ____ or matter. The indemnities set forth herein Paragraph 25(c) shall survive the termination or expiration of this Permit. . Nothing herein waives or limits Permittee’s governmental immunities and defenses, including without limitation pursuant to California Government Code 810 et seq. d. Environmental Protection Procedures. Permittee shall conduct its operations to meet or exceed requirements set forth in applicable local, state, and federal laws and in accordance with safe and proper industry practices in order to prevent environmental accidents. Such practices include but are not limited to the following: (i) Permittee shall at all times protect the drain from spills of Regulated Substances and agrees to instruct all its employees, agents, servants, contractors, subcontractors, invitees, and other representatives in writing regarding such requirement and the proper operation and maintenance of this drainage system, and immediately notify Signature of any discharge; (ii) Permittee shall properly label all containers and shall not place or maintain open containers outside of the Space; (iii) Permittee shall cover all trash containers placed or maintained outside the Space. 26. Compliance With Laws. Each member of the Signature Group and the Permittee Group shall comply with all prevailing and applicable federal, state and local rules, regulations, orders, and laws of all jurisdictions having authority, including, but not limited to the Airport, FAA, TSA, in which the space is located. Permittee represents and warrants to Signature that Permittee is not a party with whom Signature is prohibited from doing business pursuant to the regulations of the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury, including those parties named on OFAC’s Specially Designated Nationals and Blocked Persons List. Permittee is currently in compliance with, and shall at all times during the Term remain in compliance with, the regulations of OFAC and any other governmental requirements relating thereto. In the event of any violation of this section, Signature shall be entitled to immediately terminate this Permit and take such other actions as are permitted or required to be taken under law or in equity. Permittee represents and warrants that neither Permittee nor any of its subsidiaries, directors, officers, agents, employees, affiliates or other person associated with or acting on Permittee’s behalf have (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expense relating to political activity or to influence official action; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) made any bribe, rebate, payoff, influence payment, kickback or other unlawful payment; or (iv) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (the "FCPA"); and Permittee has conducted its businesses in compliance with the FCPA and has instituted and maintains policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, compliance therewith. PERMITTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SIGNATURE FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, RISKS, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) INCURRED BY SIGNATURE ARISING FROM OR RELATED TO ANY BREACH OF THE FOREGOING CERTIFICATIONS. These indemnity obligations shall survive the expiration or earlier termination of this Permit. 27. Brokers. The Parties acknowledge that no broker was in any way involved consummating this Permit and that no conversations or prior negotiations were had with any broker. The indemnities in Paragraph 24, above, shall be applicable to claims by any broker for a brokerage commission arising out of this Permit. DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 14 of 19 Permittee Initials: ____ Signature Initials: ____ 28. Notice. Any notice or demand required under this Permit may be by personal service, courier, recognized overnight delivery service, or United States mail (certified mail/postage prepaid only). Notices served by United States mail are deemed properly delivered effective the third (3rd) business day and personal service, courier service and recognized overnight delivery service are deemed served at the time and date of receipt confirmation provided that such notice is addressed to the Permittee as set forth in the Basic Provisions. 29. Default; Remedies. a. It shall be considered a “Default” pursuant to this Permit if (i) Permittee fails to make, within fourteen (14) calendar days of the date due (the “Grace Period”), payments of Aggregate Rent or any other payment required herein; (ii) Permittee shall fail to perform any non-monetary covenant herein, and such default shall continue for a period of thirty (30) days or such period of time as otherwise specified in this Permit after receipt of written notice of the default from the non-defaulting Party, provided, however, that if such Default is not reasonably susceptible to cure within such thirty (30) day period, Permittee shall be permitted the reasonable additional time as may be required to pursue, through its best and most diligent efforts, the required corrective action, not to exceed an additional thirty (30) days (this subsection ii shall not apply to Permittee’s failure to pay Aggregate Rent or to any Parties failure to comply with federal, state, local, or other law, statute, or regulation); (iii) Permittee shall cease to do business as a going concern; (iv) a petition is filed by or against Permittee under the Bankruptcy Act or any amendment thereto (including a petition for reorganization or an arrangement) or under any other debtor protection laws; (v) Permittee assigns its property for the benefit of creditors; (vi) Permittee assigns, transfers or encumbers this Permit without Signature’s express and advance written authorization; or, (vii) there is a seizure of this Permit or the Space or any part thereof, upon execution or by other process of law directed against Permittee, or upon or subject to any creditor’s attachment. The Grace Period referenced above with respect to monetary payments shall be revoked without further notice to Permittee in the event Permittee fails more than two (2) times to timely deliver any payment when due (regardless of cure) in any given consecutive twelve (12) month period. b. In the event of any Default hereunder, Signature shall have the right to pursue any combination of the following remedies: (i) terminate this Permit; (ii)remove the Aircraft and other personal property from the Space and relocate the Aircraft to any location on the ramp upon termination and without notice and Permittee hereby waives any right or claim to recover damages from Signature relating to such towing, removal, and relocation or storage on the ramp; (iii) declare all Aggregate Rent and other amounts payable hereunder for the balance of the Term to be immediately due and payable; (iv) perform any of Permittee’s obligations and Permittee shall reimburse Signature for any and all costs and expenses incurred, including attorneys’ fees, plus an administrative fee equal to ten percent (10%) of such costs, with a minimum of $100.00; (v) Signature may enter the Space and proceed to sell, in a commercially reasonable manner, all goods, chattels and personal property found to offset any portion of Aggregate Rent and outstanding additional payments and Permittee shall pay all costs and expenses incurred or chargeable to Signature as a result of such sale; (vi) Signature may, at Signature’s sole option, alter or repair the Space as necessary in order to relet the entire or any part or parts of it either in Signature’s name or otherwise on terms at Signature’s option which may be less than or greater than the balance of Permittee’s Term. No re-entry, alteration, repair or reletting shall be construed as Signature’s election to terminate this Permit unless Signature has indicated otherwise. Permittee for Permittee’s and Permittee’s successors and assigns hereby irrevocably constitutes and appoints Signature as its DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 15 of 19 Permittee Initials: ____ Signature Initials: ____ agent to collect the rents due and to become due under any of Permittee’s permit for the Space (or any parts thereof) without in any way affecting Permittee’s obligation to pay any unpaid balance of Aggregate Rent due or to become due hereunder. In addition to the foregoing, Signature is entitled to all rights and remedies available to it at law or equity. c. If either Party institutes an action to enforce its rights under this Permit, the prevailing Party shall be reimbursed by the other Party for its reasonable attorneys' fees in addition to any other recoverable damages. d. If Signature shall fail to perform or observe any covenant or requirement of this Permit, and such failure continues for a period of thirty (30) days following receipt of written notice from Permittee of such failure (provided that such time period shall be reasonably extended for so long as Signature diligently prosecutes such cure), Permittee shall have the right to terminate this Permit by written notice to Signature. e. Permittee agrees that any amounts outstanding beyond any grace or cure period set forth in this Permit shall bear interest at the rate of one and one-half percent (1.5%) per month of the delinquent amount, but in no event shall the foregoing exceed the maximum amount allowable by applicable law. 30. Independent Contractor. The relationship between the Parties shall be that of independent contractors for all purposes and in no event shall persons employed or retained by either Party be employees or agents of the other. 31. Force Majeure. Except for the payment of Aggregate Rent and any other sums due hereunder by Permittee, neither Party shall be liable for its failure to perform under this Permit or for any loss, injury, damage or delay of any nature that is caused by any act of God, act of terrorism, act of nature, fire, flood, wind storm, strike, labor dispute, riot, insurrection, war or any other cause beyond either Party’s control, providing, however, should the force majeure continue for more than sixty (60) days, either Party may terminate this Permit upon ten (10) days’ written notice. 32. Governing Law. This Permit shall be construed, interpreted, and enforced in accordance with the laws of the state in which the Space is located. 33. WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY. 34. Assignment and Subletting. Permittee shall have no right to assign, transfer, mortgage, pledge, hypothecate or encumber this Permit or any interest herein or sublet the Space or any part thereof, or permit the use of the Space by any other party without Signature’s prior written consent which may be withheld in its sole discretion. Signature’s written consent to such a transaction shall not be deemed a release of Permittee from the obligations of this Permit, unless otherwise stated in writing by Signature. Any such contemplated assignment or subletting may further be subject to advance, written approval by the Authority. The use of the Space by any aircraft other than the Aircraft defined above shall be subject to Signature’s prior written approval, which may be withheld in its sole discretion. Any such transactions in violation of the foregoing requirement shall be considered null and void and shall constitute an immediate Default, for which no cure period is available; provided however that the obligations of Permittee hereunder shall remain in full force and effect, including but not limited to the insurance, waiver and indemnification provisions, notwithstanding such a transaction or change of aircraft. 35. Fuel Purchases. Unless Permittee occupies Office or Shop Space only, Permittee agrees to purchase reasonable and substantial quantities of fuel from Signature or Signature’s vendor in connection with the operation of the Aircraft based or otherwise operated from the Space in exchange for Signature furnishing Permittee the DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 16 of 19 Permittee Initials: ____ Signature Initials: ____ use of Signature’s general aviation terminal facilities and amenities, as well as furnishing other basic and customary Ancillary Services related to the Aircraft based or operated from the Space. Such fuel purchases constitute an integral part of the basis of bargain and material consideration for Signature to enter into this Permit at the rental rates set forth herein. 36. Aircraft Towing. Signature shall have the primary responsibility to tow Aircraft at the Airport as one of the Ancillary Services offered by Signature. The Permittee Group agrees not to undertake the towing/repositioning of the Aircraft, except in the event of an emergency. “Emergency” is defined as an unanticipated and sudden event in which the safety, security or integrity of an Aircraft or a person, or their property, is in imminent peril or jeopardy. Permittee shall indemnify, defend and hold harmless the Signature Group from and against any and all damages resulting from towing by Permittee. 37. Time of Essence. Time is of the essence in this Permit. 38. Amendment. No amendment, modification or alteration of the terms of this Permit shall be binding unless it is in writing and executed by both Parties. 39. Entire Agreement. All Exhibits attached hereto are fully incorporated into the terms and conditions of this Permit. This Permit constitutes the entire agreement and all prior correspondence, memoranda, negotiations, or understandings (written or oral) and are merged into and superseded by this Permit, excepting the Parties’ joint and several obligations under the Master Lease. This Permit shall be interpreted simply according to the plain meaning of its terms and not strictly for or against with Party regardless of which Party drafted it. 40. Severability. If any authority with proper jurisdiction determines that any provision is illegal, unenforceable, or invalid in whole or in part for any reason, all valid and enforceable provisions remain unaffected. 41. Applicability. The provisions of Paragraph 22 and Paragraph 24 shall bind Permittee and Signature with respect claims, losses, and damages arising with respect to the Space and all additional services performed by Signature with respect to the Permittee Group and its property (including the Aircraft) throughout the Base and at any other fixed base operation owned, operated, managed or controlled by Signature. 42. Election of Remedies. The Parties’ rights and remedies are cumulative and in addition to all other rights and remedies at law and equity. No action initiated by either Party shall be construed or interpreted as a sole election of remedies and will in no way diminish, restrict, prejudice or otherwise waive any other rights or remedies. 43. Authority Consent Required. Permittee acknowledges that, pursuant to the provisions of the Master Lease, Signature may be required to obtain Authority’s written consent to this Permit, and accordingly, if applicable, the obligations, understandings and commitments of the Parties as set forth herein are expressly subject to obtaining such Authority consent. 44. Estoppel Certificates. Permittee shall, within fifteen (15) days after any written request from Signature, execute, acknowledge and deliver a statement certifying certain facts regarding this Permit, including but not limited to confirming the effectiveness of this Permit and the status of any defaults thereunder and/or such other matters as Signature may reasonably request. Any such statement may be relied upon by or as may be requested by Signature, its lenders, insurance carriers, auditors, and prospective purchasers. If Permittee shall fail to execute and return such statement within the time required herein, Permittee shall be deemed to have agreed with the matters set forth therein. DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 17 of 19 Permittee Initials: ____ Signature Initials: ____ 45. Relocation. Notwithstanding any provision of this Permit to the contrary, Signature shall have the right to temporarily relocate the Aircraft to reasonably similar space at the Base without prior notice to Permittee. Signature shall have the option to permanently relocate the Space upon thirty (30) days’ prior written notice to Permittee and at Signature’s sole cost and expense. In the event Permittee objects to such permanent relocation, Permittee may elect to terminate this Permit by written notice delivered to Signature within fifteen (15) days of receipt of the foregoing notice from Signature with such termination effective upon the thirtieth (30th) day following said notice from Signature. In addition to the foregoing, Signature shall have the right, but not the obligation, to relocate any Aircraft which is not airworthy from the Space to another portion of the Base in Signature’s sole discretion. 46. Non-Waiver. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Permit shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 47. No Waste. Permittee shall not commit any waste upon the Space, or any nuisance or act which may disturb the quiet enjoyment of any other tenant of the Base. 48. Inclement Weather. In the event of any inclement weather (each event, a “Storm”) Permittee hereby requests that Signature continue to store the Aircraft in the Hangar Space during the period that the Storm may strike or adversely affect the Hangar Space. In consideration of such storage, and notwithstanding any other agreement, lease or license, whether verbal or in writing, to the contrary, Permittee confirms that Permittee assumes all risk that the Aircraft may be damaged or destroyed by the effects of the Storm while in storage in the Hangar Space. Signature makes no warranties or representations of any kind that the Aircraft can be protected from the effects of the Storm. Permittee agrees to indemnify, hold harmless, release and defend Signature and the Signature Group from any and all Damages arising out of any effects of a Storm. Permittee shall be solely responsible for any such losses or it will look solely to its insurance coverage. Permittee waives all rights of subrogation for itself and its insurance carriers. Remainder of page intentionally left blank. DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 18 of 19 Permittee Initials: ____ Signature Initials: ____ Exhibit A Third Party Vendor Release (“Release”) SIGNATURE FLIGHT SUPPORT LLC, a Delaware limited liability company, (“Signature”), which maintains a Fixed Base Operation (“FBO”) at _________________ Airport, ____________, ____________ (“Airport”), by its execution hereof, hereby authorizes the following person or entity, (“Vendor”), to enter the FBO premises on a temporary basis, consistent with the terms and conditions hereinafter stated. 1. Vendor. The name, address, and telephone number of the Vendor are as follows: Name: Address: Telephone: Email: Service provided (“Service”): 2. Services To Be Performed. Vendor shall enter Signature’s Premises for the sole purpose of performing Service at the request of Signature or its customer, Permittee, tenant, Aircraft owner, pilot or other designated representative. Vendor shall be authorized only to perform the Service noted above and only in the area(s) designated for such Service by local Signature management. Vendor expressly agrees that at no time shall its activities infringe upon the or its customers’ ability to operate aircraft or use Signature’s leasehold, including, but not limited to, ingress and egress from the FBO, offices, shops, ramps or parking lots. 3. Compliance With Laws. Vendor represents that it shall adhere to the prevailing and applicable rules of the Airport, Federal Aviation Administration (“FAA”), and the Transportation Security Administration (“TSA”). 4. Indemnification. Vendor agrees to indemnify, defend and hold harmless Signature and the Airport, their respective officers, directors, agents and employees and Signature’s parent, subsidiary, related and affiliated companies from and against any and all liabilities, damages, injuries, losses, claims, fines, penalties or judgments, of any kind whatsoever (including those arising from third parties), including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, Signature by reason of any loss of or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non-performance by Vendor or its agents, servants, consultants, contractors, subcontractors, licensees or employees of any covenant or condition of this Release or by any act or failure to act or negligence of such persons. 5. Insurance. Before commencing Services, Vendor shall evidence the following types and amounts of insurance: i. Liability - Airport Premises (1) Commercial general. Combined single limit $5,000,000 per occurrence, products and completed operations (2) Motor vehicle. Combined single limit $5,000,000 per occurrence (a) This coverage is conditionally waived if Vendor does not have a motor vehicle that is both (1) registered in its name and (2) driven on Signature’s ramp. If Vendor subsequently registers a vehicle in its name and drives on the ramp, the waiver shall be automatically revoked and Vendor shall obtain the requisite coverage. (3) Environmental/pollution. Combined Single Limit $5,000,000 per occurrence. DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 Space Permit REV 07-2023 Page 19 of 19 Permittee Initials: ____ Signature Initials: ____ (a) This coverage shall be conditionally waived if this Release does not include the maintenance of aircraft. This conditional waiver shall be automatically revoked and Vendor shall obtain the requisite coverage if this Release is later amended to add aircraft maintenance or if Vendor commences, without amendment, performance of aircraft maintenance in the Space. ii. Worker’s Compensation & Employer’s Liability (1) Worker’s compensation The greater of $500,000 or as required by statute (2) Employer’s liability $500,000 each occurrence for bodily injury by accident $500,000 each occurrence for bodily injury by disease $500,000 aggregate policy limit Special Provisions For Certificates of Insurance: All such required liability insurance, except (1) motor vehicle, (2) worker’s compensation, and (3) employer’s liability shall name (exactly as set forth in quotations) “Signature Flight Support LLC, its parent, subsidiary, related, and affiliated companies and the Authority” as additional insureds. If the required liability polices do not contain a standard separation of insured provision, they shall be endorsed to provide cross liability coverage. All required insurance policies, except (1) motor vehicle, (2) worker’s compensation, and (3) employer’s liability shall contain a waiver of subrogation in favor of “Signature Flight Support LLC, its parent, subsidiary, related, and affiliated companies and the Authority”. All required insurance policies shall be evidenced by certificates of insurance that provide at least thirty (30) days advance written notice of any cancellation or changes adverse to the interests of Signature or its subsidiaries. Minimum insurance amounts stated shall not be lowered without express written consent of Signature. Higher insurance limits may be required by the Airport, in which case, the Airport’s limits shall supersede the limits stated above. VENDOR ACKNOWLEDGES THAT ITS POTENTIAL LIABILITY IS NOT LIMITED TO THE AMOUNT OF ANY LIABILITY INSURANCE COVERAGE OR TO INSURANCE POLICY LIMITS REQUIRED IN THIS RELEASE. Signature Flight Support LLC By: Name: Title: Date: Vendor: By: Name: Title: Date: DocuSign Envelope ID: A111AF8A-BD48-458F-AA69-6B6B634B7D59 LLC Certificate On this 7th day of August, 2023, I, Jennifer Yasinsac, certify that I am the Assistant Secretary of Signature Flight Support LLC, a Delaware limited liability company (the “Company”); that Selwyn Hunt, who signed that certain Space Permit between the Company and the City of Fresno dated January 1, 2023 on behalf of the Company is the General Manager of the Company at its location at Fresno Yosemite International Airport; that the Space Permit was duly signed for and on behalf of the Company by authority of its governing resolution and is within the scope of its powers. Signed: _______________________________ Jennifer Yasinsac, Assistant Secretary STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me by means of [_] physical presence or [_] online notarization this ___ day of ____________, 2023, by Jennifer Yasinsac as Assistant Secretary for Signature Flight Support LLC. (NOTARY SEAL) _____________________________________ Name of Notary: Personally Known _______ OR Produced Identification _______ Type of Identification Produced _________________________________________________ 8th August Christine Mercadante xx x City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1231 Agenda Date:8/24/2023 Agenda #: 1.-E. REPORT TO THE CITY COUNCIL FROM:BRIAN BARR, Director General Services Department BY:CLIFF TRAUGH, Administrative Manager General Services Department SUBJECT Award a purchase contract to Toyota of Selma, CA, for the purchase of 11 Toyota Prius in the amount of $330,815.38 to be utilized by the City Attorney’s Office Code Enforcement Division and the Planning & Development Department (Bid File 12302272) RECOMMENDATION Staff recommends Council approve the award of a purchase contract to Toyota of Selma, CA, for the purchase of 11 Toyota Prius in the amount of $330,815.38. EXECUTIVE SUMMARY The City Attorney’s Office, Code Enforcement Division seeks to purchase ten (10) Toyota Prius as replacements for trucks past their useful life. The new hybrid vehicles will be utilized to travel throughout the City of Fresno enforcing the Fresno Municipal Code and responding to resident complaints. Additionally, Planning & Development is requesting one (1) Toyota Prius to grow their fleet. The new vehicle will provide staff reliable transportation for onsite inspections where they assist residents with all land use entitlements in accordance with the Subdivisional Map Act, Planning, Zoning, and Developmental Laws. The eleven new Toyota Prius will be financed through the Master Equipment Lease Purchase Agreement (MELPA). BACKGROUND The City Attorney’s Office, Code Enforcement Division is responsible for enforcing Fresno Municipal Code as well as California building, plumbing, and electrical codes. This is accomplished through inspections and citywide patrolling, utilizing seven teams, operating over 60 vehicles. The ten new vehicles will allow teams to safely and reliably travel throughout the City addressing violations, complaints, and offering customer service to the residents of Fresno. The Planning & Development Department focuses on both public and private property development throughout the City, as well as the sustainable management of our land, water resources, and public infrastructure. Service is provided to the residents of Fresno through the enforcement of the Fresno City of Fresno Printed on 8/28/2023Page 1 of 2 powered by Legistar™ 8/8/24/202324/2023 AP/MA 6-0 6-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-1231 Agenda Date:8/24/2023 Agenda #: 1.-E. infrastructure.Service is provided to the residents of Fresno through the enforcement of the Fresno Municipal Code.Planning &Development is requesting one Toyota Prius to meet the needs of growing staff and projects.The new vehicle will be used to transport personnel and haul various equipment needed to perform onsite inspections. The eleven new units will contribute to the City of Fresno’s goal to incorporate low emissions vehicles into the fleet where applicable. The light vehicle class is on a ten year or 100,000-mile replacement schedule,which has been established by the General Services Department,Fleet Management Division as the optimum replacement time.The units identified for replacement are beyond this schedule in either age or mileage.The General Services Department,Fleet Management Division recommends this purchase based on the replacement schedule and the needs of the departments. Competitive bids were solicited for the 11 Toyota Prius on March 24,2023,and advertised in the Fresno Business Journal.The Notice Inviting Bids was sent to two exchanges and specifications were distributed to three potential bidders.One bid was received and publicly opened on April 4, 2023.Toyota of Selma was determined to be the lowest responsive and responsible bidder with a total bid price of $330,815.38. This price includes delivery and sales tax at 8.35 percent. 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, the award of this contract does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference is applicable to this award,and Toyota of Selma,CA is a local business pursuant to FMC 4-108. FISCAL IMPACT General funds will be used to purchase 11 Toyota Prius Hybrid vehicles.The vehicles will be financed over a five-year term through the Master Equipment Lease Purchase Agreement (MELPA)with the first payment expected in FY2024.The funding to cover the biannual lease payments has been included in the FY2024 adopted budget under the Code Enforcement and Planning &Development Operating funds. Attachment: Bid Evaluation 12302272 City of Fresno Printed on 8/28/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1251 Agenda Date:8/24/2023 Agenda #:1.-F. REPORT TO THE CITY COUNCIL FROM:JERRY P. DYER, Mayor Office of Mayor & City Manager BY:CHRIS MONTELONGO, Deputy Chief of Staff Office of Mayor & City Manager SUBJECT Approve the appointment of Al Moncada to the Mobile Home Rent Review and Stabilization Commission as an At-Large Member for a term ending 6/30/2025. Approve the appointment of Lisa Talley to the Fresno/Clovis Community Media Authority for a term ending 6/30/2025. RECOMMENDATION Staff recommends approval. EXECUTIVE SUMMARY The Mobile Home Rent Review and Stabilization Commission has five Commissioners appointed by the Mayor. Two vacancies currently exist. The Mayor’s Office is providing the appointment of Al Moncada (Resident of District 4) as an At-Large Commissioner for consideration. The Fresno/Clovis Community Media Authority has five members. Three members are appointed by the City of Fresno Mayor and two are appointed by the City of Clovis. Two City of Fresno vacancies currently exist. The Mayor’s Office is providing the appointment of Lisa Talley (Resident of District 3) for consideration. Attachment: Moncada Appointment Package Talley Appointment Package City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 8/8/24/202324/2023 AP/MA 6-0 6-0 LC ABSENT APPROVED ON CONSENT NOTIFICATION OF APPOINTMENT BY OFFICE OF THE MAYOR TO BOARD OR COMMISSION TO: THROUGH: BY: X Name: Address: Phone: Appointed to: Term: City Council Todd Stermer, City Clerk Jerry P. Dyer, Mayor Reappointment New Appointment Name of person replaced: Vacant since 2001 (Barrett) Al Moncada Mobile Home Rent Review and Stabilization Commission (Category -At-Large Member) Through 6/30/2025 City Council Agenda 8/24/2023 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1234 Agenda Date:8/24/2023 Agenda #: 1.-G. REPORT TO THE CITY COUNCIL FROM:AARON A. AGUIRRE, Director Parks, After School, Recreation and Community Services Department BY:SHELBY MACNAB, Business Manager Parks, After School, Recreation and Community Services Department CECELIA JIMMEYE, Senior Management Analyst Parks, After School, Recreation and Community Services Department SUBJECT ***RESOLUTION - Authorizing the City Manager or Designee to apply for a $500,000 grant from the California Strategic Growth Council to fund community resilience center planning and execute any grant related documents on behalf of the City (Citywide) (Subject to Mayor’s Veto) RECOMMENDATIONS Staff recommends that the City Council authorize the City Manager or designee to apply for a $500,000 planning grant from the California Strategic Growth Council to fund community resilience center planning and execute any grant related documents on behalf of the City. EXECUTIVE SUMMARY Staff is requesting authorization to apply for a $500,000 planning grant from the California Strategic Growth Council to fund community resilience center planning. Funding will enable a consultant- facilitated community-led planning and feasibility study process. The resulting plan will enable the City to apply for construction funding in future rounds of the Community Resilience Center Grant Program. Authorization is also requested to allow the City Manager or designee to execute all related documents on behalf of the City. BACKGROUND On May 23, 2023, the California Strategic Growth Council released the Notice of Funding Availability (NOFA) for round one of the Community Resilience Center Grant Program. The grant program provides funding for planning, site preparation, new construction or retrofit of facilities to serve as community resilience centers that mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change. Community Resilience Centers are intended to offer year-round programming, cooling and warming services and space that can be activated during emergency response. Similar to the Transformative Climate Communities program, the Community City of Fresno Printed on 8/28/2023Page 1 of 3 powered by Legistar™ 88/24/2023/24/2023 NE/MA 6-0 R. 2023-234 MK ABSENT6-0 File #:ID 23-1234 Agenda Date:8/24/2023 Agenda #: 1.-G. emergency response.Similar to the Transformative Climate Communities program,the Community Resilience Center Grant Program requires a collaborative stakeholder structure and shared decision making with community members and community-based organization partners. A total of $98.6 million is available for competitive awards across three grant types which include planning,project development and implementation.Staff is seeking $500,000 in grant funding for community resilience center planning.Planning grants are intended to help communities in the initial stages of project development by funding planning and pre-development,community engagement and coordination,site preparation,feasibility studies and other activities necessary to prepare for future rounds of funding.A total of $5 million is available for planning grants with awards ranging from $100,000 to $500,000.Final applications for planning grants are due September 18,2023,and awards will be announced December 14, 2023. The planning process will include needs assessments,community engagement,establishment of a collaborative stakeholder structure within the first year of grant award,partnerships with community based organizations,the identification of one or more potential locations for new or retrofit Community Resilience Center(s),concept designs and a feasibility study.Community engagement will be multilingual,culturally relevant and include best practice strategies such as door-to-door outreach to seek neighborhood level input. To maximize grant competitiveness,all community centers located within areas prioritized for funding by the Community Resilience Center grant program will be included in the proposed planning area. Priority areas include census tracts that are identified as disadvantaged by the California Environmental Protection Agency or considered low-income as designated by the California Department of Housing and Community Development.The proposed location(s)for retrofit or new construction of community resilience facilities will be finalized based on community input collected within the first six months of the planning process. The City Attorney’s Office has reviewed and approved all associated items as to form. ENVIRONMENTAL FINDINGS A resolution applying for grant funding 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 grant application will not result in direct or indirect physical changes in the environment. LOCAL PREFERENCE Local preference is not applicable as this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT There is no impact to the General Fund.Future appropriations will be included as part of the annual budgeting process if grant funding is awarded. There are no match requirements. City of Fresno Printed on 8/28/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1234 Agenda Date:8/24/2023 Agenda #: 1.-G. Attachments: Resolution Proposed Project Area Map City of Fresno Printed on 8/28/2023Page 3 of 3 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 AUTHORIZE THE CITY MANAGER OR DESIGNEE TO APPLY FOR A $500,000 GRANT FROM THE CALIFORNIA STRATEGIC GROWTH COUNCIL TO FUND COMMUNITY RESILIENCE CENTER PLANNING AND EXECUTE ANY GRANT RELATED DOCUMENTS ON BEHALF OF THE CITY. WHEREAS, the California Strategic Growth Council released a notice of funding availability for the Community Resilience Center Grant Program on May 23, 2023; and WHEREAS, A total of $98.6 million is available for competitive grant awards across three grant types which include planning, project development and implementation; and WHEREAS, planning grants are intended to help communities in the initial stages of project development by funding planning and pre-development, community engagement and coordination, site preparation, feasibility studies and other activities necessary to prepare for future rounds of funding; and WHEREAS, the City of Fresno is disproportionately impacted by extreme weather conditions and is seeking funding to facilitate a community-led, consultant facilitated planning process. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1.The Fresno City Council authorizes the City Manager or designee to apply for a planning grant from the Community Resilience Center Grant Program and execute any related documents on behalf of the City of Fresno. 2 of 2 2. The Fresno City Council authorizes the City Manager to accept grant funding on behalf of the City of Fresno should the grant application be awarded. 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 Senior Deputy City Attorney "in ., Community Resilience Center Project Area .c: (.) copper 'O "' Nees Alluvial Sierra Bullard Barstow Shaw Gettysburg Ashlan Dakota Shields Clinton McKinley Olive Belmont Nielsen 'O C: "' C: � C: "' �cc 'O C: C: � "' "'., � Q._ .,>.,"' "' .c: ., C: t': :a >-� � "' z co � ., ::E cc � "' "' -� ., > � " "' ;---I 2 LL 'p ... �. ) r t ..... I Pinedale� : : .. : : .. -+ [ International Behymer Perrin L Shepherd Teague Nees Alluvial Herndon Sierra Bullard Barstow Shaw .c: � u "' "' ., ;!: Q._., C: � "' ., ID � ·� -� '§ e u (1_ "in C: C:E ::, � en 'E cc � Whites Bridge C) :c (.) ··:: ,ijiiiiiiiii�i�� .. ..:! Legend Kearney� cc California ................................................................ Church Jensen •PARCS Community Center [:3 Disadvantaged Community* Low-Income Community** K:\GIS\PARCS_2024'tCentets\Oisactvantagedlowlncome.apoc cc Annadale North Muscat ................... .... .-................ .......... ........ . "' "'1ii t': .1!l "' �2 O> :c ·,,,t O>E w ., C. � !,:: Malaga � g .c: "' "' � ·� ., ., �u ;!: 'O "' � a. ., "' u ·.;; E i > E Q._ C: LL � C: C: � en Note: Low-income communities and households are defined as the census tracts and households, respectively, that are either at or below 80 percent of the statewide median income, or at or below the threshold designated as low-income by the California Department of Housing and Community Development's (HCD) Revised 2021 State Income Limits. This map is believed to be an accurate representation of the City of Fresno GIS data, however we make no warranties either expressed or implied for correctness of this data. *Disadvantaged Community designation per Senate Bill (SB) 535 **Low-Income Community designation per Assembly Bill (AB) 1550 &1712023 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1235 Agenda Date:8/24/2023 Agenda #: 1.-H. REPORT TO THE CITY COUNCIL FROM:AARON A. AGUIRRE, Director Parks, After School, Recreation and Community Services Department BY:SHELBY MACNAB, Business Manager Parks, After School, Recreation and Community Services Department SUBJECT Actions pertaining to a grant agreement between the City of Fresno and the Cecil C. Hinton Community Center, a Non-Profit Corporation (District 3): 1. *** RESOLUTION - A Resolution of the Council of the City of Fresno adopting the 11 th Amendment to the Annual Appropriation Resolution NO. 2023-185 reallocating $500,000 in General Fund and American Rescue Plan Act-ARPA (Revenue Replacement) Funding Between the Echo Paving McKinley to Olive Project and the Hinton Center Renovations (Requires five affirmative votes) (Subject to Mayor’s Veto) 2. Approve a two-year, $500,000 Grant Agreement between the City of Fresno and the Cecil C. Hinton Community Center non-profit for the Hinton Center Project 3. Authorize the City Manager or designee to execute all grant related documents on behalf of the City RECOMMENDATION Staff recommends that the Fresno City Council adopts the 11 th Amendment to the Annual Appropriation Resolution (AAR) No. 2023-185 to appropriate $500,000 for the Cecil C. Hinton Community Center Project; approve a two-year, $500,000 grant agreement between the City of Fresno and the Cecil C. Hinton Community Center non-profit for the Hinton Center Project and authorize the City Manager or designee to execute all grant related documents on behalf of the City. EXECUTIVE SUMMARY The City of Fresno Fiscal Year 2024 budget appropriated $500,000 in grant funding for the Hinton Center Project. This item amends the Fiscal Year 2024 budget by transferring the funding appropriation from ARPA to the General Fund. Staff are seeking approval and authorization to enter into a grant agreement with the Cecil C. Hinton Community Center, a non-profit organization who will oversee the Hinton Center Project BACKGROUND The Cecil C. Hinton Center (Hinton Center) is located in southwest Fresno at 2385 S. Fairview City of Fresno Printed on 8/28/2023Page 1 of 2 powered by Legistar™ 88/24/2023/24/2023 AP/MA 6-06-0 LC ABSENT R. 2023-235. 2023-235 APPROVED ON CONSENT File #:ID 23-1235 Agenda Date:8/24/2023 Agenda #: 1.-H. The Cecil C.Hinton Center (Hinton Center)is located in southwest Fresno at 2385 S.Fairview Avenue and was opened in 1965.In April 2023,the Hinton Center was temporarily closed due to needed improvements.The City of Fresno’s Fiscal Year 2024 budget appropriated $500,000 to the Cecil C.Hinton Community Center,a non-profit corporation for the Hinton Center Project.The goal of the Hinton Center Project is to develop “shovel-ready”design plans to rebuild the Hinton Center. During the Fiscal Year 2023 budget hearings,the Fresno City Council voted,pursuant to Motion #71 to allocate $500,000 for Hinton Center Renovations.Funding for this grant was originally appropriated from ARPA.The 11th Amendment to the Annual Appropriation Resolution NO.2023-185 will reallocate $500,000 in General Fund and American Rescue Plan Act-ARPA (Revenue Replacement)Funding Between the Echo Paving McKinley to Olive Project and the Hinton Center Renovations project.This reallocation will have no impact on the Echo Paving McKinley to Olive Project. The grant agreement will provide $500,000 over a two-year period to fund community engagement, construction plan development,grant writing services,environmental,demolition and security services,and overhead costs to enable future reconstruction of the Hinton Center.The Hinton C. Cecil Community Center non-profit has sought funding for environmental studies and abatement from the United States Environmental Protection Agency (EPA)and will seek funding for the construction phase of the project from grants and donations.Up to 25%of the grant award ($125,000)can be provided upfront to enable work to begin rapidly.The grant agreement will be managed by the PARCS Department. 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 The Cecil C. Hinton Community Center non-profit is located within the City of Fresno. FISCAL IMPACT Funding for this item comes from the General Fund, as appropriated under AAR No. 2023-185. Attachments: Resolution - AAR 2023-185 Grant Agreement City of Fresno Printed on 8/28/2023Page 2 of 2 powered by Legistar™ Date Adopted: 1 of 3 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 11th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2023-185 REALLOCATING $500,000 IN GENERAL FUND AND AMERICAN RESCUE PLAN ACT-ARPA FUNDING BETWEEN THE ECHO PAVING MCKINLEY TO OLIVE PROJECT AND THE HINTON CENTER RENOVATIONS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2023-185 be and is hereby amended as follows: Increase/(Decrease) TO: PARKS, AFTER SCHOOL, RECREATION & COMMUNITY SERVICES DEPARTMENT General Fund $ 500,000 American Rescue Plan Act-ARPA (500,000) TO: PUBLIC WORKS DEPARTMENT General Fund $ (500,000) American Rescue Plan Act-ARPA 500,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: General Fund Appropriations: Account String: 1000-1001-9999-000-658200-17-4-0000-0000- $ 500,000 Project String: 179900280 Total Appropriations $ 500,000 Account String: 1000-1001-9999-000-658200-20-5-0000-0000- $ (500,000) Project String: 209900401-PROJMGMT-N/A-1001NONPER Total Appropriations $ (500,000) American Rescue Plan Act-ARPA Appropriations: Account String: 2000-2041-9999-000-658200-17-4-0000-0000- $ (500,000) 2 of 3 Project String: 179900280-HINTON-IMPROVE-2041NONPER Total Appropriations $ (500,000) Account String: 2000-2041-9999-000-658200-20-5-0000-0000- $ 500,000 Project String: 209900401 Total Appropriations $ 500,000 THAT the purpose is to reallocate $500,000 in General Fund and American Rescue Plan Act-ARPA funding between the Echo Paving McKinley to Olive Project and the Hinton Center Renovations. 3 of 3 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 Page 1 of 26 GRANT AGREEMENT BETWEEN THE CITY OF FRESNO AND THE CECIL C. HINTON COMMUNITY CENTER A NON-PROFIT CORPORATION REGARDING FUNDING FOR THE HINTON CENTER PROJECT THIS GRANT AGREEMENT (AGREEMENT) is made and entered into effective upon execution by both parties on August 24, 2023 (the Effective Date), by and between the CITY OF FRESNO (the CITY), and the CECIL C. HINTON COMMUNITY CENTER, a California Non-Profit Corporation (the GRANTEE), to provide funding for the Hinton Center Project (PROJECT). RECITALS WHEREAS, The Cecil C. Hinton Community Center was constructed in 1965; and WHEREAS, the City Council appropriated funding to the GRANTEE for this PROJECT to expand access to Community Resources in the City of Fresno; and WHEREAS, the GRANTEE acknowledges that grant funds provided under this AGREEMENT will be derived from the City of Fresno General Fund, and is subject to the requirements of the Fresno Municipal Code; and WHEREAS, the GRANTEE represents it desires to and is professionally and legally capable of completing the scope of work outlined in this AGREEMENT ; and WHEREAS, this AGREEMENT will be administered for the CITY by its Parks, After School, Recreation and Community Services (PARCS) Director or their 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. The GRANTEE shall perform to the satisfaction of the CITY the scope of work described in Exhibit A, including all work incidental to, or necessary to perform, such scope even though not specifically described in Exhibit A. 2. Grant Amount. The CITY shall provide the GRANTEE the amount of $500,000 for the PROJECT described in Exhibit A. Of this total, the GRANTEE may request that up 25% of the total grant amount be provided as a one-time upfront payment to enable work to begin. The remaining funding shall be distributed on a reimbursement basis for eligible costs incurred as described in section 5. (a) Reimbursement for Program Activities. i. This award may include an upfront payment of up to $125,000 to the GRANTEE to allow work to begin immediately. The GRANTEE may exercise this option by submitting a request for upfront payment in writing to PARCSContracts@Fresno.gov. An invoice template will be provided and will require supporting documentation for all eligible expenses. DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 2 of 26 ii. For the aforementioned PROJECT, the CITY agrees to reimburse the GRANTEE solely from allocated and available funds. Compensation for satisfactory performance of all services required or rendered pursuant to this AGREEMENT for eligible costs incurred by the GRANTEE in pursuit hereof, shall be reimbursed in an amount not to exceed $500,000, less any upfront payment. iii. Detailed itemized invoice statements shall be submitted to the CITY by GRANTEE quarterly by the 15th of the month for services performed in the preceding quarter and will be payable in the normal course of the CITY's business. An invoice template will be provided and will require supporting documentation for all eligible expenses. iv. Timesheet or contracted services documentation will be required for all funded staff positions. v. Payment of grant funds to the GRANTEE shall be contingent on the CITY’S receipt of an undisputed invoice and any reports and substantiation materials required by the CITY. 3. Term of Agreement and Time for Performance. (a) This AGREEMENT shall be effective for two (2) years from the Effective Date through August 24, 2025, subject to earlier termination in accordance with this AGREEMENT. The services as described in Exhibit A are to commence upon the Effective Date and shall be completed prior to expiration of this AGREEMENT and in accordance with any performance schedule set forth in Exhibit A. (b) The CITY may exercise the option to extend the AGREEMENT for an additional year at the sole discretion of the City Manager or their designee. Any extensions to the term of the AGREEMENT must be made by written amendment to the AGREEMENT signed by an authorized representative for each party. 4. Project Amendments. (a) The CITY will consider project amendments and budget modifications between line items, including changes to the awarded scope of services to maximize the overall benefits to the community. Any change in the scope of services must be requested in writing and submitted to PARCSContracts@ Fresno.gov. The written request for an amendment must be signed by an authorized representative of the GRANTEE. (b) The written request shall include: An explanation of the proposed scope change Reason(s) for the proposed scope change Impact the proposed scope change will have on the original scope Impact the proposed scope change will have on the overall cost, budget, timeline and proposed deliverables. DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 3 of 26 (c) Requests for any amendments shall be reviewed by the City Manager or their designee. The CITY will review all written requests and respond with an approval or denial for amendment within 30 calendar days of receipt. (d) The GRANTEE shall not be entitled to any additional compensation if services are performed prior to an approval notice from the CITY. (e) If the GRANTEE should fail to comply with any provision of the AGREEMENT, the CITY shall be relieved of its obligation for further compensation. 5. Termination, Remedies and Force Majeure. (a) This AGREEMENT shall terminate without any liability of the CITY or to the GRANTEE upon the earlier of: (i) the GRANTEE filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the GRANTEE; (ii) seven calendar days prior written notice with or without cause by the CITY to the 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) If the GRANTEE should fail to comply with any provision of the AGREEMENT, the CITY shall be relieved of its obligation for further compensation. Immediately upon any termination or expiration of this AGREEMENT, the 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 unearned payments and all properties and materials in the possession of the GRANTEE that are owned by the CITY. Subject to the terms of this AGREEMENT, the GRANTEE shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The GRANTEE shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the GRANTEE to satisfactorily perform in accordance with the terms of this AGREEMENT, the CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the CITY's damages caused by such failure. In no event shall any payment by the CITY pursuant to this AGREEMENT constitute a waiver by the CITY of any breach of this AGREEMENT which may then exist on the part of the 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 f or convenience. DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 4 of 26 (e) The GRANTEE shall provide the CITY with adequate written assurances of future performance, upon the Administrator’s request, in the event the GRANTEE fails to comply with any terms or conditions of this AGREEMENT. (f) The GRANTEE shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the GRANTEE and without its fault or negligence such as, acts of God or the public enemy, acts of the CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The GRANTEE shall notify the CITY in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the f ull particulars in connection 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. (g) Events of Default. When in the opinion of the 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. i. An illegal or improper use of funds. ii. A failure to comply with any term, covenant or condition of this AGREEMENT. Report(s) are submitted to the CITY which are incorrect or incomplete in any material respect. iii. The services required hereunder are incapable of or are improperly being performed by the GRANTEE. iv. Refusal of the GRANTEE to accept change under Section 18. v. The GRANTEE fails to maintain any required insurance. vi. There is a loss of third-party funding (see Section 5 above). vii. The GRANTEE’s breach of any other material condition, covenant, warranty, promise or representation contained in this AGREEMENT not otherwise identified within this Section. (h) Upon the occurrence of an Event of Default, the CITY shall give written notice to the GRANTEE 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 the 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 calendar days from the date of the notice, by which such deficiency must be cured. 6. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by the GRANTEE pursuant to this AGREEMENT shall not be made available to any individual or organization by the GRANTEE without the prior written approval of the CITY. During the term of this AGREEMENT, and thereafter, the GRANTEE shall not, without the prior written consent of the CITY, disclose to anyone any Confidential Information. (b) The term "Confidential Information" for the purposes of this AGREEMENT shall include all proprietary and confidential information of the CITY, DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 5 of 26 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. (c) Any and all writings and documents prepared or provided by the GRANTEE pursuant to this AGREEMENT are the property of the CITY at the time of preparation and shall be turned over to the CITY upon expiration or termination of the AGREEMENT. The GRANTEE shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (d) If the GRANTEE should subcontract all or any portion of the services to be performed under this AGREEMENT, the GRANTEE shall cause each subcontractor to also comply with the requirements of this Section 6. (e) 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 the GRANTEE represents to the CITY that the 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 the GRANTEE or any subcontractors from said professional standards. 8. Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, GRANTEE shall indemnify, defend and hold harmless CITY and each of its officers, officials, employees, agents, and volunteers from any and all claims, demands, actions in law or equity, loss, liability, fines, penalties, forfeitures, interest, costs including legal fees, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, property damage, or loss of any type) arising or alleged to have arisen directly or indirectly out of (1) any voluntary or involuntary act or omission, (2) error, omission or negligence, or (3) the performance or non-performance of this Contract . GRANTEE'S obligations as set forth in this section shall apply regardless of whether CITY or any of its officers, officials, e mployees, 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 the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers. To the fullest extent allowed by law, and in addition to the express duty to indemnify, GRANTEE, whenever there is any causal connection between the GRANTEE’s performance or non-performance of the work or services required under this Contract and any claim or loss, injury or damage of any type, GRANTEE expressly agrees to undertake a duty to defend CITY and any of its officers, officials, employees, agents, or volunteers, as a separate duty, independent of and broader that the duty to indemnify. The duty to DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 6 of 26 defend as herein agreed to by GRANTEE expressly includes all costs of litigation, attorneys fees, settlement costs and expenses in connection with claims or litigation, whether or not the claims are valid, false or groundless, as long as the claims could be in any manner be causally connected to GRANTEE as reasonably determined by CITY. Upon the tender by CITY to GRANTEE, GRANTEE shall be bound and obligated to assume the defense of CITY and any of its officers, officials, employees, agents, or volunteers, including the a duty to settle and otherwise pursue settlement negotiations, and shall pay, liquidate, discharge and satisfy any and all settlements, judgments, awards, or expenses resulting from or arising out of the claims without reimbursement from CITY or any of its officers, officials, employees, agents, or volunteers. It is further understood and agreed by GRANTEE that if CITY tenders a defense of a claim on behalf of CITY or any of its officers, officials, employees, agents, or volunteers and GRANTEE fails, refuses or neglects to assume the defense thereof, CITY and its officers, officials, employees, agents, or volunteers may agree to compromise and settle or defend any such claim or action and GRANTEE shall be bound and obligated to reimburse CITY and its officers, officials, employees, agents, or volunteers for the amounts expended by each in defending or settling such claim, or in the amount required to pay any judgment rendered therein. The defense and indemnity obligations set forth above shall be direct obligations and shall be separate from and shall not be limited in any manner by any insurance procured in accordance with the insurance requirements set forth in this Contract. In addition, such obligations remain in force regardless of whether CITY provided approval for, or did not review or object to, any insurance GRANTEE may have procured in accordance with the insurance requirements set forth in this Contract. The defense and indemnity obligations shall arise at such time that any claim is made, or loss, injury or damage of any type has been incurred by CITY, and the entry of judgment, arbitration, or litigation of any claim shall not be a condition precedent to these obligations. The defense and indemnity obligations set forth in this section shall survive termination or expiration of this Contract. If GRANTEE should subcontract all or any portion of the work to be performed under this Contract, GRANTEE shall require each subcontractor to Indemnify, h old harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms as set forth above. This section 8 shall survive termination or expiration of this AGREEMENT. 9. Insurance. The GRANTEE shall comply with all of the insurance requirements in Exhibit B to this AGREEMENT. Failure to comply and maintain the appropriate insurance may result in immediate termination of the AGREEMENT. 10. Conflict of Interest and Non-Solicitation. (a) Prior to the CITY's execution of this AGREEMENT, the GRANTEE shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this AGREEMENT, the GRANTEE shall have the obligation and duty to immediately notify the CITY in writing of any change to the information provided by the GRANTEE in such statement. DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 7 of 26 (b) The 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, the GRANTEE shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the GRANTEE and the respective subcontractor(s) are in full compliance with all laws and regulations. The 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, the GRANTEE shall immediately notify the CITY of these facts in writing. (c) In performing the work or services to be provided hereunder, the 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 the CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The GRANTEE represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or in direct, to solicit or procure this AGREEMENT or any rights/benefits hereunder. (e) Neither the GRANTEE, nor any of the GRANTEE’s subcontractors performing any services on this PROJECT, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this PROJECT unless fully disclosed to and approved by the City Manager, in advance and in writing. The 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 laws 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, the GRANTEE shall remain responsible for complying with Section 10(b), above. (f) If the GRANTEE should subcontract all or any portion of the work to be performed or services to be provided under this AGREEMENT, the 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. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the CITY within the body of this AGREEMENT, and not otherwise specifically provided for, shall be effective only if signed by the City Manager or designee. DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 8 of 26 (b)Prior to execution of this AGREEMENT by the CITY, the GRANTEE will permit the CITY staff to conduct a subrecipient risk assessment. Failure to allow the CITY staff to conduct this subrecipient risk assessment (EXHIBIT D) may result in the CITY terminating this AGREEMENT in accordance with Section 5 Additionally, the GRANTEE’s failure to be certified by the 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. (c)Any portion of the program funded with public funds shall not require participants to take part in any activity or exercise intended to advance or promote religion, in compliance with the Article I, Section 1 of the California Constitution. 12.Financial Reporting, Auditing and Document Retention. (a)The GRANTEE agrees to permit the CITY staff to conduct one performance review during the term of this AGREEMENT. The 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. (b)Records of the 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 the GRANTEE’s performance metrics shall be made available and retained for the same time periods as the PROJECT’s expense data. If the GRANTEE fails to provide the CITY staff access or documentation necessary to conduct a CITY-requested performance review, The CITY may terminate this AGREEMENT in accordance with Section 5. (c)In addition, all books, documents, papers, and records of the 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 made available to the CITY until such action is resolved, or until the end of said time period, whichever shall later occur. If the GRANTEE should subcontract all or any portion of the services to be performed under this AGREEMENT, the 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. (d)Prior to execution of this AGREEMENT by the CITY, the 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 the GRANTEE should subcontract all or any portion of the work or services to be performed under this AGREEMENT, the 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. (e)Prior to execution of this AGREEMENT by the CITY, the GRANTEE must disclose Program Funding Award & Pending Applications whether it has (or is DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 9 of 26 proposed as a sub-recipient under) any pending applications for funded grants or cooperative agreements that (1) include requests for funding to support the same scope being proposed in this AGREEMENT, and (2) would cover any identical cost items outlined in the budget submitted to City of Fresno as part of the application under this AGREEMENT. The contractor is to disclose applications made directly to a warding agencies, and also applications for subawards funds (e.g., applications to Private Foundations, State agencies that will subaward (subgrant) federal funds). (f) The GRANTEE shall calculate, document and record the organization’s program income, if applicable. Federal Uniform guidance outlines the requirements that pertain to program income at 2 CFR 200.307. Recipients may add program income to their Federal award. The program income must be used for the purposes and under the conditions of the Federal award. 13. Nondiscrimination. (a) To the extent required by controlling federal, state, and local law, the GRANTEE shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religi ous 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 duri ng the performance of this AGREEMENT, the GRANTEE agrees as follows: (b) The 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. (c) The 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. The 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 the 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. The GRANTEE agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (d) The GRANTEE will, in all solicitations or advertisements for employees placed by or on behalf of the GRANTEE in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 10 of 26 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. (e) The 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. (f) If the GRANTEE should subcontract all or any portion of the services to be performed under this AGREEMENT, the GRANTEE shall cause each subcontractor to also comply with the requirements of this Section 15. 14. Independent Contractor. (a) In the furnishing of the services provided for herein, the GRANTEE is acting solely as an independent contractor. Neither the 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 the GRANTEE shall perform its work and functions. However, the CITY shall retain the right to administer this AGREEMENT so as to verify that the 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 the GRANTEE and the CITY. The 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, the GRANTEE shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the GRANTEE and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the CITY employees. The 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, the GRANTEE shall be solely responsible, indemnify, defend and save the CITY harmless from all matters relating to employment and tax withholding for and payment of the GRANTEE’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the CITY’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, the GRANTEE may be providing services to others unrelated to the CITY or to this AGREEMENT. 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 DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 11 of 26 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 sufficient ly served or given at the time of the mailing thereof. Notices may also be delivered via email with written confirmation of receipt. 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 the GRANTEE and there shall be no assignment by the GRANTEE of its rights or obligations under this AGREEMENT without the prior written approval of the City Manager or designee. Any attempted assignment by the GRANTEE, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b)The GRANTEE hereby agrees not to assign the payment of any monies due to the 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 providing the services required under this AGREEMENT, the 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 agenci es, now in force and as they may be enacted, issued, or amended during the term of this AGREEMENT. 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. 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. DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 12 of 26 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 cum ulative 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 the GRANTEE. 30.The City Manager, or designee, is hereby authorized and directed to execute and implement this AGREEMENT. [SIGNATURES FOLLOW ON NEXT PAGE] DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 13 of 26 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: _________________________ Aaron A. Aguirre Date PARCS Director, City of Fresno APPROVED AS TO FORM: ANDREW JANZ City Attorney By: _________________________ Angela M. Karst Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: _________________________ Deputy Date CECIL C. HINTON COMMUNITY CENTER, a California nonprofit corporation By: Debbie J. Darden Chief Executive Officer By: Ronald B. Tatum, III Secretary Addresses: CITY: City of Fresno Attention: Aaron Aguirre, Director Parks, After School, Recreation and Community Services 1515 Divisadero Street Fresno, CA 93721 Phone: (559) 621-2900 FAX: (559) 475-1575 Email:PARCSContracts@Fresno.gov CECIL C. HINTON COMMUNITY CENTER Attention: Address: P.O. Box 12143 Fresno, CA 93776 Phone: (559) 287-1308 Email: Debbiejdarden@gmail.com Attachments: 1.Exhibit A – Scope of Work, Schedule, Budget and Deliverables 2.Exhibit B – Insurance Requirements 3.Exhibit C – Conflict of Interest Disclosure Form 4.Exhibit D – Risk Assessment DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 14 of 26 EXHIBIT A SECTION I - SCOPE OF WORK, SCHEDULE, BUDGET & DELIVERABLES Task #1 – Grant Writer……………………………………………………….$30,000 Grantee to hire a grant writer to seek funding for Cecil C. Hinton Community Center project. Deliverable(s): Grant writer, completed grant proposal(s) Timeline: to be hired within the first 6 months of the agreement. Task #2 – Environmental Analysis, Demolition and Remediation ……$ 10,000 Grant funding from the EPA has been sought to cover these costs. If grant award is not received, a budget modification between task line items may be requested utilizing the PARCS budget Modification form which can be requested by emailing PARCSContracts@Fresno.gov. Deliverable(s): completion of all required environmental studies, demolition and remediation. Timeline: to be completed by end of grant term. Task #3 – Design Plans and Construction Documents………………. $360,000 Grantee to work with licensed and qualified subcontractor(s) to prepare the following Design and Construction Deliverables: A. “30%” Schematic Design Plans including, but not limited to: Analysis of existing conditions, utilities and land use . Proposed floorplan, elevations and conceptual design renderings. Proposed scope, schedule and preliminary estimate of construction costs. B. “60%-90%” Design Development Plans including, but not limited to: Design plans and specifications including identification of materials, finishes and any required site work in compliance with development codes. DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 15 of 26 Detailed cost estimates including line items, quantities and unit costs. Architectural, structural, electrical, plumbing, landscape, parking and mechanical drawings Identification of all required permits. C. “100% Design” Construction Documents including, but not limited to: Stamped architectural, structural, electrical, plumbing, landscape, parking and mechanical plans and specifications suitable for plan submittal, permitting and construction. A detailed cost estimate including line items, quantities and unit costs. A detailed construction schedule. D. Plan check and any associated fees are eligible costs. Timeline: to be hired within the first 6 months. Design plans to be complete by the end of the contract term. Task #4– Community Outreach and Security…...………………………...$50,000 Grantee to facilitate community outreach events, meetings and/or media to collect feedback from the community on the design and vision for Cecil C. Hinton Community Center. Costs to secure the site during the contract term are eligible for reimbursement. Deliverable(s): Community feedback which will be incorporated into the design of the center. Timeline: Ongoing through contract term. Overhead ………………………………………………………………………..$50,000 Overhead costs of up to 10% are eligible for reimbursement. Grand Total……………………………………………………………………$500,000 SECTION II – PAYMENT REQUESTS AND PROGRESS REPORTING 1. Grantee shall submit invoices quarterly along with progress reports. An invoice and quarterly progress reporting template will be provided to the Grantee by the City. DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 16 of 26 2. All invoices shall include a written update describing the progress made toward each deliverable during the period, as well as the total amount of funding requested by task. 3. Up to $125,000 may be requested upfront to enable Grantee to begin work. 4. Invoices shall be submitted to PARCSContracts@Fresno.gov by the deadlines outlined in the payment and reporting schedule. 5. Invoices shall include supporting documentation such as receipts, estimates, agreements, quotes, contracts, design plans, timesheets and other materials as requested. 6. The amount of grant funding paid to the Grantee for Task #3 - Design Plans and Construction Documents shall be paid commiserate to the relative progress toward plan completion. For example, a maximum of 30% of grant funds may be released for plans that reflect 30% design, should invoices submitted exceed 30% of the funding available for Task #3 . The City shall not release a payment for grant funds that is greater than demonstrated progress toward 100% construction plans unless written approval from the City Manager is received. SECTION III – PAYMENT SCHEDULE Period Costs Incurred Invoice Due Dates Invoice for upfront payment for costs between August 24, 2023 - December 31, 2023 September 15, 2023 Report of actual expenditures due on January 15, 2024 January – March 2024 April 15, 2024 April – June 2024 July 15, 2024 July – September 2024 October 15, 2024 October- December 2024 January 15, 2025 January – March 2025 April 15, 2025 April – June 2025 July 15, 2025 July – August 2025 August 24, 2025 DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 17 of 26 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 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, GRANTEE 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 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 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, contractors, sub-consultants, 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 DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 18 of 26 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, 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) $2,000,000 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. DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 19 of 26 4. CONTRACTOR’S POLLUTION LEGAL LIABILITY with coverage for bodily injury, property damage or pollution clean -up costs that could result from of pollution condition, both sudden and gradual. Including a discharge of pollutants brought to the work site, a release of pre-existing pollutants at the site, or other pollution conditions with limits of liability of not less than the following: (i) $1,000,000 per occurrence or claim; and, (ii) $2,000,000 general aggregate per annual policy period. (a) In the event this Agreement involves the transportation of hazardous material, either the Commercial Automobile policy or other appropriate insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by GRANTEE pursuant to the Agreement. 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 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, its 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 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, its officers, officials, employees, agents and volunteers; or (ii) GRANTEE 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: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 20 of 26 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. 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 (15) calendar days prior to the expiration date of the expiring policy. (ii) In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy. (iii) The Commercial General, Pollution and Automobile Liability insurance policies shall be written on an occurrence form. (iv) The Commercial General, Pollution and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured. GRANTEE shall establish additional insured status for the City and for all ongoing and completed operations under both Commercial General and Pollution 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. (v) The Commercial General, Pollution and Automobile Liability insurance shall contain, or be endorsed to contain, that the GRANTEES’ insurance shall be primary to and require no contribution from the City. The Commercial General and Pollution Liability policies are 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, DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 21 of 26 employees, agents and volunteers. If GRANTEE 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 GRANTEE. (vi) 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. (vii) For any claims related to this Agreement, GRANTEE’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 GRANTEE’S insurance and shall not contribute with it. (viii) 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. (ix) The Commercial General, Pollution and Automobile Liability insurance policies shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers. 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 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, 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. CLAIMS-MADE POLICIES If the Professional Liability policy is written on a claims-made coverage form: (i) The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by GRANTEE. DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 22 of 26 (ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or termination of the Agreement, whichever first occurs. (iii) 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 work commencement date, GRANTEE must purchase “extended reporting” period coverage for a minimum of five (5) years after completion of the work or termination of the Agreement, whichever first occurs. (iv) A copy of the claims reporting requirements must be submitted to CITY for review. (v) These requirements shall survive expiration or termination of the Agreement. SUBCONTRACTORS If GRANTEE subcontracts any or all of the services to be performed under this Agreement, GRANTEE 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, GRANTEE will be solely responsible for ensuring that its subcontractors maintain insurance coverage meeting the requirements herein. DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 23 of 26 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) DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Fresno, CA 93706 Debbie J. Darden Cecil C Hinton Center 2385 S. Fairview Ave 8/15/2023 Page 24 of 26 Exhibit D – Risk Assessment The Risk Assessment shall be completed and provided to the City of Fresno PARCS Department by September 15, 2023. Information contained within the Risk Assessment is collected for contract compliance purposes. Grantee Contact Information Full Legal Organization/Business Name: Address: City, State, Zip: Telephone number: E-mail address: Website: How long has your organization been in business? Number of employees: EIN (Employee ID Number): Organization fiscal year range: Grantee Type of Organization (select one): Government Nonprofit corporation Other corporation Individual Grantee Personnel Contact Information Name: Title: Telephone Number: E-mail Address: Attachments: Please attach the following or check N/A if not applicable. Document Attached N/A a. IRS Determination Letter (granting income tax exemption under IRC § 501(c)(3)) DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 25 of 26 b. Form 990 or 990-EZ from the last two (2) years, including Form 990-T and all supporting schedules and attachments c. List of all awards to Service Provider from City of Fresno during the last two (2) years 1. Has your agency operated with or managed grant funds (within the last 3 years)? Yes No 2. Has your agency’s annual financial statements been audited by an independent audit firm? If yes, provide a copy of the statement from the last fiscal year. Yes No 3. If the answers to Questions 2 or 3 is yes, were there any findings or questioned costs in the last two (2) fiscal years? If yes, please explain any findings or questioned costs. Yes No Not Applicable Explanation (if applicable): 4. Are all payments properly documented with evidence or receipt of goods or performance of services? Yes No 5. Has your agency had any significant changes in key personnel within the past 12 months? (e.g., Controller, Exec. Director, Program Manager, Accounting Manager, etc.) If yes, please explain. Yes No Explanation (if applicable): DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 Page 26 of 26 6. Does your agency have policies that address the following? If yes, please provide a copy. Ethics/Professional Conduct Yes No Pay Rates and Benefits Yes No Discrimination Yes No Purchasing/Procurement Yes No Property and Equipment Yes No Segregation of Duties Yes No Record Retention Yes No 7. Does your agency certify that they are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal or State department or agency? Yes No By its authorized signatory below, your agency hereby certifies and attests to the accuracy of the above responses and all corresponding information has been transmitted to the City of Fresno PARCS Department. Signature: ______________________________________________________ Printed Name: __________________________________________________ Title: __________________________________________________________ Phone Number: __________________________________________________ Date: ___________________________________________________________ DocuSign Envelope ID: 48AAC5AC-BB84-498C-B1CF-2B1FF5FBBDA3 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1215 Agenda Date:8/24/2023 Agenda #:1.-I. REPORT TO THE CITY COUNCIL FROM:JENNIFER K. CLARK, Director Planning and Development Department BY: PHIL SKEI, Assistant Director Planning and Development Department ERICA CASTANEDA, Project Manager Community Development Division SUBJECT Approve a consultant services agreement with JSA Environmental Consulting in an amount not to exceed $200,000.00 to provide professional lead-based paint inspections, testing, risk assessments, and consultant services for the City’s housing rehabilitation programs. RECOMMENDATION Staff recommends the City Council approve a $200,000.00 two-year consultant services agreement with the option of a one-year extension, with JSA Environmental Consulting to perform specialized lead-based paint services for the City’s housing rehabilitation programs; and authorize the City Manager or designee to sign all necessary implementing agreements as approved to form by the City Attorney. EXECUTIVE SUMMARY The consultant services agreement with JSA Environmental Consulting will allow the Community Development Division to meet the federal Lead Safe Housing Rule (24 CFR Part 35) and the U.S. Environmental Protection Agency (EPA) Lead Renovation, Repair, and Painting Rule (RRP) requirements for all housing built prior to 1978 participating in the City’s housing rehabilitation programs. BACKGROUND The Community Development Division implements federally funded housing rehabilitation programs for owner-occupied homeowners throughout the City of Fresno. The division expects to complete approximately 20-30 projects annually which will require lead inspection and assessment services. Depending on the age and condition of the house and the amount of federal assistance provided for housing rehabilitation repairs certain Lead Safe Housing Rule and EPA requirements apply. These require that a certified lead-based paint inspector risk assessor determine the presence and location of lead-based paint hazards by conducting inspections, risk assessments, and laboratory testing of City of Fresno Printed on 8/28/2023Page 1 of 2 powered by Legistar™ 88/24/2023/24/2023 AP/MA 6-06-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-1215 Agenda Date:8/24/2023 Agenda #:1.-I. of lead-based paint hazards by conducting inspections,risk assessments,and laboratory testing of dust wipe samples to determine the level of lead-based paint on surfaces,soil,and dust found in a home.Only a lead inspector risk assessor certified by the California Department of Public Health can test for lead-based paint and identify lead hazards. On May 24,2023,a Request for Qualifications for consultants interested in providing specialized inspections,testing,clearance,and consulting services for the Community Development Division’s housing rehabilitation programs as needed was released on Planet Bids and published in the Business Journal.Two proposals were received in response to the RFQ by the deadline of June 23, 2023,one from JSA Environmental Consulting and the other from Provost &Pritchard.The qualifications of the respondents were evaluated and scored by a committee of staff from the Community Development and Housing Finance Divisions.The committee determined that JSA Environmental Consulting has the capacity and experience necessary to provide the services outlined in the RFQ,and proposed significantly lower fees that will result in cost savings for repairs of houses participating in the program. Staff recommends entering into a consultant services agreement with JSA Environmental Consulting to provide specialized lead inspections,testing,clearance,and consulting services.The amount of the proposed agreement shall not exceed $200,000.00 over a term of two years,from September 1, 2023, to October 31, 2025, with an option for a one-year extension. ENVIRONMENTAL FINDINGS This is not a “project” for the purpose of CEQA pursuant to CEQA Guidelines. The National Environmental Policy Act broad level environmental review for home repair activities is complete and will require a site-specific tier II review. LOCAL PREFERENCE Local preference is not applicable because of the use of federal funding. FISCAL IMPACT The funding for this agreement is included in the Community Development Block Grant funds allocated to housing rehabilitation programs identified in the Annual Action Plan. Attachment: Consultant Services Agreement with JSA Environmental Consulting City of Fresno Printed on 8/28/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-982 Agenda Date:8/24/2023 Agenda #:1.-J. 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 Actions pertaining to the West Area Neighborhoods Specific Plan: 1. Approve a consultant services amendment with De Novo Planning Group, for professional environmental analysis services related to the West Area Neighborhoods Specific Plan in the amount of $214,353.70. RECOMMENDATION Staff recommends approval of a third amendment to a consultant services agreement with De Novo Planning Group for professional environmental analysis services related to the West Area Neighborhoods Specific Plan (WANSP). EXECUTIVE SUMMARY The Planned Land Use Map for the WANSP has been re-initiated following community outreach and must now undergo environmental analysis to allow the WANSP to be considered for adoption. The City Council first voted to enter a contract with De Novo Planning Group for environmental analysis services on April 4, 2019, and has voted affirmatively on two amendments in successive years. A third amendment in the amount of $214,353.70 is needed to complete the revised environmental impact report (EIR). BACKGROUND On June 27, 2019, the City Council of the City of Fresno adopted Resolution 2019-140 to formally initiate the West Area Neighborhoods Specific Plan. In the following years, staff has held meetings with the community and Steering Committee to shape the development of the Specific Plan document and to hear and consider change requests to the Planned Land Use Map. Prior to the scheduled October 13, 2022, City Council hearing, staff received direction to make modifications to the Planned Land Use Map to increase housing capacity. Staff made proposed City of Fresno Printed on 8/28/2023Page 1 of 2 powered by Legistar™ 8/8/24/202324/2023 AP/MA 6-0 6-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-982 Agenda Date:8/24/2023 Agenda #:1.-J. modifications to the Planned Land Use Map to increase housing capacity.Staff made proposed changes to the Planned Land Use Map that a)upheld the transect model of urban growth -a core component of the Specific Plan and b)increased housing capacity such that the new map would have no net loss of housing capacity from the current General Plan.After additional community outreach, the map was re-initiated on April 25, 2023, and provided to De Novo for evaluation. Due to the extent of changes and technical analysis needed,the timeline for completion of the EIR is estimated to occur in the fall of 2024. Staff recommends approval of the third amendment in the amount of $214,353.70 to complete the revised EIR for the WANSP. ENVIRONMENTAL FINDINGS This is not a project pursuant to CEQA guidelines Section 15378. LOCAL PREFERENCE This is an amendment to a previously awarded contract. FISCAL IMPACT Available funds apportioned from the Local Early Action Planning grant and General Funds are to be used. ATTACHMENT: Consultant Services Agreement - Third Amendment City of Fresno Printed on 8/28/2023Page 2 of 2 powered by Legistar™ 1 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered into effect the 17th day of June 2023, between the City of Fresno, a California municipal corporation (City), and De Novo Planning Group, a California corporation (Consultant). RECITALS WHEREAS, the City and the Consultant entered into an agreement on March 5, 2019, (Agreement) to provide professional planning services for the West Area Neighborhoods Specific Plan (formerly known as the Specific Plan of the West Area) Environmental Impact Report and Infrastructure Financing Plan Project; and WHEREAS, City and Consultant entered into First Amendment, dated January 9, 2021; and WHEREAS, City and Consultant entered into Second Amendment, dated December 9, 2021; and WHEREAS, City and Consultant desire to increase the scope of work by requiring additional services beyond those services referred in the Project, increasing Consultant’s total compensation for satisfactory performance of all service required or rendered pursuant to this Amendment to $214,353.70 and to extend the contract term to December 31, 2024. AGREEMENT NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended as follows: 1. The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall be a total fee of $214,353.70 for a total contract value of $643,959.70. 2. The term of the Agreement shall be extended to December 31, 2024. 3. 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. 4. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on March 5, 2019, and amended on January 9, 2021, and December 9, 2021, remains in full force and effect. DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 2 [Signatures follow on the next page.] DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 3 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: __________________________ Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: __________________________ Deputy Date De Novo Planning Group A California 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: Nadia Salinas Project Manager 2600 Fresno Street, Rm. 3065 Fresno, CA 93721 Telephone No: (559) 621-8150 Email: Nadia.Salinas@fresno.gov CONSULTANT: De Novo Planning Group Attention: Steve McMurty Principal 1020 Suncast Lane, Suite 106 El Dorado Hills, CA 95762 Telephone No: (916) 580-9818 Attachments: Exhibit A – Scope of Work DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 8/9/2023 Principal, CFO Steve McMurtry Principal/CEO 8/9/2023 Ben Ritchie 8/9/2023 DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 WEST AREA NEIGHBORHOODS SPECIFIC PLAN RECIRCULATED EIR & FINANCING PLAN Submitted July 17, 2023 by: In Association With: Kittelson & Associates, Inc., West Yost Associates, MD Acoustics Prepared for: The City of Fresno City of Fresno Planning and Development Department ATTN: Casey Lauderdale, Planner2600 Fresno Street, Room 3065, Fresno, CA 93721 De Novo Planning Group A Land Use Planning, Design, and Environmental Firm EXHIBIT A DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 This page intentionally left blank DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 D e N o v o P l a n n i n g G r o u p A L and U se P lanning, Design, and Environmental Firm DE NOVO PLANNING GROUP 1 020 Suncast Lane, Suite 106 | El Dorado Hills , CA 95762 smcmurtry @denovoplanning.com | (916) 580 -9818 July 17, 2023 Casey Lauderdale, Planner City of Fresno, Long Range Division 2600 Fresno Street, Third Floor, Room 3043 Fresno, CA 93721 SUBJECT: Proposal to prepare a Recirculated Draft Environmental Impact Report for the West Area Neighborhoods Specific Plan, Fresno, California. Dear Ms. Lauderdale, Please find the attached scope of work, budget, and schedule or the work needed to update/modify and recirculate the EIR for the West Area Neighborhoods Specific Plan. Because the changes to the land uses will result in additional units that are not reflected in the current project description, all quantitative analysis will require major revisions (i.e., air quality, noise, traffic, water supply, etc.). For some topics (i.e., biology, cultural resources, etc.) the change of use will not result in any major changes to what has already been prepared and we have included very limited budget to review and update those relevant sections. Within the EIR Scope of Work we have included the following subconsultants: Kittelson & Associates to prepare the traffic study, MD Acoustics to prepare a noise analysis, and West Yost to prepare an SB 610 Water Supply Assessment. Speaking for the entire De Novo Team, we truly appreciate being considered for this project. We trust that the enclosed information is adequate for your evaluation, but should you need anything else, please do not h esitate to contact me at 916-580-9818. Sincerely, Steve McMurtry, Principal DE NOVO PLANNING GROUP, INC. DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 De Novo Planning Group – Fresno WANSP Revised DEIR Proposal De Novo Planning Group i T ABLE OF C ONTENTS TABLE OF CONTENTS I INTRODUCTION 1 EIR SCOPE OF WORK 1 EIR SCOPE - SCHEDULE 7 FEE SCHEDULE 8 DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 De Novo Planning Group – Fresno WANSP Revised DEIR Proposal De Novo Planning Group ii This page intentionally left blank. DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 De Novo Planning Group – Fresno WANSP Revised DEIR Proposal De Novo Planning Group 1 I NTRODUCTION P ROJECT U NDERSTANDING The West Area Neighborhoods Specific Plan is undergoing two updates in order to be brought before City Council for adoption: 1) The Farmland Mitigation Measure must be revised and 2) the Planned Land Use Map must be updated to have no net loss of housing capacity compared with the current General Plan. City staff has proposed an update to the Land Use map, which will add capacity for between ~4,200-4,800 units from the original 2019 map, creating no net loss from the General Plan. This map will need to be finalized in order to begin preparing the Project Description and technical analysis. EIR S COPE OF W ORK T ASK A – P ROJECT I NITIATION Within one week of project commencement, the De Novo team will meet with City Staff to discuss the following: Refinement of project work scope and schedule, City preferences for point of contact, method of communication, meeting responsibilities, project updates, etc., Collection of relevant background documents (adopted documents, reports, and studies), and Project deliverables. T ASK B –P ROJECT D ESCRIPTION De Novo will utilize the framework of the existing project description, but will revise and update the description including text and graphics utilizing the updated Land Use Plan provided by the City staff. This will require a full update to all figures to reflect the latest plan. T ASK C –T ECHNICAL EIR S TUDIES The following is a list of individual technical studies that will be prepared for the project by subconsultants for use in the EIR. We anticipate that these studies will be incorporated into the EIR as chapters, but they may not be standalone reports. • Traffic Analysis • Noise Analysis • Water Supply Assessment Traffic Analysis (Kittelson): 1. Project Management and Coordination: Kittelson will participate in a project kick-off meeting with the City of Fresno and consultant team. The meeting will confirm schedule, scope, and identify the near-term data or information the consultant team needs for the project. We anticipate that this project initiation meeting would be held virtually. Kittelson will participate in conference calls with the city and consultant team at a frequency to be determined (monthly, bi-weekly, etc.). The focus of these calls will be to provide an update regarding ongoing work, identify potential issues that require resolution, and provide a recurring opportunity for the city and/or other consultants to provide our team with feedback to be sure we are meeting or exceeding expectations. 2. Travel Forecasts: Kittelson will perform travel forecasts for the Specific Plan by using the current version of the Fresno County activity-based travel model maintained by the Fresno Council of Governments (Fresno COG). Kittelson will verify and, if needed, obtain the most current versions of the Fresno County travel model from Fresno COG. Kittelson DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 De Novo Planning Group – Fresno WANSP Revised DEIR Proposal De Novo Planning Group 2 will update the base year and future year road network inputs to be consistent with the proposed Specific Plan, including classifications, numbers of lanes and uncongested speeds. The Fresno COG model scenarios currently used for project evaluation are: • Base Year: 2019 • Future Year: 2046, the horizon year for the Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) A different horizon year (such as the prior 2035 horizon) could be set up if needed for consistency with other studies. Land Use Inputs: Kittelson will coordinate with the consultant team and city staff to confirm the future land uses to be evaluated consistent with the proposed Specific Plan land use map. Key decisions will include: • Confirm if the analysis should include full potential buildout of the proposed Specific Plan, or a constrained horizon year growth forecast for a specific year such as 2046. • Confirm quantification assumptions for areas designated for non-residential development. Kittelson will modify the model land use inputs to be consistent with the Specific Plan land use map and assumptions. Travel Forecasts: Kittelson will run the updated model to prepare forecasts representing the base year and proposed Specific Plan scenario. Inputs to Air and Noise Analyses: Kittelson will provide inputs to air quality, GHG and noise analyses, according to specific requests from the consultants providing those analyses. The following data items will be provided for the base year and proposed Specific Plan scenario: Air Quality and Greenhouse Gas Emissions • Population and employment by TAZ • VMT (total, household-based, employee-based) by TAZ and Plan area total Traffic Data for CEQA Noise Modeling • Daily segment volumes (both directions) in Excel format with a corresponding map 3. CEQA Transportation Evaluation: Kittelson will require the required analysis and inputs for the CEQA evaluation of transportation impacts. The CEQA checklist for transportation impacts includes four issue areas, one of which relates to vehicle-miles of travel (VMT). VMT Evaluation: Kittelson will provide VMT for the Specific Plan area for the base year and proposed Specific Plan scenarios based on the travel forecasts described in Task 2. The VMT values will be compiled in terms of total VMT, VMT per capita and VMT per DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 De Novo Planning Group – Fresno WANSP Revised DEIR Proposal De Novo Planning Group 3 employee for each transportation analysis zone (TAZ) in the model. This information will be provided in a tabular form (Excel workbook). Kittelson will coordinate with the city and consultant team to confirm the appropriate impact thresholds to use for VMT analysis. Other CEQA Impacts: Kittelson will update the assessment of the other three non-VMT CEQA transportation issues. CEQA Memorandum: Kittelson will update the CEQA memorandum prepared in 2021 to incorporate the updated analysis of VMT and other CEQA transportation issues. It is assumed that only minor updates will be required to the descriptions of existing conditions and the regulatory setting. Kittelson will respond to one set of comments on the draft memorandum and submit a final CEQA memorandum. 4. Non-CEQA Transportation Evaluation: Kittelson will update analysis of non-CEQA transportation issues for the Specific Plan covering the following topics: • Operations analysis of street intersections serving the Specific Plan area • Recommended numbers of lanes for roads within the Specific Plan area Intersection Operations: Kittelson will provide updates to the intersection operations analysis provided in 2021. The travel forecasts from Task 2 will be used to develop growth factors for AM and PM peak hour traffic volumes at up to 50 study intersections. Kittelson will apply the appropriate analysis methodologies from the current Highway Capacity Manual (HCM). Traffic Analysis Memorandum: Kittelson will update the traffic operations analysis memorandum prepared in 2021 to incorporate the updated analysis of intersection operations and lane recommendations. Kittelson will respond to one set of comments on the draft memorandum and submit a final traffic analysis memorandum. 5. Final EIR: Kittelson will assist with responses to transportation-related comments on the public Draft EIR. The assistance may include written responses, revisions to Draft EIR text, and inputs to comment/response documents prepared by the consultant team. Kittelson will provide revised transportation text to support the Final EIR and a comment/response matrix to document how comments were addressed. Noise Analysis (MD Acoustics): 1. Background Review and Baseline Conditions: Review relevant project and site background information, base graphics showing the site vicinity, the proposed project and adjacent land uses. Discuss with the Client and the Lead Agency project details including, the Technical Noise and Vibration Study approach, the existence of any known noise producers that could impact the study areas that need to be addressed within the technical study and the best locations for noise measurements. Visit the project site and perform up to three (3) 15-minute noise measurements (short-term) throughout the Plan Area and document baseline conditions. DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 De Novo Planning Group – Fresno WANSP Revised DEIR Proposal De Novo Planning Group 4 2. Construction Noise and Vibration: Evaluate the potential for construction noise impacts at the Project Level and at the Programmatic Level; determine if they are likely to exceed applicable City standards at sensitive receptors; and recommend mitigation measures to help reduce impacts to sensitive receptors, if necessary. Evaluate the potential for ground borne vibration impacts at the Project Level and the Programmatic Leve; determine if they are likely to result in vibration damage or annoyance or exceed applicable City standards at sensitive receptors; and recommend mitigation measures to help reduce impacts to sensitive receptors, if necessary. 3. Traffic Noise: Calculate existing and existing plus project traffic noise levels at the Project Level and at the Programmatic Level using FHWA modeling techniques. Model future traffic noise levels associated with roadways at the Project Level and at the Programmatic Level to determine possible traffic impacts to future residential land uses. 4. Operational Noise: Qualitatively discuss any potential operational noise impacts from noise generating land uses to at the Project Level and Programmatic Level in light of the City’s noise ordinance. 5. Technical Noise and Vibration Report/CEQA Checklist Analysis: Provide a Project Level and Programmatic Level noise study. 6. Meetings: Conduct up to two (2) meetings with De Novo Planning Group. 7. Response to Comments: Provide up to two (2) sets of response to comments and one set of combined client/agency comments for each of the individual project specific noise impact analyses. Water Supply Analysis (West Yost): 1. Update Land Use and Demand Projections. West Yost will update the 2022 WSA potable water demand projections for the WANSP area based on modifications made to the WANSP described in the Project Understanding. The appropriate water demand factors documented in City’s 2020 Urban Water Management Plan (UWMP) will be used to generate the demand projections. West Yost will provide an electronic copy of the demand projections updates to De Novo and the City for review and comment before the completion Task 2. It is assumed that (1) the land use is consistent with the General Plan and (2) the land use and associated demands will not change throughout the duration of the project. Assumptions: The land use is consistent with the General Plan. The land use and associated demands will not change throughout the duration of the project. 2. Water Supply Assessment (WSA): Update Results of the updates described in Task 1 will be documented in an Administrative Draft WSA Report Update for the WANSP, which will include the following: a description of the WANSP and the associated water demand; a description of the City’s existing and future water supply and demand conditions; a description of determinations as required by SB 610; documentation of the WSA for the WANSP; and determination of sufficiency of existing and future supplies to meet the proposed demand of the Project. Following receipt of a consolidated and reconciled set of written comments on the Administrative Draft Report, West Yost will prepare a Public Review Draft WSA Report Update. Following receipt of comments on DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 De Novo Planning Group – Fresno WANSP Revised DEIR Proposal De Novo Planning Group 5 the Public Review Draft WSA Report Update, West Yost will prepare the Final WSA Report Update. The effort in this task includes all project management and review effort required for the task and required to adhere to West Yost’s QA/QC policy. T ASK D –A DMINISTRATIVE D RAFT EIR De Novo will prepare the Draft EIR in an administrative draft form for City staff to review. We will attempt to reuse any analysis that can be reused from the previous Draft EIR. Sections that we anticipated being almost fully reusable with limited new edits includes: • Aesthetics/Visual Resources • Biological Resources • Cultural and Tribal Resources • Geology/Soils/Seismicity • Hazards/Hazardous Materials • Hydrology/Water Quality Other sections that will require more significant modifications or rewrites include the following sections: • Executive Summary • Introduction • Project Description • Agricultural Resources • Air Quality • Greenhouse Gases/Climate Change • Land Use and Planning • Noise • Population and Housing • Public Services/Recreation • Transportation and Circulation • Utilities and Services Systems • Other CEQA Requirements • Alternatives • Report Preparers • References De Novo will incorporate City staff comments on the ADEIR into a 2nd ADEIR EIR. T ASK E – P UBLIC D RAFT EIR De Novo will incorporate City staff comments on the 2nd ADEIR into a Screencheck Draft EIR. After a final review we will prepare a final public Draft EIR. We anticipate providing an electronic copy for the City to distribute for a 45-day public comment period. We will prepare a Notice of Availability (NOA) to accompany the Draft EIR. T ASK F – A DMINISTRATIVE F INAL EIR De Novo will review the public comments received on the Draft EIR. We will prepare written responses to comments and make appropriate changes to the Draft EIR to create the Administrative Final EIR (AFEIR) document. The AFEIR will include: a brief introduction; revisions to the Draft EIR text; enumerated comment letters on the Draft EIR; responses to all comments on substantive environmental issues presented in the Draft EIR; and a Draft Mitigation Monitoring Plan (MMP). T ASK G – F INAL EIR De Novo will incorporate City staff comments on the AFEIR into a Screencheck FEIR. After a final review we will prepare a public FEIR for the City to release. T ASK H – F INDINGS OF F ACT / S TATEMENT OF O VERRIDING C ONSIDERATIONS De Novo will prepare Findings of Fact pursuant to Section 15091 of the CEQA Guidelines. De Novo will prepare a Statement of Overriding Considerations (SOC) pursuant with the DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 De Novo Planning Group – Fresno WANSP Revised DEIR Proposal De Novo Planning Group 6 requirements of Section 15093 of the CEQA Guidelines. De Novo will prepare a draft version of the Findings of Fact and SOC for submittal to the City and the applicant team for review. Based on one set of comments, De Novo will revise the document and prepare a final version of the Findings of Fact and SOC. T ASK I - A DMINISTRATION/PROJECT M ANAGEMENT This task includes management, client updates, facilitating meetings/calls, and budget and schedule tracking, and invoicing. DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 De Novo Planning Group – Fresno WANSP Revised DEIR Proposal De Novo Planning Group 7 EIR S COPE - S CHEDULE Project Task Time Period (days) Start Finish Task A and B – Project Initiation and Project Description Notice to Proceed - 27-Jul-23 27-Jul-23 Kickoff Call 3 27-Jul-23 30-Jul-23 Draft Project Description 14 30-Jul-23 13-Aug-23 Staff Administrative Review 7 13-Aug-23 20-Aug-23 Prepare Revised Project Description 5 20-Aug-23 25-Aug-23 Staff Administrative Review 7 25-Aug-23 1-Sep-23 Release Revised Project Description to Tech Staff 1 1-Sep-23 2-Sep-23 Task C – Tech Reports Traffic Analysis 120 2-Sep-23 31-Dec-23 Air Quality Analysis (Requires Traffic Data) 125 2-Sep-23 5-Jan-24 Noise Analysis (Requires Traffic Data) 125 2-Sep-23 5-Jan-24 Water Supply Assessment 75 2-Sep-23 16-Nov-23 Task D – Admin Draft EIR Administrative Draft EIR 145 2-Sep-23 25-Jan-24 Staff Administrative Review of Draft EIR 21 25-Jan-24 15-Feb-24 2nd Administrative Draft EIR 21 15-Feb-24 7-Mar-24 Staff Administrative Review of Draft EIR 21 7-Mar-24 28-Mar-24 Task E – Public Draft EIR/NOC Screen-check Draft EIR 30 28-Mar-24 27-Apr-24 Staff Screencheck Review of Draft EIR 14 27-Apr-24 11-May-24 Complete Public Draft EIR 14 11-May-24 25-May-24 Statutory 45-day Public Review Period 45 25-May-24 9-Jul-24 Task F – Admin Final EIR Complete Administrative Final EIR 30 9-Jul-24 8-Aug-24 Staff Administrative Review 21 8-Aug-24 29-Aug-24 Task G – Final EIR Screencheck Final EIR 14 29-Aug-24 12-Sep-24 Staff Screencheck Review of Final EIR 14 12-Sep-24 26-Sep-24 Complete Final EIR and MMRP 2 12-Sep-24 14-Sep-24 Send Final EIR to all Commentors 2 14-Sep-24 16-Sep-24 Task H – Findings of Fact/Overriding Considerations Admin Findings / Overriding Considerations 7 16-Sep-24 23-Sep-24 Staff Review Findings / Overriding Considerations 7 23-Sep-24 30-Sep-24 Complete Findings / Overriding Considerations 7 30-Sep-24 7-Oct-24 DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 De Novo Planning Group – Fresno WANSP Revised DEIR Proposal De Novo Planning Group 8 F EE S CHEDULE DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 McMurtry Erwin Carroll Smith De Novo Direct Task Task Project Manager Prin. Planner Senior Planner Senior Planner Support/GIS Costs Totals # Description $185 $185 $150 $150 $125 EIR Scope of Work A Project Initiation A.1 Refine scope/schedule 6.0 6.0 A.2 Conference Call w/ City re: communication, deliverables 1.0 1.0 2.0 A.3 Research and Collect background documents 1.0 3.0 1.0 5.0 Subtotal 8.0 0.0 4.0 1.0 0.0 13.0 Task A 1,480.00$ -$ 600.00$ 150.00$ -$ -$ 2,230.00$ B Prepare Project Description B.1 Prepare Draft Project Description 4.0 8.0 8.0 20.0 B.2 Revise PD per City comments 1.0 3.0 1.0 5.0 Subtotal 5.0 0.0 11.0 0.0 9.0 25.0 Task B 925.00$ -$ 1,650.00$ -$ 1,125.00$ -$ 3,700.00$ C Additional Technical Studies C.1 Traffic Study (See Subconsultant Cost Below) 2.0 2.0 4.0 C.2 Noise Study (See Subconsultant Cost Below) 2.0 2.0 4.0 C.3 Water Supply Assessment (See Subconsultant Cost Below) 2.0 2.0 4.0 Subtotal 2.0 0.0 2.0 0.0 0.0 4.0 Task C 370.00$ -$ 300.00$ -$ -$ -$ 670.00$ D Prepare Administrative Draft EIR D.1 Cover/Table of Contents/Graphics/GIS 1.0 3.0 14.0 18.0 D.2 Executive Summary/Introduction 1.0 8.0 9.0 D.3 Project Description (See Task B) 1.0 1.0 2.0 D.4 Aestheics/Visual Resources (Reuse) 1.0 2.0 3.0 D.5 Agricultural Resources 2.0 8.0 10.0 D.6 Air Quality 2.0 35.0 37.0 D.7 Biological Resources (Reuse) 1.0 2.0 3.0 D.8 Cultural/Paleontological Resources (Reuse) 1.0 2.0 3.0 D.9 Geology/Soils (Reuse) 1.0 2.0 3.0 D.10 Greenhouse Gases and Climate Change, and Energy 2.0 18.0 20.0 D.11 Hazards/Hazardous Materials (Reuse) 1.0 2.0 3.0 D.12 Hydrology/Water Quality (Reuse) 1.0 2.0 3.0 D.13 Land Use and Planning 2.0 18.0 20.0 D.14 Noise 2.0 6.0 8.0 D.15 Population and Housing 2.0 18.0 20.0 D.16 Public Services and Recreation 2.0 18.0 20.0 D.17 Transportation/Circulation 2.0 12.0 14.0 D.18 Utilities and Services Systems 2.0 18.0 20.0 D.19 Cumulative Impacts 2.0 12.0 14.0 D.20 Alternatives 2.0 32.0 34.0 D.21 Other Mandated CEQA Sections 2.0 20.0 22.0 D.22 Report Preparers and References 1.0 1.0 D.23 Document Preparation/Management 12.0 1.0 1.0 1.0 8.0 23.0 D.24 Document Revisions and prepare 2nd Admin DEIR 24.0 8.0 16.0 8.0 2.0 58.0 Subtotal 69.0 73.0 140.0 62.0 24.0 368.0 Task D 12,765.00$ 13,505.00$ 21,000.00$ 9,300.00$ 3,000.00$ -$ $59,570 E Prepare Public Draft EIR E.1 Document Revisions and prepare Screencheck DEIR 8.0 4.0 4.0 4.0 20.0 E.2 Document Revisions and prepare Public DEIR 2.0 2.0 4.0 2.0 2.0 12.0 E.3 Document Preparation/Management 6.0 1.0 1.0 1.0 12.0 21.0 Subtotal 16.0 7.0 9.0 7.0 14.0 53.0 Task D 2,960.00$ 1,295.00$ 1,350.00$ 1,050.00$ 1,750.00$ -$ $8,405 F Prepare Admin Final EIR F.1 Introduction 1.0 10.0 11.0 F.2 Overview of Comments Received 4.0 8.0 8.0 20.0 F.3 Response to Comments 24.0 16.0 24.0 16.0 80.0 F.4 Produce Admin. Final EIR 4.0 8.0 12.0 F.5 Document Preparation/Management 2.0 1.0 1.0 1.0 2.0 7.0 Subtotal 35.0 35.0 25.0 17.0 18.0 130.0 Task F 6,475.00$ 6,475.00$ 3,750.00$ 2,550.00$ 2,250.00$ -$ $21,500 G Prepare Final EIR G.1 Document Revisions 6.0 12.0 18.0 G.2 Document Preparation 4.0 1.0 1.0 1.0 12.0 19.0 G.3 MMRP 1.0 18.0 1.0 20.0 Subtotal 11.0 31.0 1.0 1.0 13.0 57.0 Task G 2,035.00$ 5,735.00$ 150.00$ 150.00$ 1,625.00$ -$ $9,695 H Findings/Overriding Considerations H.1 Prepare Admin. Findings/Overriding Considerations 6.0 18.0 24.0 H.2 Prepare Final Findings/Overriding Considerations 3.0 3.0 Subtotal 9.0 18.0 0.0 0.0 0.0 27.0 Task H 1,665.00$ 3,330.00$ -$ -$ -$ -$ 4,995.00$ I Administration/Project Management I.1 Project Management/Coordination 24.0 4.0 16.0 4.0 48.0 I.2 Administration 10.0 1.0 4.0 2.0 4.0 21.0 Subtotal 34.0 5.0 20.0 6.0 4.0 69.0 Task K 6,290.00$ 925.00$ 3,000.00$ 900.00$ 500.00$ -$ 11,615.00$ De Novo Project Subtotals Project Subtotal Hours 189.0 169.0 212.0 94.0 82.0 746 Project Subtotal Cost 34,965.00$ 31,265.00$ 31,800.00$ 14,100.00$ 10,250.00$ -$ 122,380.00$ Subconsultant Subtotals MDAcoustics (Noise Study)$7,900 Kittelson & Associates (Traffic)$64,770 West Yost (WSA )$14,924 Subconsultant Management Markup (5%)$4,380 Subconsultant Subtotal Cost $91,974 Total EIR Scope Cost 214,353.70$ DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 DocuSign Envelope ID: 025142A0-F185-48BE-9AF2-C1F77D344CC9 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1167 Agenda Date:8/24/2023 Agenda #: 1.-K. REPORT TO THE CITY COUNCIL FROM:SOPHIA PAGOULATOS, Planning Manager Planning and Development Department BY:ADRIENNE ASADOORIAN, Planner Planning and Development Department SUBJECT Consider Acceptance of the Kings Canyon Corridor Transit Oriented Development Study: 1. Adopt a finding that the project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 as a feasibility study. 2. RESOLUTION - Accepting the Kings Canyon Corridor Transit Oriented Development Study RECOMMENDATION Staff recommends that the City Council take the following actions adopt a finding that the project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 as a feasibility study and adopt a Resolution accepting the Kings Canyon Corridor Transit Oriented Development Study EXECUTIVE SUMMARY The primary purpose of the Study is to serve as a toolkit with resources for the City, partner agencies, private sector agencies, and community members, which can be used in the planning for the implementation of transit-oriented development along high-quality transit corridors in the city. These resources include station area plans for two station areas located along the Ventura / Kings Canyon Corridor, six development prototypes with associated proformas, and a list of potential funding / financing resources. BACKGROUND The General Plan envisions the Ventura / Kings Canyon Corridor (Corridor) as a mixed-use corridor with a “Main Street” character with active storefronts, outdoor seating, and pedestrian-oriented design at the neighborhood scale. To implement that vision, the City of Fresno (City) rezoned key corridors and updated the Development Code. Since the adoption of the General Plan in December 2014, the City also launched its first bus route with bus rapid transit features. Commonly referred to as the “Q”, this route provides faster, more convenient, and more reliable service than a traditional bus line. Together, these past efforts established a solid foundation for a multi-modal corridor primed City of Fresno Printed on 8/28/2023Page 1 of 5 powered by Legistar™ 88/24/2023/24/2023 AP/MA 6-06-0 LC ABSENT R. 2023-236 APPROVED ON CONSENT File #:ID 23-1167 Agenda Date:8/24/2023 Agenda #: 1.-K. bus line.Together,these past efforts established a solid foundation for a multi-modal corridor primed for development.The City applied for grant funding to evaluate and demonstrate the viability of higher density,mixed-use,walkable development along the Corridor,as well as provide a framework to duplicate along other key corridors.In 2019,the City received notice it was the recipient of the Fresno County Measure C Transit-Oriented Development grant award totaling $325,000 through the Fresno Council of Governments (Fresno COG).The City entered into a Grant Agreement with the Fresno COG on October 30, 2019. Since that time,staff conducted a competitive process to select a qualitied consultant firm to assess the existing conditions of the study area,participate in the community outreach and engagement process,develop a standardized framework for transit-oriented development to be applied to Corridor /Center Mixed-Use (CMX)and Neighborhood Mixed-Use (NMX)zoned properties along high-quality transit corridors,and develop station area plans for the two stations along the “Q”line with the greatest near-term market potential.Upon staff’s recommendation,on June 10,2021,the Fresno City Council awarded the consultant contract to Citythinkers as the consultant team for the Study.Additional contracts were awarded to Jackson CDC and Every Neighborhood Partnership to assist with the community outreach.The development of the Study has occurred through intensive and extensive community outreach. Process:The planning process includes the following steps. The process is now in Step 7. 1.Project Kick-off 2.Initial Community Outreach/ Develop Existing Conditions, Challenges, and Opportunities Report & Market Analysis 3.Community Outreach / Development of Planning Concepts & Vision 4.Community Outreach / Selection and Development of Station Area Plans 5.Community Outreach / Development of Implementation Strategies 6.Public Review of Draft Study 7.Completion/ Acceptance Study Features The Study is intended to be utilized as a toolkit filled with resources for the City,partner agencies, private sector agencies,and community members,which can be used in the planning for the implementation of transit-oriented development along high-quality transit corridors in the city.These resources include station area plans for two station areas located along the Corridor,six development prototypes with associated proformas, and a list of potential funding / financing resources. Outreach Project partners produced a Community Engagement Plan (CEP)that aimed to maximize stakeholder participation and community engagement in the visioning and study drafting process. The CEP looked at methods to reach and engage essential stakeholders.Over the course of the project,the project team hosted and /or attended over 20 pop-up events,seven presentations,four workshops,two developers’forums,two mobile workshops,conducted in-person and virtual City of Fresno Printed on 8/28/2023Page 2 of 5 powered by Legistar™ File #:ID 23-1167 Agenda Date:8/24/2023 Agenda #: 1.-K. workshops,two developers’forums,two mobile workshops,conducted in-person and virtual interviews,and shared information about the Study through social media,flyers,and a series of zines (short for magazines)that were released on a quarterly basis.The various components of the outreach process are described below: Stakeholder Interviews.The project team held stakeholder interviews throughout the entirety of the planning process,which included:residents,business owners,market-rate and affordable housing developers,Fresno Unified School District,community benefit organizations, and other representatives of stakeholder groups. Community Workshops.The planning process included four community workshops,held on February 22,May 14,August 22,and November 8,2022.Each workshop was held in a hybrid format to allow for community members to join online or in-person.The tasks at the first workshop were to identify existing conditions,challenges,and opportunities in the study area, as well as comment on the draft Existing Conditions Report,Market Analysis,and Transit Benefits Analysis;the second workshop invited residents to comment on the initial development concepts for the Corridor,and invited attendees to also build their own station area plan using 3D models of the concepts presented;the third workshop invited input on the draft prototypes and station area plans developed;and the fourth workshop invited participants to cast their vision for how they would like to see transit-oriented development implemented on the Corridor in story form. Mobile Workshops.The project team developed an outreach process designed to overcome common barriers to 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 /events in and near the study area,receiving input from local stakeholders. Developers Forums.While centering community wisdom and community voice is vital in a planning process,it was also important to ground-truth investment opportunities with the development community.For that reason,two developers’forums were held to present and solicit feedback on the two station area plans and six development prototypes /associated proformas.Both developers’forums were held in a hybrid format and included the attendance of both market-rate and affordable housing developers. 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 existing issues of the study area;the second survey allowed residents to identify their desires and concerns associated with transit-oriented development;and the third survey was intended to gather information for the development of the station area plans. Approximately 253 individuals responded to the surveys. Zines.In an effort to further lower the barrier to entry into the planning process,staff developed a series of zines.The zines (short for magazines)were hand-drawn in comic book style and used everyday terms to make the information being conveyed accessible and fun to read.By incorporating storytelling,art,and creativity in public outreach,staff was able to conduct a more dynamic,engaging,and inclusive outreach approach that promoted public participation and collaboration from disenfranchised communities and our youth. City of Fresno Printed on 8/28/2023Page 3 of 5 powered by Legistar™ File #:ID 23-1167 Agenda Date:8/24/2023 Agenda #: 1.-K. Public Review Draft.There were several opportunities for community involvement that followed the release of the Public Review Draft.This included pop-ups to share key elements of the Study and to solicit feedback from local stakeholders.Pop-ups were held at Council District 5 and 7 community events,neighborhood association meetings,parent engagement hours at local schools,and other existing community events in the area.Study documents were featured on a special webpage created for the project (www.fresno.gov/KCCTOD)and hard copies were distributed in the Study Area. Public Comment To date,one comment letter has been received from the Sunnyside Property Owners Association, expressing a preference for neighborhood scale housing and more opportunities for homeownership. Staff acknowledges those comments and notes that this study does not affect current zoning, housing capacity or housing tenure.It focuses on what is feasible within the existing regulatory and market framework.That framework would accommodate neighborhood scale buildings as well as rented and owned housing. Council District Project Review Committee The Study Area includes portions of both Council Districts 5 and 7.The Study was presented to the Council District 5 Project Review Committee on June 12,2023.Council District 7 does not have an active committee. Planning Commission The Planning Commission considered this Study at its regularly scheduled meeting of July 5,2023, and unanimously recommended approval. ENVIRONMENTAL FINDINGS CEQA Guidelines Section 15262 exempts projects involving only feasibility or planning studies for possible future action which the agency,board,or commission has not approved,adopted,or funded does not require the preparation of an EIR or Negative Declaration but does require consideration of environmental factors. The Study qualifies for this exemption because it does not propose any land use changes or rezoning, it does not commit the City to any actions set forth in the document, and it does not include funding for future project approvals. Therefore, the Study is statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15262. 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 City of Fresno Printed on 8/28/2023Page 4 of 5 powered by Legistar™ File #:ID 23-1167 Agenda Date:8/24/2023 Agenda #: 1.-K. from other agencies; future obligations. ATTACHMENTS: Resolution Vicinity Map Aerial Photograph CEQA Statutory Exemption KCCTOD Study - Public Review Draft Public Comment Planning Commission Resolution Presentation City of Fresno Printed on 8/28/2023Page 5 of 5 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 California State University Fresno Fresno International Airport Fresno-Clovis Regional Wastewater Reclamation Facility Source: City of Fresno GIS Data Prepared by the Planning and Development Department UV41 UV99 K:\GIS 2023\KCTOD\maps\KCCTODmap_cityscale.mxdLegend FAX Q Bus Route UV180 UV168 E UV180 0 31.5 Miles Fresno Sphere of Influence !!!!!Fresno City Limits KCCTOD Boundary CLOVISPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCALIFORNIA BUTLER KINGS CANYON TULARE BELMONT Copyright nearmap 2015 [Source: City of Fresno GIS DataPrepared by the Planning and Development Department 0 0.25 0.5Miles UV41 UV41 UV99 K:\GIS 2023\KCTOD\maps\KCCTODmap.mxdLegend FAX Q Bus Route Fresno Sphere of Influence !! !!!Fresno City Limits KCCTOD Boundary KCCTOD Study Public Draft | May 2023 Alternate formats of this document will be provided by the City upon request. To request alternate formats contact : Planning and Development Staff at (559) 621-8038 www.fresno.gov/KCCTOD KINGS CANYON CORRIDOR TRANSIT-ORIENTED DEVELOPMENT CONNECTIVITY STUDY Public Draft | May 2023 TABLE OF CONTENTS1 2 3 INTRODUCTION 1.1 1.2 1.3 1.4 BACKGROUND PURPOSE STUDY AREA THE OPPORTUNITY BEFORE US A VISION FOR THE CORRIDOR 2.1 2.2 2.3 ENGAGING THE COMMUNITY A PATH FORWARD ZINE VOL. I-IV STORYMAP 3.1 3.2 WHAT IS A STORYMAP? STORYMAP HIGHLIGHTS 2 3 4 7 1 10 12 14 8 18 18-19 16 4 5 A TOD PROSPECTUS 4.1 4.2 4.3 INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS IMPLEMENTATION MATRIX APPENDICES A. B. C. D. DEVELOPMENT FINANCIAL FEASIBILITY STUDY EXISTING CONDITIONS ATLAS MOBILITY CONCEPTS IMPLEMENTATION MATRIX 22 26 44 20 76 77 77 77 74 5.1 5.2 5.3 5.4 5.5 INTRODUCTION FUNDING & FINANCING RESOURCES EXISTING CITY RESOURCES TAX-INCREMENT FINANCING STATE & FEDERAL PROGRAMS 64 65 69 69 71 62 NAVIGATING THIS DOCUMENT: TOOLKIT COMPONENTS The Kings Canyon Corridor Transit-Oriented Development Connectivity Study (Study) is meant to be used by anyone who has a role in transforming the Ventura / Kings Canyon Corridor (Corridor) and adjoining neighborhoods into a more pedestrian- oriented, vibrant area. The toolkit can be used as a whole or in parts. The document is organized as follows: describes the Study Area, background, and purpose of the Study. It also describes the opportunity that the Study presents. CHAPTER 1: INTRODUCTION1 describes the role of community engagement in the planning and implementation process, outlines recommended strategies, and highlights the magazines (zines) that were used throughout the Study to convey information and share the vision of community members in story form. CHAPTER 2: A VISION FOR THE CORRIDOR 2 directs the reader to a web-based platform that showcases the information contained in this Study. The StoryMap combines maps and multimedia content to communicate the information in an interactive manner. This Chapter may be used as a standalone resource, in tandem with Chapter 4, and / or with the document as a whole. CHAPTER 3: STORYMAP describes the key investment opportunities and station area plans developed throughout the Study process. The development concepts presented in this chapter can be applied to other High-Quality Transit Corridors in the city. Chapter 4 may be used as a standalone document to attract investment along the Corridor. CHAPTER 4: TOD PROSPECTUS includes a summary of potential funding and financing resources to promote TOD. CHAPTER 5: IMPLEMENTATION Appendix A: Development Financial Feasibility Analysis provides an analysis of the financial feasibility of the conceptual building prototypes described in Chapter 4. Appendix B: Existing Conditions Atlas provides a summary of baseline information on existing conditions, opportunities, and constraints along the Corridor. To support the existing conditions analysis, a full market analysis and transit benefits assessment were performed and are appended to this report. Appendix C: Mobility Concepts depicts grant-ready mobility concepts for the areas along the Corridor that were identified in the transit benefits assessment as most prime for enhancements. Appendix D: Implementation Matrix provides additional details for the funding and financing tools described in Chapter 5 that have the potential to facilitate the implementation of transit-oriented development along the Corridor. APPENDICES 3 4 5 A 1 This Chapter describes the Study Area, background, and purpose of the Study. It also describes the opportunity that the Study presents. This Chapter is organized into the following sections: 1.1 Background 1.2 Purpose 1.3 Study Area 1.4 The Opportunity Before Us INTRODUCTION Introduction 1 Public Draft 1.1 Background The Ventura / Kings Canyon Corridor (Corridor) has long been a key East-West connector and a critical component of the City of Fresno’s (City) reinvestment strategy. The Corridor is envisioned in the Fresno General Plan as a mixed-use corridor with a “Main Street” character with active storefronts, outdoor seating, and pedestrian-oriented design at a neighborhood scale. To implement that vision, the City rezoned key corridors and updated the Development Code. Since the adoption of the General Plan in December 2014, the City also launched its first bus route with bus rapid transit features. Commonly referred to as the “Q”, this route provides faster, more convenient, and more reliable service than a traditional bus line. Together, these past efforts established a solid foundation for a multi-modal corridor primed for new development. However, while the “Q” (Route 1) provided the “T” in Transit-Oriented Development (TOD) envisioned in the General Plan, little to no mixed-use projects were developed. In order to catalyze TOD and capitalize upon the City’s extensive investment in transit, the City pursued Fresno County Measure C TOD grant dollars. The City was awarded a grant of $325,000 to evaluate and demonstrate the viability of higher density, mixed-use, walkable development along the Corridor, as well as provide a framework to duplicate along other major corridors. 2 Introduction 1.1|1.2|1.3|BACKGROUND PURPOSE 1.4|THE OPPORTUNITY BEFORE US STUDY AREA Public Draft 1.2 Purpose This Study serves as an opportunity to evaluate and demonstrate what mixed-use development along the Corridor looks like and how it works. This effort is grounded in economic and market feasibility of different development types and scenarios. Ultimately, the Study serves as a toolkit that businesses, landowners, residents, city leaders, and other stakeholders can use as the city grows. The three primary objectives of the Study are to: 1. Identify which “Q” line stops along the Corridor have the greatest near-term market potential for compact, higher- density mixed-use development. 2. Develop Station Area Plans for the top two stations with the greatest near-term market potential. 3. Develop a standardized TOD implementation framework, or station area “template”, that can be applied to Corridor/Center Mixed-Used (CMX) and Neighborhood Mixed-Use (NMX) zoned properties along High-Frequency Transit Corridors to maximize connections and catalyze future infill development around existing stations. ?WHAT IS TOD? Transit-Oriented Development (TOD) is a type of development that promotes healthy and active lifestyles by increasing housing options, safety, walkability, and accessibility near transit. These benefits lead to increased economic opportunity and help reduce environmental harm. 3 Introduction 1.1|1.2|1.3|BACKGROUND PURPOSE 1.4|THE OPPORTUNITY BEFORE US STUDY AREA Public Draft 1.3 Study Area The Study Area, shown in Figure 1-1, encompasses approximately 2,835 acres across a 4.5-mile stretch of the Corridor and is bounded by East Tulare Avenue to the north, East Butler Avenue to the south, South Argyle Avenue to the east, and State Route 41 (Yosemite Freeway) to the west. The Study Area includes portions of both Council Districts 5 and 7, unincorporated land under the jusrisdiction of the County of Fresno, and nine station pairs of the “Q” (Route 1). Housing approximately 36,000 residents, the Study Area represents 7% of the city of Fresno’s (city) population today. The population is uniquely younger and more diverse than the city as a whole. Seventy-two percent of residents are Hispanic and approximately 12% are Asian. The Asian population consists of multiple Southeast Asian communities, with a prominent Hmong population. Additionally, a strong African American community exists directly south of the Corridor. The average household income of residents is $46,341. In contrast, the average household income of the city is $57,211. This distinction in financial flexibility is further seen in renting patterns as 67% of residents are renters within the Study Area compared to the whole of the city only consisting of 49%. Although the Corridor has experienced underinvestment in infrastructure, the Corridor continues to hold potential in developing economically. The Corridor is a jobs-center, accounting for 9% of the city’s jobs compared with 7% of the city’s population. Health Services is the dominant job sector within the corridor, accounting for over 60% of all jobs. It is followed by retail with 17% of the jobs. Businesses are largely concentrated along the Corridor and at key commercial nodes and intersections in the area. Districts like the Asian Village is the home of long spanning Asian-owned businesses and organizations that distinctly reflect and serve communities that have called the area home. For more information about the Study Area, see Appendix B. 4 Introduction 1.1|1.2|1.3|BACKGROUND PURPOSE 1.4|THE OPPORTUNITY BEFORE US STUDY AREA Public Draft Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinle y Belm ont ChestnutPeachAme rican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Je nsen Ashlan GrantlandHayesCorneliaBrawleyMarksSha w Bullard Herndon Nees De WolfShield s McKinle y Belmont Califo rnia Je nsen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kea rney Muscat Ann adale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Te ague Ca lifornia State Un iversity Fresno Fresno International Airport Fresno-Clovis Regional Wastewate r Reclamation Facility Source: City of Fresno GIS Data Prepared by the Planning and Development Department UV41 UV99 K:\GIS 2023\KCTOD\maps\KCCTODmap_cityscale.mxdLegend FAX Q Bus R oute UV180 UV168 E UV180 0 31.5 Miles Fresno Sphere of Influence !!!!!Fresno City Limits KCCTOD Boundary Figure 1-1: KCCTOD Study Area 5 Introduction 1.1|1.2|1.3|BACKGROUND PURPOSE 1.4|THE OPPORTUNITY BEFORE US STUDY AREA Public Draft Source: City of Fresno GIS Data Prepared by the Planning and Development Department UV41 UV99 K:\GIS 2023\KCTOD\maps\KCCTODmap_HFC.mxdLegend Route 01/Q (10 minute frequency peak time / 15 minute frequency off-peak weekdays) Route 09 (15 minute frequency 6:00am to 6:00pm weekdays) Route 38 (15 minute frequency 6:00am to 6:00pm weekdays) Half-Mile Buffer UV180 UV168 E UV180 0 31.5 Miles Fresno Sphere of Influence !!!!!Fresno City Limits High-Quality Transit Corridors Figure 1-2: High-Quality Transit Corridors 6 Introduction Public Draft 1.4 The Opportunity Before Us The Study Area has been shaped by transportation over the years. From serving as a streetcar line to a highway to a high- quality transit corridor, the Corridor has served as a local and regional destination for over a century. The Corridor maintains unique significance to many groups of people from both near and far. The Fresno Fairgrounds continues to attract visitors from afar, celebrating Central Valley heritage with events such as the Grape, Nut, and Tree Fruit Expo; Big Fresno Fair; Fresno Home Show; and Hmong New Year Cultural Celebration. Its diverse demographics sets it apart from other parts of Fresno, reflecting vibrantly mixed backgrounds of Fresno residents. Areas like the Asian Village are the home of long spanning minority-owned businesses that distinctly reflect and serve communities that have called the area home. Representing a resilient population, residents of the Study Area are dedicated to celebrating and improving their community for generations to come. This Study provides an opportunity for businesses, landowners, residents, city leaders, and other stakeholders to collaborate on bringing the vision described in the following chapter and the goals of the General Plan to life. By working together to shift the tide to promote TOD, the Corridor can serve as a place where community members can lead healthy and active lifestyles with increased amenities, housing, and mobility options. These benefits have the potential to build community wealth, improve public health, and support climate resilience. 7 Introduction 1.1|1.2|1.3|BACKGROUND PURPOSE 1.4|THE OPPORTUNITY BEFORE US STUDY AREA Public Draft 2 A VISION FOR THE CORRIDOR This Chapter describes the role of community engagement in the planning and implementation process, outlines recommended strategies, and highlights the magazines (zines) that were used throughout the Study to convey information and share the vision of community members in story form. This Chapter is organized in the following sections: 2.1 Engaging the Community 2.2 A Path Forward 2.3 Zine Vol. I - IV 9 A Vision for the CorridorPublic Draft 2.1 Engaging the Community Community-envisioned strategies are powerful tools for creating long-term, positive change. It is critical to give community members a seat at the table in the planning and implementation process to help ensure that new investment also benefits low-income communities and Black, Indigenous, and People of Color (BIPOC). Without this input, new development can lead to both investment-induced (triggered by the economic impacts of new investment) and indirect displacement (triggered by socio- cultural shifts in a community) of long-time residents and business owners. To ensure that community voice was not only heard, but also incorporated in the Study, a series of workshops, pop-up events, and interviews were held. Staff partnered with the Mayor’s Office of Community Affairs (OCA) and Community-Based Organizations (CBOs) to ensure attendees reflected the makeup of the Study Area. Additionally, by working with the OCA and CBOs, staff was able to lower the barrier to entry in the planning process. Study materials were translated into Spanish, Hmong, and Punjabi, and planning jargon was demystified. See Section 2.3. for more information. While centering community wisdom and community voice is vital, it was also important to ground truth investment opportunities with the development community. For that reason, two developer forums and a series of interviews with members of the development community were held. 10 A Vision for the Corridor 2.1|2.2|2.3|A PATH FORWARD ZINE VOL. I-IVENGAGING THE COMMUNITY Public Draft Community Engagement 2,500 Reached on Social Media 830 Outreach Event Attendees 2 Developers Forum 4 Workshops 2 Mobile Workshops 7 Presentations 20 Pop-up Events 3 Surveys 253 Survey Respondents 11 A Vision for the CorridorPublic Draft 2.2 A Path Forward Going forward, the City has a powerful opportunity to center equity outcomes and build community wealth for low-income communities and BIPOC while also promoting TOD. This section outlines the strategies that can be implemented going forward to bring about TOD in a way that is inclusive and responsive to the needs and aspirations of community members. Strategy 1 - Complete Streets: Design and construct streets that are safe and accessible for pedestrians, bicyclists, and transit users, including amenities such as sidewalks, bike lanes, and street furniture. Strategy 2 - Youth Access to Economic Opportunities: Developers and the City should work to ensure youth have access to economic opportunities associated with new TOD projects. This may include creating programs that provide job training or entrepreneurship opportunities for youth. Strategy 3 - Mixed-Income Housing: Encourage the development of mixed- income housing near transit stations to promote social equity and diversity in neighborhoods. Strategy 4 - Support Local Businesses: Developers should prioritize working with existing local businesses and encourage new businesses that reflect the community’s cultural identity in new development. This can include providing affordable lease rates, offering business support services, or facilitating connections between local entrepreneurs and investors. Strategy 5 - Provide Affordable Housing Options: Gentrification can displace long-time residents and erode a community’s cultural fabric. To preserve the culture of a place, developers should provide affordable housing options within new developments. This can include setting aside a portion of units as affordable housing, partnering with community organizations to provide rental assistance, and / or offering first-time homebuyer assistance programs. Strategy 6 - Anti-Displacement Measures: Implement policies and strategies to prevent displacement of existing residents and businesses. This may include tenant protection programs and economic development opportunities that benefit low- income communities and BIPOC. Strategy 7 - Design for Walkable Communities: Developers should prioritize pedestrian- friendly streetscapes, public gathering spaces, and other amenities that encourage social interaction and community engagement. This can include public plazas, community gardens, or outdoor seating areas that encourage people to connect with each other. 12 A Vision for the Corridor 2.1|2.2|2.3|A PATH FORWARD ZINE VOL. I-IVENGAGING THE COMMUNITY Public Draft Strategy 8 - Community Engagement: Engaging with local communities is a crucial step in preserving the culture of a place. Developers should work closely with residents, community groups, and cultural organizations to understand the local history and cultural values and incorporate these into the design and programming of new TOD projects. This can include public art installations, cultural events, or other activities that celebrate the community’s unique identity. Strategy 9 - Adaptive Reuse: Encourage the adaptive reuse of existing buildings for TOD projects to promote repurposing vacant and underutilized sites and buildings. Strategy 10 - Micro-Mobility: Promote micro-mobility programs and infrastructure to enhance first- and last-mile connections. Strategy 11 - Public/Private Partnerships: Establish partnerships between public agencies and private developers to create mixed-use, pedestrian-friendly developments around transit stations. This should include the formation of a working resource group. Strategy 12 – Cultural District: Encourage the establishment of the Corridor as a Cultural District to highlight and protect the local socio-economic diversity, cultural diversity, and ethnic diversity. “We envision a s a f e , i n c l u s i v e , and family-orie n t e d h u b t h a t promotes comm u n i t y a n d w e l l - being. Our goal i s t o i n c l u d e small enterprise s a n d b u s i n e s s communities, yo u t h , a n d families of all et h n i c i t i e s a n d socioeconomic b a c k g r o u n d s t o thrive in our T O D ! ” Vision Statement 13 A Vision for the CorridorPublic Draft KINGS CANYON CORRIDOR TRANSIT-ORIENTED DEVELOPMENT CONNECTIVITY STUDY ESTUDIO DE CONNECTIVIDAD PARA EL DESARROLLO ORIENTADO AL TRÁNSITO EN EL CORREDOR KINGS CANYON KEV KAWM UAS CUAM TXHUAM RAU KEV TSIM KHO TXOJ KEV TSEB THAUJ MUS LOS NTAWM KINGS CANYON ਕਿੰਗਜ਼ ਕੈਨਿਯਨ ਕੋਰੀਡੋਰ ਟਰਾਂਜ਼ਿਟ-ਓਰੀਐਂਟਡ ਡਿਵੈਲਪਮੈਂਟ ਕਨੈਕਟੀਵਿਟੀ ਸਟੱਡੀ ZINE VOL. 1 City of Fresno Planning and Development Department 2600 Fresno St, Room 3065 Fresno, CA 93721 2.3 Zine Vol. I - IV In an effort to lower the barrier to entry in the planning process and demystify planning jargon, staff drafted four magazines (zine). Each zine was hand drawn and translated into Spanish, Hmong, and Punjabi. The intent of the first zine was to disseminate information about the Study. The zine was mailed out to all community members within the Study Area and provided information about the Study, upcoming workshops, and defined the term transit-oriented development (TOD). In addition to defining the term, the zine described the benefits associated with TOD. The intent of the second zine was to actively work to demystify planning jargon through storytelling and art. Zine Volume II introduced the main character, Transit-Oriented Development, also known as Tod, who told the story of what TOD looks like and invited community members to an upcoming workshop to build their own vision for TOD in their neighborhood. The third zine employed similar methods as Zine Volume II, but also highlighted the elements of TOD that community members liked and shows what that could look like by displaying the development concepts and station area plans that were drafted for the Study. The final zine, Zine Volume IV, was drafted by community members and tells the story of the community’s vision for the Corridor. The story also alludes to the strategies that will be incorporated in the final Study to help ensure that new investment also benefits low-income and BIPOC communities. Full copies of Zine Volumes I-IVl can be viewed by clicking on the following links or scanning the QR codes. Zine Volume I https://tinyurl.com/KCCTOD-Volume-1 14 A Vision for the Corridor 2.1|2.2|2.3|A PATH FORWARD ZINE VOL. I-IVENGAGING THE COMMUNITY Public Draft KINGS CANYON CORRIDOR TRANSIT-ORIENTED DEVELOPMENT CONNECTIVITY STUDY ESTUDIO DE CONNECTIVIDAD PARA EL DESARROLLO ORIENTADO AL TRÁNSITO EN EL CORREDOR KINGS CANYON KEV SOJ NTSUAM TXOG QHOV TSIM KHO NTU KEV NTAWM KINGS CANYON ਕਿੰਗਜ਼ ਕੈਨਿਯਨ ਕੋਰੀਡੋਰ ਟਰਾਂਜ਼ਿਟ-ਓਰੀਐਂਟਡ ਡਿਵੈਲਪਮੈਂਟ ਕਨੈਕਟੀਵਿਟੀ ਸਟੱਡੀ VOL.II cਕਿੰਗਜ਼ ਕੈਨਿਯਨ ਕੋਰੀਡੋਰ ਟਰਾਂਜ਼ਿਟ-ਓਰੀਐਂਟਡ ਡਿਵੈਲਪਮੈਂਟ ਕਨੈਕਟੀਵਿਟੀ ਸਟੱਡੀ KINGS CANYON CORRIDOR TRANSIT-ORIENTED DEVELOPMENT CONNECTIVITY STUDY ESTUDIO DE CONNECTIVIDAD PARA EL DESARROLLO ORIENTADO AL TRÁNSITO EN EL CORREDOR KINGS CANYON KEV SOJ NTSUAM TXOG QHOV TSIM KHO NTU KEV NTAWM KINGS CANYON k c c t o d VOL.III Kings Canyon Corridor Transit-Oriented Development Connectivity Study Estudio de Connectividad para el Desarrollo Orientado alTransito en el Corredor Kings Canyon Kev Soj NtsuamTxog Qhov Tsim KhoNtu kev NtwamKings Canyon illustrated by:Marisela Martinez&Kara Hammerschmidt ਕਿੰਗਜ਼ ਕੈਨ ਿ ਯ ਨ ਕ ੋਰ ੀ ਡ ੋਰ ਟਰ ਾ ਂ ਜ਼ ਿ ਟ - ਓਰੀਐਂਟਡ ਡਿ ਵ ੈ ਲ ਪ ਮ ੈ ਂ ਟ ਕ ਨ ੈ ਕ ਟੀ ਵਿ ਟੀ ਸਟੱਡੀ ZINE VOL. IV Zine Volume II Zine Volume III Zine Volume IV https://tinyurl.com/KCCTOD-Volume-2 https://tinyurl.com/KCCTOD-Volume-3 https://tinyurl.com/KCCTOD-Volume-4 15 A Vision for the CorridorPublic Draft 3 STORYMAP This Chapter directs the reader to a web-based platform that showcases the information contained in this Study. The StoryMap combines maps and multimedia content to communicate the information in an interactive manner. This Chapter may be used as a standalone resource, in tandem with Chapter 4, and / or with the document as a whole. This Chapter is organized into the following sections: 3.1 What is a StoryMap? 3.2 StoryMap Highlights 17 StoryMapPublic Draft 3.1 What is a StoryMap? To raise awareness about the Study, an ArcGIS StoryMap was created. ArcGIS StoryMaps is a digital storytelling platform that uses text, maps, and other multimedia content to create a stronger sense of place, illustrate spatial relationships, and provide an opportunity to interact with data. The KCCTOD StoryMap can be accessed by visiting the following website or scanning the QR code. 3.2 StoryMap Highlights https://tinyurl.com/TOD-StoryMap 18 StoryMap 3.1|3.2|STORYMAP HIGHLIGHTS WHAT IS A STORYMAP? Public Draft 19 StoryMap 3.1|3.2|STORYMAP HIGHLIGHTS WHAT IS A STORYMAP? Public Draft TOD Prospectus 214 TOD PROSPECTUS This Chapter describes the key investment opportunities and station area plans developed throughout the Study process. The development concepts presented in this chapter can be applied to other High-Quality Transit Corridors in the City. Chapter 4 may also be used as a standalone document to attract investment along the Corridor. This Chapter is organized into the following sections: 4.1 Introduction 4.2 Key Investment Opportunities 4.3 Station Areas Public Draft 22 TOD Prospectus Study Objectives Identify which “Q” line stops along the Corridor have the greatest near-term market potential for compact, higher-density mixed-use development. Develop Station Area Plans for the top two stations with the greatest near-term market potential. Develop a standardized TOD implementation framework, or station area “template”, that can be applied to Corridor/Center Mixed-Used (CMX) and Neighborhood Mixed-Use (NMX) zoned properties along High- Quality Transit Corridors to maximize connections and catalyze future infill development around existing transit stations. 1 2 3 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft MapleBrawleyClovisFowlerTemperanceDe WolfChestnutPeachAmerican CedarElmEastMarksWestWalnutCorneliaNorth California Jensen Shields McKinley Belmont California Jensen North Kings Canyon Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheClinton Olive Tulare Butler Church Annadale Dakota Fresno International Airport Fresno-Clovis Regional Wastewater Reclamation Facility Source: City of Fresno GIS Data Prepared by the Planning and Development Department UV41 UV99 K:\GIS 2023\KCTOD\maps\KCCTODmap_cityscale2.mxdLegend FAX Q Bus Route UV180 UV168 UV180 0 21Miles Fresno Sphere of Influence !!!!!Fresno City Limits KCCTOD Boundary MapleBrawleyClovisFowlerTemperanceDe WolfChestnutPeachAmerican CedarElmEastMarksWestWalnutCorneliaNorth California Jensen Shields McKinley Belmont California Jensen North Kings Canyon Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheClinton Olive Tulare Butler Church Annadale Dakota Fresno International Airport Fresno-Clovis Regional Wastewater Reclamation Facility Source: City of Fresno GIS Data Prepared by the Planning and Development Department UV41 UV99 K:\GIS 2023\KCTOD\maps\KCCTODmap_cityscale2.mxdLegend FAX Q Bus Route UV180 UV168 UV180 0 21Miles Fresno Sphere of Influence !!!!!Fresno City Limits KCCTOD Boundary TOD Prospectus 23 TOD & Infill Study Area Transit-Oriented Development (TOD) is a type of development that promotes healthy and active lifestyles by increasing housing options, safety, walkability, and accessibility near transit. These benefits lead to increased economic opportunity and help reduce environmental harm. Public Draft 24 TOD Prospectus DEMOGRAPHICS OWNERRENTER Data Source: Esri KINGS CANYON FRESNO CALIFORNIA Data Source: Esri The Study Area has a population of approximately 36,000 residents. Its population represents 7% of the city of Fresno’s population. While the city’s population has been growing at a steady pace, population has declined along the Corridor and is anticipated to have only a modest growth in the coming years (with an additional 249 residents expected by year 2026). Residents in the area are younger and more diverse than the city as a whole. Seventy-two percent of residents are Hispanic and almost 12% Asian, with a strong Hmong community evident in businesses and organizations in the area. A strong African American community exists within the Central Southeast area of the city and directly south of the Corridor. The population is made up of front-line workers with an average household income of $46,341 per year. In contrast to the entire city of Fresno, over two-thirds of the households in the Corridor are renters. 36,000 RESIDENTS 4,691 MULTI-FAMILY UNITS 21,116 EXISTING JOBS Ethnic & Racial Distribution 11.5% 72% 51.2% 40%37.3% 46.8% 54% 6.9%7.7%5.9% 13.5%15.3% 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft MARKET ANALYSIS Based on the employment projections prepared by Applied Development Economics for Fresno’s Sphere of Influence, Keyser Marston Associates (KMA) prepared employment projections for the Corridor, which are provided in a Summary of Real Estate Conditions and Opportunities Report (See Appendix A for more details). As shown in the KMA report, it is estimated that an additional 2,791 new jobs will be created within the Corridor by 2035. Health services is the leading sector with an additional 1,595 new jobs, followed by retail trade with 530 new jobs, and transportation/logistics with 127 new jobs. Based on current industry employment densities, this job growth would translate into a need for approximately 550,000 square feet of new non-residential development, led by 168,000 square feet of new space for health services, 167,300 square feet of new retail space, and 80,300 square feet of logistics space. This, coupled with a high demand for affordable housing and several vacant and underutilized properties in the area indicates that development potential does exist along the Corridor. MULTIFAMILY RESIDENTIAL Based on the KMA Report, it is estimated that there is modest opportunity for new residential development, totaling approximately 226 units based on projected population growth. This demand estimate is likely to be understated because it does not account for the consideration that the housing stock is old and, in some cases, in need of replacement. Moreover, given the income levels of residents, there is a tremendous need for new affordable housing to serve existing residents. The highest rental rates on the corridor approximate $940 per month, or $1.11 per square foot. These rates are insufficient to support the cost of constructing new market rate units, but they do add value for new affordable developments. The market rate townhomes that are currently under construction are an encouraging sign for the potential to attract new market rate units to the corridor. HEALTH SERVICES The Corridor has a concentration of health services and this sector is expected to continue to dominate employment within the corridor. There is an opportunity to continue to build this sector with a projected need for 168,000 square feet of new space by 2035. This sector is also well-suited to a robust public transit system. RETAIL Retail space in the Corridor serves a much larger market than the local residents within the Study Area. However, given the critical mass of retail that is within the Corridor, there are opportunities for new development. The employment growth projections indicate a need for over 165,000 square feet of new retail space through 2035. The leakage analysis prepared by KMA indicates opportunities for apparel stores, home furnishings, and appliances. Given recent trends, it is also likely that there are opportunities for incubator restaurant space to support the development of new local, culturally-reflective restaurants. LOGISTICS Logistics is a growing market segment throughout California and it represents an opportunity in the area to accommodate the need for distribution space that is close to city centers. A 183,091 square-foot last-mile facility was recently built approximately 0.8-miles to the north of the Study Area. TOD Prospectus 25 168,000 SQ. FT. OF NEW HEALTH SERVICES SPACE 226 NEW UNITS TO SUPPORT PROJECTED POPULATION GROWTH 2,791 NEW JOBS 80,300 SQ. FT. OF LOGISTICS SPACE 165,000 SQ. FT. OF RETAIL SPACE Public Draft VENTURA AVE CEDAR AVE8th AVEPotential Development Sites Along the Corridor (1) INFILL (2) INFILL - MIXED USE (3) WALK-UP APARTMENTS The following represent common building prototypes that either exist in the Cedar and Chestnut/Willow station areas or may be developed within the range of housing densities currently allowed by the zoning for the Study Area. Development Prototypes 26 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft E KINGS CANYON RDS MAPLE AVECHESTNUT AVE(4) SENIOR COTTAGES (5) TOWNHOMES (6) ADAPTIVE REUSE TOD Prospectus 27 Public Draft The Corridor Infill prototype represents the potential for a standalone, single-story, commercial office or retail building with an active frontage on the corridor and surface parking in the rear of the site and off the alley. This prototype may accommodate health services, retail, or office uses in a cost- effective, wood-frame construction and would likely require lot assembly. A portion of the front facade may set back and include a widened sidewalk and entry plaza along Ventura and Kings Canyon. Financial analysis of this prototype indicates a total estimated development cost of approx. $2.6m and return on investment of 6.9% for retail and a cost of $4.2m and return of 6.5% for medical office, with target annual rents of $18 per net square foot for retail and $32.5 per net square foot for medical office. Conceptual Plan Potential Site Prototype 1 - Corridor Infill 11,000 sf of building area 7,600 sf of landscape/open space 27 parking stalls Conceptual Rendering of Prototype 28 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft Development Program Prototype 1A - Infill Retail Prototype 1B - Infill Medical Office Lot Size 30,000 sf 30,000 sf Number of Units ---- Gross Residential Area ---- Net Residential Area ---- Average Unit Size ---- Gross Commercial Area 11,000 sf 11,000 sf Common Area/Amenity 176 sf -- Gross Building Area (ex. Pkg.)11,000 sf 11,000 sf Net Residential & Commercial 11,000 sf 11,000 sf Parking 11,400 sf 11,400 sf Parking Spaces 27 spaces 27 spaces Landscaped Areas 7,600 sf 7,600 sf Revenue Per SF Per Unit Total Per SF Per Unit Total Residential Rent (Sales Rev.)------------ Laundry, etc.------------ Commercial Inc. (per net com)$18.00 --$198,000 $32.50 --$357,500 Less Vacancy (5%)($0.90)--($9,900)($1.63)--($17,875) Gross Effective Income $17.10 --$188,100 $30.88 --$339,625 Less Operating (Sales) Exp.($0.90)--($9,900)($6.00)--($66,000) Net Annual Operating Income $16.20 --$178,200 $24.88 --$273,625 Development Costs Per SF Per Unit Total Per SF Per Unit Total Shell Costs $130 --$1,431,917 $255 --$2,800,252 Land ($10 per sf of land area)$27 --$300,000 $27 --$300,000 Site Improvements $27 --$300,000 $27 --$300,000 TI Allowance, commercial $10 --$110,000 $10 --$110,000 Permits & Fees $10 --$106,918 $9 --$103,325 Contingency (5% of direct costs)$8 --$86,596 $14 --$155,013 Other Soft Costs $15 --$164,670 $29 --$322,029 Financing $7 --$79,600 $12 --$130,200 Return on Cost Per SF Per Unit 6.9%Per SF Per Unit 6.5% Target Return on Cost ----6.5%----6.5% Supported Investment $249 --$2,741,538 $383 --$4,209,615 Estimated Development Cost $235 --$2,579,601 $384 --$4,220,618 Gap to Achieve Target Return $0 --$0 $1 --$11,003 TOD Prospectus 29 Public Draft The Corridor Infill, Mixed-Use prototype illustrates the potential for mixed-use with three floors of wood-framed residential above a concrete retail podium and surface / tuck-under parking. An active ground floor may accommodate retail, office, food and beverage uses, and common area amenities to service the residential use above. A portion of the front facade may set back and include a widened sidewalk and entry plaza along the Corridor. Financial analysis of this prototype indicates a total estimated development cost of approx. $15.3m and return on investment of 6.5% with average rents adjusted to $2,130 per month for the residential to achieve feasibility thresholds. As an alternative to increasing rents, affordable housing may be provided through the use of subsidies to finance the project and keep rents low. See prototype 2B. Potential Site Conceptual Plan - First Floor Prototype 2A - Corridor Infill, Mixed-Use 55,085 sf of residential space 13,070 sf of landscape/open space 58 parking stalls Conceptual Plan - Second-Fourth Floors Conceptual Rendering of Prototype 30 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft Development Program - Market Rate (2A) Prototype 2 - Mixed-use Residential - Market Rate (2A) Lot Size 49,707 sf Number of Units 54 units Gross Residential Area 55,085 sf Net Residential Area 38,880 sf Average Unit Size 720 sf Gross Commercial Area 5,250 sf Common Area/Amenity 7,350 sf Gross Building Area (ex. Pkg.)67,685 sf Net Residential & Commercial 44,130 sf Parking 22,600 sf Parking Spaces 58 spaces Landscaped Areas 13,070 sf Revenue Per SF Per Unit Total Residential Rent (Sales Rev.)$35.50 $25,560 $1,380,240 Laundry, etc.$0.25 $180 $9,720 Commercial Inc. (per net com)$18.00 $1,750 $94,500 Less Vacancy (5%)($1.68)($1,375)($74,223) Gross Effective Income $31.96 $26,116 $1,410,237 Less Operating (Sales) Exp.($9.49)($7,756)($418,797) Net Annual Operating Income $22.47 $18,360 $991,440 Development Costs Per SF Per Unit Total Shell Costs $261 $213,357 $11,521,279 Land ($10 per sf of land area)$11 $9,205 $497,070 Site Improvements $11 $9,205 $497,070 TI Allowance, commercial $1 $972 $52,500 Permits & Fees $7 $5,484 $296,150 Contingency (5% of direct costs)$14 $11,128 $600,917 Other Soft Costs $30 $24,536 $1,324,947 Financing $11 $8,700 $469,800 Return on Cost Per SF Per Unit 6.5% Target Return on Cost N/A N/A 6.5% Supported Investment $346 N/A $15,252,923 Estimated Development Cost $346 N/A $15,259,733 Gap to Achieve Target Return $0 $0 $6,810 TOD Prospectus 31 Public Draft Development Program - Affordable (2B) Prototype 2 - Mixed-use Residential - Affordable (2B) Lot Size 49,707 sf Number of Units 54 units Gross Residential Area 55,085 sf Net Residential Area 38,880 sf Average Unit Size 720 sf Gross Commercial Area 5,250 sf Common Area/Amenity 7,350 sf Gross Building Area (ex. Pkg.)67,685 sf Net Residential & Commercial 44,130 sf Parking 22,600 sf Parking Spaces 58 spaces Landscaped Areas 13,070 sf Prototype 2B is similar to Prototype 2A in its program, design, and potential locations. However, this prototype assumes a 100% affordable project. One- hundred percent affordable rental projects are typically built by non-profit developers and are funded with multiple layers of sources including low- income housing tax credits (LIHTC), State of California subsidy sources (such as the Affordable Housing Sustainable Communities [AHSC] program), and local subsidy sources (such as available low- and moderate-income housing funds and vouchers from the Housing Authority). These projects do not generate a profit and feasibility is measured by securing funding to cover 100% of project development costs and rental income sufficient to fund operating debt service costs. Financial analysis of this prototype indicates that the project would need a local subsidy ranging from $22,000 to $78,000 per unit, depending on the amount of State funding that could be obtained. Consistent with the requirements of the funding sources, the rents are assumed to be affordable to Very Low-Income households, earning no more than 50% of the Area Median Income (AMI). Monthly rents are estimated at $658 for a one-bedroom unit and $778 for a two-bedroom unit. Prototype 2B - Corridor Infill, Mixed-Use 32 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft Revenue Per SF Per Unit Total Residential Rent (Sales Rev.)$12.06 $8,685 $469,000 Laundry, etc.$0.17 $120 $6,500 Commercial Inc. (per net com)$18.00 $1,750 $94,500 Less Vacancy (5%)($0.66)($537)($29,000) Gross Effective Income $12.26 $10,019 $541,000 Less Operating (Sales) Exp.($6.63)($5,421)($292,725) Net Annual Operating Income $5.63 $4,598 $248,275 Development Costs Per SF Per Unit Total Shell Costs $284 $231,889 $12,522,000 Land ($10 per sf of land area)$11 $9,205 $497,070 Site Improvements $11 $9,205 $497,070 TI Allowance, commercial $1 $972 $52,500 Prevailing Wages $44 $36,315 $1,961,000 Permits & Fees $7 $5,484 $296,150 Contingency (5% of direct costs)$17 $13,926 $752,000 Developer Fee $63 $51,352 $2,773,000 Other Soft Costs $37 $30,022 $1,621,210 Financing $44 $35,796 $1,933,000 Total Development Costs $519 $424,000 $22,905,000 Sources of Funds - With Additional State Funding Per SF Per Unit Total Supportable Permanent Loan $72 $58,537 $3,161,000 Tax Credit Equity Investment $341 $278,630 $15,046,000 Other State Funding Sources $73 $60,000 $3,240,000 Deffered Developer Fee $6 $5,056 $273,000 Total Sources of Funds $492 $402,222 $21,720,000 (Less) Total Development Costs ($519)($424,000)($22,905,000) Subsidy Gap (Costs - Sources)($27)($22,000)($1,184,000) Sources of Funds - No Additional State Funding Per SF Per Unit Total Supportable Permanent Loan $76 $62,037 $3,350,000 Tax Credit Equity Investment $341 $278,630 $15,046,000 Other State Funding Sources $0 $0 $0 Deffered Developer Fee $6 $5,056 $273,000 Total Sources of Funds $423 $345,722 $18,669,000 (Less) Total Development Costs ($519)($424,000)($22,908,000) Subsidy Gap (Costs - Sources)($96)($78,000)($4,238,000) TOD Prospectus 33 Public Draft The Walk-Up Apartments prototype illustrates the potential for 2-story walk-up apartments in conventional wood- frame construction and with surface parking on a larger 3 to 5 acre lot. An active corner building facing the Corridor may accommodate retail, office, food and beverage uses, and common area amenities to service the residents. The center of the site may include a community clubhouse/ pool with pathway connections linking the site back to the Corridor. This prototype assumes larger units, including two and three-bedroom apartments that accommodate families. Financial analysis of this prototype indicates a total estimated development cost of approx. $19.9m and return on investment of 6.5% with rents adjusted to $1,742 per month to achieve feasibility thresholds. As an alternative to increasing rents, affordable housing may be provided through the use of subsidies to finance the project and keep rents low. See Prototype 3B. Conceptual Plan Potential Site Conceptual Rendering of Prototype Prototype 3A - Walk-Up Apartments 93,865 sf of residential space 45,088 sf of landscape/public open space 92 parking stalls 34 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft Development Program - Market Rate (3A) Prototype 3 - 2-Story Walk-Up Apartments - Market Rate (3A) Lot Size 137,910 sf Number of Units 92 units Gross Residential Area 93,865 sf Net Residential Area 76,200 sf Average Unit Size 828 sf Gross Commercial Area 2,110 sf Common Area/Amenity 2,630 sf Gross Building Area (ex. Pkg.)98,605 sf Net Residential & Commercial 78,310 sf Parking 41,150 sf Parking Spaces 92 spaces Landscaped Areas 45,088 sf Revenue Per SF Per Unit Total Residential Rent (Sales Rev.)$25.25 $20,914 $1,924,050 Laundry, etc.$0.22 $180 $16,560 Commercial Inc. (per net com)$18.00 $413 $37,980 Less Vacancy (5%)($1.26)($1,075)($98,930) Gross Effective Income $24.00 $20,431 $1,879,661 Less Operating (Sales) Exp.($7.40)($6,295)($579,114) Net Annual Operating Income $16.61 $14,136 $1,300,547 Development Costs Per SF Per Unit Total Shell Costs $175 $148,711 $13,681,398 Land ($10 per sf of land area)$18 $14,990 $1,379,100 Site Improvements $18 $14,990 $1,379,100 TI Allowance, commercial $0 $229 $21,100 Permits & Fees $6 $5,060 $465,561 Contingency (5% of direct costs)$10 $8,185 $753,025 Other Soft Costs $20 $17,102 $1,573,361 Financing $9 $6,700 $616,400 Total Development Costs (excl. land)$254 $215,968 $19,869,044 Return on Cost Per SF Per Unit 6.5% Target Return on Cost N/A N/A 6.5% Supported Investment $256 N/A $20,008,408 Estimated Development Cost $254 N/A $19,869,044 Gap to Achieve Target Return $0 $0 $0 TOD Prospectus 35 Public Draft Development Program - Affordable (3B) Prototype 3 - 2-Story Walk-Up Apartments - Affordable (3B) Lot Size 137,910 sf Number of Units 92 units Gross Residential Area 93,865 sf Net Residential Area 76,200 sf Average Unit Size 828 sf Gross Commercial Area 2,110 sf Common Area/Amenity 2,630 sf Gross Building Area (ex. Pkg.)98,605 sf Net Residential & Commercial 78,310 sf Parking 41,150 sf Parking Spaces 92 spaces Landscaped Areas 45,088 sf Prototype 3B is similar to Prototype 3A in its program, design, and potential locations. However, this prototype assumes a 100% affordable project. One- hundred percent affordable rental projects are typically built by non-profit developers and are funded with multiple layers of sources including LIHTC, State of California subsidy sources (such as the AHSC program), and local subsidy sources (such as available low and moderate-income housing funds and vouchers from the Housing Authority). These projects do not generate a profit and feasibility is measured by securing funding to cover 100% of project development costs and rental income sufficient to fund operating debt service costs. Financial analysis of this prototype indicates that the project would need a local subsidy ranging from $15,000 to $58,000 per unit, depending on the amount of State funding that could be obtained. Consistent with the requirements of the funding sources, the rents are assumed to be affordable to Very Low-Income households, earning no more than 50% of the AMI. Monthly rents are estimated at $658 for a one-bedroom unit and $778 for a two-bedroom unit. Prototype 3B - Walk-Up Apartments 36 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft Revenue Per SF Per Unit Total Residential Rent (Sales Rev.)$10.31 $8,543 $786,000 Laundry, etc.$0.14 $120 $11,000 Commercial Inc. (per net com)$18.00 $413 $37,980 Less Vacancy (5%)($0.54)($457)($42,000) Gross Effective Income $10.13 $8,619 $792,980 Less Operating (Sales) Exp.($6.32)($5,379)($494.899) Net Annual Operating Income $3.81 $3,240 $298,081 Development Costs Per SF Per Unit Total Shell Costs $189 $148,711 $13,681,398 Land ($10 per sf of land area)$18 $14,990 $1,379,100 Site Improvements $18 $14,990 $1,379,100 TI Allowance, commercial $0 $229 $21,100 Prevailing Wages $31 $26,402 $2,429,000 Permits & Fees $6 $5,060 $465,561 Contingency (5% of direct costs)$12 $10,120 $931,000 Developer Fee $44 $37,587 $3,458,000 Other Soft Costs $27 $22,613 $2,080,389 Financing $32 $27,326 $2,514,000 Total Development Costs $376 $320,000 $29,448,000 Sources of Funds - With Additional State Funding Per SF Per Unit Total Supportable Permanent Loan $48 $41,228 $3,793,000 Tax Credit Equity Investment $245 $208,380 $19,171,000 Other State Funding Sources $53 $45,000 $4,140,000 Deffered Developer Fee $12 $10,413 $958,000 Total Sources of Funds $358 $305,022 $28,062,000 (Less) Total Development Costs ($376)($320,087)($29,448,000) Subsidy Gap (Costs - Sources)($18)($15,000)($1,385,000) Sources of Funds - No Additional State Funding Per SF Per Unit Total Supportable Permanent Loan $51 $43,717 $4,022,000 Tax Credit Equity Investment $245 $208,380 $19,171,000 Other State Funding Sources $0 $0 $0 Deffered Developer Fee $12 $10,413 $958,000 Total Sources of Funds $308 $262,511 $24,151,000 (Less) Total Development Costs ($376)($320,130)($29,452,000) Subsidy Gap (Costs - Sources)($68)($58,000)($5,300,000) TOD Prospectus 37 Public Draft Prototype 4 - Senior Cottages 62,460 sf of residential space 129,170 sf of landscape/open space 84 parking stalls The Senior Cottages prototype illustrates the potential for senior housing to address a growing demand in the area. Buildings are formatted in one-story, five- and six-plex walk-up cottages with surface parking and on a lot larger than 5 acres. The community provides a centralized amenity area and cottages may be arranged around shared courtyards. A central paseo or green path connects the site to its neighborhood streets. Homes may include individual patios and represent a mix of one, two and three-bedroom units. Financial analysis of this prototype indicates a total estimated development cost of approx. $16.8m and return on investment of 6.5% with rents adjusted to $1,850 per month to achieve feasibility thresholds. Conceptual Plan Potential Site Conceptual Rendering of Prototype 38 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft Development Program Prototype 4 - Senior Cottages Lot Size 228,300 sf Number of Units 75 units Gross Residential Area 62,460 sf Net Residential Area 57,900 sf Average Unit Size 772 sf Gross Commercial Area 0 sf Common Area/Amenity 1,460 sf Gross Building Area (ex. Pkg.)63,920 sf Net Residential & Commercial 57,900 sf Parking 28,460 sf Parking Spaces 84 spaces Landscaped Areas 128,170 sf Revenue Per SF Per Unit Total Residential Rent (Sales Rev.)$28.75 $22,195 $1,664,625 Laundry, etc.$0.23 $180 $13,500 Commercial Inc. (per net com)$18.00 $0 $0 Less Vacancy (5%)($1.45)($1,119)($83,906) Gross Effective Income $27.53 $21,256 $1,594,219 Less Operating (Sales) Exp.($8.63)($6,659)($499,388) Net Annual Operating Income $18.91 $14,598 $1,094,831 Development Costs Per SF Per Unit Total Shell Costs $167 $129,221 $9,691,585 Land ($10 per sf of land area)$39 $30,440 $2,283,000 Site Improvements $39 $30,440 $2,283,000 TI Allowance, commercial $0 $0 $0 Permits & Fees $6 $4,344 $325,808 Contingency (5% of direct costs)$10 $7,983 $598,729 Other Soft Costs $19 $14,860 $1,114,532 Financing $9 $6,900 $517,500 Total Development Costs (excl. land) $290 $224,189 $16,814,154 Return on Cost Per SF Per Unit 6.5% Target Return on Cost N/A N/A 6.5% Supported Investment $291 N/A $16,843,558 Estimated Development Cost $290 N/A $16,814,154 Gap to Achieve Target Return $0 $0 $0 TOD Prospectus 39 Public Draft The Townhomes prototype illustrates the potential for 3-story walk-up townhomes in conventional wood-frame construction and with individual garage parking on a lot larger than 5 acres. The community provides a centralized amenity area and greenway that offers residents amenities and services and connects the site to neighborhood streets. Townhomes fronting the street contribute to a positive, pedestrian-friendly environment on the street, with front doors, porches, stoops, patios and windows facing the street and activating the street environment. Homes include larger living space and three and four-bedroom units to support families. Financial analysis of this prototype included analysis of both for-rent and for-sale product. The for-rent analysis indicates a total estimated development cost of approx. $43.3m and return on investment of 6.5% with rents adjusted to $3,100 per month to achieve feasibility thresholds. For-sale townhomes come in at a cost of $47.3m and return of 10% with sales prices of approximately $467,200 per unit to achieve feasibility thresholds. Prototype 5 - Townhomes 204,675 sf of residential space 118,555 sf of public open space 230 parking stalls Conceptual Plan Potential Site Conceptual Rendering of Prototype 40 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft Development Program Prototype 5A - 3-Story Rental Townhomes Prototype 5B - 3-Story For Sale Townhomes Lot Size 233,200 sf 233,200 sf Number of Units 115 units 115 units Gross Residential Area 204,675 sf 204,675 sf Net Residential Area 183,986 sf 183,986 sf Average Unit Size 1,600 sf 1,600 sf Gross Commercial Area 0 sf 0 sf Common Area/Amenity 1,200 sf 1,200 sf Gross Building Area (ex. Pkg.)205,875 sf 205,875 sf Net Residential & Commercial 183,986 sf 183,986 sf Parking 53,600 sf 53,600 sf Parking Spaces 230 spaces 230 spaces Landscaped Areas 118,555 sf 118,555 sf Revenue Per Sf Per Unit Total Per SF Per Unit Total Residential Rent (Sales Rev.)$23.25 $37,197 $4,277,675 $292 $467,164 $53,723,912 Laundry, etc.$0.15 $240 $27,600 N/A N/A N/A Commercial Inc. (per net com)$18.00 $0 $0 N/A N/A N/A Less Vacancy (5%)($1.17)($1,872)($215,264)(N/A)(N/A)(N/A) Gross Effective Income $22.23 $35,565 $4,090,011 N/A N/A N/A Less Operating (Sales) Exp./ Cost of Sale (5B) ($6.98)($11,159)(1,283,302)($8.76)($14,015)($1,611,717) Net Annual Operating Income (5A) / Net Sales Revenues (5B) $15.26 $24,406 $2,806, 708 $283.24 $453,150 $52,112,195 Development Costs Per Sf Per Unit Total Per SF Per Unit Total Shell Costs $169 $270,710 $31,131,665 $187 $299,712 $34,466,839 Land ($10 per sf of land area)$13 $20,278 $2,332,000 $13 $20,278 $2,332,000 Site Improvements $13 $20,278 $2,332,000 $13 $20,278 $2,332,000 TI Allowance, commercial $0 $0 $0 $0 $0 $0 Permits & Fees $5 $8,084 $929,685 $5 $8,084 $929,685 Contingency (5% of direct costs)$9 $14,549 $1,673,183 $10 $15,999 $1,839,942 Other Soft Costs $19 $31,132 $3,580,141 $22 $34,467 $3,963,686 Financing $7 $11,600 $1,334,000 $8 $12,700 $1,460,500 Total Development Costs (excl. land)$235 $376,740 $43,312,673 $257 $411,627 $47,324,652 Return on Cost Per SF Per Unit 6.5%Per SF Per Unit 10.1% Target Return on Cost N/A N/A 6.5%N/A N/A 10.0% Supported Investment $235 N/A $43,180,130 $257 N/A $47,374,722 Estimated Development Cost $235 N/A $43,312,673 $257 N/A $47,324,652 Gap to Achieve Target Return $1 $1,000 $132,543 $0 $0 $0 TOD Prospectus 41 Public Draft The Adaptive Reuse prototype illustrates the potential for repurposing vacant and underutilized sites and buildings for more active uses that serve the local business community in the Study Area. In meetings with business leaders in the area, an interest was expressed in developing an incubator space for small, “mom and pop” businesses. This prototype includes four to five incubator retail spaces with a shared access, storage area, and commercial kitchen. Parking is provided to the rear of the site off an alley and the street front includes a pedestrian plaza that may be used as spillover space for events. Financial analysis of this prototype is not provided as this development prototype would be best achieved with a social service, non-profit investor using grants and charitable contributions in combination with economic development agency support. Prototype 6 - Adaptive Reuse Potential Site Conceptual Plan Conceptual Rendering of Prototype 5,000 sf of building area 3,500 sf of landscape/open space 11 parking stalls 42 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft The Clovis Culinary Center (CCC) is a unique community non-profit that provides licensed commercial kitchen facilities and a food-related small business training program for small-scale food entrepreneurs in the San Joaquin Valley. Established in 2014 with the support of the City of Clovis, the Clovis Veterans Memorial District, the California FreshWorks Fund, the USDA, and Community Vision, CCC aims to help entrepreneurs start or expand their businesses and support local farms in the area. However, complying with state and federal food safety regulations that require a licensed commercial kitchen facility has been a challenge for small-scale food entrepreneurship in the region. CCC’s innovative model and partnership with various organizations are addressing these challenges and offering an affordable facility that will create jobs and spur local economic activity. To attract low-income residents to join CCC and start or expand a food-related business, the City of Clovis has committed $80,000 of funding towards free or reduced-cost memberships for its low-income residents during CCC’s first year of operation. Clovis culinary center partners with multiple organizations to help fund operations of their programs. CCC is also partnering with the Clovis Veterans Memorial District to provide free or reduced-cost memberships to area veterans who wish to gain access to CCC. The center’s efforts are expected to benefit not only individuals but also families and communities in the San Joaquin Valley by offering a path to improve financial success through small-scale food entrepreneurship. The Fresno Metro Ministry/Better Blackstone organization launched the What’s Cooking Fresno? Food Business & Entrepreneurship Training Program in 2018 to support aspiring food business entrepreneurs, chefs, and management professionals. The program received funding from The Kresge Foundation FreshLo initiative, which supports community-based organizations’ projects. The organization’s Building the Better Blackstone CDC through Food Oriented Placemaking project was one of the 26 grant recipients out of 528 applicants and only two in California. The initiative aimed to improve the community by using food- oriented placemaking strategies. The program’s success indicates the potential of food-oriented placemaking in building local businesses and employment opportunities. Case Study - Clovis Culinary Center Case Study - What’s Cooking Fresno? TOD Prospectus 43 Public Draft The following plans illustrate development and revitalization concepts for two representative station areas on the Corridor. Station Area Plans 44 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft TOD Prospectus 45 Public Draft A Transit Benefits Assessment was prepared by CR Associates and is appended to this report (See Appendix B for more details). The assessment included analysis of the nine ‘Q’ line stations in the Study Area against five transit orientation indicators / metrics to indicate the transit-supportiveness of the station areas. Each station area was ranked and the top scoring station areas identified were the Cedar Station and a combined area at the Chestnut/Willow Stations. CEDAR STATION VENTURA AVE CEDAR AVE46 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft As seen along the Corridor: Tacos, Tijuana, Local Street Art, Bitwise Headquarters As seen along the Corridor: Selena Mural, Cedar Ave Bus Station, Fresno Fair Street Art KEY POINTS New Development along the corridor has the potential to transform Ventura Ave into a walkable “Main Street“ with continuous and active storefronts facing the street. The neighborhoods around Cedar Station are older and include smaller lots with both residential and commercial buildings that are located adjacent to the sidewalk and address the street. This existing positive street frontage is an ideal condition for transit corridors. This portion of the Corridor is planned for Neighborhood Mixed-Use (NMX) land use and is expected to evolve over time as a traditional “Main Street” environment with active storefronts, outdoor seating, and pedestrian oriented design at a neighborhood scale. Future development is expected to include ground-floor neighborhood retail uses and upper-level housing or offices, with a mix of small lot single-family, townhomes, and multi-family dwelling units on side streets, in a horizontal or vertical mixed use-orientation. The primary development pattern for Cedar Station is for TOD to “fill in the gaps” in that street edge and provide a continuous, activated frontage. Key strategies to implement in this station area include: Positive Street Frontage - Infill development that is built out to face the street, engage with the street, and provide an active pedestrian environment. Transparent Storefronts - Infill development that provides storefronts with transparent glazing so passersby can interact with businesses at a walking speed and businesses can maintain “eyes on the street” for natural surveillance. Inviting Public Spaces - Infill development that invites pedestrians into shared open spaces that promote events, sidewalk seating, spillover retail, and gathering. Cultural Expression - Infill development that is colorful, festive, artistic, and expresses a culture of place along the Corridor, its businesses, and the people who live in the area. Streetscape Improvements - Infill development that supports widened sidewalks, landscape and trees to make the street environment pleasant and safe for everyone. TOD Prospectus 47 Public Draft Conceptual rendering of potential mixed-use infill development on Ventura Conceptual rendering of streetscape improvements along Ventura48 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft Conceptual rendering of streetscape improvements along Ventura Conceptual rendering of potential mixed-use infill development on Ventura TOD Prospectus 49 Public Draft Conceptual rendering of TOD at the Cedar Station Area 50 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft TOD Prospectus 51 Public Draft E KINGS CANYON RDCHESTNUT AVEWILLOW AVECHESTNUT/ WILLOW STATION 52 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft As seen along the Corridor: Street view, The Fresno Center, Asian Village As seen along the Corridor: Retail plaza, Willow Bus Station, Olmos Elementary New Development along the corridor has the potential to transform commercial centers into placemaking hubs with housing, gathering spaces, safe pedestrian connections, and mobility amenities next to the Q-line stations. KEY POINTS The Chestnut / Willow Avenue Station Area is newer and has larger lots and strip mall type shopping centers designed for the auto, with large parking lots addressing the street and retail buildings located at the back of the lots. This portion of the Corridor is planned Corridor/ Center Mixed-Use (CMX), which permits taller and more intense development than the NMX designation and is expected to evolve over time into vibrant, highly walkable corridor with broad, pedestrian-friendly sidewalks, trees, landscaping, and local-serving uses with new buildings that step down in relationship to the scale and character of adjacent neighborhoods. The CMX designation allows horizontal or vertical mixed-use development along this newer portion of the corridor where additional height and density can be easily accommodated. Ground-floor retail and upper-floor residential or offices are the primary uses, with residential uses, personal and business services, and public and institutional space as supportive uses. This development will help facilitate the transformation of transportation corridors into vibrant, highly walkable areas. Key strategies to implement in this station area include: Phased Approach - Recognizing that development is constrained in this area, a framework for development may follow a phased approach, with streetscape enhancements and neighborhood placemaking as first steps, followed by new connections and selective development at later stages. Connectivity - New connections to break-up the large superblocks created by big-box commercial uses in the area. Placemaking - Gathering areas to support existing businesses, allow them to expand into outdoor areas, and increase their visibility. Integrated Development - Selective new development focused on underutilized, excess, or vacant portions of a center with new housing that is integrated with existing commercial uses and parking areas. TOD Prospectus 53 Public Draft Step 1 - Enhance the Streetscape Proposed Framework 54 TOD Prospectus Former Taxpayer Advocate Service 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft Step 2 - Make New Connections TOD Prospectus 55 Former Taxpayer Advocate Service Public Draft Step 3 - Embrace Opportunities for Placemaking 56 TOD Prospectus Former Taxpayer Advocate Service 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft Step 4 - Integrate Selective New Development TOD Prospectus 57 Former Taxpayer Advocate Service Public Draft Conceptual rendering of TOD in the Chestnut/Willow Station Area 58 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft TOD Prospectus 59 Former Taxpayer Advocate Service Public Draft Conceptual rendering of residential integrated with existing commercial “big box” Conceptual rendering of placemaking in a commercial center parking lot60 TOD Prospectus 4.1|4.2|4.3|INTRODUCTION KEY INVESTMENT OPPORTUNITIES STATION AREAS Public Draft Conceptual rendering of a mobility hub at the Chestnut Station Conceptual rendering of placemaking in a commercial center parking lot TOD Prospectus 61 Public Draft 5 IMPLEMENTATION includes a summary of potential funding and financing resources to promote TOD. This Chapter is organized into the following sections: 5.1 Introduction 5.2 Funding & Financing Resources 5.3 Existing City Resources 5.4 Tax-Increment Financing 5.5 State & Federal Programs 63 ImplementationPublic Draft 5.1 Introduction 64 Implementation 5.1|5.2|FUNDING & FINANCING RESOURCESINTRODUCTION 5.3|EXISTING CITY RESOURCES 5.4|TAX- INCREMENT FINANCING 5.5|STATE & FEDERAL PROGRAMS This section describes funding and financing tools for infrastructure and affordable housing that could facilitate the implementation of the Study. A funding and implementation matrix is included in Appendix D and enumerates potential resources. It is important to note that implementation of development along the Corridor and in the two identified station areas will need to occur over time, incrementally, and in phases. For station areas surrounded by auto- centric commercial centers with “big box” uses, development will require a phased approach. In these instances, a first phase may involve simple pedestrian enhancements and place-making projects in and around the centers to make them more attractive destinations for customers. With a stronger pedestrian infrastructure in place, these centers may begin to see development in selective portions of the center, where the opportunity for other uses exists, such as the addition of housing. As demonstrated in the six development prototypes included in the Study, a variety of opportunities exist for development along the Corridor. While sites in the Study Area accommodate this range of development types, the financial models for all but one of the prototypes demonstrate that rents will need to increase significantly for projects to work financially. Increases in rents may result in the gentrification of the area and potential displacement of its residents, businesses, and community organizations. In order to combat potential displacement, the City should be proactive in implementing anti-displacement policies and programs. A viable approach in the near-term development of the area is for projects to rely on some form of subsidy to make the project financially feasible and “close the gap” on its financing. Subsidies can also help keep rents affordable so that existing residents and businesses can remain and thrive in their community. This section describes a range of subsidy programs that may be used to accomplish this goal. Finally, development never occurs in a vacuum and with a single actor. Development requires a partnership between the community, City officials, and a team of development professionals, builders, construction workers, and real estate professionals. This Study recommends that a Development Resource Working Group be formed to include this broad coalition of stakeholders. A Development Resource Working Group can advance the vision of the Study and advocate for improvement of the Corridor. Such a group can also act as a liaison between community stakeholders and businesses and the broader development community to ensure that a relationship built on trust and mutual interests can flourish so that development in the Study Area and overall Southeast Fresno community can benefit those who live and work in the area the most. Public Draft 5.2 Funding & Financing Resources 65 Implementation 5.1|5.2|FUNDING & FINANCING RESOURCESINTRODUCTION 5.3|EXISTING CITY RESOURCES 5.4|TAX- INCREMENT FINANCING 5.5|STATE & FEDERAL PROGRAMS Development Funding & Financing 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 the improvements before the revenue to cover the full cost of the improvements is available. The funding sources and financing tools have been evaluated relative to their purpose, process of adoption and implementation. Funding and financing mechanisms are organized under four broad categories: 1. Developer, property owner, and user funding, financing and resources for infrastructure 2. Existing City resources for infrastructure and affordable housing 3. Tax-increment financing for infrastructure, public facilities, and affordable housing; and 4. State and federal funds for infrastructure, and affordable housing Developer Funding & Financing Resources Developers are primarily responsible for building on-site improvements necessary to complete their projects. In contrast, the path to delivery of infrastructure that serves a broader area requires greater coordination among public and private stakeholders. The mechanisms described below offer ways of engaging developers in the funding and financing of off-site improvements necessary for accommodating new development and spurring further economic growth. A final tool, incentive agreements, provides a vehicle for local agencies to fund a portion of on-site costs in cases where private development would not otherwise be feasible. A. Development Impact Fees Pursuant to the Mitigation Fee Act1, local agencies may assess impact fees to cover incremental service and capital costs of new development. Fees are typically paid at the time of building permit issuance or recording the final subdivision map and are placed into a reserve fund for specific improvements. Parking or traffic mitigation fees are examples of development impact fees. A technical analysis is required to demonstrate the proportional relationship between the fee and the incremental costs to the agency, prior to adoption by the legislative body. Local agencies may also consider market factors when setting fees, in particular, whether fee levels stand to impact development feasibility. Impact fees provide an important revenue source for funding local infrastructure. The challenge is sequencing current fee revenues with infrastructure investments necessary to serve near- and long-term growth. Several tools address this challenge by encouraging private investment in area-serving infrastructure, discussed below. Public Draft 66 Implementation 5.1|5.2|FUNDING & FINANCING RESOURCESINTRODUCTION 5.3|EXISTING CITY RESOURCES 5.4|TAX- INCREMENT FINANCING 5.5|STATE & FEDERAL PROGRAMS B. Special Assessment and Special Tax Districts The intent of special assessment and special tax districts is to fund public capital facilities to serve new development. Districts adopt a new special assessment or special tax paid by property owners within a defined area, which can be used to issue debt for capital improvements that benefit the district. Pursuant to Proposition 218, special assessments must be assigned to property owners in direct proportion to the benefits received from targeted improvements. Special tax districts are not subject to the same standard and allow for a variety of property characteristics – other than property value – to determine tax apportionment. Both special assessments and special tax districts are subject to approval by voters (if 12 or more are registered in the district) or affected property owners (in all other cases). A simple majority is required for special assessments, whereas special taxes must be approved by a two-thirds majority. The scope of eligible activities in special tax districts is broader than in special assessment districts. While facilities or services funded by special assessment districts must confer “special benefits” upon affected property owners, special tax districts must only ensure that new capital facilities and services supplement, rather than supplant, existing levels of service in the district. Due to their greater flexibility, special tax districts are more commonly utilized than special assessment districts. Special tax districts are typically authorized under the Mello-Roos Communities Facilities Act of 1982 and are referred to as Community Facilities Districts (CFDs). A variety of special assessment districts are authorized under state law, including the Municipal Improvement Act of 1913, Landscape and Lighting Act of 1972, and Benefit Assessment Act of 19822 . A comparison of the two structures follows. Mello Roos/Community Facilities Districts (CFDs) Process: The process to establish a CFD may be initiated by two members of the sponsoring legislative body, 10 percent of district voters, or 10 percent of landholders (measured by acreage owned). Proposed districts may include non- contiguous areas. Adoption of the special tax requires a public hearing and an affirmative vote by two-thirds of the qualifying electorate. If there are 12 or more registered voters within the proposed geographic area of the district, then the formation election is an election of registered voters. If there are less than 12 registered voters, then the formation election is an election of property owners, with each owner receiving one vote per acre of owned property. The same approval requirements apply to the issuance of bonds. Bonds are limited to a 40- year maturity and are secured by special tax payments. CFD taxes are paid concurrently with ad valorem property taxes. Throughout the life of the district, an annual report must be produced upon request of property owners. Use of Funds: CFDs are eligible to fund the planning, design, construction, rehabilitation or acquisition of a broad range of public facilities. Examples of eligible improvements include: • Streets and public right of way improvements; • Park, recreation, and open-space facilities; • School sites and structures; • Libraries, childcare facilities; • Water, wastewater and utility infrastructure; • Stormwater management; • Flood infrastructure; and • Seismic retrofitting. 1 Government Code §66000 2 Government Code §53311 Public Draft 67 Implementation 5.1|5.2|FUNDING & FINANCING RESOURCESINTRODUCTION 5.3|EXISTING CITY RESOURCES 5.4|TAX- INCREMENT FINANCING 5.5|STATE & FEDERAL PROGRAMS In addition, districts may fund certain public services provided that services are not funded with bond proceeds and services do not supplant those offered prior to the formation of the district. Examples of eligible services include fire and police protection and the maintenance of new infrastructure or parks. Evaluation: CFDs have proven effective at funding broad-based capital projects in developing areas, similar to the Study Area. They are most commonly used in circumstances in which approval is limited to a small group of land holders. The special tax creates a dedicated funding source suitable for bond financing but also an additional cost on property ownership. CFDs could be particularly useful for funding KCCTOD related improvements. Special Assessment Districts Process: Special assessments districts require the preparation of an engineer’s report that demonstrates that planned improvements will confer a “special benefit” upon the district. The report must also allocate the costs of proposed improvements in proportion to benefits received from services and improvements. Affected property owners vote on the assessment, with voting weighted proportionally to each property owner’s proposed assessment. A simple majority is required for the assessment to take effect. Once established, the sponsoring public agency may issue bonds secured against assessment revenue, pursuant to the Improvement Bond Act of 19153. Uses of Funds: The many variants of special assessment districts under state law authorize the construction of public facilities such as landscaping, lighting, streets, water, wastewater and storm water infrastructure, parks and public facilities. Most assessment districts also allow funding of maintenance costs associated with public facilities. However, assessment bonds are not authorized to pay for ongoing services. Evaluation: Special assessments are appropriate for funding maintenance and infrastructure when benefits can be clearly measured and apportioned among landholders. The revenue capacity of special assessment districts is relatively limited given that assessments may only account for benefits conferred on specific property owners that go beyond standard levels of service. C. Developer Credits and Reimbursements 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. Local agencies may pledge future development-based revenues, such as impact fees, assessments or special taxes towards the reimbursement agreement; however, pursuant to Government Code §53190, the general fund must not be liable for repayment of obligations. All special levies and assessments are subject to approval by property owners and voters, as described in the previous section. 3 Streets & Highways Code §8500 Public Draft 68 Implementation 5.1|5.2|FUNDING & FINANCING RESOURCESINTRODUCTION 5.3|EXISTING CITY RESOURCES 5.4|TAX- INCREMENT FINANCING 5.5|STATE & FEDERAL PROGRAMS D. Development Agreements and 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 offer 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 for infrastructure improvements. E. Economic Incentive Agreements Incentive agreements provide the private sector a form of gap funding in situations where the development economics do not support the full cost of a commercial project with the potential to deliver substantial community benefits. Local agencies may enter into incentive agreements 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. Incentive agreements may also rebate a portion of Transient Occupancy tax revenues generated by new lodging developments. Developers or tenants can leverage such agreements to finance site or tenant improvements in private capital markets secured by anticipated tax rebates. Pursuant to Section 53083 of the California Government Code, jurisdictions providing economic development subsidies must specify in a public hearing the amount of the subsidy and the projected benefits prior to entering into an incentive agreement valued above $100,000. F. User and Enterprise Fees User fees could be a potential source of funding for water, wastewater, and stormwater improvements. However, user fees in urbanized areas typically pay for ongoing operations and maintenance of existing facilities and may not be a major source of funding for improvements in the Southeast Fresno area. Public Draft 5.3 Existing City Resources A. General Fund While not a primary funding source, the City’s General Fund may be a useful source for short- term loans to be repaid by longer-term sources of capital. B. Capital Improvement Program (CIP) A portion of the infrastructure projects may be appropriate for including in the City’s Capital Improvement Program. C. Local Housing Trust Fund In 2021, the City of Fresno passed Resolution 2021-201, establishing a Local Housing Trust Fund (LHTF) to support access to decent, safe, and affordable housing within the city. The LHTF can provide funding to a variety of community- supported housing programs and activities according to adopted Program Guidelines. 5.4 Tax-Increment Financing Tax-increment financing permits local agencies to finance infrastructure and other community improvements by issuing bonds secured by growth in an area’s property tax revenues. Tax- increment financing was approved by California voters in 1952 and later became a widely used tool of redevelopment agencies. Following the dissolution of redevelopment in 2012, the State of California has bolstered alternative means of tax-increment finance through the approval of legislation that permits the creation of “Enhanced Infrastructure Finance Districts” (EIFDs) and other variations of financing districts. While not as robust as redevelopment agencies, alternative tools can serve as an important funding source for public facilities and other eligible projects. Once established, districts are authorized to receive tax-increment revenues from a defined area with the consent of affected taxing entities, excluding school districts. The financing capacity of the districts is driven by a city’s portion of the 1% property tax levy and the magnitude of new real estate development/ value that is anticipated to occur within the district. It is an effective tool when a city receives a large share of the 1% property tax levy. The City of Fresno receives approximately 19.6% of the 1% base levy, which is a typical allocation rate for a city. Other local tax revenues can be deposited into an EIFD, including property taxes in-lieu of motor vehicle license fees, Redevelopment Property Tax Transfer Funds (RPTTF), assessment district revenues, etc. Districts may include any area, including non-contiguous areas, within a sponsoring city or county. A. Enhanced Infrastructure Finance Districts (EIFDs) Process: The governing local agency (county for unincorporated areas) is permitted to initiate the formation of an EIFD. The first step entails forming a Public Financing Agency (PFA) to govern the district and adopting a 69 Implementation 5.1|5.2|FUNDING & FINANCING RESOURCESINTRODUCTION 5.3|EXISTING CITY RESOURCES 5.4|TAX- INCREMENT FINANCING 5.5|STATE & FEDERAL PROGRAMS Public Draft resolution of intention to form the district. The governing entity oversees the preparation of the infrastructure finance plan, which must specify the boundaries of the district, the projects to be financed, tax revenues to be captured over time, a plan for debt financing, a fiscal analysis, and the district term. The EIFD is approved through a process of three public hearings and a ”protest vote” of registered voters within the boundaries of the proposed district, which is only required if more than 25% of combined registered voters and landowners register disapproval of the formation. Otherwise, the district is formed by a majority vote of the members of the PFA. Voter approval is not required for the issuance of bond debt secured by the EIFD. Term: An EIFD may extend 45 years from approval of bond issuance. Use of Funds: At a minimum, infrastructure finance districts are eligible to fund public facilities that serve an area broader than the boundaries of the district. Such facilities may include transportation infrastructure, water and wastewater infrastructure, solid waste facilities, and community amenities including parks, libraries, and childcare centers. All structures also authorized funding of affordable housing costs associated with a Transit Priority Project, pursuant to Government Code §654704. The scope of EIFDs extends to other forms of private development assistance, including brownfield restoration, Sustainable Communities Strategy projects, industrial structures for private use, and affordable housing. While not required to build housing, infrastructure finance districts must replace any affordable units destroyed or removed in the course of the district’s activities. Funding Capacity: EIFD revenues are generated by the voluntary allocation of a portion of each participating agency’s share of incremental property tax revenues generated within the boundaries of the district. It is likely that the City would be the only participating taxing agency of an EIFD at the SDC. EIFD revenues can be used to fund improvements on a pay-as-you-go basis, to reimburse developers or to secure debt. Other terms: EIFDs are funded by a diversion of incremental property tax revenues to the district. It is not a new tax on property or secured by a lien on property. 70 Implementation 5.1|5.2|FUNDING & FINANCING RESOURCESINTRODUCTION 5.3|EXISTING CITY RESOURCES 5.4|TAX- INCREMENT FINANCING 5.5|STATE & FEDERAL PROGRAMS 4 A Transit Priority Project must be located within a half mile of a major transit stop, contain at least 50 percent residential uses, and reserve at least 20 percent of units for families with moderate incomes or less. Public Draft 5.5 State & Federal Programs State Programs Federal, state, and regional grants, loans and incentive programs are valuable sources of gap financing and funding for local infrastructure and economic development projects. There are a number of programs to fund projects that improve sustainability – affordable housing, bicycle paths, in-fill housing, connectivity improvements, intensifying development around public transit hubs, etc. A. Sample Grant Programs Cap and Trade Funds – AHSC Program (Affordable Housing & Sustainable Communities). These funds are administered by the Strategic Growth Council and implemented through California Department of Housing and Community Development (HCD). The goal of the funds is to incentivize the development of compact, transit-oriented affordable housing, transportation infrastructure and enhancements, and related programs that reduce greenhouse gas emissions (GHGs). Infill Infrastructure Grant Program (IIG). This program is administered by the HCD. The primary goal is to promote infill housing development by funding infrastructure improvements that support higher density affordable and mixed-income housing in infill locations. Active Transportation Program (ATP). This program is administered by Caltrans. The purpose of the ATP is to encourage increased use of active modes of transportation, biking & walking. The ATP consolidates existing federal and state transportation programs, including the Transportation Alternatives Program (TAP), Bicycle Transportation Account (BTA), and State Safe Routes to School into a single program with a focus to make California a national leader in active transportation. B. Loan Programs Loan programs provide local agencies and private partners with loan guarantees, access to tax exempt bond pools, or other forms of debt financing with favorable rates and terms. Commonly utilized loan programs include: Clean Water State Revolving Fund Program. This program is administered by the State Water Resources Control Board. It provides low cost financing for a wide variety of water quality projects. State Infrastructure Bank – Industrial Development Bonds. The State Infrastructure Bank’s Industrial Development Bonds program funds the acquisition, construction and rehabilitation of manufacturing facilities. Bonds are issued by the State Infrastructure Bank, local Industrial Development Authorities, or Joint Power Authorities. Applications are submitted for specific projects rather than for community wide improvements. IDB financing provides projects up to $10 million in long-term financing at favorable interest rates. Terms of maturity are limited to 120% of the life of the assets financed. The majority of funds must be dedicated toward production purposes; no more than 25% may support investments in office or warehouse space. Applications are accepted on an ongoing basis. State Infrastructure Bank Revolving Loan Program. The State Infrastructure Bank Revolving Loan Fund provides favorable loans of up to $25 million to local agencies to finance a range of infrastructure projects. Eligible projects include public facilities such as streets, water and waste water infrastructure, as well 71 Implementation 5.1|5.2|FUNDING & FINANCING RESOURCESINTRODUCTION 5.3|EXISTING CITY RESOURCES 5.4|TAX- INCREMENT FINANCING 5.5|STATE & FEDERAL PROGRAMS Public Draft as private development assistance including the construction of industrial and commercial facilities and related infrastructure. Local agencies determine the revenue source for loan repayment. Applications are accepted on an ongoing basis. Statewide Community Infrastructure Program. The Statewide Community Infrastructure Program (SCIP) is a tax exempt financing pool administered by the California Statewide Communities Development Authority (CSCDA). Thirty-year, tax-exempt bonds issued by CSCDA are secured by special assessments or a special tax levy. Proceeds may be used to fund public facilities, advance impact fees payable to a local agency, or reimburse developers for the cost of public improvements. The SCIP achieves favorable interest rates by pooling smaller financings into a single bond issuance. SCIP can also assist local agencies in the establishment of special assessment or community facility districts. Any local agency that is a member of CSCDA is eligible to participate; applications are accepted on an ongoing basis. Federal Programs A. Low Income Housing Tax Credit Program (Federal and State Program) for Affordable Rental Housing The low-income housing tax credit (LIHTC) program, created in 1986 and made permanent in 1993, is an indirect federal subsidy used to finance the construction and rehabilitation of low-income affordable rental housing. Without the incentive, affordable rental housing projects do not generate sufficient profit to warrant the investment. The LIHTC gives investors a dollar-for-dollar reduction in their federal tax liability in exchange for providing financing to develop affordable rental housing. Investors’ equity contribution subsidizes low-income housing development, thus allowing some units to rent at below-market rates. In return, investors receive tax credits paid in annual allotments, generally over 10 years. Investor equity contributed to the project in exchange for the credits typically finances 30% to 60% of the capital costs of the project. California generally requires affordability covenants to remain in place for a minimum of 55 years. B. Infrastructure Investment and Jobs Act (Federal Funding) for Infrastructure Investments The Infrastructure Investment and Jobs Act (IIJA), a federal law passed in 2021, authorizes $1.2 trillion in funding for infrastructure projects over the next decade. It is estimated that the State of California will capture approximately $42 billion5 in infrastructure funding from IIJA. More specifically, the law provides several provisions that will help alleviate development expenses incurred by the City or Developer for on and off-site infrastructure improvements. For instance, IIJA includes funding for Community Development Block Grants, which can be used for a variety of purposes related to community development and infrastructure, such as new sidewalks or streetlights. The law also provides significant funding for transportation infrastructure, such as roads, bridges, and public transit, which may also be accessible to developers for on-site improvements that involve transportation infrastructure. Finally, the law also includes funding for a range of other initiatives, such as water and broadband infrastructure, electric vehicle charging infrastructure, lead pipe replacement, the modernization of public transit systems, and funding for the redevelopment of brownfield sites. 72 Implementation 5.1|5.2|FUNDING & FINANCING RESOURCESINTRODUCTION 5.3|EXISTING CITY RESOURCES 5.4|TAX- INCREMENT FINANCING 5.5|STATE & FEDERAL PROGRAMS 5 Based on formula funding alone. Public Draft 75 AppendicesPublic Draft A APPENDICES 76 Appendices Public Draft www.fresno.gov/KCCTOD https://tinyurl.com/KCCTOD-Appendix-A Appendices For additional information on the Kings Canyon Corridor Transit-Oriented Development Connectivity Study, please refer to the appendices included in the report. To access these appendices, please visit the respective links or scan the QR codes provided Appendix A- Development Financial Feasibility Study Appendix A contains a Development Financial Feasibility Analysis, which provides an analysis of the financial feasibility of the conceptual building prototypes described in Chapter 3. 77 AppendicesPublic Draft https://tinyurl.com/KCCTOD-Appendix-B https://tinyurl.com/KCCTOD-Appendix-C https://tinyurl.com/KCCTOD-Appendix-D Appendix B- Exisiting Conditions Atlas Appendix C- Mobility Concepts Appendix D- Implementation Matrix Appendix B is an Existing Conditions Atlas, which summarizes baseline information on existing conditions, opportunities, and constraints along the Corridor. To support the existing conditions analysis, a full market analysis and transit benefits assessment were performed, which are also included in this report. Appendix C depicts grant-ready Mobility Concepts for areas along the Corridor that were identified in the transit benefits assessment as most prime for enhancements. Appendix D provides an Implementation Matrix with additional details for funding and financing tools described in Chapter 5 that have the potential to facilitate the implementation of TOD along the Corridor. Sunnyside Property Owners Association P.O. Box 8096 Fresno, CA 93747 City of Fresno Long Range Planning/Planning & Development 2600 Fresno Street Fresno, CA 93721 ATT: Sophia Pagoulatos RE: Kings Canyon Corridor Transit-Oriented Development Connectivity Study (KCCTOD) The Board of Directors of the Sunnyside Property Owners Association (SPOA), appreciate the opportunity to provide further comment regarding the daft Kings Canyon Corridor Connectivity Study (KCCTOD). As stated in the draft, “The Corridor is envisioned in the General Plan as a mixed-use corridor with a “Main Street” character with active storefronts, outdoor seating, and pedestrian-oriented design at a neighborhood scale.” The report evaluates the viability of higher density, mixed-use, walkable development along the Corridor to support the City’s bus rapid transit system. The Corridor is identified as a jobs-center, accounting for 9% of the City’s jobs, while supporting only 7% of the city population. The Market Analysis estimates that 2791 new jobs will be created within the corridor by 2035; the majority in health, followed by retail and logistics. Whereas the indicators promise robust commercial growth, there is only a modest need for new housing. The market analysis projects a demand for only 226 additional units, however discourse about the Corridor seems to focus only on high-density housing, though the report indicates more of a need for non-residential growth. We are encouraged that the prototypes included a range of housing types, featuring an option for seniors and a financial analysis for both for-rent and for-sale townhomes. Currently sixty-seven percent of the Corridor’s residents are renters (compared with a city average of 49 percent). There are 4691 multi-family units and every one of those units are below market rate (highest rental rate is $940/month). We would support a modest increase in residential units; one to two story developments that conform to “neighborhood scale” with a better balance of owner occupied and market rate rental housing. Subsidies in the form of first-time homebuyer assistance programs would promote home ownership; fostering pride and commitment within the Corridor. Judging by the waiting list at the Armenian Home, additional senior housing is needed; and provisions for aging homeowners puts homes back on the market for younger residents. Market rate rentals would provide housing options for young professionals working downtown and put disposable income into growing retail along the Corridor. The KCCTOD Connectivity Study shows a profit across all development prototypes; the implementation strategies, proposed framework and conceptual renderings promise a healthy vibrant corridor. It is a good first step but much more needs to be done to ensure the Corridor provides an attractive, safe environs to live, shop and recreate. Please add the SPOA as an “Important community partner and interested party” to be noticed in the final report to the planning commission and city council. Respectfully submitted, Sue Williams, For the Board of Directors of the Sunnyside Property Owners Association Cc: Mayor Jerry Dyer, Councilmember Luis Chavez, City Clerk Todd Stermer, City Manager G. White FRESNO CITY PLANNING COMMISION RESOLUTION NO. _13802_______ The Fresno City Planning Commission, at its regular meeting on July 5, 2023, adopted the following Resolution relating to the Kings Canyon Corridor Transit-Oriented Development Connectivity Study. WHEREAS, the City of Fresno (City) applied for and received Fresno County Measure C Transit-Oriented Development grant funds through the Fresno Council of Governments (Fresno COG) for the purposes of completing the Study; and WHEREAS, the City entered into a Grant Agreement with the Fresno COG on October 30, 2019 for the purposes of developing a Market Analysis and BRT Station Area Planning Framework along the Ventura / Kings Canyon Corridor (Corridor) called the Kings Canyon Corridor Transit-Oriented Development Connectivity Study (Study); and WHEREAS, the City entered into a consultant services agreement with Citythinkers to assist in the preparation of the Strategy, and also entered into an agreement with Every Neighborhood Partnership and Jackson CDC to assist with outreach; and WHEREAS, the Study Area is located along the Corridor in the area bounded by East Tulare Avenue to the north, East Butler Avenue to the south, South Argyle Avenue to the east, and Highway 41 to the west; and WHEREAS, the Study serves as a resource for the City, partner agencies, private sector agencies, and community members, which can be used in the planning for the implementation of transit-oriented development along high-quality transit corridors in the city; and WHEREAS, the community’s input was an essential element to the development of the Study, and the outreach process was comprised of pop-ups, mobile workshops, presentations, tabling, workshops, interviews, surveys, and the sharing of information through zines (short for magazines); and WHEREAS, on June 12, 2023, the Council District 5 Project Review Committee reviewed the Study and recommended approval; and, WHEREAS, on July 5, 2023, the Fresno City Planning Commission held a public hearing to consider the Study, receive public comment, and consider the Planning and Development Department’s report recommending adoption of the proposed Study; and, WHEREAS, the Fresno City Planning Commission took action to approve the subject application; 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 in accordance with its own judgement that the Environmental Assessment is appropriate, a determination that the proposed study is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 as a feasibility and planning study. The Planning Commission has determined that the Study is statut orily exempt from CEQA because it provides information on how to implement transit-oriented development along high-quality transit corridors but does not include any land use changes or rezoning, nor does it commit the City of Fresno to any particular actions set forth in the document. 2. The Commission finds in accordance with its own judgement that the acceptance of the proposed Kings Canyon Transit-Oriented Development Connectivity Study is in the best interest of the City. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the Kings Canyon Corridor Transit-Oriented Development Connectivity Study, pertaining to approximately 2,880 acres located in Southeast Fresno, be accepted. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Bray, seconded by Commissioner Diaz. VOTING: Ayes - Vang, Hardie, Bray, Diaz, Lyday Noes - None Not Voting - None Absent - Wagner DATED: ___________________________ JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No.13802 Kings Canyon Corridor Transit-Oriented Development Connectivity Study Action: Recommend acceptance (to the City Council) KCCTOD STUDY CITY OF FRESNO RECENT PLANS STUDY AREA STUDY OBJECTIVE PRESENTATION OVERVIEW PLANNING PROCESS COMMUNITY ENGAGEMENT DOCUMENT OVERVIEW RECENT PLANS INFILL & T O D GENERAL PLAN ROUTE 1 [Q LINE] COMPLETE STREETS PLAN 2014 2015 2018 STUDY AREA KCCTOD Identify which “Q” line stops along the Corridor have the greatest near-term market potential for compact, higher density mixed-use development. Develop Station Area Plans for the top two stations with the greatest near-term market potential. Develop a standardized TOD implementation framework that can be applied to CMX & NMX zoned properties along High-Quality Transit Corridors. OBJECTIVES 1 2 3 PLANNING PROCESS ENGAGEMENT 2,500 Reached on Social Media 830 Outreach Event Attendees 2 Developers Forums 4 Workshops 2 Mobile Workshops 7 Presentations 20 Pop-up Events 3 Surveys 253 Survey Respondents KINGS CANYON CORRIDOR TRANSIT-ORIENTED DEVELOPMENT CONNECTIVITY STUDY ESTUDIO DE CONNECTIVIDAD PARA EL DESARROLLO ORIENTADO AL TRÁNSITO EN EL CORREDOR KINGS CANYON KEV KAWM UAS CUAM TXHUAM RAU KEV TSIM KHO TXOJ KEV TSEB THAUJ MUS LOS NTAWM KINGS CANYON ਕਿੰਗਜ਼ ਕੈਨਿਯਨ ਕੋਰੀਡੋਰ ਟਰਾਂਜ਼ਿਟ-ਓਰੀਐਂਟਡ ਡਿਵੈਲਪਮੈਂਟ ਕਨੈਕਟੀਵਿਟੀ ਸਟੱਡੀ ZINE VOL. 1 City of Fresno Planning and Development Department 2600 Fresno St, Room 3065 Fresno, CA 93721 KINGS CANYON CORRIDOR TRANSIT-ORIENTED DEVELOPMENT CONNECTIVITY STUDY ESTUDIO DE CONNECTIVIDAD PARA EL DESARROLLO ORIENTADO AL TRÁNSITO EN EL CORREDOR KINGS CANYON KEV SOJ NTSUAM TXOG QHOV TSIM KHO NTU KEV NTAWM KINGS CANYON ਕਿੰਗਜ਼ ਕੈਨਿਯਨ ਕੋਰੀਡੋਰ ਟਰਾਂਜ਼ਿਟ-ਓਰੀਐਂਟਡ ਡਿਵੈਲਪਮੈਂਟ ਕਨੈਕਟੀਵਿਟੀ ਸਟੱਡੀ VOL.II cਕਿੰਗਜ਼ ਕੈਨਿਯਨ ਕੋਰੀਡੋਰ ਟਰਾਂਜ਼ਿਟ-ਓਰੀਐਂਟਡ ਡਿਵੈਲਪਮੈਂਟ ਕਨੈਕਟੀਵਿਟੀ ਸਟੱਡੀ KINGS CANYON CORRIDOR TRANSIT-ORIENTED DEVELOPMENT CONNECTIVITY STUDY ESTUDIO DE CONNECTIVIDAD PARA EL DESARROLLO ORIENTADO AL TRÁNSITO EN EL CORREDOR KINGS CANYON KEV SOJ NTSUAM TXOG QHOV TSIM KHO NTU KEV NTAWM KINGS CANYON k c c t o d VOL.III Kings Canyon Corridor Transit-Oriented Development Connectivity Study Estudio de Connectividad para el Desarrollo Orientado alTransito en el CorredorKings Canyon Kev Soj NtsuamTxog Qhov Tsim KhoNtu kev NtwamKings Canyon illustrated by:Marisela Martinez&Kara Hammerschmidt ਕਿੰਗਜ਼ ਕੈਨ ਿ ਯਨ ਕ ੋਰ ੀ ਡ ੋ ਰ ਟਰ ਾ ਂ ਜ਼ ਿ ਟ - ਓਰੀਐਂਟਡ ਡਿਵ ੈ ਲ ਪ ਮ ੈ ਂ ਟ ਕ ਨ ੈ ਕ ਟੀ ਵਿ ਟੀ ਸਟੱਡੀ ZINE VOL. IV A VISION FOR THE CORRIDOR STORYMAPINTRODUCTION 1 This Chapter describes the Study Area, background, and purpose of the Study. It also describes the opportunity that the Study presents. This Chapter is organized into the following sections: 1.1 Background 1.2 Purpose 1.3 Study Area 1.4 The Opportunity Before Us INTRODUCTION IMPLEMENTATION 3 STORYMAP This Chapter directs the reader to a web-based platform that showcases the information contained in this Study. The StoryMap combines maps and multimedia content to communicate the information in an interactive manner. This Chapter may be used as a standalone resource, in tandem with Chapter 4, and / or with the document as a whole. This Chapter is organized into the following sections: 3.1 What is a StoryMap? 3.2 StoryMap Highlights2 A VISION FOR THE CORRIDOR This Chapter describes the role of community engagement in the planning and implementation process, outlines recommended strategies, and highlights the magazines (zines) that were used throughout the Study to convey information and share the vision of community members in story form. This Chapter is organized in the following sections: 2.1 Engaging the Community 2.2 A Path Forward 2.3 Zine Vol. I - IV APPENDICES 5 IMPLEMENTATION includes a summary of potential funding and financing resources to promote TOD. This Chapter is organized into the following sections: 5.1 Introduction 5.2 Funding & Financing Resources 5.3 Existing City Resources 5.4 Tax-Increment Financing 5.5 State & Federal Programs A APPENDICES TOD PROSPECTUS 4 TOD PROSPECTUS This Chapter describes the key investment opportunities and station area plans developed throughout the Study process. The development concepts presented in this chapter can be applied to other High-Quality Transit Corridors in the City. Chapter 4 may also be used as a standalone document to attract investment along the Corridor. This Chapter is organized into the following sections: 4.1 Introduction 4.2 Key Investment Opportunities 4.3 Station Areas DOCUMENT OVERVIEW STATION PLANS & PROTOTYPES VENTURA AVE CEDAR AVE8th AVEE KINGS CANYON RDS MAPLE AVECHESTNUT AVEPotential Development Sites Along the Corridor (1) INFILL (2) INFILL - MIXED USE (3) WALK-UP APARTMENTS The following represent common building prototypes that either exist in the Cedar or Chestnut/Willow Station areas or may be developed within the range of housing densities currently allowed by the zoning for the Study Area. DEVELOPMENT PROTOTYPES (4) SENIOR COTTAGES (5) TOWNHOMES (6) ADAPTIVE REUSE 55,085 sf of residential space 13,070 sf of landscape/open space 58 parking stalls Conceptual Rendering of Prototype Conceptual Plan - First Floor Conceptual Plan - Second-Fourth Floors Development Program - Market Rate (2A) Prototype 2 - Mixed-use Residential - Market Rate (2A) Lot Size 49,707 sf Number of Units 54 units Gross Residential Area 55,085 sf Net Residential Area 38,880 sf Average Unit Size 720 sf Gross Commercial Area 5,250 sf Common Area/Amenity 7,350 sf Gross Building Area (ex. Pkg.)67,685 sf Net Residential & Commercial 44,130 sf Parking 22,600 sf Parking Spaces 58 spaces Landscaped Areas 13,070 sf Revenue Per SF Per Unit Total Residential Rent (Sales Rev.)$35.50 $25,560 $1,380,240 Laundry, etc.$0.25 $180 $9,720 Commercial Inc. (per net com)$18.00 $1,750 $94,500 Less Vacancy (5%)($1.68)($1,375)($74,223) Gross Effective Income $31.96 $26,116 $1,410,237 Less Operating (Sales) Exp.($9.49)($7,756)($418,797) Net Annual Operating Income $22.47 $18,360 $991,440 Development Costs Per SF Per Unit Total Shell Costs $261 $213,357 $11,521,279 Land ($10 per sf of land area)$11 $9,205 $497,070 Site Improvements $11 $9,205 $497,070 TI Allowance, commercial $1 $972 $52,500 Permits & Fees $7 $5,484 $296,150 Contingency (5% of direct costs)$14 $11,128 $600,917 Other Soft Costs $30 $24,536 $1,324,947 Financing $11 $8,700 $469,800 Return on Cost Per SF Per Unit 6.5% Target Return on Cost N/A N/A 6.5% Supported Investment $346 N/A $15,252,923 Estimated Development Cost $346 N/A $15,259,733 Gap to Achieve Target Return $0 $0 $6,810 A Transit Benefits Assessment was prepared by CR Associates and is appended to this report (See Appendix B for more details). The assessment included analysis of the nine ‘Q’ line stations in the Study Area against five transit orientation indicators / metrics to indicate the transit-supportiveness of the station areas. Each station area was ranked and the top scoring station areas identified were the Cedar Station and a combined area at the Chestnut/Willow Stations. TOP TWO SCORING STATION AREAS: 1. CEDAR 2. CHESTNU T/WILLOW STATION AREA PLANS CEDAR STATION Positive Street Frontage - Infill development that is built out to face the street, engage with the street, and provide an active pedestrian environment. Transparent Storefronts - Infill development that provides storefronts with transparent glazing so passersby can interact with businesses at a walking speed and businesses can maintain “eyes on the street” for natural surveillance. Inviting Public Spaces - Infill development that invites pedestrians into shared open spaces that promote events, sidewalk seating, spillover retail, and gathering. Cultural Expression - Infill development that is colorful, festive, artistic, and expresses a culture of place along the Corridor, its businesses, and the people who live in the area. Streetscape Improvements - Infill development that supports widened sidewalks, landscape and trees to make the street environment pleasant and safe for everyone. KEY POINTS Potential mixed-use infill development on Ventura Streetscape improvements along Ventura Potential mixed-use infill development on VenturaStreetscape improvements along Ventura CONCEPTUAL RENDERINGS CHESTNUT / WILLOW 1 2 FRAMEWORK Enhance the Streetscape Make New Connections 3 4 FRAMEWORK Embrace Opportunities for Placemaking Integrate Selective New Development Residential integrated with existing commercial “big box” Placemaking in a commercial center parking lot Mobility hub at the Chestnut Station Placemaking in a commercial center parking lot CONCEPTUAL RENDERINGS STORYMA P QUESTIONS? END City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1205 Agenda Date:8/24/2023 Agenda #: 1.-L. REPORT TO THE CITY COUNCIL FROM:TJ MILLER, Interim Director Personnel Service Department BY:SUSAN CHUDY, Senior HR/Risk Analyst Personnel Service Department SUBJECT Actions pertaining to renewing the Workforce Connection Young Adult Services Work Experience Agreement between Fresno Regional Workforce Development Board (FRWDB) and WIOA Young Adult FRWDB Provider of Service and the City of Fresno. Per the original agreement FRWDB will compensate up to 40 participants at minimum wage in an amount not to exceed $140,400 and the City of Fresno will serve as the worksite. This renewal is to complete the entirety of the agreement for the remaining 22 participants and be effective July 1, 2023 through June 30, 2024. RECOMMENDATION Staff recommends that Council authorize the City Manager or her designee to enter into an agreement with FRWDB and WIOA Young Adult FRWDB Provider of Service where the City of Fresno will serve as the Worksite for such agreement. City of Fresno provides a location and supervision for youth and young adults to gain work experience. EXECUTIVE SUMMARY The City of Fresno has been identified as a collaborative partner to provide meaningful work for participants in a program grant administered by the Fresno Regional Workforce Development Board (FRWDB) to provide youth and young adults work experience in city government jobs year-round. The FRWDB will compensate program participants directly in the form of participant wages for an amount not to exceed $140,400 for the entire grant. The grant period is from July 1, 2023, to June 30, 2024. The City of Fresno participation and partnership is a continuation to the approved grant from last year. BACKGROUND The Youth and Young Adult workforce grant was managed by the PARCS Office of Neighborhood Safety and Community Engagement (ONSCE) from June 2021 until September 2021. The grant then transitioned to the Personnel Services Department in September 2021 to provide opportunities throughout all City departments to host the youth program. The target population for this work experience program is low-income youth and young adults with minimal or no prior work experience between the ages of 14 - 24. Participant criteria includes youth in-and-out-of-school with one or more barriers to employment. FRWDB is responsible for participants sourcing, recruitment, and conducting participant basic skills and career assessments to identify interest, aptitudes, and skills. FRWDB City of Fresno Printed on 8/28/2023Page 1 of 3 powered by Legistar™ 8/8/24/202324/2023 AP/MA 6-06-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-1205 Agenda Date:8/24/2023 Agenda #: 1.-L. participant basic skills and career assessments to identify interest,aptitudes,and skills.FRWDB oversees the successful completion of Job Readiness Workshops that are designed to teach soft skills,effective work habits and work site behaviors such as attendance,punctuality,appearance, communication and teamwork.Additionally,they provide coursework that includes resume writing and interview preparation.Supportive services provided by FRWDB include financial support to help participants overcome barriers such as transportation,work attire,childcare and more.Each program participant is assigned an FRWDB Academic and Career Advisor to assess participants for potential employment and ensure employer match is based on the participant’s interests and aptitudes within the Government Sector.Due to various reasons,a low number of candidates were initially attracted to the program so the contract is being extended.Improvements were made to coordinate effectiveness with FRWDB to recruit more applicants to place them with the City of Fresno.The process for a candidate to be placed begins with FRWDB through their assessment,addressing barriers,and soft skills training.Candidates are employed by FRWDB and Personnel Services work with City departments to identify opportunities for placements.Candidates select an opening of interest and are interviewed as an essential skill to building employment readiness.Personnel Services monitors the employee’s 200 hours and is a liaison with FRWDB to address any concerns. City departments train and mentor each participant.This program integrates into the broad strategy to employ youth with barriers into the City of Fresno by working closely with community-based organizations,maximizing resources to address identified barriers,and to create a meaningful work experience at the City of Fresno through mentoring and hands on opportunities.Personnel Services tracks the outcome of their placement working towards employment with the City in assistance with applying for permanent employment,temporary employment through the One Fresno Youth Jobs Corps Program (YJCP),or recommendations for other employment opportunities.Currently there are eleven participants that have completed their hours and transitioned into YJCP,one participant completed their hours and selected not to move into YJCP,four participants were not able to complete their hours,four participants are currently employed,and two participants with a job offer to start their employment,for a total of 22 participants.The goal of the program is to introduce FRWDB candidates to employment by working a maximum of 200 hours and to connect them to other employment opportunities with the City. ENVIRONMENTAL FINDINGS This approval is not a project for the purposes of CEQA Guidelines Section 15378 LOCAL PREFERENCE Local preference was not considered because accepting grant funds does not include a bid or award of a construction or service contract. FISCAL IMPACT There will be no net impact to the General Fund.The agreement provides full cost recovery for all participant payroll and associated costs (i.e.workers’compensation,taxes,etc.)during the period of the agreement.This funding will enable various departments to offer job experiences to local youth and young adults residing in the City of Fresno.The full grant amount is included in the FY2024 proposed budget. City of Fresno Printed on 8/28/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1205 Agenda Date:8/24/2023 Agenda #: 1.-L. Attachment:FRWDB - Young Adult Services Work Experience Agreement City of Fresno Printed on 8/28/2023Page 3 of 3 powered by Legistar™ 2805449v1 / 16988.0001 FRWDB Page 1 of 10 REV 04APRIL2022 WORKFORCE CONNECTION YOUNG ADULT SERVICES WORK EXPERIECE AGREEMENT Between FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD (FRWDB) and WIOA YOUNG ADULT FRWDB PROVIDER OF SERVICE (FRWDB Designee) and CITY OF FRESNO (WORKSITE) THIS YOUNG ADULT SERVICES WORK EXPERIENCE AGREEMENT ("AGREEMENT") describes the terms and conditions between the FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD (“FRWDB”), and the WIOA YOUNG ADULT FRWDB PROVIDER OF SERVICE (‘FRWDB DESIGNEE’), and the CITY OF FRESNO (‘WORKSITE”). In relationship to the placement of WIOA Young Adult Participants (“PARTICIPANT”) placed at the WORKSITE. PARTICIPANTS are employees of WIOA Young Adult FRWDB DESIGNEE of Service. The WIOA Young Adult FRWDB DESIGNEE of Service will act as the employer of record for the PARTICIPANT and provide all payroll and associated costs (i.e. workers’ compensation, taxes, etc.) Should the WDB DESIGNEE stop being the employer of record for the PARTICIPANT during the term of this AGREEMENT, the AGREEMENT shall automatically terminate and the WDB DESIGNEE will immediately notify the WORKSITE of such termination. The term of this AGREEMENT is from 07/01/2023 to 06/30/2024 unless terminated sooner. General Contract Provisions FRWDB agrees to: 1. Fund this Agreement, in the form of Young Adult Participant wages, for an amount not to exceed $140,400.00 (USD). At an average cost of $ 3,510.00 per participant, this equates to a maximum number of 40 participants. ($3,510.00 cost per participant = 200 hours x $17.55 hourly wage including payroll taxes and workers compensation). The FRWDB’s Designee will compensate the participant directly following California’s minimum wage guidelines at the hourly rate of $15.00 (USD). 2. Instruct FRWDB contractual designees to assist Worksite in referral of WIOA enrolled Young Adult Participants. FRWDB Designee agrees to: 1. Assess low income in-school and out of school young adults ages 14-24 who have one or more barriers to employment for possible referral to Worksite. 2. Most participants have very minimum or no prior work experience. 3. Mandate that each participant completes basic skills and career assessmen ts that help identify interest, aptitudes, and skills. DocuSign Envelope ID: 9F14A2C1-3B7C-482B-A798-432641851ED1 2805449v1 / 16988.0001 FRWDB Page 2 of 10 REV 04APRIL2022 4. Oversee that participant successfully completes a Job Readiness Workshop that is designed to teach soft skills, effective work habits, and worksite behaviors such as attendance, punctuality, appearance, communication and team work skills. 5. To additionally provide coursework that includes resume writing and interview preparation. 6. Provide supportive services (at FRWDB expense) to help participants overcome certain barriers such as transportation, work attire, child care and more. 7. Assign a one-on-one Academic and Career Advisor will assess participant for potential employment. 8. Insure match based on the participant’s interests and aptitudes within the Government Sector, specifically open positions at Worksite (City of Fresno). The Worksite agrees to: 1. The FRWDB DESIGNEE will compensate the PARTICIPANT directly on the basis of actual on-site training hours. The WORKSITE Supervisor will provide the FRWDB DESIGNEE with an accurately completed and approved timesheet, signed in ink or electronic signature by both the PARTICIPANT and the designated WORKSITE Supervisor. The FRWDB DESIGNEE will provide Workers’ Compensation insurance, and will pay all applicable payroll taxes. No overtime hours will be allowed; however, if overtime compensation becomes due to a PARTICIPANT, the WORKSITE agrees to reimburse the FRWDB DESIGNEE for the overtime compensation costs incurred. 2. Work Assignment: WORKSITE agrees to provide productive work assignments, as agreed upon in the Work Experience Training Plan by the FRWDB DESIGNEE and WORKSITE, and assure that adequate work is available to keep PARTICIPANT busy during working hours. If the WORKSITE determines that a change of job duties is necessary, the FRWDB DESIGNEE must approve such changes by updating the Work Experience Training Plan with the new/additional job duties. (See Attachment A, attached hereto and incorporated by reference, for Work Experience Training Plan). 3. These provisions do not establish an employer/employee relationship between the WORKSITE and the PARTICIPANT. The FRWDB DESIGNEE will be the employer of record, and the relationship between the WORKSITE and the PARTICIPANT is one of trainer/PARTICIPANT. 4. Safety Training: Provide safety instructions necessary to reasonably protect the PARTICIPANT against injury, and provide him or her with necessary equipment to carry out training responsibilities and duties. The WORKSITE Supervisor will not allow the PARTICIPANT to use any tools, equipment, or machinery until such time DocuSign Envelope ID: 9F14A2C1-3B7C-482B-A798-432641851ED1 2805449v1 / 16988.0001 FRWDB Page 3 of 10 REV 04APRIL2022 as the Verification of Safety Training has been completed, and understands and agrees that the PARTICIPANT is prohibited from beginning work assignments until he or she has been adequately trained and qualified to perform such work assignments. 5. Work Schedule: Each PARTICIPANT’S dates of placement, maximum number of allowable hours, and work schedule will be outlined in his or her Work Experience Training Plan. The WORKSITE is responsible for paying any hours worked over the maximum hours allowed or after the last day of work outlined in the Work Experience Training Plan, unless an extended end date is requested and approved by the FRWDB DESIGNEE. The PARTICIPANT’S schedule, which is determined by the WORKSITE Supervisor, based on staffing needs and the availability and age of the PARTICIPANT, must be approved by the FRWDB DESIGNEE. An onsite Supervisor must be available during all scheduled work hours, including weekend hours, if any, and the FRWDB DESIGNEE must have staff available on- call to respond to any emergencies or concerns. Any change from the originally agreed upon schedule, job duties or placement dates must be pre-approved by the FRWDB DESIGNEE. 6. Time Sheet Responsibilities: Require that PARTICIPANT accurately and completely record all hours worked on paper or electronic time sheets provided by the FRWDB DESIGNEE and verified by the WORKSITE Supervisor. WORKSITE Supervisors are encouraged to review each PARTICIPANT’S time sheet, whether paper or electronic, at the end of each week to ensure that time records accurately, report the actual hours worked and do not record any hours for unexcused absences, lunch breaks, hours not worked or recreational activities not approved by the FRWDB DESIGNEE. 7. Supervision: Provide adequate full-time adult supervision of each PARTICIPANT by paid staff members (non-volunteer) and timely, constructive feedback, with a maximum ratio of one (1) adult WORKSITE Supervisor to two (2) PARTICIPANTS. The FRWDB DESIGNEE will consider the number of on-site supervisors and a facility’s physical size in placement decisions; more than two (2) PARTICIPANTS may be placed at one (1) site only if the PARTICIPANTS are separated physically - in different departments or on different floors. When the WORKSITE Supervisor assigned to each PARTICIPANT is unavailable, ensure an alternate supervisor is designated. The WORKSITE should, whenever possible, inform the FRWDB DESIGNEE if a new supervisor is assigned to the PARTICIPANTS. Assure that sufficient training, materials and equipment are available to carry out work assignments. DocuSign Envelope ID: 9F14A2C1-3B7C-482B-A798-432641851ED1 2805449v1 / 16988.0001 FRWDB Page 4 of 10 REV 04APRIL2022 8. Performance Reviews: Prepare and submit PARTICIPANT Mid-point and post evaluations as required by Fresno Regional Workforce Development Board (FRWDB) policy and per the guidelines of the Supervisor’s Handbook. The Mid - point performance review should include recommendations to improve the performance of the PARTICIPANT or should document the basis for a decision to terminate further WORKSITE training, if necessary. The final performance review should indicate whether the PARTICIPANT will be retained as a full -time employee. 9. Worksite Monitoring: Allow FRWDB DESIGNEE, FRWDB, State of California, and/or Department of Labor representatives to monitor all conditions and activities involved in performing this AGREEMENT. The WORKSITE Supervisor must assure the following: a. No currently employed worker will be displaced by a PARTICIPANT. This includes partial displacement such as reduction in hours of non-overtime work, wages, or employment benefits. b. No training assignment will infringe upon the promotional opportunities of currently employed individuals. c. No PARTICIPANT shall be placed in a position substantially equivalent to positions for which employees have been laid off. d. Ensure that PARTICIPANTS do not engage in political, labor organizing, religious, or non-work-related fundraising activities during work hours. e. The PARTICIPANT will not assist in the operation or maintenance of that part of any facility that is used for religious instruction or worship. f. Appropriate standards of health and safety and a drug free workplace will be maintained. g. Adequate insurance will be in effect at all times. h. Comply and cooperate with audit surveys, audits, and any request by the State of California Department of Labor, Comptroller General, or FRWDB to secure an audit or audit waiver in compliance with Public Law 97 -300 Section 164 or the Single Audit Act. 10. Nepotism: Not provide a training assignment under this program for a member of the owner of the WORKSITE’S immediate family. 11. Subcontract: Not subcontract the services of the PARTICIPANT provided under this agreement. 12. Transportation: Ensure that the Participant does not operate a motor vehicle and is not transported offsite to attend meetings or work at different sites during the workday without the express written approval of the FRWDB DESIGNEE in advance. DocuSign Envelope ID: 9F14A2C1-3B7C-482B-A798-432641851ED1 2805449v1 / 16988.0001 FRWDB Page 5 of 10 REV 04APRIL2022 13. Indemnification: (a) To the fullest extent allowed by law, City ("City Indemnifying Party") shall indemnify, hold harmless and defend FRWDB and FRWDB Designee, and each of their officers, officials, directors, commissioners, employees, agents contractors consultants and auth orized 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 FRWDB and FRWDB 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 from the acts, negligent or intentional, or omissions, or willful misconduct of the City Indemnifying Party or any of its officers, officials, directors, employees, agents, contractors, consultants or authorized volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by the Indemnifying Party of governmental immunities including California Government Code Section 810 et seq. The duty to indemnify and defend shall apply to all claims and liability regardless of whether any insurance policies are applicable and the po licy limits do not act as a limitation upon the amount of indemnification to be provided. This indemnification obligation shall survive termination or expiration of this Agreement. (b) To the fullest extent allowed by law, FRWDB and FRWDB Designee ("Workforce Indemnifying Parties") shall indemnify, hold harmless and defend City, and each of its officers, officials, directors, employees, agents contractors, consultants and authorized 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 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 from the acts, negligent or intentional, or omissions, or willful misconduct of the Workforce Indemnifying Parties or any of their officers, officials, directors, commissioners, employees, agents, contractors, consultants or authorized volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by the FRWDB of governmental immunities including California Government Code Section 810 et seq. The duty to indemnify and defend shall apply to all claims and liability regardless of whether any insurance policies are applicable and the policy limits do not act as a limitation upon the amount of indemnification to be provided. This indemnification obligation shall survive termination or expiration of this Agreement. 14. Insurance: Each party, and their subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to each party, 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: DocuSign Envelope ID: 9F14A2C1-3B7C-482B-A798-432641851ED1 2805449v1 / 16988.0001 FRWDB Page 6 of 10 REV 04APRIL2022 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. UMBRELLA OR EXCESS INSURANCE In the event, each party 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 other parties and their officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS Each party shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and FRWDB DESIGNEE 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 party's designated Risk Manager or designee. At the option of the WORKSITE’S Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self -insured retentions; or (ii) provide a financial guarantee, satisfactory to each party's Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. 16. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Each party and its insurer shall waive any right of subrogation against the other parties and their officers, officials, employees, agents, and volunteers. DocuSign Envelope ID: 9F14A2C1-3B7C-482B-A798-432641851ED1 2805449v1 / 16988.0001 FRWDB Page 7 of 10 REV 04APRIL2022 VERIFICATION OF COVERAGE Each party shall furnish the others with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by each party's Risk Manager or his/her designee prior to the 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. 15. Collective Bargaining: Obtain the concurrence of the appropriate bargaining entity, when a collective bargaining agreement exists, in order to ensure compliance of the prescribed training with the terms of said agreement. 16. Confidentiality: Insure PARTICIPANT is aware of any WORKSITE policies and procedures with respect to protecting confidential information from disclosure, except to authorized persons. 17. Discipline: Not initiate discipline on the PARTICIPANT without the written concurrence of the FRWDB DESIGNEE. 18. File Folder Onsite: Maintain a list of PARTICIPANTS, their work assignments, schedules, and emergency card at each WORKSITE as well as a valid work permit for each PARTICIPANT under the age of 18. 19. Hot and Inclement Weather and Drinking Water: Provide adequate indoor work to occupy PARTICIPANT during inclement weather and periods when the temperature reaches 105 degrees Fahrenheit, when the regular WORKSITE is designated as out-of-doors. Provide adequate cool water, access to shade and extra rest periods for PARTICIPANT when the temperature exceeds 95 degrees Fahrenheit. Insure PARTICIPANTS know how to recognize the symptoms of heat stroke and heat exhaustion and what to do. Provide access to an on-site source of heat, extra rest periods, and thermal insulating materials on equipment handles for PARTICIPANTS when the temperature drops below 30 degrees Fahrenheit. 20. Safety: Comply with all applicable federal, state, and local laws and regulations relating to a safe and accessible work environment, including but not limited to, federal and state Occupational Safety and Health Administration ("OSHA") laws and regulations, Americans With Disabilities Act (the "ADA") and its regulations, and the Fair Employment and Housing Act (the “FEHA”) and its regulations. 21. Compliance with OSHA: WORKSITE Supervisor and FRWDB DESIGNEE shall consistent with the manner described in this section, comply with all federal and state OSHA regulations, which apply to the PARTICIPANT assigned to DocuSign Envelope ID: 9F14A2C1-3B7C-482B-A798-432641851ED1 2805449v1 / 16988.0001 FRWDB Page 8 of 10 REV 04APRIL2022 WORKSITE Supervisor’s location. The following describes the general obligations of the WORKSITE with regard to OSHA compliance: a. FRWDB DESIGNEE shall provide that its employees are trained in general safe work practices prior to commencement of services for WORKSITE Supervisor. WORKSITE supervisor shall provide that the PARTICIPANTS are trained with regard to the specific hazards of and safe work practices before commencing such work and/or training. b. Fresno Regional Workforce Development Board (FRWDB) and/or FRWDB DESIGNEE may inspect WORKSITE before assigning PARTICIPANT to work there. FRWDB and/or FRWDB DESIGNEE may do so thereafter on a periodic basis, with prior notification. c. Upon request by FRWDB and/or FRWDB DESIGNEE the WORKSITE Supervisor will provide documentation of the completion of their OSHA obligations under this section. WORKSITE Supervisor will include training in its exposure monitoring and sampling programs for the purpose of quantifying employee exposures to chemical, physical, and biological hazards in the PARTICIPANT’S assigned tasks. WORKSITE Supervisor will inform PARTICIPANT of the results of such monitoring and sampling in accordance with OSHA requirements. FRWDB, FRWDB DESIGNEE, and any PARTICIPANT will be informed of any suspected or known employee exposure in excess of OSHA permissible exposure limits, immediately following WORKSITE Supervisor’s first knowledge of such overexposure. 22. The WORKSITE Supervisor is to notify the FRWDB DESIGNEE within 24 hours of any accidents, special situations, or unusual occurrences. If a PARTICIPANT is injured or becomes ill, provide first aid or medical attention and notify the FRWDB DESIGNEE immediately, no matter how minor the injury. No more than 24 hours after notice of the injury or illness, the WORSITE Supervisor shall file all forms required by the FRWDB DESIGNEE. Furthermore, the WORKSITE shall cooperate with any injury or illness-related reporting requirements deemed necessary by FRWDB DESIGNEE. 23. Compliance with Equal Employment Opportunity (EEO) laws: WORKSITE and FRWDB DESIGNEE shall, consistent with the manner described in this section, comply with all federal, state, and local laws requiring equal employment opportunity, and prohibiting discrimination, harassment, and retaliation in the workplace. The following describes the general obligations of the parties with regard to compliance with EEO and nondiscrimination obligations: a. FRWDB DESIGNEE will provide the WORKSITE Supervisor and all PARTICIPANTS with FRWDB DESIGNEE’S policies against harassment, discrimination, and retaliation in the workplace upon assignment of any PARTICIPANT to the WORKSITE location. FRWDB DESIGNEE will ensure that all PARTICIPANTS are trained on the application of said policies against harassment, discrimination, and retaliation. DocuSign Envelope ID: 9F14A2C1-3B7C-482B-A798-432641851ED1 2805449v1 / 16988.0001 FRWDB Page 9 of 10 REV 04APRIL2022 b. WORKSITE Supervisor will ensure that the FRWDB DESIGNEE’S policies against harassment, discrimination, and retaliation are effectively implemented and followed in all respects. c. WORKSITE Supervisor will report immediately to the FRWDB DESIGNEE and to the FRWDB, any information that might constitute a violation of EEO policies against harassment, discrimination, or retaliation, whether such information is a formal complaint or any other information giving notice of a potential violation of FRWDB’s policies. d. WORKSITE Supervisor will cooperate with FRWDB DESIGNEE and FRWDB with respect to investigating promptly any complaint of harassment, discrimination, or retaliation, and with respect to implementing any corrective action that is reasonable or necessary to ensure that FRWDB’s policies against harassment, discrimination, and retaliation are fully and effectively enforced. Upon the written request of FRWDB, either WORKSITE Supervisor or FRWDB DESIGNEE will be given the primary responsibility to investigate any complaints of noncompliance with the FRWDB’s EEO and nondiscrimination policies and to take any corrective action. WORKSITE Supervisor and FRWDB DESIGNEE will provide FRWDB with copies of all documents relating to the investigation and any corrective action taken. 24. Termination of the Agreement: Failure by either party to comply with any or all of the terms and conditions set forth in this AGREEMENT may be cause for the non-breaching party to terminate this AGREEMENT. This AGREEMENT may be terminated by either party without cause upon 30 days advance notice. These program activities are contingent upon federal funding and may be terminated by the FRWD and/or FRWDB DESIGNEE or if program funding is discontinued. Signatories The parties each represent and warrant that the signatories below are authorized to sign this AGREEMENT on behalf of themselves or the party on whose behalf they execute this AGREEMENT. THE PARTIES HEREBY EXECUTE THIS AGREEMENT with their signature below . WORKSITE: City of Fresno Signature Date Name Title DocuSign Envelope ID: 9F14A2C1-3B7C-482B-A798-432641851ED1 2805449v1 / 16988.0001 FRWDB Page 10 of 10 REV 04APRIL2022 FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD (FRWDB): Signature Date Blake Konczal Executive Director Name Title FRWDB DESIGNEE OF SERVICE: Fresno Economic Opportunity Commission (FEOC) Signature Date Emilia Reyes Chief Executive Officer Name Title FRWDB DESIGNEE OF SERVICE: Arbor E&T LLC, dba Equus Workforce Solutions (Equus) Signature Date Mark Douglass President Name Title FRWDB DESIGNEE OF SERVICE: Proteus, Inc. Signature Date Fernanda Mendoza Youth Program Manager Name Title FRWDB DESIGNEE OF SERVICE: America Works of California, Inc Signature Date Dr. Lee Bowes CEO Name Title DocuSign Envelope ID: 9F14A2C1-3B7C-482B-A798-432641851ED1 7/3/2023 7/10/2023 7/10/2023 7/14/2023 7/14/2023 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1248 Agenda Date:8/24/2023 Agenda #: 1.-M. REPORT TO THE CITY COUNCIL FROM:TJ MILLER, Interim Director Personnel Services Department BY:PHILLIP CARBAJAL, Benefits Manager Personnel Services Department SUBJECT Approve a Second Amendment Agreement to extend from September 1, 2023 through August 31, 2026, for Employee Assistance Program Services between the City of Fresno and Halcyon Behavioral Employee Assistance with an expected 2024 Fiscal Year expense of $77,836, an expected 2025 Fiscal Year expense of $82,215, and an expected 2026 Fiscal Year expense of $86,593, for a total contract amount of $246,644 and authorized by the Personnel Services Director RECOMMENDATION It is recommended the City Council approve the Second Amendment Agreement between the City of Fresno and Halcyon Behavioral Employee Assistance from September 1, 2023, through August 31, 2026, and authorize the Personnel Services Director to execute the Amended Agreement on behalf of the City. EXECUTIVE SUMMARY In the Spring of 2020, Personnel Services staff distributed a Request for Proposal (RFP) to multiple Employee Assistance Program (EAP) firms. In response to the RFP, four vendors submitted proposals. Halcyon was selected as the firm that provided the best value to the City of Fresno and is a locally owned business. In August of 2020, the City Council approved the Agreement between the City of Fresno and Halcyon Behavioral Employee Assistance from September 1, 2020, through August 31, 2021 . In August of 2021, the City Council approved an extension of the agreement from September 1, 2021 through August 31, 2023. The City Council stated the need to assess the City’s financial standing after the first extension and revisit the possible additional extension of Halcyon’s services. BACKGROUND Halcyon provides three counseling sessions, per issue, every six months for each member of the household. The model of service delivery includes a thorough assessment conducted by a licensed behavioral health clinician with every call to implement the appropriate intervention on a 24/7 basis. City of Fresno Printed on 8/28/2023Page 1 of 2 powered by Legistar™ 88/24/2023/24/2023 MA/AP 6-06-0 MK ABSENT File #:ID 23-1248 Agenda Date:8/24/2023 Agenda #: 1.-M. behavioral health clinician with every call to implement the appropriate intervention on a 24/7 basis. The Halcyon network is multilingual and provides clinical follow up to gauge satisfaction and to assist, as needed,if referral to the medical plan is necessary.In addition to the usual employee assistance services,Halcyon provides unlimited access to web-based modules and wellness coaching.Finally, Halcyon is a locally owned business with excellent references. Halcyon’s contract was extended in August 2021 and as of March 2023, a total of 1,437 employees/family members have accessed EAP services. In addition to the individual services that Halcyon provides, they have responded to several emergent needs due to crises. During COVID Halcyon provided our employee population with resources to cope with COVID related issues. Halcyon provides a variety of methods to reach our employee population in a broad manner, including text, virtual appointments, and email. Their rich interactive website with videos, webinars, self-help tips, and monthly topics has kept our employees engaged and informed. Halcyon was also awarded the contract for our Mental Health Services provider in January of 2021 which is important for continuity of care ENVIRONMENTAL FINDINGS This authorization to approve a contract execution is not a “project”as defined by the California Environmental Quality Act, pursuant to CEQA Guidelines section 15378. LOCAL PREFERENCE Local preference was not implemented because this action is an amendment of an existing agreement. FISCAL IMPACT The Second Amendment Agreement with Halcyon will result in increased expenses of $12,155 in FY24 and $16,533 in FY 25, and $25,290 in FY 26. Estimated three-year cost is $246,644. Attachments: Halcyon Behavioral Agreement First Amendment to Halcyon Behavioral Agreement Halcyon EAP Renewal Letter Second Amendment to Halcyon Behavioral Agreement City of Fresno Printed on 8/28/2023Page 2 of 2 powered by Legistar™ May 16, 2023 HealthComp Fresno City Employees Health and Welfare Trust 621 Santa Fe Avenue Fresno CA 93721 Via Email Re: City of Fresno EAP Renewal, September 1, 2023 VIA EMAIL Dear Plan Administrator: Please accept this letter as formal renewal of the Employee Assistance Program provided to City of Fresno by Halcyon Behavioral. We are grateful for the opportunity to provide these important services to the members of the City of Fresno’s Health and Welfare Trust. To continue to provide the high level of service members deserve, we are proposing a modest rate increase with an annual increase over the following two years. Effective September 1 st, the rate will be $1.60 PEPM. On September 1, 2024, the rate will change to $1.69 and then to $1.78 on the September 2025 renewal. While we understand a rate increase is never welcome, it is necessary for us to continue to provide the plan with qualified staff and resources. Once this renewal is approved, I will send out an updated Master Service Agreement with the three-year rate guarantee. We value the relationship we have with the City of Fresno and look forward to our continued partnership. Please feel free to contact me with any questions or concerns. Sincerely, Camin Turner VP, Account Management cc: Phillip Carbajal 1 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (Second Amendment) made and entered into as of September 1, 2023, amends the Agreement entered into between the CITY OF FRESNO, a municipal corporation, (City), and Halcyon Behavioral (CONSULTANT) RECITALS WHEREAS, the City and the Consultant entered into an agreement, dated September 1, 2020, for professional Employee Assistance Program services for the City Employees (Project); and WHEREAS, the City and the Consultant desire to extend the Agreement to August 31, 2026; and WHEREAS, the Consultant agrees it has no claim, demands, or disputes against the City. AGREEMENT NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended as follows: 1. The recitals to this Amendment are incorporated and made a part of this Amendment. 2. The Agreement is extended to August 31, 2026. 3. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on September 1, 2020, and amended on September 12, 2021, remain in full force and effect. [Signatures follow on the next page.] 2 IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement in Fresno, California, the day and year first above written. CITY OF FRESNO, A California municipal corporation By: TJ Miller Director of Personnel Services APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER City Clerk By: Deputy Halcyon Behavioral A California limited liability company 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) City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1275 Agenda Date:8/24/2023 Agenda #: 1.-N. REPORT TO THE CITY COUNCIL FROM:TJ MILLER, Interim Director Personnel Services Department BY:STEPHANIE HERNANDEZ, Principal Labor Relations Analyst Personnel Services Department SUBJECT ***Approve a Side Letter of Agreement with the Fresno Police Officers Association (FPOA), for Unit 4 - Non-Management Police, regarding Court Appearances (Subject to Mayor’s Veto) RECOMMENDATION It is recommended Council approve a Side Letter of Agreement with FPOA, Unit 4, regarding Court Appearances. EXECUTIVE SUMMARY A Side Letter of Agreement with FPOA would extend court appearance standby pay to employees who have received a department notice or subpoena for a court appearance on a day they are off on Absent with Substitute (AWS). Additionally, the Side Letter would provide court appearance pay to employees who are either on a scheduled day off or are required to appear outside of their regularly scheduled workday and are advised they need to immediately respond to court beginning the time they confirm they receive a notification to respond to court. Further, employees who have received a departmental notice or subpoena for a court appearance and the appearance is cancelled within two hours of the appearance time will receive court appearance pay at a minimum of three hours at one and one-half times the base rate of pay; employees who receive a cancellation more than two hours in advance of the appearance will not receive court appearance pay and are only entitled to court appearance standby pay. Finally, the Side Letter would allow employees to elect Compensatory Time Off (CTO) in lieu of court appearance standby pay when employees are on court standby on their scheduled workday outside of working hours. BACKGROUND The Memorandum of Understanding (MOU) between the City and FPOA, Unit 4, currently provides court appearance standby pay to employees who have received a departmental notice or subpoena requiring a court appearance on the employee’s scheduled day off or on a day off on Vacation Leave, Compensatory Time Off, or Holiday Leave. The proposed Side Letter of Agreement would City of Fresno Printed on 8/28/2023Page 1 of 3 powered by Legistar™ 8/24/20238/24/2023 MA/AP 6-0 LC ABSENT File #:ID 23-1275 Agenda Date:8/24/2023 Agenda #: 1.-N. Leave,Compensatory Time Off,or Holiday Leave.The proposed Side Letter of Agreement would expand court appearance standby pay to employees who are off on AWS,where an employee,with supervisor approval, may substitute for another employee who would like to take time off work. Additionally,the MOU provides court appearance pay for employees on a scheduled day off at one and one-half times base pay for a minimum of four hours or actual time of the appearance, whichever is greater,beginning the time the employee reports to court at the directed time;and court appearance pay for employees on a scheduled workday required to appear in court outside of work hours at one and one-half times base pay for a minimum of three hours or actual time of the appearance,whichever is greater,beginning when the employee reports to court at the directed time.For employees required to appear on both a day off and on a scheduled workday outside of work hours who are advised that they are immediately required to appear,the Side Letter would provide compensation beginning the time they confirm they receive a notification to respond to court. The MOU does not currently include provisions for employees who are have received a departmental notice or subpoena requiring a court appearance on either their scheduled day off work schedule workday outside of working hours who receive cancellation that their required court appearance is cancelled.The proposed Side Letter would provide court appearance pay to employees who are cancelled within two hours of the court appearance time,and clarifies that employees who are cancelled more than two hours in advance of the court appearance time will not receive court appearance pay but are still entitled to court standby pay. Finally,employees who are have received a departmental notice or subpoena requiring a court appearance on their scheduled workday outside of working hours are currently eligible to receive court appearance standby pay of one hour at one and one-half times base pay.The proposed Side Letter would provide the option for employees to elect CTO in lieu of a cash payment for court appearance standby. In addition to the above, there were some minor cleanup changes for clarity to existing provisions. The City Attorney’s Office has approved the Side Letter of Agreement 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 Side Letter of Agreement has no fiscal impact. City of Fresno Printed on 8/28/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1275 Agenda Date:8/24/2023 Agenda #: 1.-N. Attachments: Side Letter of Agreement between the City and FPOA: Court Appearances - Redline Side Letter of Agreement between the City and FPOA: Court Appearances - Final City of Fresno Printed on 8/28/2023Page 3 of 3 powered by Legistar™ Side Letter of Agreement Between City of Fresno and Fresno Police Officers Association Court Appearances The City of Fresno and the Fresno Police Officers Association (FPOA), representing Unit 4, Non-Supervisory Police, have met and conferred, and have agreed under the terms of this Agreement to replace Section 7.8 in its entirety, as follows: 7.8 COURT APPEARANCES Notwithstanding the provisions of FMC Section 3-117, the following rules shall apply to court appearances. Members qualifying under Subsection 7.8.01 below are not eligible for qualifying under Subsection 7.8.02 below, and members qualifying under Subsection 7.8.02 below are not eligible for qualifying under Subsection 7.8.01. 7.8.01 Scheduled Days Off – If a member is approved to be off work and receives a departmental notice or subpoena requiring a court appearance on the member’s regularly scheduled day off, or onon a vacation day, or on a day off on CTO, or on a day off ona holiday, or on a day off AWS, which has been approved prior to notice and/or the member’s receipt of a departmental notice or subpoena, and the member has not been released by the Court Liaison Office (CLO) by 1700 hours on the day prior to the court appearance from such departmental notice or subpoena vis-a-vis an electronic notification system, the member shall be considered to be on court appearance standby duty, and shall be compensated under Subsection 7.8.01(1) below. (1)Pay for court appearance standby duty, as described above, shall be one hour at one and one-half (1 ½) times the member’s base rate of pay. A member may elect to take this as CTO in accordance with the provisions of Section 7.3.03 and Section 7.3.08. (2)Time spent on court appearance standby duty shall not be considered hours worked. (3)In the event a member is approved to be off work on a regularly scheduled day off, on a vacation day, on CTO, on a holiday, or on a day off AWS, prior to the department’s receipt of notice of a subpoena for court appearance, and the member, who is on court appearance standby duty at home, appears in court on a scheduled day off, or on a vacation, or on a day off on CTO, or on a day off on holiday, or on a day off via AWS, which has been approved prior to notice and/or the member’s receipt of a departmental notice or Side Letter between the City and FPOA (Unit 4) Amending 7.8 Court Appearances Page 2 of 4 subpoena, the member shall also be compensated for a minimum of four (4) hours at one and one-half times (1 ½) the member’s base rate of pay, or at one and one-half times (1 ½) the member’s base rate of pay for the actual time of the appearance, whichever is greater. This compensable time starts from at the time the member reports to court at the directed appearance time through completion of the appearance. In the event a member is advised of their need to immediately respond to court (“ASAP Go”), this compensable time starts at the time the member confirms with CLO the receipt of their “Go.” (4)If a member is called off (canceled) within two (2) hours of the member’s directed appearance time, the member will receive the minimum of four (4) hours at one and one-half (1 ½) times the member’s base rate of pay. If a member is called off (canceled) more than two (2) hours prior to the member’s directed appearance time, the member will not be compensated beyond the court appearance standby pay. 7.8.02 Scheduled Work Day - If a member receives a departmental notice or subpoena requiring a court appearance on a regular day of work outside their shift hours, and the member has not been released by the Court Liaison Office by 1700 hours on the day prior to the court appearance from such departmental notice or subpoena vis-à-vis via an electronic notification system, the member shall be compensated under this Section. (1)Pay for court appearance standby duty on a work day, as described above, shall be one (1) hour at one and one- half (1 ½) times the member’s base rate of pay for being on court stand by. A member may elect to take this as CTO in accordance with the provisions of Section 7.3.03 and Section 7.3.08. (2)Time spent on court appearance standby duty shall not be considered hours actually worked. (23)In the event a member who is on court appearance standby duty prior to or after their shift is required to appears in court on a scheduled work day, the member shall also be compensated for a minimum of three (3) hours at one and one half (1 ½) times the member’s base rate of pay, or at one and one-half (1 ½) times the member’s base rate of pay for the actual time of the appearance, whichever is greater. This compensable time starts from the time the member is ordered to reports to the court through completion ofat the directed appearance time. In the event a member is advised of an “ASAP Go,” Side Letter between the City and FPOA (Unit 4) Amending 7.8 Court Appearances Page 3 of 4 this compensable time starts at the time the member confirms with CLO the receipt of their “Go.” (4)If a member is called off (canceled) within two (2) hours of the member’s directed appearance time, the member will receive the minimum of three (3) hours at one and one-half (1 ½) times the member’s base rate of pay. If a member is called off (canceled) more than two (2) hours prior to the member’s directed appearance time, the member will not be compensated beyond the court appearance standby pay. 7.8.03 Where a member’s appearance extends beyond the three (3) or four (4) hour minimum, the member shall be paid one and one-half times (1 ½) the member’s base rate of pay for the actual time of the appearance. 7.8.04 Electronic Hearings – In the event a member’s appearance is required via telephone or other means of electronic communication in any judicial or administrative proceeding as a witness, the member shall be compensated at one (1) hour at one and one half (1 ½) times the member’s base rate of pay, or at one and one half (1 ½) times the member’s base rate of pay for the actual time of the appearance, whichever is greater. 7.8.05 The provisions of Subsections 7.8.01 and 7.8.02 supra, shall also apply to members required to appear in any judicial or administrative proceeding as a witness pursuant to subpoena, court order, or request of the District Attorney. This provision shall apply to all judicial proceedings (civil, criminal, or administrative) and Civil Service proceedings in which a member’s presence is ordered, directed, or requested because of their employment as a Police Officer. 7.8.06 Where lateral officers receive a subpoena requiring a court appearance on behalf of the member’s prior agency for work related duties, the department will adjust the member’s work hours and/or days off, or at the department’s discretion, pay overtime so the member can attend to the court process on duty. The member will be responsible for their travel expenses. 7.8.07 The department and Association will continue to meet as needed to resolve concerns involving CLO program processes and applications. In the event a member is substituting as a result of AWS on a regularly scheduled day off/vacation/holiday/CTO, the substituting member shall be compensated in accordance with compensation afforded under Section Side Letter between the City and FPOA (Unit 4) Amending 7.8 Court Appearances Page 4 of 4 7.8 for a member required to make a court appearance on their regularly scheduled work day. 7.8.08 In the event a member is off on a regular day of work as a result of AWS, and is required to make a court appearance, the member shall be compensated for court time in accordance with Section 7.8 for a member required to make a court appearance on a regular day of work. Conversely, in the event a member is substituting as a result of AWS on a regularly scheduled day off/vacation/holiday/CTO, the substituting member shall be compensated in accordance with compensation afforded under Section 7.8 for a member required to make a court appearance on their scheduled day off. The department and Association will continue to meet as needed to resolve concerns involving CLO program processes and applications. This Agreement shall be effective on the date below until the implementation of a successor MOU. This subject will be addressed in the successor MOU. FOR THE FRESNO POLICE FOR THE CITY OF FRESNO: OFFICERS ASSOCIATION: ___ __________________ ____ _ ____________ BRANDON WIEMILLER TJ MILLER FPOA President Interim Director of Personnel Services Date: __________________ APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY: _____ _______________ Chief Assistant City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1149 Agenda Date:8/24/2023 Agenda #: 1.-O. REPORT TO THE CITY COUNCIL FROM:PACO BALDERAMA, Chief of Police Police Department BY:MINDY CASTO, Police Deputy Chief Support Division SUBJECT BILL - (For Introduction)_-Amending Article 17, Chapter 9, Sections 9-1702 9-1704, 9-1706, 9-1707, 9-1708, 9-1709, 9-1711, 9-1712 and 9-1713 of the Fresno Municipal Code as it relates to police department dispatching of tow trucks. RECOMMENDATION It is recommended the council amend Article 17, Chapter 9, Sections 9-1702, 9-1704, 9-1706, 9- 1707, 9-1708, 9-1709, 9-1711, 9-1712, 9-1713 of the Fresno Municipal Code (“FMC”) to change police department tow rotation agreements from Non-Exclusive Franchise Agreements to Non- Professional Service Agreements. Other changes include language to allow the Chief or designee to add a tow operator at any time and allow the City or tow company the right to terminate the agreement for no cause upon 30-day written notice. EXECUTIVE SUMMARY Article 17, Chapter 9, Sections 9-1702 9-1704, 9-1706, 9-1707, 9-1708, 9-1709, 9-1711, 9-1712 and 9-1713 of the Fresno Municipal Code classifies tow agreements between private tow operators and the police department as “Non-Exclusive Franchise” agreements. This classification will need to be replaced with “Non-Professional” as it relates to tow agreements. This change will be reflected in future tow agreements. Article 17, Chapter 9, Section 9-1707(f) of the FMC currently allows the City to add tow truck companies to the Fresno Police Department tow truck rotation list only if there are less than twenty companies on the rotation list. There are currently 23 tow companies on the rotation list. Article 17, Chapter 9, Section 9-1707(f) will be amended to allow for additional companies to be added by the Chief of Police or designee at anytime if it is determined there is a need to better serve the community. Article 17, Chapter 9, Section 9-1712 of the FMC will be amended to add sub section A, stating that a City of Fresno Printed on 8/28/2023Page 1 of 2 powered by Legistar™ 8/24/20238/24/2023 B-31B-31 NEW FILE ID 23-1297 23- APPROVED ON CONSENT File #:ID 23-1149 Agenda Date:8/24/2023 Agenda #: 1.-O. Article 17,Chapter 9,Section 9-1712 of the FMC will be amended to add sub section A,stating that a tow truck owner or company does not have the right to appeal the City’s decision to terminate the Non-Professional Tow Agreement when given a written 30-day notice. The proposed changes to Article 17,Chapter 9 of the FMC have been reviewed and approved by the City Attorney’s office. BACKGROUND Franchise agreements are generally reserved for utility services.Shifting to a non-professional services model is consistent with how other cities handle police tow services and will provide the City the added flexibility of being able to terminate as needed. The proposed changes to Article 17 Chapter 9 of the FMC will give the City the ability to make changes as the needs arise to better serve the community.The recommendations will be mirrored in any future tow agreements.We are currently in the middle of a final extension of the current Non- Exclusive Franchise Tow Service Agreement and if the recommendations are adopted,the City will have the ability to terminate the agreement in 30 days with written notice.The proposed changes do not affect the day-to-day tow process,and tow operators will continue to be on a rotational list.Due to the needs of the police department,it is necessary to have a special rotational tow list (i.e.,big rig tows,heavy duty tows,and medium duty tows)in addition to the primary,light duty,rotational list. Currently we have only one contracted tow company that meets the requirements of the special rotational tow list and the FMC does not allow for the addition of any other capable companies.If the one special rotational tow company can no longer provide the necessary specialized service,or if there is an increased need for those types of tows,the amended FMC would give the Chief or designee the ability to add a company at any time to meet those needs.A Non-Professional Tow Agreement with the mirrored changes will be ready to replace the Non-Exclusive Franchise Tow Agreement for the City of Fresno. The proposed Ordinance has been reviewed and approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS This is not a project pursuant to section 15378 of the California Environmental Quality Act Guidelines. LOCAL PREFERENCE Not applicable since this is not a bid or award of a contract. FISCAL IMPACT There is no impact to the general fund. Attachments: Fresno Municipal Code Article 17, Chapter 9 with proposed changes City of Fresno Printed on 8/28/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1236 Agenda Date:8/24/2023 Agenda #:1.-P. REPORT TO THE CITY COUNCIL August 24, 2023 FROM:PACO BALDERRAMA, Chief of Police Police Department BY:BURKE FARRAH, Deputy Chief Administrative Services Division SUBJECT Approve the FY 23 annual participation agreement for the Federal Equitable Sharing Agreement and Certification Program for the disposition funds, including interest, forfeited in connection with a crime and authorize the City Manager and the Chief of Police to execute related documents. RECOMMENDATION It is recommended that City Council authorize the City Manager and the Chief of Police to enter into the FY 23 annual Federal Equitable Sharing Agreements for the disposition of $382,265.87, including interest, forfeited in connection with crimes. EXECUTIVE SUMMARY The Federal Equitable Sharing Agreement Program provides local law enforcement agencies with funds derived from forfeited assets (cash and property) used in connection with a crime. The Fresno Police Department uses these funds to pay for the Skywatch program, safety equipment, and other items that are directly related to law enforcement. Authorizing the City Manager and the Chief of Police to enter into these agreements assures the City's participation in this program. BACKGROUND Asset forfeiture is an effective law enforcement tool the United States uses to deprive criminals of ill- gotten gains by seizing the proceeds of criminal activity and property used to facilitate crime. Seized property is shared with state and local law enforcement agencies which make substantial contributions to underlying criminal investigations. This not only deprives criminals of ill-gotten gains, but allows the proceeds to go to law enforcement for use to fight crime at the front-line level. The Department uses this funding opportunity to help address operational and equipment needs, such as the Skywatch program and safety equipment. The Federal Equitable Sharing Agreement must be City of Fresno Printed on 8/28/2023Page 1 of 2 powered by Legistar™ 8/24/2023 AP/MA 6-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-1236 Agenda Date:8/24/2023 Agenda #:1.-P. the Skywatch program and safety equipment.The Federal Equitable Sharing Agreement must be submitted annually,within 60 days of the end of each fiscal year,and City Council's authorization will provide the new agreement to be effective through June 30,2024.The agreement must be signed by the City Manager and the Chief of Police.By signing the agreement,the signatories agree to be bound by the statutes and guidelines that regulate the program. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, this item does not qualify as a “project” for the purposes of CEQA LOCAL PREFERENCE Local preference was not implemented because this item does not include a bid or award of a construction or service contract. FISCAL IMPACT In FY 23 the Department received $382,265.87,including interest.These funds are mandated to be used for law enforcement purposes only,and are required to enhance rather than supplant the General Fund budget.The Police Department uses this resource for the Skywatch program and other operational needs that are not funded by the General Fund. Attachments: Annual Equitable Sharing Agreement - DRAFT City of Fresno Printed on 8/28/2023Page 2 of 2 powered by Legistar™ Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews. 7.Freedom of Information Act (FOIA). Information provided in this Document is subject to the FOIA requirements of the Department of Justice and the Department of the Treasury. Agencies must follow local release of information policies. 8.Waste, Fraud, or Abuse. An Agency or governing body is required to immediately notify the Department of Justice's Money Laundering and Asset Recovery Section and the Department of the Treasury's Executive Office for Asset Forfeiture of any allegations or theft, fraud, waste, or abuse involving federal equitable sharing funds. Civil Rights Cases During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? Agency Head Name: Balderrama, Juan Title: Chief of Police Email: paco.balderrama@fresno.gov D Yes @ No Signature: ________________________ Date: To the best of my knowledge and belief, the information provided on this ESAC is true and accurate and has been reviewed and authorized by the Law Enforcement Agency Head whose name appears above. Entry of the Agency Head name above indicates his/her agreement to abide by the Guide, any subsequent updates, and the Code of Federal Regulations, including ensuring permissibility of expenditures and following all required procurement policies and procedures. Governing Body Head Name: White, Georgeanne Title: City Manager Email: georgeanne.white@fresno.gov Signature: _______________________ _ Date: To the best of my knowledge and belief, the Agency's current fiscal year budget reported on this ESAC is true and accurate and the Governing Body Head whose name appears above certifies that the agency's budget has not been supplanted as a result of receiving equitable sharing funds. Entry of the Governing Body Head name above indicates his/her agreement to abide by the policies and procedures set forth in the Guide, any subsequent updates, and the Code of Federal Regulations. D I certify that I have obtained approval from and I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head. Date Printed: 07/28/2023 Page 5 of 5 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1001 Agenda Date:8/24/2023 Agenda #: 1.-Q. 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 Award of a Requirements Contract to Toter, LLC, for five years, with two one-year optional extensions, in an amount of $951,500 per year for the purchase of up to 15,000 refuse, recycling, and green waste/organics containers using a cooperative purchase agreement (Citywide). RECOMMENDATION Staff recommends City Council award a Requirements Contract to Toter, LLC, for five years, with two one-year optional extensions, in an amount of $951,500 per year using a cooperative purchase agreement for the purchase and delivery of up to 15,000 refuse, recycling, and green waste/organic containers. EXECUTIVE SUMMARY The Department of Public Utilities, Solid Waste Management Division (SWMD) seeks to purchase up to 15,000 refuse, recycling, and green waste/organic containers (containers) necessary to support new growth and replacement to residential customers. Staff recommends the containers continue to be purchased via a cooperative purchase agreement based on a prior competitive bid contract from Sourcewell, a State of Minnesota local government agency and service cooperative that offers cooperative procurement solutions to government entities to allow the best value purchase price to its customers. Award of this contract through a cooperative purchase agreement between Sourcewell and supplier, Toter, LLC, (Supplier) will allow for cost effective purchase and the timely delivery of containers for the continued operation of collection of municipal solid waste, recycling, and green waste/organics waste materials to ensure the health and safety of the community. BACKGROUND The SWMD is responsible for the collection of municipal solid waste, recyclables, green waste/organic waste, and operation clean-up for 119,000 residential customers. The SWMD also has City of Fresno Printed on 8/28/2023Page 1 of 3 powered by Legistar™ 8/24/2023 MA/AP 6-0 MK ABSENT File #:ID 23-1001 Agenda Date:8/24/2023 Agenda #: 1.-Q. waste/organic waste,and operation clean-up for 119,000 residential customers.The SWMD also has oversight of litter collection,and FresGo customer responses for 103 square miles within the Fresno city limits. These collection activities produce approximately 4,921 tons of material each week. The City of Fresno (City)requires residential containers for all City residents to use for their disposal/removal of municipal solid waste,recycling,and green waste/organics waste.The residential customers have three 96-gallon containers as a basic level of service.A residential customer will have one container for trash (gray),one for recyclables (blue),and one for green waste/organic waste (green).An optional 64-gallon container is offered for trash only (gray). Currently,there are over 365,971 containers in use within the City.On average,SWMD purchases approximately 14,000 containers annually.Of this amount,approximately 39 percent is to support growth and 61 percent for container replacements and to establish an inventory stock for field repairs.Thus,the acquisition of containers on a continual basis is necessary to keep up with the growth of the City and for the replacement of stolen or damaged containers for residential customers. In the past,the SWMD has purchased containers by using other municipality’s contracts providing the City the best value of containers for its customers.City of Tucson,National IPA,and the supplier successfully negotiated a contract and Tucson executed the agreement with a contract effective October 31,2017,with the option to renew for (4)additional one-year periods through January 31, 2023. The City of Tucson’s agreement 171717 is set to expire on January 31, 2023. The Purchasing Division reached out to Toter to determine if there were any other piggyback options available for execution of a new agreement and were presented with Sourcewell Cooperative Purchase Agreement Contract 041521-TOT.This agreement would be valid through May 28,2025. However,the award of this contract can be extended up to five years with two one-year extension,to purchase up to 15,000 containers per year for the City. The SWMD recommends City Council award a citywide Requirements Contract to Toter,LLC,in an amount not to exceed $951,500 for the purchase and delivery of up to 15,000 containers via a cooperative purchase agreement based on a prior competitive bid contract with Sourcewell.This amount includes sales tax and freight charges.Award of this contract through a cooperative purchase agreement will allow for cost effective purchase and the timely delivery of containers for the continued operation of collection of municipal solid waste,recycling,and green waste/organic waste materials to ensure the health and safety of the community.The Purchasing Division has approved this contract and recommends Council to approve. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, the award of this contract does not qualify as a "project" as defined by CEQA. LOCAL PREFERENCE Local preference is not applicable.The City is using a cooperative purchase agreement for this purchase. FISCAL IMPACT City of Fresno Printed on 8/28/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1001 Agenda Date:8/24/2023 Agenda #: 1.-Q. No general funds will be used to purchase this item.The funding to cover the container costs will be funded through the Solid Waste Enterprise Fund in Fiscal Year 2024, not to exceed $951,500. Attachments: Attachment 1 - Cooperative Purchase Agreement Toter LLC Attachment 2 - RFP and Addendum Plastic Refuse 041521 Attachment 3 - Sourcewell Contract with Toter LLC Attachment 4 - Proof of Publication Plastic Refuse 041521 City of Fresno Printed on 8/28/2023Page 3 of 3 powered by Legistar™ FIN-S Cooperative Purchase Agt. Product (09-2022) -1- COOPERATIVE PURCHASE AGREEMENT THIS AGREEMENT (Agreement) is made and entered into effective on ______________________, by and between CITY OF FRESNO, a California municipal corporation (City), and TOTER, LLC, a North Carolina company (Vendor). AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1.The Charter for the City allows for cooperative purchase agreements for work of public improvement. The City is allowed to piggyback an existing government agency’s agreement, under Fresno City Charter 1208. The parties agree the Vendor was the lowest responsive and responsible bidder for Invitation for Bid (IFB) issued by Sourcewell, Minnesota (PIGGYBACK SOURCEWELL; CONTRACT # 041521). The IFB is attached hereto as Exhibit A and is incorporated herein by reference. The Parties agree that the Vendor has entered a Cooperative Purchase Contract with Sourcewell, Minnesota (PIGGYBACK SOURCEWELL; CONTRACT # 041521) (Original Government Contract). 2. Vendor’s Obligation. Vendor shall provide those services and carry out that work described in the Original Government Contract, which is attached hereto as Exhibit B and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 3.City’s Obligation. City shall make to the Vendor those payments described in Exhibits A and B, subject to all the terms and condition contained or incorporated herein 4.Notwithstanding the requirements that the Original Government Contract is fully binding on the Parties, the parties have agreed to modify certain non-material provisions of the Original Government Contract as applied to this Agreement between the Vendor and the City, as follows: a)The City’s Insurance and Indemnity provisions are attached as Exhibit D. b)Address change for the City: Notwithstanding the address and contract information for the government entity as set out in Exhibit B, the Vendor agrees that notices and invoices will be sent to: City of Fresno Attention: Cynthia Williams 2600 Fresno Street Fresno, CA 93721 Phone: (559) 621-1803 E-mail: cynthia.williams@fresno.gov DocuSign Envelope ID: 7DC16667-CB53-4F92-BAE5-2FD7D8AC6D3A FIN-S Cooperative Purchase Agt. Product (09-2022) -2- c) Notwithstanding anything in Exhibits A and B to the contrary, 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. d) All other provisions in the Original Government Contract are fully binding on the parties and will represent the agreement between the CITY and the Vendor. [SIGNATURES FOLLOW ON THE NEXT PAGE.] DocuSign Envelope ID: 7DC16667-CB53-4F92-BAE5-2FD7D8AC6D3A FIN-S Cooperative Purchase Agt. Product (09-2022) -3- 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: Melissa Perales Purchasing Manager, General Services Department No signature of City Attorney required. Standard Document #FIN- S Cooperative Purchase Agt. – Product (09-2022) has been used without modification, as certified by the undersigned. By: James E. Jackson Senior Procurement Specialist, General Services Department ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy Addresses: CITY City of Fresno Attention: James E. Jackson 2101 G. Street, Bldg A. Fresno, CA 93706 Phone: (559) 621-1165 E-mail: james.jackson2@fresno.gov TOTER, LLC, a 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) VENDOR: Toter, LLC Attention: Kellie Clark Sr. Manager of Bids and Contracts 841 Meacham Road Statesville, NC Phone: (704) 768-2584 E-mail: kclark@toter.com Attachments: Exhibit A- Invitation For Bids Exhibit B- Original Government Contract Exhibit C- City’s Insurance and Indemnity DocuSign Envelope ID: 7DC16667-CB53-4F92-BAE5-2FD7D8AC6D3A Treasurer 5/25/2023 Steve Klueg General Counsel 5/25/2023 Richard Sedory EXHIBIT A RFP#041521 Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 1 RFP #041521 REQUEST FOR PROPOSALS for Plastic Refuse and Recycling Containers with Related Technology Solutions Proposal Due Date: April 15, 2021, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Plastic Refuse and Recycling Containers with Related Technology Solutions 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 April 15, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: February 25, 2021 Pre-proposal Conference: March 24, 2021, 10:00 a.m., Central Time Question Submission Deadline: April 8, 2021, 4:30 p.m., Central Time Proposal Due Date: April 15, 2021, 4:30 p.m., Central Time Late responses will not be considered. Opening: April 15, 2021, 6:30 p.m., Central Time ** ** SEE RFP SUB-SECTION V. G. “OPENING” Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 2 I. ABOUT SOURCEWELL PARTICIPATING ENTITIES A. SOURCEWELL Sourcewell is a State of Minnesota local government agency 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 contracting solutions from which Sourcewell’s Participating Entities procure equipment, products, and services. Cooperative contracting provides participating entities and vendors 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 vendors’ 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, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 3 • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; • Members of the Rural Municipalities of Alberta (RMA) and their represented Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), Association of Manitoba Municipalities (AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador (MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince Edward Island Municipalities (FPEIM). For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country’s listing): https://www.sourcewell- mn.gov/sourcewell-for-vendors/agency-locator. Access to contracted equipment, products, or services by Participating Entities is typically through a purchase order issued directly to the applicable vendor. 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, public notice of this RFP has been broadly published, including notification in the United States to each state-level procurement department for possible re-posting. Proof of publication will be available at the conclusion of the solicitation process. II. EQUIPMENT, PRODUCTS, AND SERVICES 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. 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 Plastic Refuse and Recycling Containers with Related Technology Solutions, including, but not to be limited to: a. Residential, commercial and institutional-sized refuse and recycling containers, collection bins, dumpsters, and carts of principally non-metallic composition; Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 4 b. Lift and tipping solutions for stationary carts and dumpsters; and, c. Technology solutions related to the management of, or planning for, collection of refuse and recycling materials from containers of the type described in Section 1. a – b. above. 2. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell: a. Recycling and Repurposing Equipment with Related Accessories, Supplies, and Services (RFP #050119) b. Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services (RFP #091219) c. Industrial and Workplace Storage Systems with Related Accessories (RFP #010920) d. Fleet Management Technologies with Related Software Solutions (RFP #020221) with the exception of those technologies identified in Subsection 1. c. above. e. Bulk Solid Waste and Recycling Equipment (RFP #040621) 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. 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 vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of 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. Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 5 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. D. ANTICIPATED CONTRACT TERM Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions 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 $20 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. Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 6 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: 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 Vendor’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 ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Participating Entity). However, it is permissible for vendors to sell at a price that is lower than the contracted price; 3. Stated in U.S. and Canadian dollars (as applicable); and 4. Clearly understood, 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 Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 7 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. To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer’s Proposal. Exceptions must: 1. Clearly identify the affected article and section, and 2. Clearly note what language is requested to be modified. 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 vendor 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 on page one of 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 Vendor Account. Pre-proposal conference attendance is optional. B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION 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 Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 8 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. 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 Vendor Account. The Proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor 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. Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 9 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 twenty-four (24) hours to respond to certain issues. Upon successful submission of a proposal, the 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. 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 Vendor Account and register for this solicitation opportunity. Within the 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. Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 10 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. VI. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) 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 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’s knowledge about a specific vendor 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 (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 Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 11 Pricing 400 TOTAL POINTS 1000 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. The protest 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 include the following items: • The name, address, and telephone number of the protester; • The original signature of the protester or its representative; • Identification of the solicitation by RFP number; • A precise statement of the relevant facts; • Identification of the issues to be resolved; • Identification of the legal or factual basis; • Any additional supporting documentation; 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. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 12 • 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 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. The Proposer understands that Sourcewell will reject proposals that are marked confidential or nonpublic, either substantially or in their entirety. 3/1/2021 Addendum No. 1 Solicitation Number: RFP 041521 Solicitation Name: Plastic Refuse and Recycling Containers with Related Technology Solutions Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Our company has a policy of having a non-disclosure agreement (NDA) signed before we can submit company financials. Will Sourcewell sign an NDA? If yes, how do I submit the NDA and have it returned? If no, how would we proceed with the submission of financials? Answer 1: RFP Section VI., E. – Disposition of Proposals, addresses the handling of materials submitted in response to the RFP under Minnesota Statutes Section 13.591. Sourcewell is subject to the Minnesota Government Data Practices Act and will not execute a non- disclosure agreement (NDA) for a Proposer. The Sourcewell RFP is an open and competitive solicitation process. Each proposer, in its discretion, will determine the information necessary to best demonstrate its financial viability to Sourcewell. Examples of potential supporting material are identified in the text of the question on financial strength and stability in Table 2, “Company Information and Financial Strength,” in Step 1 of the proposal preparation process. Proposals are evaluated on the content submitted. End of Addendum Acknowledgement of this Addendum to RFP 041521 posted to the Sourcewell Procurement Portal on 3/1/2021, is required at the time of proposal submittal. 3/5/2021 Addendum No. 2 Solicitation Number: RFP 041521 Solicitation Name: Plastic Refuse and Recycling Containers with Related Technology Solutions Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: In Section III Pricing, under Section A, Requirements, item 3 of the RFP calls for pricing to be stated in Canadian and US dollars. For Canadian pricing is it possible for us to submit pricing in US dollars and then simply state, "Canadian pricing will be based on the current exchange rate at the time of quotation and order?" Answer 1: It is left to the discretion of each proposer to articulate and propose the pricing approach that aligns with their business methods and satisfies the requirements of RFP Section III. - Pricing. Proposals are evaluated based on the criteria stated in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 041521 posted to the Sourcewell Procurement Portal on 3/5/2021, is required at the time of proposal submittal. 3/8/2021 Addendum No. 3 Solicitation Number: RFP 041521 Solicitation Name: Plastic Refuse and Recycling Containers with Related Technology Solutions Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Describe the Administrative Fee to be paid to Sourcewell? Answer 1: Refer to RFP Section III. B. – Administrative Fees, for directions on proposing an administrative fee. It is left to the discretion of each proposer to determine and propose an administrative fee that is consistent with its business and its industry. End of Addendum Acknowledgement of this Addendum to RFP 041521 posted to the Sourcewell Procurement Portal on 3/8/2021, is required at the time of proposal submittal. 3/17/2021 Addendum No. 4 Solicitation Number: RFP 041521 Solicitation Name: Plastic Refuse and Recycling Containers with Related Technology Solutions Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: The RFP (Section 2.D.) states, “Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities.” The contract template (Section 1.B.) states, “This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.” Please clarify if the extension period is up to two one-year extensions or one additional one- year period. Answer 1: The template contract is aligned with the contract offer that will be extended to awarded vendors as a result of the solicitation. Sourcewell includes the possibility of a second, one-year extension within the RFP to reserve that right for the parties in the event of an extraordinary circumstance during the contract term. In the unlikely event that such a circumstance arises, the contract will be amended by the parties, as needed. Awarded vendors are not guaranteed the offer of a contract extension beyond the initial four-year contract term. End of Addendum Acknowledgement of this Addendum to RFP 041521 posted to the Sourcewell Procurement Portal on 3/17/2021, is required at the time of proposal submittal. EXHIBIT B ORIGINAL GOVERNMENT CONTRACT 041521-TOT Rev. 10/2020 1 Solicitation Number: RFP #041521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Toter, LLC, 841 Meacham Road, Statesville, NC 28677 (Vendor). Sourcewell is a State of Minnesota local government agency 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 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 Plastic Refuse and Recycling Containers with Related Technology Solutions from which Vendor was awarded a contract. Vendor 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 May 28, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. 041521-TOT Rev. 10/2020 2 All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’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. Vendor 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, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’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 is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s affiliates, authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’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, Vendor must permit the Equipment and Products to be 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 041521-TOT Rev. 10/2020 3 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor 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 Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor 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, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor 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 Vendor 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 Contract Administrator. This form is available from the assigned Sourcewell Contract 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; 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 041521-TOT Rev. 10/2020 4 restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and 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. Vendor 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. Vendor 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. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’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 Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. 041521-TOT Rev. 10/2020 5 Vendor’s acceptable forms of payment are included in Attachment A. 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 Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. 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 (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor 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 Vendor 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 goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. 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. Vendor 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: 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. 041521-TOT Rev. 10/2020 6 B. BUSINESS REVIEWS. Vendor 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, 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, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer 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 Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor 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. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor 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 by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’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. 041521-TOT Rev. 10/2020 7 Vendor 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 Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor 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. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor 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 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 the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. 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, 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 041521-TOT Rev. 10/2020 8 respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11.LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor 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. In no event will Vendor be liable for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, or exemplary damages, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not the indemnitee was advised of the possibility of such damages. 12.GOVERNMENT DATA PRACTICES Vendor 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 Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13.INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A.INTELLECTUAL PROPERTY 1.Grant of License. During the term of this Contract: a.Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b.Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’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 its and their respective distributors, 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. 041521-TOT Rev. 10/2020 9 Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. 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, Vendor 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 Vendor 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 vendors which may be used until the next printing). Vendor 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 Vendor 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. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 041521-TOT Rev. 10/2020 10 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County 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 to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration 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 Vendor 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 Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. 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. 041521-TOT Rev. 10/2020 11 Written notice of default and a reasonable opportunity to cure must be issued by the party claiming 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, Vendor 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. Vendor 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, Vendor 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 no less 041521-TOT Rev. 10/2020 12 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, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor 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 Vendor’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 Vendor 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, Vendor 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 Contract 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 Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is 041521-TOT Rev. 10/2020 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. Vendor 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 Vendor 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 Vendor or its subcontractors. Where permitted by law, Vendor 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. Vendor 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 Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor 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 Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor 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. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 041521-TOT Rev. 10/2020 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 also require additional requirements based on specific funding specifications. 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 Vendor’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. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. 041521-TOT Rev. 10/2020 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. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor 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. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor 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). Vendor 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 041521-TOT Rev. 10/2020 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. Vendor 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). Vendors must file any required certifications. Vendors 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. Vendors 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. Vendors 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, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor 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, Vendor 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, Vendor 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). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’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 Vendor’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 041521-TOT Rev. 10/2020 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. 22. CANCELLATION Sourcewell or Vendor 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 Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Toter, LLC By: __________________________ By: __________________________ Jeremy Schwartz Laura P. 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Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract Text. Line Item 76. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Financial Strength and Stability - Toter Answer #9 - Financial Strength and Stability (4-2021).pdf - Wednesday April 14, 2021 15:18:21 Marketing Plan/Samples - Toter Answer #32 - Marketing Samples.pdf - Wednesday April 14, 2021 15:18:37 WMBE/MBE/SBE or Related Certificates (optional) Warranty Information - Toter Answers #42-#48 - Warranty and Warranty Claims.pdf - Wednesday April 14, 2021 15:18:53 Pricing - Toter Price List for Sourcewell 041521 (with Price Adj, Leasingj) 4-15-2021.pdf - Wednesday April 14, 2021 15:19:47 Upload Additional Document - Toter Answers #64, #65 - Toter Products.pdf - Wednesday April 14, 2021 15:20:42 3URSRVHU V$IILGDYLW 352326(5$)),'$9,7$1'$6685$1&(2)&203/,$1&( ,FHUWLI\WKDW,DPWKHDXWKRUL]HGUHSUHVHQWDWLYHRIWKH3URSRVHUVXEPLWWLQJWKHIRUHJRLQJ3URSRVDOZLWKWKHOHJDODXWKRULW\WRELQGWKH 3URSRVHUWRWKLV$IILGDYLWDQG$VVXUDQFHRI&RPSOLDQFH 7KH3URSRVHULVVXEPLWWLQJWKLV3URSRVDOXQGHULWVIXOODQGFRPSOHWHOHJDOQDPHDQGWKH3URSRVHUOHJDOO\H[LVWVLQJRRGVWDQGLQJLQ 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id Number: RFP 041521 Vendor Name: Toter, LLC EXHIBIT C CITY’S INSURANCE AND INDEMNITY INSURANCE REQUIREMENTS (a) Throughout the life of this Agreement, VENDOR 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, VENDOR 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 VENDOR 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 VENDOR 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 VENDOR shall not be deemed to release or diminish the liability of VENDOR, 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 VENDOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of VENDOR, suppliers, invitees, consultants, sub-consultants, 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 VENDOR 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 VENDOR 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 VENDOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and VENDOR 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) VENDOR 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. VENDOR 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, nonrenewal, or reduction in coverage or in limits, VENDOR 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, VENDOR 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. VENDOR shall establish additional insured status for the City and for all ongoing and completed operations under Commercial General policy by use of ISO Forms or an executed manuscript insurance company endorsement that must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. (iv) All such policies of insurance shall be endorsed so the VENDORS’ 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 VENDOR 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 VENDOR. (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, VENDOR’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 VENDOR’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 - VENDOR 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, VENDOR 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 VENDOR 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, VENDOR 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 VENDOR of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. The fact that insurance is obtained by VENDOR shall not be deemed to release or diminish the liability of VENDOR, 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 VENDOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of VENDOR, its principals, officers, agents, employees, persons under the supervision of VENDOR, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If VENDOR subcontracts any or all of the services to be performed under this Agreement, VENDOR shall require, at the discretion of the CITY Risk Manager or designee, subcontractors(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, VENDOR 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. INDEMNITY To the furthest extent allowed by law, VENDOR 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, VENDOR or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation expenses, and costs to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Contract. VENDORS'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 the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers. Notwithstanding the foregoing, VENDOR shall not be liable for the claims of CITY or its employees under any Workers’ Compensation Act, Employee Disability Act, or other Employee Benefits Act. If VENDOR should subcontract all or any portion of the work to be performed under this Contract, VENDOR 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. Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 1 RFP #041521 REQUEST FOR PROPOSALS for Plastic Refuse and Recycling Containers with Related Technology Solutions Proposal Due Date: April 15, 2021, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Plastic Refuse and Recycling Containers with Related Technology Solutions 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 April 15, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: February 25, 2021 Pre-proposal Conference: March 24, 2021, 10:00 a.m., Central Time Question Submission Deadline: April 8, 2021, 4:30 p.m., Central Time Proposal Due Date: April 15, 2021, 4:30 p.m., Central Time Late responses will not be considered. Opening: April 15, 2021, 6:30 p.m., Central Time ** ** SEE RFP SUB-SECTION V. G. “OPENING” Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 2 I. ABOUT SOURCEWELL PARTICIPATING ENTITIES A. SOURCEWELL Sourcewell is a State of Minnesota local government agency 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 contracting solutions from which Sourcewell’s Participating Entities procure equipment, products, and services. Cooperative contracting provides participating entities and vendors 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 vendors’ 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, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 3 • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; • Members of the Rural Municipalities of Alberta (RMA) and their represented Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), Association of Manitoba Municipalities (AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador (MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince Edward Island Municipalities (FPEIM). For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country’s listing): https://www.sourcewell- mn.gov/sourcewell-for-vendors/agency-locator. Access to contracted equipment, products, or services by Participating Entities is typically through a purchase order issued directly to the applicable vendor. 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, public notice of this RFP has been broadly published, including notification in the United States to each state-level procurement department for possible re-posting. Proof of publication will be available at the conclusion of the solicitation process. II. EQUIPMENT, PRODUCTS, AND SERVICES 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. 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 Plastic Refuse and Recycling Containers with Related Technology Solutions, including, but not to be limited to: a. Residential, commercial and institutional-sized refuse and recycling containers, collection bins, dumpsters, and carts of principally non-metallic composition; Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 4 b. Lift and tipping solutions for stationary carts and dumpsters; and, c. Technology solutions related to the management of, or planning for, collection of refuse and recycling materials from containers of the type described in Section 1. a – b. above. 2. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell: a. Recycling and Repurposing Equipment with Related Accessories, Supplies, and Services (RFP #050119) b. Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services (RFP #091219) c. Industrial and Workplace Storage Systems with Related Accessories (RFP #010920) d. Fleet Management Technologies with Related Software Solutions (RFP #020221) with the exception of those technologies identified in Subsection 1. c. above. e. Bulk Solid Waste and Recycling Equipment (RFP #040621) 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. 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 vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of 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. Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 5 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. D. ANTICIPATED CONTRACT TERM Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions 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 $20 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. Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 6 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: 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 Vendor’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 ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Participating Entity). However, it is permissible for vendors to sell at a price that is lower than the contracted price; 3. Stated in U.S. and Canadian dollars (as applicable); and 4. Clearly understood, 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 Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 7 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. To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer’s Proposal. Exceptions must: 1. Clearly identify the affected article and section, and 2. Clearly note what language is requested to be modified. 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 vendor 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 on page one of 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 Vendor Account. Pre-proposal conference attendance is optional. B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION 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 Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 8 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. 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 Vendor Account. The Proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor 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. Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 9 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 twenty-four (24) hours to respond to certain issues. Upon successful submission of a proposal, the 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. 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 Vendor Account and register for this solicitation opportunity. Within the 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. Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 10 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. VI. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) 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 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’s knowledge about a specific vendor 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 (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 Rev. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 11 Pricing 400 TOTAL POINTS 1000 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. The protest 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 include the following items: • The name, address, and telephone number of the protester; • The original signature of the protester or its representative; • Identification of the solicitation by RFP number; • A precise statement of the relevant facts; • Identification of the issues to be resolved; • Identification of the legal or factual basis; • Any additional supporting documentation; 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. 2/2020 Sourcewell RFP #041521 Plastic Refuse and Recycling Containers with Related Technology Solutions Page 12 •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 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. The Proposer understands that Sourcewell will reject proposals that are marked confidential or nonpublic, either substantially or in their entirety. 3/1/2021 Addendum No. 1 Solicitation Number: RFP 041521 Solicitation Name: Plastic Refuse and Recycling Containers with Related Technology Solutions Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Our company has a policy of having a non-disclosure agreement (NDA) signed before we can submit company financials. Will Sourcewell sign an NDA? If yes, how do I submit the NDA and have it returned? If no, how would we proceed with the submission of financials? Answer 1: RFP Section VI., E. – Disposition of Proposals, addresses the handling of materials submitted in response to the RFP under Minnesota Statutes Section 13.591. Sourcewell is subject to the Minnesota Government Data Practices Act and will not execute a non- disclosure agreement (NDA) for a Proposer. The Sourcewell RFP is an open and competitive solicitation process. Each proposer, in its discretion, will determine the information necessary to best demonstrate its financial viability to Sourcewell. Examples of potential supporting material are identified in the text of the question on financial strength and stability in Table 2, “Company Information and Financial Strength,” in Step 1 of the proposal preparation process. Proposals are evaluated on the content submitted. End of Addendum Acknowledgement of this Addendum to RFP 041521 posted to the Sourcewell Procurement Portal on 3/1/2021, is required at the time of proposal submittal. 3/5/2021 Addendum No. 2 Solicitation Number: RFP 041521 Solicitation Name: Plastic Refuse and Recycling Containers with Related Technology Solutions Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: In Section III Pricing, under Section A, Requirements, item 3 of the RFP calls for pricing to be stated in Canadian and US dollars. For Canadian pricing is it possible for us to submit pricing in US dollars and then simply state, "Canadian pricing will be based on the current exchange rate at the time of quotation and order?" Answer 1: It is left to the discretion of each proposer to articulate and propose the pricing approach that aligns with their business methods and satisfies the requirements of RFP Section III. - Pricing. Proposals are evaluated based on the criteria stated in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 041521 posted to the Sourcewell Procurement Portal on 3/5/2021, is required at the time of proposal submittal. 3/8/2021 Addendum No. 3 Solicitation Number: RFP 041521 Solicitation Name: Plastic Refuse and Recycling Containers with Related Technology Solutions Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Describe the Administrative Fee to be paid to Sourcewell? Answer 1: Refer to RFP Section III. B. – Administrative Fees, for directions on proposing an administrative fee. It is left to the discretion of each proposer to determine and propose an administrative fee that is consistent with its business and its industry. End of Addendum Acknowledgement of this Addendum to RFP 041521 posted to the Sourcewell Procurement Portal on 3/8/2021, is required at the time of proposal submittal. 3/17/2021 Addendum No. 4 Solicitation Number: RFP 041521 Solicitation Name: Plastic Refuse and Recycling Containers with Related Technology Solutions Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: The RFP (Section 2.D.) states, “Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities.” The contract template (Section 1.B.) states, “This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.” Please clarify if the extension period is up to two one-year extensions or one additional one- year period. Answer 1: The template contract is aligned with the contract offer that will be extended to awarded vendors as a result of the solicitation. Sourcewell includes the possibility of a second, one-year extension within the RFP to reserve that right for the parties in the event of an extraordinary circumstance during the contract term. In the unlikely event that such a circumstance arises, the contract will be amended by the parties, as needed. Awarded vendors are not guaranteed the offer of a contract extension beyond the initial four-year contract term. End of Addendum Acknowledgement of this Addendum to RFP 041521 posted to the Sourcewell Procurement Portal on 3/17/2021, is required at the time of proposal submittal. 041521-TOT Rev. 10/2020 1 Solicitation Number: RFP #041521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Toter, LLC, 841 Meacham Road, Statesville, NC 28677 (Vendor). Sourcewell is a State of Minnesota local government agency 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 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 Plastic Refuse and Recycling Containers with Related Technology Solutions from which Vendor was awarded a contract. Vendor 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 May 28, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. 041521-TOT Rev. 10/2020 2 All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’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. Vendor 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, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’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 is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s affiliates, authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’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, Vendor must permit the Equipment and Products to be 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 041521-TOT Rev. 10/2020 3 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor 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 Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor 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, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor 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 Vendor 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 Contract Administrator. This form is available from the assigned Sourcewell Contract 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; 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 041521-TOT Rev. 10/2020 4 restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and 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. Vendor 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. Vendor 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. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’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 Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. 041521-TOT Rev. 10/2020 5 Vendor’s acceptable forms of payment are included in Attachment A. 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 Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. 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 (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor 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 Vendor 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 goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. 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. Vendor 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: 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. 041521-TOT Rev. 10/2020 6 B. BUSINESS REVIEWS. Vendor 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, 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, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer 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 Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor 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. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor 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 by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’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. 041521-TOT Rev. 10/2020 7 Vendor 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 Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor 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. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor 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 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 the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. 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, 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 041521-TOT Rev. 10/2020 8 respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor 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. In no event will Vendor be liable for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, or exemplary damages, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not the indemnitee was advised of the possibility of such damages. 12. GOVERNMENT DATA PRACTICES Vendor 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 Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’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 its and their respective distributors, 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. 041521-TOT Rev. 10/2020 9 Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. 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, Vendor 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 Vendor 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 vendors which may be used until the next printing). Vendor 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 Vendor 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. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 041521-TOT Rev. 10/2020 10 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County 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 to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration 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 Vendor 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 Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. 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. 041521-TOT Rev. 10/2020 11 Written notice of default and a reasonable opportunity to cure must be issued by the party claiming 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, Vendor 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. Vendor 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, Vendor 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 no less 041521-TOT Rev. 10/2020 12 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, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor 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 Vendor’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 Vendor 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, Vendor 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 Contract 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 Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is 041521-TOT Rev. 10/2020 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. Vendor 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 Vendor 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 Vendor or its subcontractors. Where permitted by law, Vendor 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. Vendor 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 Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor 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 Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor 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. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 041521-TOT Rev. 10/2020 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 also require additional requirements based on specific funding specifications. 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 Vendor’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. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. 041521-TOT Rev. 10/2020 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. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor 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. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor 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). Vendor 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 041521-TOT Rev. 10/2020 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. Vendor 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). Vendors must file any required certifications. Vendors 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. Vendors 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. Vendors 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, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor 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, Vendor 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, Vendor 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). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’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 Vendor’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 041521-TOT Rev. 10/2020 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. 22. CANCELLATION Sourcewell or Vendor 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 Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Toter, LLC By: __________________________ By: __________________________ Jeremy Schwartz Laura P. Hubbard Title: Chief Procurement Officer Title: Director of Municipal Sales Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ 5)33ODVWLF5HIXVHDQG5HF\FOLQJ&RQWDLQHUVZLWK 5HODWHG7HFKQRORJ\6ROXWLRQV 9HQGRU'HWDLOV &RPSDQ\1DPH 7RWHU//& $GGUHVV 0HDFKDP5RDG 6WDWHVYLOOH1RUWK&DUROLQD &RQWDFW .HOOLH&ODUN (PDLO WRWHUELGV#WRWHUFRP 3KRQH )D[ +67 6XEPLVVLRQ'HWDLOV &UHDWHG2Q 7KXUVGD\)HEUXDU\ 6XEPLWWHG2Q 7KXUVGD\$SULO 6XEPLWWHG%\ .HOOLH&ODUN (PDLO WRWHUELGV#WRWHUFRP 7UDQVDFWLRQ HEHGFEHE 6XEPLWWHU V,3$GGUHVV Bid Number: RFP 041521 Vendor Name: Toter, LLC 6SHFLILFDWLRQV 7DEOH 3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV *HQHUDO,QVWUXFWLRQV DSSOLHVWRDOO7DEOHV 6RXUFHZHOOSUHIHUVDEULHIEXWWKRURXJKUHVSRQVHWRHDFKTXHVWLRQ'RQRWPHUHO\DWWDFK DGGLWLRQDOGRFXPHQWVWR\RXUUHVSRQVHZLWKRXWDOVRSURYLGLQJDVXEVWDQWLYHUHVSRQVH'RQRWOHDYHDQVZHUVEODQN UHVSRQG³1$´LIWKH TXHVWLRQGRHVQRWDSSO\WR\RX 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id Number: RFP 041521 Vendor Name: Toter, LLC The New York State Contract Reporter This document printed Wednesday, 02/24/2021 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:Plastic Refuse and Recycling Containers with Related Technology Solutions Agency:Sourcewell Division:Procurement Department Contract Number:041521 Contract Term:4 years, with potential 1 year extension Date of Issue:02/25/2021 Due Date/Time:04/15/2021 4:30 PM Central Time County(ies):All NYS counties Classification:Environmental - Commodities Opportunity Type:General Entered By:Chris Robinson Description:Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Plastic Refuse and Recycling Containers with Related Technology Solutions 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 April 15, 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 James Voelker Procurement Lead Analyst 202 12th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-895-4191 rfp@sourcewell-mn.gov Submit to contact:Sourcewell Procurement Department James Voelker Procurement Lead Analyst 202 12th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-895-4191 rfp@sourcewell-mn.gov © 2021, Empire State Development http://www.esd.ny.gov/ 2 of 2 2 C ❚THURSDAY, FEBRUARY 25, 2021 ❚USA TODAY SPORTS To advertise in USA TODAY, email:sales@russelljohns.com To view more Classified listings, visit: classifieds.usatoday.com BUSINESS MARKETPLACE FINANCIAL SERVICES $200K IN UNSECURED CREDIT No income or job verification, no collateral. Plus boost your FICO 200 points in 90 days. Free book reveals details, limited supply: www.creditsecretsfree.com ATTENTION Ifyou’vehadHerniaSurgery andhaveexperiencedany 800-478-7176800-478-7176 CALL THE HERNIA MESH HELPLINE NOW AT you may be entitled to COMPLICATIONS SIGNIFICANT CASH COMPENSATION. HEALTH/FITNESS Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Plastic Refuse and Recycling Containers with Related Technology Solutions 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 April 15, 2021, at 4:30pm Central Time, and late proposals will not be considered. NOTICES PUBLIC NOTICE NOTICETO OFFERORS Sealed responses will be received by 1GPA office at 1910W.Washington St., Phoenix, AZ. 85009 untilThursday, March 18, 2021 @ 11:00 am (AZ Time Zone) Request for Proposal Cost Recovery and Containment RFP # 21-08P Sealed responses will be publicly opened in the 1 GPA office immediately following the deadline for receiving responses. Solicitations may be downloaded online at www.publicpurchase.com. For additional information please contact Rebecca Seifert at 866-306-3893 or rseifert@1gpa.org PUBLIC NOTICE GETYOUR BACKTAXES REDUCED Call The TV Tax Doctor 800-847-9607 AreYour Investments Paying A GUARANTEED INCOME? CallThe Annuity Experts 800-955-0426 BRADENTON, Fla. – Bryson De- Chambeau is looking rather slim these days. No, really, he is. Well, compared to what he looked like at the Sentry Tournament of Cham- pions in January. Back then he was the Incredible Bulk, going about 250 pounds. But at this week’s World Golf Championships-Workday Champi- onship at The Concession, DeCham- beau is tipping the scales at 230. There’s nothing wrong with him, mind you. It’s just the big basher was carrying a bit too much weight around the PGA Tour. “Not eating as much, that’s it,” the reigning U.S. Open champion and sev- en-time PGA Tour winner said with a smile when asked how he lost the pounds. You’ll remember that when he start- ed bulking up in the fall of 2019 in search of swing speed, ball speed and distance, he eventually reached a calorie intake per day in the range of 6,000-7,000. He said he just “had at it” at the dinner table and was inhaling five to six meals a day and drinking about six to eight protein shakes per day. “I’ll still do two, three shakes a day, but then I just don’t eat as much,” De- Chambeau said. “A little more protein. The portions are smaller, that’s all. “I have the same strength. I haven’t tried to push strength levels because it makes me really fatigued and tired. I’ll do it in the offseason. That’s why at Sen- try I was a lot bigger, I looked bigger. I’m just going to keep trying to gain muscle, size and strength and pushing the same tolerance levels throughout the week. I won’t try to stress anything because I’ve got to play golf.” This week he’s playing on the course where he won the NCAA individual title in 2015. The memories remain vivid, the vibes still fresh. By the way, back then he weighed 195 and could generate ball speed of 170 mph. Now he can cruise and hit 190-195 mph on Trackman. In winning the NCAA individual title, DeChambeau birdied the 71st hole and parred the final hole with a two-putt from 60 feet. The victory gave him the confidence he was searching for to make a run at the PGA Tour. “That was the moment that I knew I could play golf under pressure,” De- Chambeau said of his final-round hero- ics. “I didn’t even know if I was going to be playing golf for the rest of my life be- fore the NCAAs. I had no idea. I was real- ly good and I would have tried to play on Tour, but a lot of things got expedited when I won the NCAAs and the U.S. Am- ateur. “I would not have expected this type of path, and albeit I’m glad for a lot of the things and very blessed for a lot of the things that have happened to me, I didn’t know that there would be a lot of struggles along the way as well. I have to appreciate those tough moments be- cause last week, very, very difficult mo- ment for me. I was swinging really well and the ball just wasn’t doing what it should have done. I felt like I held myself together really well.” Last week he missed the cut in the Genesis Invitational at Riviera Country Club north of Los Angeles. DeCham- beau said he immediately put the missed cut behind him and didn’t waste any time getting to work for Workday. “It’s one of those things that I’m swinging so fast now that we just don’t know what’s going to happen yet,” De- Chambeau said. But he’s gathering information as he works with World Long Drive champion Kyle Berkshire. “The physics aren’t understood at that speed yet. I mean, his mis-hits when he barely mis-hits it, talking about variable gear effect, hit it in the same place on the toe and the ball can have two completely reactions,” De- Chambeau said. “We don’t know why that is yet and that’s sort of the stuff I’m working on to try to figure out. “Now, at the lower speeds I was using a year ago and even there were times that I just didn’t drive it that well. The U.S. Open I didn’t drive it well, so this has been going on for a long time and I knew we were going to come to this point at some point in time, but once we figure it out, it’s going to be very, very nice. “So if I can keep it in play and gain some of the confidence I had at the U.S. Open last year, I’ll be fine. I’m putting really well.” He knows he has to keep it in play this week at The Concession. “If you’re not hitting it well and straight off the tee, it’s a concussion for a reason,” he said, referring to the nick- name some have given the course. “But I like the place and we’ll be ready come Thursday.” Slimmed-down DeChambeau ready for Workday course play Steve DiMeglio Golfweek USA TODAY Network Bryson DeChambeau missed the cut last week in the Genesis Invitational. SEAN M. HAFFEY/GETTY IMAGES Stat 37 Top-10 finishes worldwide for Tony Finau since he won his lone PGA Tour title in the 2016 Puerto Rico Open, which include 10 runner-up finishes and 21 top-5s. In his last three starts heading into this week’s World Golf Champi- onships-Workday Championship at The Concession, he’s tied for sec- ond twice and lost in a playoff in last weekend’s Genesis Invitational. Tee times Golf Channel’s first-round cov- erage Thursday features star-stud- ded groups including Bryson De- Chambeau out with defending champion Patrick Reed and Viktor Hovland (12:37 p.m. ET). World No. 2 Jon Rahm is playing with Tony Finau and Hideki Matsuyama (12:48). Friday’ coverage will high- light world No. 1 Dustin Johnson, No. 3 Justin Thomas, Rory McIlroy and Brooks Koepka. FedExCup points leaders Max Homa fulfilled a lifetime dream by winning last week’s Gen- esis Invitational at Riviera Country Club, just 30 minutes south of where he grew up. The win jumped him 69 spots to 10th in the FedEx- Cup standings. The 2020-21 sea- son features 50 events – including six major championships – and culminates with the season-ending Tour Championship, the FedExCup Playoffs finale, Sept. 2-5 at East Lake Golf Club in Atlanta. Dustin Johnson is the defending champ. 1. Patrick Cantlay ....................1,234 2. Dustin Johnson ..................1,098 3. Xander Schauffele ..............1,091 4. Viktor Hovland .......................978 5. Harris English .........................960 6. Tony Finau ...............................918 7. Justin Thomas .......................840 8. Joaquin Niemann ..................837 9. Carlos Ortiz .............................829 10. Max Homa ...............................803 International federation of PGA Tours World Golf Championships- Workday Championship Course: The Concession Golf Club, in Bradenton, Fla. Yardage: 7,474. Par: 72. Prize money: $10.5 million Winner’s share: $1.82 million TV (ET): Thursday-Friday, 2-7 p.m. (Golf); Saturday, noon-2:30 p.m. (Golf) and 2:30-6 p.m. (NBC); Sun- day, 1-2:30 p.m. (Golf) and 2:30- 7 p.m. (NBC) LPGA tour Gainbridge LPGA Course: Lake Nona Golf & CC, in Orlan- do, Fla. Prize money: $2 million Winner’s share: $300,000 TV (ET): Thursday, 8-10 p.m. (Golf, tape delay); Friday, 7-9:30 p.m. (Golf, tape delay). Saturday-Sunday, 8-10 p.m. (Golf, tape delay). Race to CME Globe leader: Jessica Kor- da Notes: Annika Sorenstam is playing under a Hall of Fame exemption. It will be her first LPGA tour event since the end of the 2008 season when she re- tired from competition to start a family. Sorenstam turned 50 last year. … Laura Davies also is using a Hall of Fame ex- emption to play. … This is the second of three tournaments in Florida that start the LPGA season. … Former world No. 1 Yani Tseng is in the field. She has not played an LPGA event in two years and last won in 2012. … Former U.S. Wom- en’s Amateur champion Gabriela Ruffels of Australia is making her pro debut. … The tournament was played last year at Boca Rio in South Florida. … Jin Young Ko, the No. 1 player in women’s golf, leads the field. A year ago because of the pandemic, Ko didn’t make her first LPGA tour start until November. She won the season-ending CME Group Tour Championship. … The field fea- tures seven of the top 10 in the wom- en’s world ranking. Among those miss- ing are Hall of Famer Inbee Park. PGA Tour Puerto Rico Open Course: Grand Reserve CC, in Rio Grande, Puerto Rico Yardage: 7,506. Par: 72. Prize money: $3 million Winner’s share: $540,000 TV (ET): Thursday-Friday, 10:30 a.m.-1:30 p.m. (Golf); Saturday, 2:30- 5 p.m. (Golf); Sunday, 2:30-4:30 p.m. (Golf) Notes: Viktor Hovland is not defending his title because he qualified for the World Golf Championships. … The win- ner gets into the PGA Championship in May but not the Masters in April. … Smylie Kaufman is playing on a sponsor exemption. … The field includes Euro- pean Ryder Cup captain Padraig Har- rington and Thomas Pieters, who played in the 2016 Ryder Cup at Hazel- tine. … The alternate list includes Jona- than Kaye. … Ian Poulter is the top- ranked player in the field. … Since win- ning in Puerto Rico in 2019, Martin Trainer has made the cut in only six of the 48 tournaments he has played. PGA Tour Champions Cologuard Championship Course: Omni Tucson (Ariz.) National Yardage: 7, 218. Par: 73. Prize money: $1.7 million Winner’s share: $255,000 TV (ET): Friday, 9:30-11:30 p.m. (Golf, tape delay); Saturday, 5-7 p.m. (Golf); Sunday, 4:30-7 p.m. (Golf) Charles Schwab Cup leader: Bernhard Langer Notes: Phil Mickelson makes his third start on the PGA Tour Champions, as he is not eligible for the World Golf Cham- pionships this week. He won his other two starts and will try to become the first player to make it three in a row to start his Champions Tour career. … For- mer Atlanta Braves pitcher and Fox Sports baseball analyst John Smoltz is playing on a sponsor exemption. … Ryder Cup captain Steve Stricker is playing. He tied for fourth in his last start at the Waste Management Phoe- nix Open on the PGA Tour. … Mickelson won the Tucson Open in 1991 while still at Arizona State. No other amateur has won on the PGA Tour since then. … Jim Furyk is playing after making the cut at Riviera in the Genesis Invitational. … After going a month without playing, this is the first of back-to-back weeks for the PGA Tour Champions. – The Associated Press PRO TOUR PREVIEWS Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Plastic Refuse and Recycling Containers with Related Technology Solutions 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 April 15, 2021, at 4:30pm Central Time, and late proposals will not be considered. NOTICES PUBLIC NOTICE usat-usatnonbus-sourcewell-display-public-notice-16923.indd 1usat-usatnonbus-sourcewell-display-public-notice-16923.indd 1 2/22/21 1:27 PM2/22/21 1:27 PM Notice Basic Information Details Dates Contact Information Pre-Bidding Events Bid Submission Process Estimated Contract Value (CAD)$80,000,000.00 (Not shown to suppliers) Reference Number 0000193770 Issuing Organization Sourcewell Owner Organization Solicitation Type RFP - Request for Proposal (Formal) Solicitation Number 041521 Title Plastic Refuse and Recycling Containers with Related Technology Solutions Source ID PP.CO.USA.868485 Location All of Canada, All of Canada Purchase Type Term: 2021/06/21 01:00:00 AM EDT - 2025/06/20 01:00:00 AM EDT Description Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Plastic Refuse and Recycling Containers with Related Technology Solutions 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 April 15, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered. Publication Manual publication Question Acceptance Deadline 2021/04/08 05:30:00 PM EDT Questions are submitted online No Bid Intent Not Available Closing Date 2021/04/15 05:30:00 PM EDT Prebid Conference 2021/03/24 11:00:00 AM EDT Procurement Department 218-894-1930 rfp@sourcewell-mn.gov Event Type Prebid Conference Attendance Recommended Event date 2021/03/24 11:00:00 AM EDT Location Online 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 041521 - Plastic Refuse and Recycling Containers with Re... 2021/02/25 08:18:17 AM EST Page 1 of 2 Categories Selected Categories GSIN Category (1) G Goods Goods N42 Firefighting, Rescue, And Safety Equipment Firefighting, Rescue, And Safety Equipment N4250 Recycling and Reclamation Equipment Recycling and Reclamation Equipment MERX Category (1) G Goods Goods G22 Miscellaneous Goods Miscellaneous Goods UNSPSC Categories (2) 47000000 Cleaning Equipment and Supplies 47120000 Janitorial equipment 47121700 Waste containers and accessories 24000000 Material Handling and Conditioning and Storage Machinery and their Accessories and Supplies 24110000 Containers and storage 24112000 Bins and baskets 041521 - Plastic Refuse and Recycling Containers with Re... 2021/02/25 08:18:17 AM EST Page 2 of 2 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1163 Agenda Date:8/24/2023 Agenda #: 1.-R. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:JILL M. GORMLEY, TE, Assistant Director Public Works Department, Traffic & Engineering Services Division JASON A. CAMIT, PLS, Chief Surveyor Public Works Department, Right of Way Section SUBJECT Actions pertaining to the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard (Council District 3): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number PW13217 per staff determination, pursuant to Section 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines 2. ***RESOLUTION - Ordering the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard (Subject to Mayor’s Veto) RECOMMENDATIONS Staff recommends the City Council adopt a finding of Categorical Exemption per Environmental Assessment Number PW13217, pursuant to Section 15304 Class 4 of the California Environmental Quality Act (CEQA) Guidelines and adopt the attached resolution ordering the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard. EXECUTIVE SUMMARY The City of Fresno is requesting the proposed vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard. The purpose of this proposed vacation is to eliminate an existing storm drain basin easement that is no longer needed due to the proposed storm drain basin being constructed in a new location. BACKGROUND This storm drainage basin easement was dedicated to the City of Fresno by Parcel Map Number City of Fresno Printed on 8/28/2023Page 1 of 3 powered by Legistar™ 8/24/2023 MA/AP 6-0 MK ABSENT R. 2023-237 NOT SUBJECT TO MAYOR'S VETO File #:ID 23-1163 Agenda Date:8/24/2023 Agenda #: 1.-R. This storm drainage basin easement was dedicated to the City of Fresno by Parcel Map Number 2019-02,recorded September 24,2021 in Book 76 of Parcel Maps,at Pages 90 through 93,Fresno County Records.The proposed basin that this easement was going to serve was never constructed. Development plans were revised in this area and the proposed basin was relocated to a different area to the south,rendering this storm drain basin easement unnecessary.A new storm drain basin easement will be dedicated for the basin’s new location. The Public Works Department and the Fresno Metropolitan Flood Control District (FMFCD)have reviewed the proposed vacation and determined the storm drain basin easement lying north of East Jensen Avenue,between South Knight Avenue and South Martin Luther King Jr.Boulevard as shown in Exhibit A is no longer necessary, said exhibit is included in the attached Resolution. The City is not disposing of any land and therefore the Surplus Land Act is not applicable. The City Attorney’s Office has approved the attached Resolution as to form. The vacation,if approved by Council,will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined this project falls within the Categorical Exemption set forth in Section 15304/Class 4 of the California Environmental Quality Act (CEQA)Guidelines.None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Under Section 15304/Class 4,the proposed project is exempt from CEQA requirements when the project consists of minor public or private alterations in the condition of land,water,and/or vegetation which do not involve removal of healthy,mature,scenic trees except for forestry or agricultural purposes. The area proposed to be vacated is comprised of unimproved land.The storm drain basin easement proposed for vacation was dedicated by Parcel Map Number 2019-02,but no basin was ever constructed.The storm drain basin location has been moved to the south,rendering this storm drain basin easement no longer necessary. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,Section 15300.2 apply to this project.Furthermore,the proposed project is not expected to have a significant effect on the environment.Accordingly,a categorical exemption,as noted above,has been prepared for the project. LOCAL PREFERENCE Local preference does not apply because the vacation of a storm drain basin easement does not involve bidding or contracting. FISCAL IMPACT City of Fresno Printed on 8/28/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1163 Agenda Date:8/24/2023 Agenda #: 1.-R. This vacation is located in Council District 3 and is funded by Transformative Climate Communities grant funds from the State of California, Citywide Park Facility Impact fees, and the General Fund. Attachment(s): MLK Basin Vacation Vicinity Map EA PW13217 MLK Basin Resolution to Vacate City of Fresno Printed on 8/28/2023Page 3 of 3 powered by Legistar™ NORTH ANNADALECLOVISINTERNATIONALMAROABLACKSTONESHEPHERD PERRIN BEHYMERMAPLEFRESNOFIRSTMILLBROOKCEDARCHESTNUTWILLOWCOPPER OLIVE BELMONT GETTYSBURG BULLARD BARSTOW SHAW ALLUVIAL HERNDON SIERRA NEESFRUITTEAGUEVALENTINEWEST SHIELDS CLINTON McKINLEYCORNELIAMARKSBLYTHEBRAWLEYVAN NESSPALMGRANTLANDBRYANGARFIELDBULLARD OLIVE BELMONT ASHLAN DAKOTA GETTYSBURG CLINTON SHIELDS McKINLEY BARSTOW SHAW HERNDON SIERRA HAYESPOLKTEMPERANCEJENSEN CALIFORNIA BUTLER CHURCH KINGS CANYON TULARE CEDARWESTHUGHESMARKSFIGWALNUTFRUITEASTELMCHERRYORANGEMAPLEWILLOWMINNEWAWAPEACHCLOVISSUNNYSIDEFOWLERARMSTRONGNORTH ANNADALE JENSEN KEARNEY CHURCH CALIFORNIA NIELSEN WHITES BRIDGE TEMPERANCEARMSTRONGSUNNYSIDEFOWLERMUSCAT MALAGA AMERICANGRANTLANDHAYESBRYANBLYTHEBRAWLEYVALENTINECHATEAUFRESNO LOCANHAYESGRANTLANDCHATEAUFRESNODE WOLFLEONARDHIGHLANDCENTRAL PROJECT SITE Project ID: PW13217 Council District: 3 PROPOSED VACATION OF A STORM DRAIN BASIN EASEMENTN 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Legend City Limits District 3 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT N UMBER PW13227 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Nathan Sanchez City of Fresno 2600 Fresno Street, Fresno CA, 93721 PROJECT LOCATION: North of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard (See attached Exhibit Map) PROJECT DESCRIPTION: The scope of work for the proposed project includes the vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard was originally dedicated by Parcel Map Number 2019-02. The basin was never constructed. The location of the basin has been mov ed to the south rendering this easement unnecessary . This project is exempt under Section 15301 (b) and 15304 Class 4, of the of the California Environmental Quality Act (CEQA) Guidelines. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. EXPLANATION: Section 15301 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. Class b, existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility serv ices. Section 15304/Class 4, the proposed project is exempt from CEQA requirements when the project consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. The area proposed to be vacated is comprised of unimprove d land. The storm drain basin easement proposed for vacation was dedicated by Parcel Map Number 2019-02, but no basin was ever constructed. The storm drain basin location has been moved to the south, rendering this storm drain basin easement no longer necessary. Environmental Assessment No. PW13227 June 8, 2023 Page 2 None of the exceptions to Categorical Exemptions set forth in the CEQA G uidelines, Section 15300.2 apply to this project. Furthermore, the proposed project is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the project. Date: June 29, 2023 Prepared By: Raymundo Casillas Submitted By : Raymundo Casillas 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NUMBER ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A STORM DRAIN BASIN EASEMENT LYING NORTH OF EAST JENSEN AVENUE, BETWEEN SOUTH KNIGHT AVENUE AND SOUTH MARTIN LUTHER KING JR. BOULEVARD WHEREAS, the Council has elected to proceed under the provisions of the Public Streets, Highways, and Service Easements Vacation Law (Division 9, Part 3 of the California Streets and Highways Code), and specifically Chapter 4 (co mmencing with Section 8330) thereof, to summarily vacate a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard, as shown on Exhibit A, which is attached and incorporated in this Resolution; and WHEREAS, the City of Fresno is requesting the proposed vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard, as shown on Exhibit A; and WHEREAS the purpose of this proposed vacation is to eliminate an existing storm drain basin easement that is no longer needed due to the proposed storm drain basin being relocated to a new area; and WHEREAS, the Traffic and Engineering Services Division has reviewed this proposal and determined the proposed vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard, as shown on Exhibit A is not necessary at this location, said Exhibit is included in this Resolution; and KAS 2 of 3 WHEREAS, this action is being taken pursuant to the provisions of the Public Streets, Highways, and Serv ice Easements Vacation Law (Cal. Sts. & Hy. Code §§ 8300- 8363). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The public interest and convenience require, and it is hereby ordered, that as of August 10, 2023, the storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard , as shown on Exhibit A be vacated. 2. The City Clerk shall certify to the passage of this Resolution and shall file a certified copy, attested by the City Clerk under the seal of the City of Fresno, to be recorded in the Office of the County Recorder of the County of Fresno, State of Californi a. 3. The City Clerk shall file a certified copy of the resolution for recordation in the Office once all work associated with this requirement has been accepted by the City Engineer or the Public Works Director. 4. This vacation shall become effective on the date this resolution is recorded. * * * * * * * * * * * * * * * 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 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: Date Deputy City Attorney Attachment: Exhibit A PWF 13217 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1230 Agenda Date:8/24/2023 Agenda #: 1.-S. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department GREGORY A. BARFIELD, Director FAX Department BY:JILL M. GORMLEY, TE, Assistant Director Public Works Department, Traffic & Engineering Services Division CRYSTELLE ALEMAN, Management Analyst II Public Works Department, Traffic & Engineering Services Division SUBJECT *** RESOLUTION - Authorizing Submission of Applications for Grant Funds in total amount of approximately $67,865,000 from the 2023/2024 Congestion Mitigation and Air Quality Improvement Program, Carbon Reduction Program, and the Surface Transportation Block Grant Program Call for Projects from the Fresno Council of Governments and Authorizing the Execution of all Application Related Documents by the Public Works Director, the Transportation Director, or designees (Citywide) (Subject to Mayor’s Veto) RECOMMENDATIONS Staff recommends that the City Council adopt a resolution authorizing the submission of Regional Bid grant applications to the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Surface Transportation Block Grant Program (STBG), as well as the new Carbon Reduction Program (CRP) and authorize the execution of all application related documents by the Public Works Director, Director of Transportation, or their designees. EXECUTIVE SUMMARY The Fresno Council of Governments (Fresno COG) issues a Call for Projects every two years to solicit applications for transportation projects under two Federal programs, CMAQ and STBG. Federal funding is apportioned for these programs through the Federal Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL). The IIJA expands and continues from its predecessor FAST Act. BIL authorizes over $550 billion of new federal investment for highway projects, highway and motor vehicle safety, public transportation, motor City of Fresno Printed on 8/28/2023Page 1 of 4 powered by Legistar™ 8/24/2023 AP/MA 6-0 LC ABSENT R. 2023-238 APPROVED ON CONSENT File #:ID 23-1230 Agenda Date:8/24/2023 Agenda #: 1.-S. carrier safety, hazardous materials safety, rail, research, technology, and statistics programs. This year,in addition to the CMAQ and STGB programs the Fresno COG is soliciting applications for the Carbon Reduction Program (CRP).The BIL included the Carbon Reduction Program when it was passed into law in November 2021.The CRP provides federal funding to projects that decrease transportation emissions,which are defined as the carbon dioxide (CO2)emissions that result from on-road,highway sources.IIJA requires Caltrans,in partnership with Metropolitan Planning Organization,to develop a Carbon Reduction Strategy and submit to the Federal Highway Administration for approval by November 2023. In June 2023,the Fresno COG Policy Board initiated the 2023/2024 CMAQ,CRP,and STBG Call for Projects to solicit projects to be programmed in the Federal Transportation Improvement Plan (FTIP).Project funding can be programmed/appropriated across four Federal fiscal years which include 2024/2025 through 2027/2028. The funding involves a competitive or “Regional Bid”grant application process.Regional Bid applications are due to Fresno COG by September 15,2023 (CMAQ),September 17,2023 (CRP), and October 6,2023 (STBG).Staff has evaluated the City’s transportation needs as compared to the STBG,CRP,and CMAQ program eligibility requirements and project selection criteria.A list of recommended Public Works and Transportation projects are attached to the resolution.It is recommended that the Council adopt the resolution in support of the grant applications proposed. Adoption will allow staff to proceed with preparing and submitting applications for the projects. Projects with the most competitive score will be submitted to the regional bid. BACKGROUND Fresno COG,acting in its role as a Metropolitan Planning Organization,is in the process of programming/appropriating the future federal transportation revenues that are allocated to the Fresno County region.Funds for CMAQ,CRP,and STBG are reimbursable Federal-aid funds, subject to the requirements of Title 23,United States Code.Eligible uses of the funds include preliminary engineering,right-of-way acquisition,capital costs,and construction costs associated with an eligible project. Program Purpose and Eligible Projects The STBG grant program was established by California statute utilizing Surface Transportation Program funds that are identified in Title 23,Section 133 of the United States Code.STBG eligibility generally includes asphalt concrete pavement overlays and roadway reconstruction,capacity enhancing projects (such as the addition of new roadway),traffic signals and safety projects,transit capital projects,and landscaping.This program prioritizes maintaining existing facilities,which results in maintenance and reconstruction facilities receiving higher scores from the grant scoring committee. Caltrans’Carbon Reduction Strategy directs Local and State CRP funds to be invested in projects that support bicycle and pedestrian,rail and transit,zero-emission vehicles and infrastructure,and conversions of existing lanes to priced managed lanes. The purpose of the CMAQ grant program is to fund transportation projects or programs that willCity of Fresno Printed on 8/28/2023Page 2 of 4 powered by Legistar™ File #:ID 23-1230 Agenda Date:8/24/2023 Agenda #: 1.-S. The purpose of the CMAQ grant program is to fund transportation projects or programs that will contribute to attainment or maintenance of the national ambient air quality standards for ozone, carbon monoxide,and particulate matter.CMAQ project eligibility generally includes transit improvements such as the expansion of service or retrofit/replacement of fleet vehicles,traffic flow improvements through the installation of traffic signals or intelligent transportation systems (ITS), pedestrian and bicycle projects including trails,new sidewalks and bike lanes,and other particulate matter (PM) reduction projects such as paving roadway shoulders to reduce PM 10. Project Selection, Approval and Programming Process CMAQ,CRP,and STBG programs all include a competitive Regional Bid grant funding cycle.Staff have identified a list of projects to apply for.The project list is attached to this item.Projects were identified based on Active Transportation Plan priorities,local and regional planning priorities,City Council and community requests,and the pavement condition index.The majority of projects are focused on active transportation and complete streets improvements,though a broad array of improvements are proposed to improve transportation, safety, traffic flow, air quality, and visibility. The estimated available funding for the region to be programmed by Fresno COG is listed below and based on prior year allocations. §CMAQ Regional Bid - $26.7 Million §CRP Regional Bid - $ 3.5 Million §STBG Regional Bid - $26 Million Regional Bid funding is awarded through a competitive application process between Fresno COG member agencies and school districts (CMAQ only)across Fresno County.On average a total of approximately 45-50 project applications are submitted from Fresno County agencies.Applications are then screened for eligibility and scored by a committee.All projects submitted to these grant programs must be authorized through Council resolution.The total number of projects that can be submitted to the Call for Projects Regional Bid is limited to ten per City/Agency for CMAQ,two per City/Agency for CRP,and ten per City/Agency for STBG.Once all project applications on the attached list are prepared and scored internally by City of Fresno staff using grant scoring rubrics, the most competitive projects in each category will be submitted to the regional bid.In the last two competitive funding cycles (2019/2018 and 2021/2020)the City of Fresno was awarded grant funding totaling $35.8 million for fourteen projects. Successfully securing Regional Bid funds is based on a project’s ability to compete well against other projects submitted for funding within the region.Once projects are officially scored by COG’s scoring committee,recommendations for funding will be routed for approval through COG’s Transportation Technical Committee,Policy Advisory Committee,and the Policy Advisory Board. Once approval is received,agencies will be officially notified of their awarded projects and may begin the programming process.Programming refers to the scheduling and budgetary appropriations process COG coordinates for transportation projects in the region. The City Attorney’s office has reviewed and approved the resolution as to the form. City of Fresno Printed on 8/28/2023Page 3 of 4 powered by Legistar™ File #:ID 23-1230 Agenda Date:8/24/2023 Agenda #: 1.-S. ENVIRONMENTAL FINDINGS A resolution authorizing staff to apply for grant funding is not a project pursuant to the definition in Section 15378 of the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented as this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT This resolution will have no immediate impact on the General Fund.A local match is often required for projects selected for funding by Fresno COG.When required,the minimum local match contribution is 11.47%of project costs for CMAQ and STBG and 20%of project costs for CRP.Local match funds are typically funded through gas tax,Measure C and/or development impact fees as appropriate for the particular project.Should the grant be awarded,local matching funds will be identified through future fiscal year capital budgets. Attachment(s): Resolution Project List City of Fresno Printed on 8/28/2023Page 4 of 4 powered by Legistar™ 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR GRANT FUNDS FROM THE 2023/2024 CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM, CARBON REDUCTION PROGRAM, AND THE SURFACE TRANSPORTATION BLOCK GRANT PROGRAM CALL FOR PROJECTS FROM THE FRESNO COUNCIL OF GOVERNMENTS AND AUTHORIZING THE EXECUTION OF APPLICATION RELATED DOCUMENTS BY THE PUBLIC WORKS DIRECTOR, THE TRANSPORTATION DIRECTOR, OR DESIGNEES WHEREAS, AB 1012 has been enacted into State Law in part to provide for the “timely use” of State and Federal funding; and WHEREAS, the City of Fresno is able to apply for and receive approximately $67,865,000 in federal and state funding under the Federal Transportation Act; and WHEREAS, the City of Fresno desires to ensure that its projects, attached as Exhibit A, are delivered in a timely manner to preclude the Fresno Region from losing those funds for non-delivery; and WHEREAS, it is understood by the City of Fresno that failure to meet project delivery dates for any phase of a project may jeopardize federal or state funding to the Region; and WHEREAS, the City of Fresno must demonstrate dedicated and available local matching funds. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 2 of 3 1. The Council hereby agrees to ensure that all project delivery deadlines for all project phases will be met or exceeded. 2. The Council acknowledges that failure to meet project delivery deadlines may be deemed as sufficient cause for the Fresno Council of Governments Policy Board to terminate an agency’s project and reprogram federal/state funds as deemed necessary. 3. The Council directs the City Manager to ensure all projects are carried out in a timely manner as per the requirements of AB 1012 and the directive of the City Council. 4. The Director of Public Works and the Director of Transportation, or designee(s), is appointed as a representative(s) of the City of Fresno to conduct negotiations, execute, submit and sign all documents including but not limited to grant application documents and other grant related documents which may be necessary for the completion of the proposed project. 5. This resolution shall be effective upon final approval. 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 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: Jennifer M. Wharton Date Deputy City Attorney Attachment: Exhibit A STBG CMAQ Project List Congestion Mitigation and Air Quality Improvement Program (CMAQ) and Surface Transportation Block Grant Program (STBG) 2023-24 Project List Complete Streets Projects - STBG Church Avenue, Peach to Willow STBG | Council District 5 o Sidewalk installation from Willow Avenue to Herrera Elementary o Signalize Church Avenue and Willow Avenue to reduce queuing and improve air quality at a highly traveled intersection. o Widening the road to ultimate ROW and infilling missing sidewalk and ped ramps on Church Ave. from Peach to Willow o A ramp replacement signing and striping will be from Peach to Willow. o Install Class I trail from canal east to Willow. Clinton Avenue Complete Streets from Marks to Valentine STBG | Council District 3 o Roadway widening, sidewalks, and Class II bike lane on Clinton Avenue from Marks Avenue to 1000’ west of Valentine Avenue o A portion of the project is located in Fresno County. o Funding for right of way and construction only; design fully funded by City. Street Paving and Reconstruction - STBG McKinley Avenue Paving, Chestnut to Peach STBG | Council District 4 & 7 o Improvements include reconstruction of failing asphalt roadway, and reconstruction of curb returns for accessibility. o Improvements also include median nose reconstruction and loop replacement Peach Avenue Paving, McKinley to Olive STBG | Council Districts 7 o This project is located on Peach Avenue from Olive Avenue to McKinley Avenue. o Improvements include an overlay and reconstruction of failing asphalt roadway, and reconstruction of curb returns for accessibility. Shaw Avenue Paving from SR 99 NB ramps to Cornelia Avenue STBG | Council District 1 o Improvements include an overlay and reconstruction of failing asphalt roadway, reconstruction of curb returns for accessibility. o The eastern limits of the repaving project match with the beginning of the CHSRA Shaw Avenue grade separation. Figarden Drive Repaving, Gates to Santa Fe STBG| Council District 2 o This project is located on Figarden Drive from Gates Avenue to Santa Fe Avenue. Congestion Mitigation and Air Quality Improvement Program (CMAQ) and Surface Transportation Block Grant Program (STBG) 2023-24 Project List Cedar Avenue Repaving, Teague to Shepherd STBG | Council Districts 6 o Improvements include an overlay and reconstruction of failing asphalt roadway, improved bike lanes, and reconstruction of curb returns for accessibility from Teague to Shepherd. Shaw Avenue Paving from Fruit Avenue to West Avenue STBG | Council District 1 & 2 o Improvements include an overlay and reconstruction of failing asphalt roadway, reconstruction of curb returns for accessibility. Transportation (FAX) - CMAQ Hydrogen Fuel Cell Electric Bus CMAQ | City wide use o FAX will purchase six hydrogen fuel cell electric buses (FCEBs) to be deployed for fixed route service throughout the FAX service area o This purchase supports the FAX Innovative Clean Transit (ICT) plan, adopted by Council 6/18/20 and subsequently submitted to the California Air Resources Board (CARB) o This project helps FAX meet regional air quality improvement goals and improves overall state of good repair of the FAX fleet Zero-Emissions Light Duty Vehicles and Associated Charging Infrastructure CMAQ | City wide use o FAX will purchase zero-emissions electric light duty vehicles and install associated electric vehicle charging infrastructure at the Handy Ride facility o Vehicles will be used for Handy Ride revenue service, for trips that do not require a wheelchair-accessible vehicle o This allows more flexibility in the Handy Ride fleet, and replaces qualifying trips with a zero-emissions vehicle Active Transportation & Complete Streets Projects - CMAQ Midtown to Old Town Trail Connection CMAQ | Council District 4 o This project is located on Clovis Avenue from Shields Avenue to Dayton Avenue. o This trail underpass will connect the Fresno Midtown Trail south of Shields Avenue with the Clovis Old Town Trail north of Dayton Avenue. o Install pedestrian and bicycle tunnel across Clovis Avenue, sidewalk, curb ramps, and regional trail wayfinding signage. Congestion Mitigation and Air Quality Improvement Program (CMAQ) and Surface Transportation Block Grant Program (STBG) 2023-24 Project List Orange Avenue and Butler Avenue Sidewalks CMAQ | Council Districts 5 o Sidewalk installation on Orange Avenue, from Hamilton Avenue to Butler Avenue. o Sidewalk installation on the west side of Orange Avenue. o Sidewalk installation on Butler Avenue adjacent to the intersection with Orange Avenue. Tulare Avenue - Cedar to Chestnut Complete Streets CMAQ | Council Districts 5 &7 o Road diet will convert Tulare Avenue from a 4-lane undivided roadway to a 3- lane collector with bike lanes. o Improvements include installing a buffered Class II bikeway, sidewalks and the reconstruction of curb ramps for accessibility. o High-visibility crosswalks will be added near Roosevelt High School. Dakota Avenue Safe Routes to School CMAQ | Council District 1 o Improve safe route to school for Williams Elementary School o Curb, gutter and sidewalk installation on north Dakota Avenue near Thorne Avenue for sidewalk gap filling. o ADA-compliant construction of curb returns for accessibility. Church Avenue Complete Streets, MLK to Elm Avenue CMAQ | Council District 3 o Improvements along Church Avenue include installation of improved Class II buffered bike lanes and sidewalk gap filling between Martin Luther King, Jr and Elm Avenue. o Curb and gutter installation o The project will widen the road to ultimate ROW from Elm Avenue to Sout Clara Avenue, upgrade ramps, reconstruct median noses and replace loops. Clean Fuel - CMAQ Non-Emergency Fire Department Headquarters EV Charging Station CMAQ | Council District 3 o Installing charging equipment and necessary infrastructure to accommodate the charging needs of non-emergency Fire Department vehicles o New zero-emissions battery-electric vehicles Congestion Mitigation and Air Quality Improvement Program (CMAQ) and Surface Transportation Block Grant Program (STBG) 2023-24 Project List Intelligent Transportation System - CMAQ Northwest Fresno Adaptive ITS Improvements CMAQ | Council District 2 o Install Adaptive Signal Control Technology on Palm Avenue from Herndon to Nees Avenue and on Nees Avenue to Palm to Blackstone Avenue. . Cesar Chavez & Kings Canyon ITS CMAQ | Council District 5 & 7 o Install Adaptive Signal Control Technology on Cesar Chavez / Kings Canyon BRT Corridor from at Chestnut Avenue to Temperance Avenue. o Total 12 Signals o The project will utilize City’s ITS Fiber Optic System and add wireless ITS System o Project would add ITS infrastructure, separate detection, add cameras, and add adaptive system. Intelligent Transportation System - CRP Citywide Traffic Synchronization Upgrade CRP | (Citywide) o Nees Avenue, Bullard Avenue, Ashlan Avenue, Shields Avenue, Tulare Avenue, Kings Canyon Road, West Avenue, Fresno Street, First Avenue, Chestnut Avenue, McKinley Avenue, Willow Avenue, and other corridors o Approximately 200 signals along 80 miles of major arterials and collector streets Transportation (FAX) - CRP Hydrogen Fuel Cell Electric Bus CRP | City wide use o FAX will purchase one hydrogen fuel cell electric bus (FCEB) to be deployed for fixed route service throughout the FAX service area o This purchase supports the FAX Innovative Clean Transit (ICT) plan, adopted by Council 6/18/20 and subsequently submitted to the California Air Resources Board (CARB) o This project helps FAX meet regional air quality improvement goals and improves overall state of good repair of the FAX fleet City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1269 Agenda Date:8/24/2023 Agenda #:1.-T. REPORT TO THE CITY COUNCIL FROM:MIGUEL ARIAS, Councilmember District 3 MIKE KARBASSI, Councilmember District 2 ANNALISA PEREA, Vice President District 1 SUBJECT ***Bill B-27 (Intro’d August 10, 2023) (For adoption) - Amending Sections 3-610, 3-616, 7-1510, 9- 234 and 9-915 of the Fresno Municipal Code, relating to human rights, including protections against discrimination based on an individual’s caste and indigeneity (Subject to Mayor’s Veto) Attachment: Ordinance City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 8/24/2023 NEW FILE ID 23-1285 REMOVED TO 9/14/2023 1 of 19 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING SECTIONS 3-610, 3-616, 7-1510, 9-234 AND 9- 915 OF THE FRESNO MUNICIPAL CODE, RELATING TO HUMAN RIGHTS, INCLUDING PROTECTIONS AGAINST DISCRIMINATION BASED ON AND INDIVIDUAL’S CASTE AND INDIGENEITY WHEREAS, caste is a system of rigid social stratification characterized by hereditary status, endogamy, and social barriers sanctioned by custom, law, or religion; and WHEREAS, indigeneity refers to the original, diverse societies with their own identities that constitute an integral part of the Americas; and WHEREAS, caste discrimination is based on birth and descent, and occurs in the form of social segregation, physical and psychological abuse, and violence; and WHEREAS, indigenous communities have suffered from historic injustices as a result of, inter alia, their colonization and the dispossession of their lands, languages, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests; and WHEREAS, caste and indigeneity discrimination manifests in employment, education, and housing; and WHEREAS, in 2016, the United Nations Special Rapporteur on minority issues stated that at least 250 million people worldwide still face “appalling and dehumanizing 2 of 19 discrimination based on caste and similar systems of inherited status,” and during a presentation of the first comprehensive report on caste-based discrimination in 2016 to the United Nations Human Rights Council, the Rapporteur described caste-based discrimination as “a global problem,” and that “caste-based discrimination and violence goes against the basic principles of universal human dignity and equality, as it differentiates between ‘inferior’ and ‘superior’ categories of individuals, which is unacceptable;” and WHEREAS, in 2014, the United Nations Declaration restated their declaration around the Rights of Indigenous Peoples (“UN Declaration”) that “Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity;” and WHEREAS, the majority of the caste-affected communities live in or originate from South Asia, including India, Nepal, Sri Lanka, Bangladesh, and Pakistan, where many are known by the self-chosen identity of “Dalits,” which means “those who have been broken but are resilient” and others are indigenous or indentured community members; and WHEREAS, the majority of the indigenous communities in the City of Fresno live in or originate from Mexico (especially that state of Oaxaca and Guerrero), the First Communities of California (especially the Karok, Maidu, Cahuilleno, Mojave, Yokuts, Pomo, Paiute, and Modoc), and larger communities including those from El Salvador, Guatemala, and other regions of Central and South America; and 3 of 19 WHEREAS, caste has been found to significantly affect South Asian Americans based on data collected by Equality Labs, a Dalit civil rights organization dedicated to ending caste apartheid, gender-based violence, and religious intolerance, has found that one in four caste-oppressed people faced physical and verbal assault, one in three face education discrimination, and two in three face workplace discrimination; and WHEREAS, organizations such in Fresno such as the Jakara Movement, an organization based in Fresno that aims to challenge caste oppression and uplift all communities, Shri Guru Ravidas Sabha, Guru Ravidass Temple, Sikh Institute of Fresno, Sikh Women’s Organization of Central California, Hidden Wealth, Gurdwara Gur Nanak Prakash, and others have hosted community forums and has worked to realize Guru Arjan’s vision of Halemi Raj (politics that uplift the vulnerable) and Bhagat Ravidas Ji’s mission of a Begampura (a city without sorrow); and WHEREAS, the Centro Binacional para el Desarrollo Indígena Oaxaqueño (CBDIO), is an Indigenous-led organization that works in the Central Valley and Central Coast to foster and strengthen the civic participation, economic, social, cultural development of the indigenous communities, as well as the resistance of the indigenous communities; and WHEREAS, prejudice based on caste identification and indigenous community status is found in many industries and is a grave contributor to workplace discrimination and bias; individuals in industries like agriculture technology, construction, restaurant, domestic work and other employment sectors have faced caste discrimination, harassment, bias, wage theft, and even trafficking; and 4 of 19 WHEREAS, consistent with the guidance of the U.S. Department of Justice, Civil Rights Division’s interpretation of Title VI of the Civil Rights Act to include a prohibition against discrimination based on actual or perceived shared ancestry or citizenship in a country whose residents share a dominant religion or distinct religious identity, the City of Fresno prohibits discrimination and harassment based on race, color, ancestry, religion, creed, and national origin; and WHEREAS, the City of Fresno is committed to recognizing the dignity of all its residents, workers, and visitors, including the right to reside, work, and visit a city that does not subject them to prejudicial treatment or discrimination; and WHEREAS this Ordinance shall be subject to the meet and confer process as applicable; and WHEREAS, this Ordinance shall be subject to all City policies; as well as any applicable city, state, or federal laws. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3-610 of the Fresno Municipal Code is amended to read as follows: SECTION 3-610. - PETITION FOR FORMAL RECOGNITION (a)An employee organization or joint council that seeks formal recognition shall file a petition with the Director, in such form as the Director may prescribe, containing the following information and documentation; (1)Name and address of the employee organization. (2)Titles of its officers and names of incumbents therein. 5 of 19 (3)Names and titles of authorized employee organization representatives. (4)A statement that the employee organization, as one of its primary purposes, represents employees in their employment relations with the city. (5)Whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional, state, national or international organization, and, if so, the name and address of each such regional, state, or international organization. (6)Copies of the employee organization's constitution or articles of incorporation and bylaws, including all amendments thereof, certified as true copies by an officer of the organization. (7)A designation of the person, and his address, to whom notice will be deemed sufficient notice on the employee organization for any purpose. (8)A statement that the employee organization recognizes, and has explained to its members, the applicability of Section 3-624 of this article, and the inapplicability of Section 923 of the California Labor Code, to city employees. 6 of 19 (9)A statement that the employee organization does not and will not impose any restriction on membership based on race, color, creed, sex, age, or national origin[, caste or indigeneity]. (10)A list of all the classes and the number of employees in each class in the unit claimed to be the appropriate unit. (11)Written proof, as described in subsection (c), each dated by the signer within three months of the date upon which the petition is filed, to establish that a minimum of thirty percent of the employees eligible to vote in the unit claimed to be the appropriate unit have designated the employee organization to represent them in their employment relations with the city. Such written proof shall be furnished by submission with the petition of employee designations in the form required by subsection (c). (12)A request that the Director grant formal recognition to the employee organization by recognizing it as the representative of the employees in the unit claimed in the petition to be the appropriate unit. (b)The petition, including all accompanying documents, shall be verified under penalty of perjury by the Executive Officer or Secretary of the employee organization. If the petitioner is a joint council, information required by this section shall be supplied for each employee organization participating in the joint council. The Director may require additional specific 7 of 19 information of any matter required to be included in the petition, and may require the periodic updating of all or any portion of the information. (c) Written proof of the designation of the employee organization to represent any employee shall be made, utilizing substantially the following language and form: EMPLOYEE'S DESIGNATION OF EMPLOYEE ORGANIZATION TO REPRESENT THE EMPLOYEE IN THE EMPLOYEE'S RELATION WITH THE CITY OF FRESNO The undersigned, being an employee of the City of Fresno, hereby designates _____ (Name of Organization) to represent the undersigned in all matters relating to employment conditions and employer-employee relations. I understand the above organization will present this to the Director in order to become recognized by the city as my representative; that I am not required to sign this document, and I do so of my own free choice; and that until this designation is revoked by me in writing, I cannot have another organization represent me. I acknowledge that the above organization has explained to me the applicability of Fresno Municipal Code Section 3-624 and the inapplicability of California Labor Code Section 923, to City employees. 8 of 19 Employee's Name _____ Class/Job Title _____ Department or Division _____ Dated this _____ day of ________, 19___, at Fresno, California. Signature of Employee (d)No employee shall be represented by more than one recognized employee organization. (i)_____________________________________ ________________________________________________ SECTION 2. Section 3-616 of the Fresno Municipal Code is amended to read as follows: SECTION 3-616. - UNFAIR EMPLOYEE RELATIONS PRACTICES (a)It is an unfair employee relations practice for an employee, employee organization, or an employee representative: (1)to interfere with, restrain, or coerce any employee in the exercise of his rights granted in this article; or (2)to violate any provision of Sections 3-621 or 3-622; or (3)to discriminate against any employee because of race, creed, sex, age, color, or national origin [,caste or indigeneity] with regard to the terms and conditions of membership in an employee organization; or (4)repealed and reserved; or 9 of 19 (5) to fail, or refuse, to cooperate in impasse procedures invoked pursuant to Section 3-617; or (6) For a formally recognized employee organization to fail, or refuse, to meet and confer in good faith with the Director at reasonable times, places, and frequencies on matters within the scope of representation. (b) It is an unfair employee relations practice for an elective officer or a member of a board or commission of the city, or an executive management employee: (1) to interfere with, restrain, or coerce any employee in the exercise of his rights granted in this article; or (2) to attempt to dominate or control any employee organization; or (3) to fail, or refuse, to cooperate in impasse procedures invoked pursuant to Section 3-617. (c) It is an unfair employee relations practice for: (1) the Director to refuse to meet and confer in good faith with the representative of a formally recognized employee organization at reasonable times, places, and frequencies, or to consult within a reasonable time after request; or (2) repealed and reserved; 10 of 19 (d) A charge of an unfair employee relations practice may be filed with the Director by an employee, employee organization representative, an elected official, or a management employee. Such charges shall be processed by the Director who shall with reasonable promptness initiate a fact-finding procedure. The fees and expenses of fact finders incurred pursuant to this section shall be payable as follows: If the unfair employee relations practice charge is found to be true, the party charged shall bear the costs of fact finding. If the charge is found to be not true, the charging party shall bear the costs of fact finding. If the fact finder finds facts mitigating the charged party's conduct, the fact finder shall prorate the costs accordingly. The fact finder's report shall be filed with the City Clerk and shall be a public record. SECTION 3. Section 7-1510 of the Fresno Municipal Code is amended to read as follows: SECTION 7-1510. - MISCELLANEOUS PROVISIONS (a) Parks or other public facilities acquired, developed, rehabilitated or maintained with funds from this Measure shall be open, accessible, and affordable to the public without discrimination as to race, color, sex, sexual orientation, age, religious belief, national origin, [caste, indigeneity, ]marital status, physical or medical handicap, medical condition or place of residence. (b) The department shall not sell bonds secured by any revenues made available by this ordinance. 11 of 19 (c)The City shall not use funds generated from this resolution to develop facilities on existing or former landfills or waste refuse facilities. (d)No provision of this ordinance shall be construed as authorizing the condemnation of privately-owned lands. Acquisition of property through eminent domain shall be strictly prohibited with the funds generated by this ordinance. (e)Reasonable public access to lands acquired in fee simple with funds made available pursuant to this ordinance shall be provided except where that access may interfere with resource protection or to ensure public safety. For purposes of this ordinance, reasonable public access shall include parking and public restrooms. (f)All real property acquired pursuant to this ordinance shall be acquired in compliance with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code. Public Agencies and Nonprofit Organizations receiving funds pursuant to this resolution shall certify compliance to the City. Funds disbursed to a Public Agency in accordance with this ordinance may be expended by that agency pursuant to an agreement, or by an entity, authorized or established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code. SECTION 4. Section 9-234 of the Fresno Municipal Code is amended to read as follows: SECTION 9-234. - MISCELLANEOUS 12 of 19 (a) The captions to sections throughout this article are intended solely to facilitate reading and reference to the sections and provisions of this article. Such captions shall not affect the meaning or interpretation of this article. (b) Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this article or any franchise, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time. (c) If any term, condition, or provision of this article shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision that had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the city and shall thereafter be binding on the franchisee and the city. (d) Connections to cable system; use of antennae. (1) To the extent consistent with federal law, subscribers shall have the right to attach VCR's, receivers, and other terminal equipment to a franchisee's cable system. Subscribers also shall 13 of 19 have the right to use their own remote control devices and converters, and other similar equipment. (2)A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna, or disconnect an antenna except at the express direction of the subscriber or potential subscriber, or prohibit installation of a new antenna, provided that such antenna is connected with an appropriate device and complies with applicable law. (e)Connections to cable system; use of antennae. (1)A cable communications system operator shall not discriminate among persons or the city or take any retaliatory action against a person or the city because of that entity's exercise of any right it may have under federal, state, or local law, nor may the operator require a person the city to waive such rights as a condition of taking service. (2)A cable communications system operator shall not refuse to employ, discharge from employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, color, creed, national origin, [caste, indigeneity,] sex, sexual orientation, age, disability, religion, ethnic background, or marital status. A cable system 14 of 19 operator shall comply with all federal, state, and local laws and regulations governing equal employment opportunities, and hiring practices, as the same may be amended from time to time. (f) It shall be unlawful for any person, firm or corporation to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable communication system within this city for the purpose of enabling himself or others to receive or use any television signal, radio signal, picture, program or sound, or other information or intelligence, without payment to the owner of said system or its lessee. It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound, or information or intelligence. (g) Transitional provisions. (1) The operator of any facility installed as of the effective date of this article, for which a franchise is required under this article, shall have three months from the effective date of this article to file one or more applications for a franchise. Any operator timely filing such an application under this section shall not be subject to a penalty for failure to have such a franchise so long as said application remains pending; provided, however, nothing herein shall relieve any cable communications system operator of any liability for its failure 15 of 19 to obtain any permit or other authorization required under other provisions of Fresno Municipal Code, and nothing herein shall prevent the city from requiring removal of any facilities installed in violation of the Code. (2) Any person holding an existing franchise for a cable communications system may continue to operate under the existing franchise to the conclusion of its present term and any additional period required by the Cable Act including section 626 thereof, with respect to those activities expressly authorized by the franchise; and provided further that, such Person shall be subject to the other provisions of this article to the extent permitted by law. (3) Pending applications shall be subject to this article. A person with a pending application shall have 30 days from the effective date of this Title to submit additional information to comply with the requirements of this article governing applications. (h) Extended Operation. (1) Unless otherwise expressly provided in the franchise documents, upon the expiration, non-renewal, or revocation of a franchise, the city may require the franchisee to continue to operate the cable communication system for a defined period of time not to exceed twenty-four (24) months from the date of such expiration, non-renewal, or revocation. The franchisee shall, as trustee for its 16 of 19 successor-in-interest, continue to operate the cable communication system under the terms and conditions of this article and the franchise documents and to provide the regular cable service and any of the other services that may be provided at that time. The city shall be permitted to seek legal and equitable relief to enforce the provisions of this section. (i) very field representative of the franchisee shall be clearly identified on sight to the public as a representative of the franchisee. Every vehicle of the franchisee shall be similarly identified. (j) The city may, with the permission of the relevant court or administrative tribunal, intervene in any suit or proceeding involving the cable communication system franchise to which the franchisee is party. (k) Franchisee shall maintain throughout the term of the franchise, a local address for service of notices by mail. (l) Within one hundred eighty days from and after the effective date of the ordinance awarding the franchise or franchise renewal, or within such extended period of time as the council in its discretion may authorize, the franchisee shall file with the city clerk copies of all contracts which it may have with all public utility companies, including but not limited to the SBC Communications Inc. and the Pacific Gas & Electric, whereby grantee is granted any right to use any of the property, equipment or facilities of such 17 of 19 utility or utilities in the conduct of any operations pursuant to the franchise or franchise renewal awarded to said franchisee. (m) The franchisee shall not, and shall prohibit any officer, agent, employee, contractor or subcontractor which it retains from, removing or trimming any tree or portion thereof (either above, at or below ground level), which is located within a public right-of-way without the prior written approval of the City Director of Public Works, consistent with the Fresno Municipal Code. Such consent may be given or withheld upon such terms and conditions as the Director of Public Works deems appropriate. Each franchisee shall be responsible for, shall indemnify, defend and hold harmless the city, and its officers, agents and employees from and against any and all damages arising out of or resulting from the removal, trimming, mutilation of or any injury to any tree or trees proximately caused by the franchisee or its officers, agents, employees, contractors or subcontractors. SECTION 5. Section 9-915 of the Fresno Municipal Code is amended to read as follows: SECTION 9-915. - RATES OF FARE (a) The rates of fare to be charged within the City of Fresno to the public for use of taxicabs shall be the same for all taxicabs operated by the permittee, shall be consistent with city Master Fee Schedule requirements, and shall be based upon time and distance traveled. 18 of 19 (b) The Council, by resolution, may establish rates for mileage, drop charges, and waiting time applicable to all taxicabs. This rate shall increase due to changes in the Consumer Price Index. (c) Consumers shall be notified of the drop charge and mileage rate in effect at the time the services is contracted and before the initiation of the trip. (d) Rates may not be based on the geographic location or neighborhood of the drop off or pick up site, or a consumer's race, sex, religion, age, national origin, [caste, indigeneity] or disability. (e) Permittees may voluntarily offer or negotiate a rate lower than the posted rate. 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. 19 of 19 * * * * * * * * * * * * * * 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 City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Senior Deputy City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1281 Agenda Date:8/24/2023 Agenda #: 1.-U. REPORT TO THE CITY COUNCIL FROM:MIGUEL ARIAS, Councilmember District 3 GARRY BREDEFELD, Councilmember District 6 NELSON ESPARZA, Councilmember District 7 SUBJECT BILL - (for introduction) Adding Section 9-110 to Chapter 9 of the Fresno Municipal Code, Adding the Infectious Disease Lab Accountability and Transparency Ordinance. Attachment: Ordinance City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 8/24/2023 NEW FILE ID 23-1296 GB/NE 6-0 MK ABSENT B-32 1 of 4 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, ADDING SECTION 9-110 TO CHAPTER 9 OF THE FRESNO MUNICIPAL CODE, ADDING THE INFECTIOUS DISEASE LAB ACCOUNTABILITY AND TRANSPARENCY ORDINANCE. WHEREAS, the City is committed to the safe operation of businesses within its municipal limits; and WHEREAS, it has recently come to light that potentially dangerous laboratories are or have been operated in and around Fresno County; and WHEREAS, the Centers for Disease Control defines “infectious diseases” as illnesses cause by germs, such as bacteria, viruses, and fungi that enter the body, multiply, and can cause an infection; and WHEREAS, some infectious diseases are contagious or communicable meaning they are capable of spreading from one person to another. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9-110 of the Fresno Municipal Code is added to read as follows: SECTION 9-110. – OPERATION OF CLINICAL OR MEDICAL LABORATORIES. (a) This Section shall be known as the Infectious Disease Lab Accountability and Transparency Ordinance. (b) For the purpose of this ordinance, infectious diseases include 2 of 4 and is not limited to the following: Tuberculosis, Polio, Chickenpox, Cholera, Rubella, HIV/AIDS, Covid-19, Anthrax, Meningitis, Influenza, Ebola, Hepatitis A, Hepatitis B, Hepatitis C, Tetanus, Giardiasis, and Malaria. (c) No person or entity shall operate an infectious disease laboratory within the City of Fresno without first obtaining all proper local, state, and federal licensing. (d) Any person or entity intending to operate an infectious disease laboratory within the City of Fresno shall notify the City of such intent through its Planning Director by letter titled “Notice of Intent to Operate Infectious Disease Laboratory” prior to applying for any entitlement or permit to operate. (e) Within 30 days of receiving a Notice of Intention and prior to approval of any related conditional use permit or zone clearance, the Planning Director shall notify the City Council in writing of said notice and attach a copy of the same. (f) No later than 15 days prior to the Planning Director approving any conditional use permit or zone clearance for an infectious disease laboratory, residents and businesses within 1,000 feet shall be notified by the City. (g) Any person or entity willfully violating the provisions of this section shall be guilty of a misdemeanor punishable up to one year in a county jail and a $1,000.00 fine. The City Attorney is also authorized to refer 3 of 4 felony violations of the law to either the Fresno County District Attorney’s Office or The California Department of Justice. SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. 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 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: Kristi M. Costa Date Senior Deputy City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1282 Agenda Date:8/24/2023 Agenda #: 1.-V. REPORT TO THE CITY COUNCIL FROM:TYLER MAXWELL, Council President District 4 SUBJECT ***Resolution - To Implement a Public Transportation Agency Safety Plan (Subject to Mayor’s Veto) Attachment: Resolution City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 8/24/2023 NEW FILE ID 23-1292 MOVED TO 9/14/2023 AT 10:00 A.M. 1 of 4 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 IMPLEMENT A PUBLIC TRANSPORTATION AGENCY SAFETY PLAN WHEREAS, the City of Fresno, thanks to its devoted and highly skilled workforce, is committed to delivering safe, reliable, accessible, and efficient public transportation services to its residents and visitors; and WHEREAS, while most bus operators perform their duties without encountering any problems on the job, some bus operators have been victims of violence while working; and WHEREAS, the Federal Transit Administration has reported that assaults on bus operators have increased by four times during the past decade; and WHEREAS, assaults on bus operators constitute an unacceptable threat to the City’s orderly transit system. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The City Council hereby directs the City Manager to adopt and implement a Riders Code of Conduct Rules and Policies Governing the Conduct and Safety of the Public in the use of City’s buses and facilities; similar to the draft policy attached hereto, as Exhibit A. The policy shall include language that allows bus operators to ban passengers for violation of the policy. 2. The City Council hereby directs the Administration to develop and execute a mandatory training program for bus drivers on active shooter scenarios and hostile 2 of 4 passenger situations. It is the desire of the City Council that such a program should include the input of the Police Department and the Amalgamated Transit Union, Local No. 1027 (ATU). The program should teach de-escalation techniques and appropriate responses to hostile passengers. The Administration shall report to the Council on the program’s contents within 90 days of passage of this Resolution. 3. The Administration shall create a tracking system for incidents that occur on the buses. 4. 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 City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Deputy City Attorney 3 of 4 Exhibit A Enforcement of Policies Passengers must comply with City of Fresno Department of Transportation bus drivers at all times. Bus drivers are authorized to enforce these policies and may refuse service to anyone who engages in prohibited behavior. Additionally, the privilege to ride City of Fresno Department of Transportation buses may be suspended. Upon witnessing a violation, City of Fresno Department of Transportation bus drivers may: ● Warn the offending passenger that further like conduct will be grounds for removal from the bus and/or future denial of services. ● Stop the vehicle until the offending conduct stops, the offending passenger has been removed from the bus, or law enforcement can assist in removing the offending passenger. At any time a passenger is put off the bus their bus fare shall be forfeited. ● Refuse to admit the passenger onto the bus if the offending conduct occurs before the passenger boards (i.e. at the bus stop or the passenger is subject to a current suspension). ● Report the passenger’s conduct to the police. Bus drivers are required to report any violation of this Policy to their supervisor. Dangerous Conduct Presenting a Serious Threat to Public Safety In the case of conduct which is determined by Fresno Area Express Management or the City of Fresno Department of Transportation Director to present a clear and immediate threat to the safety of City of Fresno Department of Transportation passengers and/or operators, employees, officers, agents, and/or volunteers of City of Fresno Department of Transportation -Transit Division, and/or which has resulted in injury to the violator or to City of Fresno Department of Transportation passengers and/or operators, employees, officers, agents, and/or volunteers of the City of Fresno Department of Transportation - Transit Division, may immediately and/or permanently result in suspended transit services subject to the individual’s right to appeal as described below. Suspension of Services City of Fresno Department of Transportation -Transit Division reserves the right to suspend service to individuals who violate any of the policies and/or rules contained herein. Offenses which have occurred prior to the adoption of this Code shall not be considered for purposes of the progressive penalties described herein. Penalties may be increased if the infraction is deemed to be of a criminal nature and under investigation by the police and/or court of jurisdiction. The City of Fresno Department of Transportation- Director shall be authorized to make all final decisions which may immediately and/or permanently result in suspended transit services subject to the individual’s right to appeal as described below: 4 of 4 Violations of Prohibited Behavior are handled as follows: First Offense - The first violation of this Code may result in suspension of transit services for a period no longer than one week. Second Offense - The second violation of this Code within 12-months of the first offense may result in a suspension of transit services for a period no longer than one month. Third Offense - The third violation of this Code within 18-months of the second offense may result in a suspension of transit services for a period no longer than one year. Due Process - Appeal of Suspension Action The appeal hearing shall be scheduled within 14 calendar days from the date the notice of the appeal is received by the City of Fresno Department of Transportation -Transit Division. If the request is made in person, City of Fresno Department of Transportation - Transit Division may require the appellant to sign a written form requesting an appeal hearing. 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Legislation Details (With Text) File #: Version:1ID 22-276 Name: Status:Type:Action Item Passed File created:In control:2/1/2022 City Council On agenda:Final action:2/17/2022 2/17/2022 Title:RESOLUTION - Approval of Annual Update of the Public Transit Agency Safety Plan (PTASP) as required by the Federal Transit Administration Sponsors:Department of Transportation Indexes: Code sections: Attachments:1. Resolution, 2. Public Transit Agency Safety Plan, 3. 49 CFR Part 673 Action ByDate Action ResultVer. APPROVED ON CONSENT CALENDARCity Council2/17/2022 1 Pass REPORT TO THE CITY COUNCIL FROM:JOE VARGAS, Interim Director Department of Transportation BY:BELINDA McMILLAN HAENER, Administrative Manager Department of Transportation SUBJECT RESOLUTION -Approval of Annual Update of the Public Transit Agency Safety Plan (PTASP)as required by the Federal Transit Administration RECOMMENDATION Staff recommends the City Council approve the annual update of the Department of Transportation/FAX Public Transit Agency Safety Plan (PTASP),as required by the Federal Transit Administration (FTA)and authorize the Director of Transportation or designee to execute and file all necessary documents on behalf of the City.This annual update is required by the FTA and the changes reflect new leadership within FAX and updated safety targets. EXECUTIVE SUMMARY The Federal Transit Administration (FTA)published a final rule for Public Transportation Agency Safety Plans,as authorized by the Moving Ahead for Progress in the 21st Century Act (MAP-21). This final rule requires operators of public transportation systems that receive Federal financial assistance under 49 U.S.C.Chapter 53 to develop Public Transportation Agency Safety Plans City of Fresno Printed on 8/21/2023Page 1 of 4 powered by Legistar™ File #:ID 22-276,Version:1 assistance under 49 U.S.C.Chapter 53 to develop Public Transportation Agency Safety Plans (PTASP)based on the Safety Management System (SMS)approach.Operators of public transportation systems will be required to implement the safety plans and submit annual updates to the FTA.The development and implementation of safety plans will help ensure that public transportation systems are safe nationwide. The PTASP was approved May 21,2020,by the Fresno City Council.This is an update which reflects new leadership within the FAX department and updated safety targets. BACKGROUND On July 19,2018,the Federal Transit Administration (FTA)published the Public Transportation Agency Safety Plan (PTASP)Final Rule (49 C.F.R.Part 673),which requires certain operators of public transportation systems that receive federal funds under FTA's Urbanized Area Formula Grants to develop safety plans that include the processes and procedures to implement Safety Management Systems (SMS). Operators of public transportation systems are required to implement the safety plans by July 20, 2020,and provide annual updates to their plans to the FTA.The development,implementation,and updates of safety plans will help ensure that public transportation systems are safe, nationwide. The public transportation industry remains among the safest surface transportation modes in terms of total reported safety events,fatalities,and injuries.Nonetheless,given public transportation service complexities,the condition of transit equipment and facilities,turnover in the transit workforce,and the quality of policies,procedures,and training,the public transportation industry remains vulnerable to catastrophic accidents. This rule outlines requirements for Public Transportation Agency Safety Plans that would carry out explicit statutory mandates in the Moving Ahead for Progress in the 21st Century Act (MAP-21), which was reauthorized by the Fixing America’s Surface Transportation Act (FAST Act)and codified at 49 U.S.C.5329 (see attached),to strengthen the safety of public transportation systems that receive Federal financial assistance under 49 U.S.C. Chapter 53. This rule requires the adoption of SMS principles and methods;the development,certification, implementation,and update of Public Transportation Agency Safety Plans;and the coordination of Public Transportation Agency Safety Plan elements with other FTA programs and rules,as specified in 49 U.S.C. 5303, 5304, and 5329. The Fresno Area Express (FAX)Public Transit Agency Safety Plan is made up of the elements required by the FTA that includes: ·Safety Performance Targets City of Fresno Printed on 8/21/2023Page 2 of 4 powered by Legistar™ File #:ID 22-276,Version:1 ·Safety Management Policy ·Safety Risk Management Strategies ·Safety Assurance ·Safety Promotion The FAX Public Transit Agency Safety Plan was developed in collaboration with department leadership and safety staff,under guidance of the Federal Transit Administration.The FAX Public Transit Agency Safety Plan meets all FTA requirements for the size of the City’s transit system.The benefits of a Public Transit Agency Safety Plan include ·Improved transparency and accountability for safety management compliance ·Data-driven safety performance monitoring ·Transit system safety performance outcomes ·Maintaining eligibility for FTA funds and complying with the FAST Act. The consequences of not having a FTA-compliant Public Transit Agency Safety Plan include,but are not limited to: ·Loss or reduction of FTA funding ·Higher safety risk liability (determined by accidents per 100,000 miles) ·Decreased transit system operational safety ·Higher vulnerability for a catastrophic event ENVIRONMENTAL FINDINGS Approval of the annual update of the Department of Transportation/FAX Public Transit Agency Safety Plan (PTASP),is not a “project”for the purposes of the California Environmental Quality Act, pursuant to CEQA Guidelines section 15378. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT There is no fiscal impact to the General Fund from this request.Approval and implementation of the City of Fresno Printed on 8/21/2023Page 3 of 4 powered by Legistar™ File #:ID 22-276,Version:1 There is no fiscal impact to the General Fund from this request.Approval and implementation of the PTASP will help mitigate the loss of physical and human assets through injuries,accidents or other serious accidents. Attachments: Resolution Public Transit Agency Safety Plan 49 CFR Part 673 City of Fresno Printed on 8/21/2023Page 4 of 4 powered by Legistar™ 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: PB Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AUTHORIZING APPROVAL AND IMPLEMENTATION OF THE PUBLIC TRANSIT AGENCY SAFETY PLAN AS REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION AND EXECUTION OF RELATED AGENT FORMS WHEREAS, the City of Fresno Department of Transportation/FAX (FAX) is a recipient of Federal Transit Administration (FTA) funds; and WHEREAS, Moving Ahead for Progress in the 21st Century (MAP-21) grants the FTA authority to establish and enforce a structured comprehensive plan to oversee the safety of public transportation throughout the United States; and WHEREAS, as part of the safety oversight framework, MAP-21 requires recipients of FTA Chapter 53 funding to develop and implement a Public Transit Agency Safety Plan (PTASP) that addresses performance measures, strategies, and staff training opportunities; and WHEREAS, MAP-21 placed the FTA and FAX in a position to provide guidance that strengthens the use of safety data; ultimately supporting management decisions, improves the commitment of transit leadership to safety and fostering a culture of safety that promotes awareness and responsiveness to safety risks; and WHEREAS, PTASP for FAX is consistent with an SMS approach to Safety Risk Management (SRM), which is an integrated collection of policies, processes, and behaviors that ensures a formalized, proactive and data-driven approach to increase the safety of transit systems by proactively identifying, assessing and controlling safety risks. 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. FAX is authorized to submit the annual update of the PTASP to the Federal Transit Administration for approval. 2. The City of Fresno Director of Transportation or designee is authorized to execute documents related to the PTASP. 3. FAX agrees to comply with all conditions and requirements set forth in the documents and applicable statutes, regulations and guidelines pertaining to the PTASP. * * * * * * * * * * * * * * 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 resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2022. AYES : NOES : ABSENT : ABSTAIN : TODD STERMER, MMC City Clerk By: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Pauline Brickey Date Deputy City Attorney City of Fresno Department of Transportation Fresno Area Express Public Transit Agency Safety Plan adopted May 2020 Joe Vargas, Interim Director of Transportation 1 Table of Contents Transit Agency Information ................................................................................................2 Plan Development, Approval and Updates ........................................................................3 Safety Management Policy ................................................................................................4 Safety Performance Targets ..................................................................................................... 7 Safety Risk Management ................................................................................................ 13 Safety Assurance ............................................................................................................ 17 Safety Promotion ............................................................................................................. 20 Additional Information ...................................................................................................... 22 Definitions and Acronyms of Terms Used in the ASP ...................................................... 23 2 1. Transit Agency Information Transit Agency Name Fresno Area Express (FAX) Transit Agency Address 2223 G Street, Fresno, California, 93706 Name and Title of Accountable Executive Joe Vargas, Interim Director of Transportation Name of Chief Safety Officer Melissa Almaguer, Safety & Security Officer Mode(s) of Service Covered by this Plan Fixed Route Bus (FAX) Paratransit (Handy Ride) Mode(s) of Service Provided by the Transit Agency (directly operated or contracted service) Both List All FTA Funding Types (e.g., 5307, 5337, 5339) 5307, 5310, 5339 Does the Agency Provide Transit Services on Behalf of Another Transit Agency or Entity? No Description of Arrangement(s) Name and Address of Transit Agency(ies) or Entity(ies) for which Services is Provided Not applicable 3 2. Plan Development, Approval, and Updates Name of Person(s) Who Drafted this plan Belinda McMillan Haener, Administrative Manager Melissa Almaguer, Safety & Security Officer Signature by the Accountable Executive Director of Transportation Date of Signature (Signature Here) July 20, 2020 Approval by Fresno City Council City Council Date of Approval Fresno City Council May 21, 2020 Relevant Documentation - A copy of the City Council Resolution approving the Agency Safety Plan (ASP) is maintained on file by the Director of Transportation and Chief Safety Officer - Staff Report Version Number and Updates Version Number Section/ Pages Affected Reason for Change Date Issued 1 Original July 2020 2 1, 2, 3, 5, 7, 12, 14 Updated staffing changes, goals, and implementation of new ESRP methods January 2022 4 3. Safety Management Policy As a recipient of Federal Transit Administration (FTA) funds, Moving Ahead for Progress in the 21st Century (MAP-21) grants the FTA authority to establish and enforce a structured, comprehensive plan to oversee the safety of public transportation throughout the United States. As part of the safety oversight framework, MAP -21 requires recipients of FTA Chapter 53 funding to develop and implement a Public Transit Agency Safety Plan (PTASP) that addresses performance measures, strategies, and staff training opportunities. MAP-21 expands the regulatory authority of FTA to oversee safety, providing an opportunity for FTA to assist transit agencies in moving towards a more holistic, performance-based approach in Safety Management Systems (SMS). MAP-21 placed the FTA and the City of Fresno’s Department of Transportation (FAX) in a position to provide guidance that strengthens the use of safety data; ultimately, supporting management decisions, improves the commitment of transit leadership to safety, and fostering a culture of safety that promotes awareness and responsiveness to safety risks. The PTASP for FAX is consistent with an SMS approach to Safety Risk Management (SRM). SMS is an integrated collection of policies, processes, and behaviors that ensures a formalized, proactive and data-driven approach to SRM. The goal of SMS is to increase the safety of transit systems by proactively identifying, assessing, and controlling safety risks. The SMS approach is a flexible and scalable component for transit agencies of all modes and is consistent with the basic requirements of MAP-21. Safety Management Policy Statement FAX commits to: - Support the management of safety through the provision of appropriate resources, which will result in an organizational culture that fosters safe practices, encourages effective employee safety reporting and communication, and actively manages safety with the utmost attention and prioritization; - Integrate the management of safety among the primary responsibilities of all managers and employees; - Clearly define for all staff (managers and employees) their accountabilities and responsibilities for the delivery of the organization’s safety performance and the performance of the organization’s SMS; - Establish and operate hazard identification and analysis, and safety risk assessment activities, including an Employee Safety Reporting Program (ESRP) as a fundamental source for safety concerns and hazard identification, which will eliminate or mitigate the safety risk of the consequences of hazards resulting from 5 activities to a point that is consistent with the organization’s acceptable level of safety performance; - Ensure no action will be taken against any employee who discloses a safety concern through the ESRP, unless disclosure indicates, beyond any reasonable doubt, an illegal act, gross negligence, or a deliberate or willful disregard of regulations or procedures by the reporting employee; - Comply with, and wherever possible exceed, legislative and regulatory requirements and standards; - Ensure sufficiently skilled and trained human resources are available to implement safety management processes; - Ensure all staff is provided with adequate and appropriate safety-related information and training, are competent in safety management matters, and are allocated only tasks commensurate with their skills; - Establish and measure safety performance against realistic an d data-driven safety performance indicators and safety performance through management processes, which ensure appropriate safety management action is taken and is effective; and - Ensure externally supplied systems and services to support operations are delivered meeting or exceeding safety performance standards. Joe Vargas Date Interim Director of Transportation 6 Safety Management Policy Communication The Chief Safety Officer, who leads the SMS activities, introduced staff to SMS principles in June 2018, at a leadership staff meeting. The Safety Management Policy Statement was also distributed to each employee in the form of a handout during the leadership staff meeting. FAX also posted copies of the Safety Management Policy Statement on bulletin boards at headquarters and in the Operations and Maintenance break areas of each division. FAX has incorporated review and distribution of the Safety Management Policy Statement into new-hire training and leadership team annual refresher training. Annual Review and Update of the Public Transportation Agency Safety Plan The City of Fresno Department of Transportation (DOT) leadership will review, update, and implement any changes to the PTASP annually by July 1. The Director of Transportation will review and approve any changes, sign the new ASP, and forward to the FTA for review and approval. Any subsequent updates, addendums, adoption, and distribution activities will be documented in the Plan Development, Approval and Updated section found on page 3 of this PTASP. 7 4. Safety Performance Targets Safety Performance Targets Safety Performance Management (Safety PM) is part of the overall Transportation Performance Management (TPM) program, which Federal Highway Administration (FHWA) defines as a strategic approach and uses system information to make investment and policy decision, to achieve national performance goals. The following are performance targets based on the safety performance measures established under the National Public Transportation Safety Plan. Safety Events • • FY 21 Goals represent a 10% reduction of FY20 actuals. • FY 20 VRM were 4,701,969 • FY 21 VRM are estimated at 5,175,000, an approximate 10% increase. • Data is derived from NTD data (major and non-major accidents, incidents, and mechanical failures). Safety Performance Target Coordination The Accountable Executive will share the ASP, including safety performance targets, with the Metropolitan Planning Organization (MPO) in the service area, the Fresno Council of County Governments (FCOG), each year after its formal adoption by the City Council. The Accountable Executive also provides a copy of the formally adopted plan to Caltrans. States and transit agencies must make their safety performance targets available to states and MPO to aid in the planning process, and to the maximum extent practicable, transit agencies must coordinate with states and MPOs in the selection of state and MPO safety performance targets, per 49 CFR 673.15. FA X personnel are available to coordinate with Caltrans and the MPO in the selection of Caltrans and FCOG safety performance and targets upon request. FY 2020 Performance FY 2021 Goals Total Number Rate Per Vehicle Revenue Mile (VRM) Rate Per 100K VRMs Total Number Rate Per Vehicle Revenue Mile (VRM) Rate Per 100K VRMs Number of Passenger Injuries Per Year 44 0.00000936 0.94 43 0.00000831 0.83 Number of Vehicle Collisions Per Year 22 0.00000468 0.47 20 0.00000386 0.39 Total Accidents/ Incidents Per Year 57 0.00001212 1.21 51.3 0.00000991 0.99 Number of Fatalities Per Year 0 0.00000000 0.00 0 0.0000000 0 Number of Road Calls Per Year 540 0.00011485 11.48 486 0.00009391 9.39 Number of Transit Worker Assaults Per Year 5 .00000106 .11 4 0.00000077 0.077 8 Targets Transmitted to the State/MPO Fiscal Year of Performance Date Targets Transmitted 2020 Upon plan approval 2021 2022 9 Authorities, Accountabilities, and Responsibilities Leadership has the overall responsibility of safe and secure transit operations of the FAX transit system. In compliance with the PTASP, each of the following positions has specific system safety accountabilities and responsibilities depending on their title, in compliance with the PTASP. Director of Transportation The Director of Transportation at FAX serves as an Accountable Executive with the following authorities, accountabilities, and responsibilities under this plan: - Accountable Executive for each site operation - Decision-making regarding resources (e.g., people and funds) to support asset management SMS activities, and capital investments - Signing SMS implementation planning documents - Endorsing SMS implementation team membership - Communicate the importance of SMS to the business - Lead by example in promoting safe practices - Promoting health and well-being for all involved in transportation activities - Foster a positive safety culture within the business Chief Safety Officer or SMS Executive The Accountable Executive designates the Chief Safety Officer. The Chief Safety Officer has the following authorities, accountabilities, and responsibilities under this plan: - Developing and maintaining SMS documents - Proportioning safety awareness throughout the organization - Directing hazard identification and safety risk mitigation activities - Monitoring safety risk mitigation activities - Providing periodic reports on safety performance 10 - Briefing the Accountable Executive and Board on SMS implementation progress - Communicating changes in safety documents to all personnel - Ensuring safety documentation is current and accessible to all employees - Providing leadership in the operation and performance of SMS - Management and oversight of SMS - Leadership by example in promoting safe work practices - Staying up to date with best safety practices - Promoting health and well-being for all involved in the DOT Agency Leadership and Executive Management Agency Leadership and Executive Management also have authorities and responsibilities for day- to-day SMS implementation and operation of the SMS under this plan. FAX Agency Leadership and Executive Management include: - Assistant Directors - Administrative Manager - Operations Manager - Maintenance Manager - Planning Manager - Personnel Manager FAX Leadership and Executive Management personnel have the following authorities, accountabilities, and responsibilities: - Participate as members of the FAX Safety Committee (Operations Manager and supervisors will be rotated through the Safety Committee on a one-year term and other positions are permanent members) - Complete training on SMS and ASP elements - Oversee day-to-day operations of the SMS in their divisions. - Modify policies in their divisions consistent with implementation of the SMS, as necessary - Provide subject matter expertise to support implementation of the SMS as requested by the Accountable Executive or the Chief 11 Safety Officer, including SRM activities, investigation of safety events, development of safety risk mitigations, and monitoring of mitigation effectiveness Key Staff and Activities FAX uses the Safety Committee, as well as regular bus driver meetings, driver alert bulletins, and bi- monthly leadership meetings, to support its SMS and safety programs: - Safety Committee: Any safety hazards reported will be jointly evaluated by the Safety Committee and the Chief Safety Officer during a bi-monthly meeting. The Safety Committee members include the Chief Safety Officer, Assistant Director of Operations, the Operations Manager, a representative from dispatch, a representative from fixed route, and a representative from Amalgamated Transit Union leadership who meet bi-monthly to review issues and make recommendations to improve safety. - Driver Meetings: A permanent agenda item in all driver meetings is dedicated to safety. Safety issues are discussed and documented. - Bi-Monthly Leadership Meetings: Hazard reports and mitigations will be shared, safety topics will be brought up for open discussion, further feedback solicited, and hazard self-reporting further encouraged. Information discussed in these meetings will be documented. 12 Employee Safety Reporting Program The Employee Safety Reporting Program (ESRP) encourages employees who identify safety hazards in their day-to-day duties to report them to senior management in good faith, without concerns of consequences. The three ways employees can report safety conditions are: 1. Reporting directly to a dispatcher, who will add them to the daily Operations Log. 2. Reporting by filling out a FAX Safety Concern/Suggestion Reporting Form using their name or anonymously. This form can be filled out physically or online and submitted via email to faxsafety@fresno.gov or dropped in one of the drop boxes located in the Administration building, Maintenance building or Fleet building. 3. Reporting conditions directly to the Chief Safety & Security Officer, any supervisor, manager, or director. Examples of information typically reported include: - Safety concerns in the operating environment (for example, road conditions or the condition of facilities or vehicles); - Policies and procedures that are not working as intended (for example, insufficient time to complete pre-trip inspection); - Events that senior managers might not otherwise know about (for example, near misses); and - Information about why a safety event occurred (for example, radio communication challenges). On a daily basis, the Chief Safety & Security Officer reviews the dispatch daily Operations Log, checks the comment box and dedicated e-mail address, and documents identified safety conditions in the Safety Risk database. The Chief Safety & Security Officer, supported by the Safety Committee, will review and address each employee report, ensuring all employee hazard concerns and recommendations are appropriately identified and resolved through the SRM process; reported deficiencies and non-compliance with rules or procedures are managed through the Safety Assurance process. The Chief Safety & Security Officer discusses actions taken to address reported safety conditions during the quarterly leadership meetings. Additionally, if the reporting employee provided his or her name during the reporting process, the Chief Safety Officer or designee follows up directly with the employee when FAX determines whether the course of action and after any mitigations are implemented. FAX encourages participation in the ESRP by protecting employees who report safety conditions in good faith. However, FAX may take disciplinary action if the report involves any of the following: - Willful participation in illegal activity, such as assault or theft; - Gross negligence, such as knowingly utilizing heavy equipment for purposes other 13 than intended such that people or property are put at risk; or - Deliberate or willful disregard of regulations. 14 FAX Safety Organizational Structure Joe Vargas Interim Director of Transportation Brian Barr Belinda McMillan Haener Assistant Director Administrative Manager Assistant Director Rodolfo Castro FAX Maintenance Robert Hogg Carolina Ilic Manager Personnel Manager Planning Manager Kristopher Grey Melissa Almaguer Crystle Stidham Projects Administrator Safety & Security Officer Operations Manager 15 5. Safety Risk Management Safety Risk Management Process FAX uses the SRM process as a primary method to ensure the safety of its operations, passengers, employees, vehicles, and facilities. It is a process whereby hazards and their consequences are identified, assessed for potential safety risk, and resolved in a manner acceptable to FAX’s leadership. The SRM process allows FAX to carefully examine what could cause harm and determine whether it has taken sufficient precautions to minimize the harm, or if further mitigations are necessary. The Chief Safety Officer leads the SRM process, working with the Safety Committee to identify hazards and consequences, assess safety risk of potential consequences, and mitigate safety risks. The results of the SRM process are documented in the Safety Risk database and referenced materials. The SRM process applies to all elements of its system, including operations and maintenance; facilities and vehicles; and personnel recruitment, training, and supervision. In carrying out the SRM process, FAX uses the following terms: - Event – Any accident, incident, or occurrence - Hazard – Any real or potential condition that can cause injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure belonging to FAX; or damage to the environment - Risk – Composite of predicted severity and likelihood of the potential effect of a hazard - Risk Mitigation – Method(s) to eliminate or reduce the effects of hazards - Consequence – An effect of a hazard involving injury, illness, death, or damage to FAX property or the environment 16 Safety Hazard Identification The safety hazard identification process offers FAX the ability to identify hazards and potential consequences in the operation and maintenance of its system. Hazards can be identified through a variety of sources, including: - ESRP; - Review of vehicle camera footage; - Review of monthly performance data and safety performance targets; - Observations from supervisors; - Maintenance reports; - Comments from customers, passengers, and third parties, including transit insurance pool and vendors; - Safety Committee and Staff Meetings; - Results of audits and inspections of vehicles and facilities; - Results of training assessments; - Investigations into safety events, incidents, and occurrences; and - FTA and other oversight authorities (mandatory information source). When a safety concern is observed by management or supervisory personnel, whatever the source, it is reported to the Chief Safety & Security Officer. Procedures for reporting hazards to the Chief Safety & Security Officer are reviewed during Leadership Meetings and in the Safety Committee. The Chief Safety Officer also receives employee reports from the ESRP, customer comments related to safety, and the dispatch daily Operations Log. The Chief Safety & Security Officer reviews these sources for hazards and documents them in the Safety Risk Database. The Chief Safety & Security Officer also may enter hazards into the Safety Risk Database based on his or her review of operations and maintenance, the results of audits and observations, and information received from FTA and other oversight authorities, as well as the National Transportation Safety Board. The Chief Safety & Security Officer may conduct further analyses of hazards and consequences entered into the Safety Risk Database to collect information and identify additional consequences and to inform what hazards should be prioritized for safety risk assessment. In following up on identified hazards, the Chief Safety & Security Officer may: - Reach out to the reporting party, if available, to gather all known information about the reported hazard; - Conduct a walk-through of the affected area, assessing the possible hazardous condition, generating visual documentation (photographs and/or video), and taking any measurements deemed necessary; - Conduct interviews with employees in the area to gather potentially relevant information on the reported hazard; - Review any documentation associated with the hazard (records, reports, procedures, inspections, technical documents, etc.); 17 - Contact other departments that may have association with or technical knowledge relevant to the reported hazard; - Review any past reported hazards of a similar nature; and - Evaluate tasks and/or processes associated with the reported hazard. The Chief Safety & Security Officer will prepare an agenda to discuss identified hazards and consequences with the Safety Committee during bi-monthly meetings. This agenda may include additional background on the hazards and consequences, such as the results of trend analyses, vehicle camera footage, vendor documentation, reports and observations, or information supplied by FTA or other oversight authorities. Any identified hazard that poses a real and immediate threat to life, property, or the environment must immediately be brought to the attention of the Director of Transportation and addressed through the SRM process (with or without the full Safety Committee) for safety risk assessment and mitigation. This means the Chief Safety & Security Officer believes immediate intervention is necessary to preserve life, prevent major property destruction, or avoid harm to the environment that would constitute a violation of Environmental Protection Agency or the City of Fresno’s environmental protection standards. Otherwise, the Safety Committee will prioritize hazards for further SRM activity. Safety Risk Assessment FAX assesses safety risk associated with identified safety hazards using its safety risk assessment process. This includes an assessment of the likelihood and severity of the consequences of hazards, including existing mitigations, and prioritizing hazards based on safety risk. The Chief Safety& Security Officer and Safety Committee assess prioritized hazards using the FAX Safety Risk Matrix. This matrix expresses assessed risk as a combination of one severity category and one likelihood level, also referred to as a hazard rating. For example, a risk may be assessed as “1A” or the combination of a Catastrophic (1) severity category and a Highly (A) probability level. This matrix also categorizes combined risks into levels (High, Medium, or Low) based on the likelihood of occurrence and severity of the outcome. For purposes of accepting risk: - “High” hazard ratings will be considered unacceptable and require action from FAX to mitigate the safety risk, - “Medium” hazard ratings will be considered undesirable and require the Safety Committee to make a decision regarding their acceptability, - “Low” hazard ratings may be accepted by the Chief Safety & Security Officer without additional review, and - “Very Low” hazard ratings may be accepted by the Chief Safety & Security Officer without additional review. 18 Using a categorization of High, Medium, or Low allows for hazards to be prioritized for mitigation based on their associated safety risk. The Chief Safety & Security Officer schedules safety risk assessment activities on the Safety Committee agenda and prepares a Safety Risk Assessment Package. This package is distributed at least one week in advance of the Safety Committee meeting. During the meeting, the Chief Safety & Security Officer reviews the hazard and its consequence(s) and reviews available information distributed in the Safety Risk Assessment Package on severity and likelihood. The Chief Safety & Security Officer may request support from members of the Safety Committee in obtain ing additional information to support the safety risk assessment. Once sufficient information has been obtained, the Chief Safety & Security Officer will facilitate completion of relevant sections of the Safety Risk database, using the Safety Risk Assessment Matrix, with the Safety Committee. The Chief Safety & Security Officer will document the Safety Committee safety risk assessment, including hazard rating and mitigation options for each assessed safety hazard in the Safety Risk database. The Chief Safety & Security Officer will maintain on file Safety Committee agendas, Safety Risk Assessment Packages, additional information collection, and completed Safety Risk database sections for a period of three years from the date of generation. Safety Risk Mitigation The Director of Transportation, Chief Safety & Security Officer, and key staff review current methods of safety risk mitigation and establish methods or procedures to mitigate or eliminate safety risk associated with specific hazards based on recommendations from the Safety Committee. FAX can reduce safety risks by reducing the likelihood and/or severity of potential consequences of hazards. Prioritization of safety risk mitigations is based on the results of safety risk assessments. The Chief Safety & Security Officer tracks and updates safety risk mitigation information in the Safety Risk Database and makes the database available to the Safety Committee during monthly meetings and to FAX staff upon request. In the Safety Risk Database, the Chief Safety & Security Officer will also document any specific measures or activities, such as reviews, observations, or audits, which will be conducted to monitor the effectiveness of mitigations once implemented. 19 6. Safety Assurance Safety Assurance Through its Safety Assurance process, FAX: - Evaluates its compliance with operations and maintenance procedures to determine whether existing rules and procedures are sufficient to control the safety risk; - Assesses the effectiveness of safety risk mitigations to make sure the mitigations are appropriate and are implemented as intended; - Investigates safety events to identify causal factors; and - Analyzes information from safety reporting, including data about safety failures, defects, or conditions. Safety Performance Monitoring and Measurement FAX has many processes in place to monitor its entire transit system for compliance with operations and maintenance procedures, including: - Safety audits, - Informal inspections, - Regular review of onboard camera footage to assess drivers and specific incidents, - Safety surveys, - ESRP, - Investigation of safety occurrences, - Safety review prior to the launch or modification of any facet of service, - Daily data gathering and monitoring of data related to the delivery of service, and - Regular vehicle inspections and preventative maintenance. - Results from the above processes are compared against recent performance trends quarterly and annually by the Chief Safety & Security Officer to determine where action needs to be taken. The Chief Safety & Security Officer enters any identified non- compliant or ineffective activities, including mitigations, back into the SRM process for reevaluation by the Safety Committee. FAX monitors safety risk mitigations to determine if they have been implemented and are effective, appropriate, and working as intended. The Chief Safety & Security Officer maintains a list of safety risk mitigations in the Safety Risk Database. The mechanism for monitoring safety risk mitigations varies depending on the mitigation. The Chief Safety & Security Officer establishes one or more mechanisms for monitoring safety risk mitigations as part of the mitigation implementation process and assigns monitoring activities to the appropriate director, manager, or supervisor. These monitoring mechanisms may include tracking a specific metric on daily, weekly, or monthly logs or reports; conducting job performance observations; or other activities. 20 The Chief Safety & Security Officer will endeavor to make use of existing FAX processes and activities before assigning new information collection activities. The Chief Safety & Security Officer and Safety Committee review the performance of individual safety risk mitigations during Safety Committee meetings, based on the reporting schedule determined for each mitigation, and determine if a specific safety risk mitigation is not implemented or performing as intended. If the miti gation is not implemented or performing as intended, the Safety Committee will propose a course of action to modify the mitigation or take other action to manage the safety risk. The Chief Safety Officer will approve or modify this proposed course of action and oversee its execution. The Chief Safety & Security Officer and Safety Committee also monitor the operations on a large scale to identify mitigations that may be ineffective, inappropriate, or not implemented as intended by: - Reviewing results from accident, incident, and occurrence investigations; - Monitoring employee safety reporting; - Reviewing results of internal safety audits and inspections; and - Analyzing operational and safety data to identify emerging safety concerns. - The Chief Safety &Security Officer works with the Safety Committee and Accountable Executive to carry out and document all monitoring activities. FAX maintains documented procedures for conducting safety investigations of events (accidents, incidents, and occurrences, as defined by FTA) to find causal and contributing factors and review the existing mitigations in place at the time of the event. These procedures also reflect all traffic safety reporting and investigation requirements established by California Department of Motor Vehicles. The Chief Safety & Security Officer maintains all documentation of investigation policies, processes, forms, checklists, activities, and results. As detailed in the procedures, an investigation report is prepared and sent to the Accident Review Committee (ARC) for integration into its analysis of the event. ARC consists of five members who represent management, FAX training officers, ATU leadership/designee, operations, and law enforcement. ARC determines whether: - The accident was preventable or non-preventable; - Personnel require discipline or retraining; - The causal factor(s) indicate(s) a safety hazard contributed to or was present during the event; and - The accident appears to involve underlying organizational causal factors beyond a solely individual employee behavior. The Chief Safety & Security Officer and Safety Committee routinely review safety data captured in employee safety reports, safety meeting minutes, customer complaints, and other safety 21 communication channels. When necessary, the Chief Safety Officer and Safety Committee ensure the concerns are investigated or analyzed through the FAX SRM process. The Chief Safety & Security Officer and Safety Committee also review internal and external reviews, including audits and assessments, with findings concerning safety performance, compliance with operations and maintenance procedures, or the effectiveness of safety risk mitigations. 22 7. Safety Promotion Competencies and Training The comprehensive safety training program applies to all FAX employees directly responsible for safety, including, but not limited to: - Bus vehicle operators (drivers), - Dispatchers, - Maintenance technicians, - General office staff, - Managers and supervisors, - Agency Leadership and Executive Management, - Chief Safety & Security Officer, and - Director of Transportation FAX dedicates resources to conduct a comprehensive safety training program, as well as training on the SMS roles and responsibilities. The scope of the safety training, including annual refresher training, is appropriate to each employee’s individual safety - related job responsibilities and his or her role in the SMS. Basic training requirements for FAX employees, including frequencies and refresher training, are documented in the Safety Training Matrix and the Employee Handbook. Operations safety-related skill training includes the following: - New-hire bus vehicle operator classroom and hands-on skill training, - Bus vehicle operator refresher training, - Bus vehicle operator retraining (recertification or return to work), - Classroom and on-the-job training for dispatchers, - Classroom and on-the-job training for operations supervisors and managers, and - Accident investigation training for operations supervisors and managers. Vehicle maintenance safety-related skill training includes the following: - Ongoing vehicle maintenance technician skill training, - Ongoing skill training for vehicle maintenance supervisors, - Accident investigation training for vehicle maintenance supervisors, - Ongoing hazardous material training for vehicle maintenance technicians and supervisors, and - Training provided by vendors. FAX Accountable Executive and Agency Leadership and Executive Management team must complete the FTA SMS Awareness online training . 23 Safety Communication The Chief Safety & Security Officer and Administrative Manager coordinate safety communication activities for the SMS. FAX activities focus on the three categories of communication activity established in 49 Code of Federal Regulations (CFR) Part 673: - Communicating safety and safety performance information throughout the agency: FAX communicates information on safety and safety performance in its monthly newsletter and during staff meetings. FAX also has a permanent agenda item on all Safety Committee Meetings dedicated to safety. Information typically conveyed during these meetings in cludes safety performance statistics, lessons learned from recent occurrences, upcoming events that may impact FAX service or safety performance, and updates regarding SMS implementation. FAX also requests information from drivers during these meetings, wh ich is recorded in meeting minutes. Finally, the Administrative Division posts safety bulletins and flyers on the bulletin boards located in all bus operator and maintenance break rooms, advertising safety messages and promoting awareness of safety issues. - Communicating information on hazards and safety risks relevant to employees' roles and responsibilities throughout the agency: As part of new-hire training, FAX distributes safety policies and procedures, included in the Employee Handbook, to all employees. FAX provides training on these policies and procedures and discusses them during safety talks between supervisors and bus operators and vehicle technicians. For newly -emerging issues or safety events at the agency, the Chief Safety & Security Officer issues bulletins or messages to employees that are reinforced by supervisors in one -on-one or group discussions with employees. - Informing employees of safety actions taken in response to reports submitted through the ESRP: FAX provides targeted communications to inform employees of safety actions taken in response to reports submitted through the ESRP, including handouts, flyers, s afety talks, updates to bulletin boards, and one-on-one discussions between employees and supervisors. 24 8. Additional Information Supporting Documentation The City of Fresno will maintain documentation related to the implementation of its SMS; the programs, policies, and procedures used to carry out this ASP; and the results from its SMS process and activities pursuant to the City of Fresno’s record retention schedule, which is detailed under Resolution No. 2008-243 of the Council of the City of Fresno. Said documentation will be available to the FTA or other Federal or oversight entity upon request. 25 9. Acronyms and Definitions of Terms Used in the ASP Definitions Accident: Event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision of public transportation vehicles; an evacuation for life - safety reasons. Accountable Executive: The single, identifiable person who has ultimate responsibility for carrying out the PTASP of the agency; responsibility for carrying out the agency’s Transit Asset Management Plan; and control or direction over the human and capital resources needed to develop and maintain both the agency’s PTASP, in accordance with 49 U.S.C. section 5329(d), and the agency’s Transit Asset Management Plan in accordance with 49 U.S.C. section 5326. Agency or Transit Agency: City of Fresno Department of Transportation/FAX. Chief Safety Officer: The adequately trained individual who has responsibility for safety and reports directly to the transit agency chief executive officer. City Council: Governing body of City of Fresno Department of Transportation/FAX. Event: Any accident, incident, or occurrence. Federal Transit Administration: An operating administration within the United States Department of Transportation. Hazard: Any real or potential condition that can cause injury, illness, or death, damage to or loss of the facilities, equipment, rolling stock, or infrastructure of the system, or damage to the environment. Incident: An event that involves any of the following: a personal injury that is not a serious injury, one or more injuries requiring medical transport, or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of the transit agency. Investigation: The process of determining the causal and contributing factors of an accident, incident, or hazard for the purpose of preventing recurrence and mitigating risk. National Public Transportation Safety Plan: The plan to improve the safety of all public transportation systems that receive federal financial assistance under 49 U.S.C. Chapter 53. Occurrence: An event without any personal injury in which any damage to facilities, equipment, rolling stock, or infrastructure does not disrupt the operations of the transit agency. 26 Definitions Part 673: 49 CFR (Code of Federal Regulations) Part 673. Performance Measure: An expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets. Performance Target: A quantifiable level of performance or condition, expressed as a value for the measure, to be achieved within a time period required by the FTA. Risk: The composite of predicted severity and likelihood of the potential effect of a hazard. Risk Mitigation: A method or methods to eliminate or reduce the effects of hazards. Safety Assurance: Processes within the transit agency Safety Management Systems that function to ensure the implementation and effectiveness of safety risk mitigation, and to ensure the transit agency meets or exceeds its safety objectives through the collection, analysis, and assessment of information. Safety Management Policy: The transit agency’s documented commitment to safety, which defines its safety objectives and the accountabilities and responsibilities of its employees with regard to safety. Safety Management Systems: The formal, top-down, organization-wide approach to managing safety risk and assuring the effectiveness of the transit agency’s safety risk mitigation. SMS includes systematic procedures, practices, and policies for managing risks and hazards. Safety Performance Target: A performance target related to safety management activities. Safety Promotion: A combination of training and communication of safety information to support SMS as applied to the transit agency’s public transportation system. Safety Risk Assessment: Means the formal activity whereby the transit agency determines Safety Risk Management priorities by establishing the significance or value of its safety risks. Safety Risk Management: A process within the transit agency’s PTASP for identifying hazards and analyzing, assessing, and mitigating safety risk. Serious Injury: Any injury that: (1) requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received; (2) results in a 27 Definitions fracture of any bone (except simple fractures of fingers, toes, or noses); (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ; or (5) involves second or third-degree burns, or any burns affecting more than five percent of the body surface. State of Good Repair: The condition in which a capital asset is able to operate at a full level of performance. Transit Asset Management Plan: The strategic and systematic practice of procuring, operating, inspecting, maintaining, rehabilitating, and replacing transit capital assets to manage their performance, risks, and costs over their life cycles, for the purpose of providing safe, cost-effective, and reliable public transportation, as required by 49 U.S.C. section 5326 and 49 CFR Part 625. 28 Acronyms ARC Accident Review Committee CFR Code of Federal Regulations DOT Department of Transportation ESRP Employee Safety Reporting Program FHWA Federal Highway Administration FTA Federal Transit Administration PTASP Public Transportation Agency Safety Plan Safety PM Safety Performance Management SMS Safety Management Systems SGR State of Good Repair SPT Safety Performance Target SRA Safety Risk Assessment SRM Safety Risk Management TPM Transportation Performance Management U.S.C. United States Code 1 of 4 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 IMPLEMENT A PUBLIC TRANSPORTATION AGENCY SAFETY PLAN WHEREAS, the City of Fresno, thanks to its devoted and highly skilled workforce, is committed to delivering safe, reliable, accessible, and efficient public transportation services to its residents and visitors; and WHEREAS, while most bus operators perform their duties without encountering any problems on the job, some bus operators have been victims of violence while working; and WHEREAS, the Federal Transit Administration has reported that assaults on bus operators have increased by four times during the past decade; and WHEREAS, assaults on bus operators constitute an unacceptable threat to the City’s orderly transit system. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The City Council hereby directs the City Manager to adopt and implement a Riders Code of Conduct Rules and Policies Governing the Conduct and Safety of the Public in the use of City’s buses and facilities; similar to the draft policy attached hereto, as Exhibit A. The policy shall include language that allows bus operators to ban passengers for violation of the policy. 2. The City Council hereby directs the Administration to develop and execute a mandatory training program for bus drivers on active shooter scenarios and hostile 2 of 4 passenger situations. It is the desire of the City Council that such a program sho uld include the input of the Police Department and the Amalgamated Transit Union, Local No. 1027 (ATU). The program should teach de-escalation techniques and appropriate responses to hostile passengers. The Administration shall report to the Council on the program’s contents within 90 days of passage of this Resolution. 3. The Administration shall create a tracking system for incidents that occur on the buses. 4. 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 City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Deputy City Attorney 3 of 4 Exhibit A Enforcement of Policies Passengers must comply with City of Fresno Department of Transportation bus drivers at all times. Bus drivers are authorized to enforce these policies and may refuse service to anyone who engages in prohibited behavior. Additionally, the privilege to ride City of Fresno Department of Transportation buses may be suspended. Upon witnessing a violation, City of Fresno Department of Transportation bus drivers may: ● Warn the offending passenger that further like conduct will be grounds for removal from the bus and/or future denial of services. ● Stop the vehicle until the offending conduct stops, the offending passenger has been removed from the bus, or law enforcement can assist in removing the offending passenger. At any time a passenger is put off the bus their bus fare shall be forfeited. ● Refuse to admit the passenger onto the bus if the offending conduct occurs before the passenger boards (i.e. at the bus stop or the passenger is subject to a current suspension). ● Report the passenger’s conduct to the police. Bus drivers are required to report any violation of this Policy to their supervisor. Dangerous Conduct Presenting a Serious Threat to Public Safety In the case of conduct which is determined by Fresno Area Express Management or the City of Fresno Department of Transportation Director to present a clear and immediate threat to the safety of City of Fresno Department of T ransportation passengers and/or operators, employees, officers, agents, and/or volunteers of City of Fresno Department of Transportation -Transit Division, and/or which has resulted in injury to the violator or to City of Fresno Department of Transportation passengers and/or operators, employees, officers, agents, and/or volunteers of the City of Fresno Department of Transportation -Transit Division, may immediately and/or permanently result in suspended transit services subject to the individual’s right to appeal as described below. Suspension of Services City of Fresno Department of Transportation -Transit Division reserves the right to suspend service to individuals who violate any of the policies and/or rules contained herein. Offenses which have occurred prior to the adoption of this Code shall not be considered for purposes of the progressive penalties described herein. Penalties may be increased if the infraction is deemed to be of a criminal nature and under investigation by the police and/or court of jurisdiction. The City of Fresno Department of Transportation - Director shall be authorized to make all final decisions which may immediately and/or permanently result in suspended transit services subject to the individual’s right to appeal as described below: 4 of 4 Violations of Prohibited Behavior are handled as follows: First Offense - The first violation of this Code may result in suspension of transit services for a period no longer than one week. Second Offense - The second violation of this Code within 12-months of the first offense may result in a suspension of transit services for a period no longer than one month. Third Offense - The third violation of this Code within 18-months of the second offense may result in a suspension of transit services for a period no longer than one year. Due Process - Appeal of Suspension Action The appeal hearing shall be scheduled within 14 calendar days from the date the notice of the appeal is received by the City of Fresno Department of Transportation -Transit Division. If the request is made in person, City of Fresno Department of Transportation -Transit Division may require the appellant to sign a written form requesting an appeal hearing. EFFECTIVE AUGUST 14, 2023 / EFECTIVO A PARTIR DEL 14 DE AGOSTO, 202310 Welcome Aboard! (Cont.) ACCESSIBILITY – All FAX buses have entry ramps for easy access by passengers who use wheelchairs or other mobility devices, or have difficulty climbing steps. Walkers/Rollators (4-wheeled walkers with seats) must be folded and placed out of the aisles. Walker and Rollator users must always sit in a regular bus seat. Walkers and Rollators cannot be used as a seat while riding the bus and may not be secured in the wheelchair securement area. HANDY RIDE – Handy Ride is a FAX service designed to transport eligible persons with disabilities. The service is avail- able to those persons who, because of the nature of their disability, are unable to use the FAX fixed-route system. Handy Ride is a curb- to-curb service provided from any origin to any destination within the service area, for any trip purpose. It is a shared-ride service, which means you may share your ride with other riders. You must be at the curb at your desig- nated pick-up time. Eligible persons can schedule a trip reservation by calling Handy Ride at 621-5770. When call- ing in, please state your name first. Reservation staff will then ask a series of questions regard- ing desired pick-up time, pick-up location, destination, etc., to schedule the requested trip. Persons who are ADA Handy Ride Certi- fied may make reservations one to two days before the desired trip. If illness or a change in plans causes you to cancel a trip, please inform Handy Ride at least one hour before your scheduled pick-up time. For complete information regarding Handy Ride eligibility and service, contact FAX at 621- RIDE or visit the Handy Ride web site at www.fresno.gov/handy-ride Monday–Friday 5:30 am–9:30 pm 9:30 pm–12:00 am Saturday 6:30 am–7:00 pm 7:00 pm–12:00 am Sunday 6:30 am–7:00 pm Monday–Friday 8:00 am–5:00 pm Saturday/Sunday 8:00 am–5:00 pm HANDY RIDESERVICE HOURS HANDY RIDE RESERVATION HOURS Day Schedule Night Service (Limited Service Area) TITLE VI – Fresno Area Express is com- mitted to ensuring that no individual or organization is excluded from participation in, denied the benefits of its programs, activities or services, or subject to discrim- ination based on race, color, or national origin as afforded to them by Title VI of the Civil Rights Act of 1964, as amended. For more information please contact customer service at 621-RIDE. HOLIDAY SERVICE – Bus service is not provided on Thanksgiving Day or Christ- mas Day. Other legal holidays may have reduced service. Sunday schedule service is provided on New Year’s Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, the day after Thanks- giving and the day before Christmas. l Do not smoke aboard the bus l Do not eat or drink aboard the bus l Walk – do not run aboard the bus l Keep all bus aisles clear l Please keep seats clean and feet on the floor l Place all trash in trash cans l Use earphones for all personal audio devices (radios, phones, etc.) l Animals are not allowed except in approved animal carriers (service animals excepted) l No disruptive behavior or foul language l Do not cross in front of or behind the bus l Do not attempt to board a bus which has pulled away from the curb l Children must be supervised at all times l Remain seated (if seats are available) when the bus is in motion l Hazardous materials are not allowed on buses l Always load your bike into the rack closest to the bus l Passengers must exit the bus at theend of the line. RULES TO RIDE BY – EFFECTIVE AUGUST 14, 2023 EFFECTIVE AUGUST 14, 2023 / EFECTIVO A PARTIR DEL 14 DE AGOSTO, 2023 11 Bienvenido Abordo! (Cont.)!ACCESIBILIDAD – Todos los autobuses de FAX tienen rampas de entrada para facilitar el acce-so de los pasajeros que usan sillas de ruedas u otros dispositivos de movilidad, o tienen difi- cultades para subir escalones. Los Caminantes / Rodillos (andadores de 4 ruedas con asientos) deben doblarse y colocarse fuera de los pasillos. Los usuarios de los Cam- inantes o Rodillos siempre deben sentarse en un asiento de autobús regular. Los Cam- inantes o Rodillos no se pueden usar como asiento mientras viajan en el autobús y no se pueden asegurar en el área de aseguramiento de la las sillas de ruedas HANDY RIDE – Handy Ride es un serviciode FAX diseñado para transportar personas eleg- ibles con discapacidades. El servicio está dis- ponible para aquellas personas que, debido a la naturaleza de su discapacidad, no pueden utilizar el sistema de ruta fija de FAX. HandyRide esun servicio de banqueta a banqueta con transporte desde cualquier origen hastacualquierdestino dentro del área de servicio, para cualquier pro- pósito de viaje. Es un servicio de viaje compartido, lo que significa que pueda que tenga que com- partir su viaje con otros pasajeros. Debe estar en la banqueta a la hora acordada para que lo recojan. Las personas elegibles pueden programar una res- erva de viaje llamando a Handy Ride al 621-5770. Al llamar, indique primero su nombre.Luego, el personal de reservas hará una serie de preguntas sobre la hora de recogida deseada, el lugar de recogida, el destino, etc., para programar el viaje solicitado. Las personas que cuentan con la cer- tificación ADA Handy Ride pueden hacer reservas uno o dos días antes del viaje deseado. Si una enfermedad o un cambio en los planes hace que cancele un viaje, informe a Handy Ride por lo menos una hora antes de la hora programa- da de recogida. Para obtener información completa sobre la eleg- ibilidad y el servicio de Handy Ride, comuníquese con FAX al 621-RIDE o visite el sitio web de Handy Ride en: www.fresno.gov/handy-ride Lunes a viernes 5:30 am–9:30 pm 9:30 pm–12:00 am Sábado 6:30 am–7:00 pm 7:00 pm–12:00 am Domingo 6:30 am–7:00 pm Lunes a viernes 8:00 am–5:00 pm Sábado/Domingo 8:00 am–5:00 pm HORARIO DE SERVICIO DE HANDY RIDE HORARIO PARA HACER RESERVACIONES EN HANDY RIDE Horariodel día Servicio en la noche (área de servicio limitado) TíTULO VI – Fresno Area Express se compromete en azegurarse que ninguna persona u organización sea excluída de par- ticipar, se le nieguen los beneficios de sus programas, actividades o servicios, o que estén sujetos a la discriminación basada en la raza, el color o el origen nacional que les brinda el Título VI de la Ley de los Derechos Civiles de 1964, según enmendada. Para obtener más información, comuníquese con el servicio al cliente al 621-RIDE. SERVICIO DE DÍAS FERIADOS – El servicio de autobús no se proporciona el Día de Dar Gracias o el día de Navidad. Otros días feriados podrán tener servicio reducido. El servicio de horario de los do- mingos se brinda el día del Año Nuevo, el Día de Martin Luther King Jr., el Día de los Presidentes, el Día de los Caídos, el Día de la Independencia, el Día del Trabajo, el Día de los Veteranos, el día después de Acción de Dar Gracias y el día antes del día de Navidad. l No fume a bordo del autobús. l No coma ni beba abordo del autobús. l Camine, no corra, abordo del autobús l Mantenga despejados todos los pasillos del autobús l Mantenga los asientos limpios y los pies en el piso l Coloque toda la basura en botes de basura l Use audífonos para todos los dispositivos de audio personales (radios, teléfonos, etc.) l No se permiten animales, excepto en trans-portadores de animales aprobados (excep-to animales de servicio) l No se permite comportamiento disruptivo o lenguaje grosero l No cruce delante o detrás del autobús. l No intente abordar un autobús que se ha alejado de la banqueta l Los niños deben ser supervisados en todo momento l Permanezca sentado (si hay asientos disponibles) cuando el autobús está en movimiento l No se permiten materiales peligrosos en los autobuses. l Siempre cargue su bicicleta en el portabici-cletas más cercano al autobús l Los pasajeros deben bajarse del autobús al final de la línea. REGLAS DEL AUTOBÚS – 11EFECTIVO A PARTIR DEL 14 DE AGOSTO, 2023 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1284 Agenda Date:8/24/2023 Agenda #: 1.-W. REPORT TO THE CITY COUNCIL FROM:TYLER MAXWELL, Council President District 4 SUBJECT Approve the appointment of Rodney Branch (District 4 Resident) to the Fresno Regional Workforce Development Board for a term ending November 1, 2024. Attachment: Branch Appointment Package City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 8/24/2023 AP/MA 6-0 LC ABSENT APPROVED ON CONSENT City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1283 Agenda Date:8/24/2023 Agenda #: 1.-X. REPORT TO THE CITY COUNCIL FROM:NELSON ESPARZA, Councilmember District 7 SUBJECT Approve a First Amendment to the Vendor Agreement with Fresno Police & Neighborhood Watch for Outreach Services to Extend the Term of the Agreement and Increase Compensation in the Amount of $100,000. Attachment: First Amendment to Agreement City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 8/24/2023 AP/MA 6-0 LC ABSENT APPROVED ON CONSENT -1- FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (First Amendment) is hereby made to the Vendor Agreement entered into between the City of Fresno, a California municipal corporation (City) and Fresno Police & Neighborhood Watch, a California non-profit corporation (Vendor) effective August 24, 2023, (Agreement). RECITALS WHEREAS, City and Vendor entered into an Agreement on September 23, 2022 for outreach and marketing services for empowering and engaging neighborhoods in crime prevention (Project); and WHEREAS, City and County now desire to increase Vendor’s compensation and extend the term of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, it is mutually agreed that this First Amendment shall revise the Agreement as follows: 1. Vendor’s compensation shall increase by $100,000, for a total amount of $400,000. 2. Two equal payments of $50,000 shall be made to Fresno Police & Neighborhood Watch on September 15, 2023 and March 1, 2024. 3. The term of the Agreement shall be extended through August 31, 2024, subject to any earlier termination in accordance with the Agreement. 4. Except for the revisions herein, the Agreement remains in full force and effect. In the event of any conflict between the Agreement and this First Amendment, this First Amendment shall control. [Signatures follow on the next page.] -2- IN WITNESS WHEREOF, the parties have executed this First Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Nelson Esparza, District 7 Councilmember APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy FRESNO POLICE & NEIGHBORHOOD WATCH, 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) -1- FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (First Amendment) is hereby made to the Vendor Agreement entered into between the City of Fresno, a California municipal corporation (City) and Fresno Police & Neighborhood Watch, a California non-profit corporation (Vendor) effective August 24, 2023, (Agreement). RECITALS WHEREAS, City and Vendor entered into an Agreement on September 23, 2022 for outreach and marketing services for empowering and engaging neighborhoods in crime prevention (Project); and WHEREAS, City and County now desire to increase Vendor’s compensation and extend the term of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, it is mutually agreed that this First Amendment shall revise the Agreement as follows: 1. Vendor’s compensation shall increase by $100,000, for a total amount of $400,000. 2. Payments to Vendor shall be made on September 15, 2023 and March 1, 2024, each payment shall total $50,000. 3. The term of the Agreement shall be extended through August 31, 2024, subject to any earlier termination in accordance with the Agreement. 4. Except for the revisions herein, the Agreement remains in full force and effect. In the event of any conflict between the Agreement and this First Amendment, this First Amendment shall control. [Signatures follow on the next page.] -2- IN WITNESS WHEREOF, the parties have executed this First Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Paco Balderrama, Police Chief APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy FRESNO POLICE & NEIGHBORHOOD WATCH, 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) City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1227 Agenda Date:8/24/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Appearance by Maria Alvarez Garcia to discuss Demand accountability for animal abuse and neglect and stop back yard breeders! (Resident of District 1) RECOMMENDATION [If more than one recommendation pluralize] EXECUTIVE SUMMARY [Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and concise so anyone understands action being requested] BACKGROUND [Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of funding; appropriate regulation summary information] ENVIRONMENTAL FINDINGS [Include CEQA findings or state N/A] LOCAL PREFERENCE [N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why] FISCAL IMPACT [Funding source, clarify whether General Fund is or is not impacted; appropriation authority already approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding from other agencies; future obligations] Attachment: [If more than one, pluralize] City of Fresno Printed on 8/18/2023Page 1 of 1 powered by Legistar™ 8/24/2023 WAS CALLED NO SHOW 1 From:Maria Alvarez Garcia Sent:Friday, August 4, 2023 10:36 AM To:Clerk Agendas Subject:Request to Speak Before the Fresno City Council Follow Up Flag:Follow up Flag Status:Flagged Name: Maria Alvarez Garcia Address Fresno, California 93722 District District 1 Phone Email Date You Wish to Speak Before the City Council August 10, 2023 Topic/Subject Demand accountability for animal abuse and neglect and stop back yard breeders ! IP Address 24.10.98.13 User‐Agent (Browser/OS) Apple Safari 16.6 / OS X Referrer https://www.fresno.gov/cityclerk/ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1264 Agenda Date:8/24/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Appearance by Jose Velasquez to discuss Code enforcement negligence/ adjacent field to my home causing damage to my home due to fire (Resident of District 1) RECOMMENDATION [If more than one recommendation pluralize] EXECUTIVE SUMMARY [Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and concise so anyone understands action being requested] BACKGROUND [Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of funding; appropriate regulation summary information] ENVIRONMENTAL FINDINGS [Include CEQA findings or state N/A] LOCAL PREFERENCE [N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why] FISCAL IMPACT [Funding source, clarify whether General Fund is or is not impacted; appropriation authority already approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding from other agencies; future obligations] Attachment: [If more than one, pluralize] City of Fresno Printed on 8/18/2023Page 1 of 1 powered by Legistar™ 8/24/2023 WAS CALLED NO SHOW From:Jose Velasquez To:Clerk Agendas Subject:Request to Speak Before the Fresno City Council Date:Wednesday, August 9, 2023 12:44:33 PM Name:Jose Velasquez Address District District 1 Phone Email Date You Wish to Speak Before the City Council August 11, 2023 Topic/Subject Code enforcement negligence/ adjacent field to my home causing damage to my home due to fire. IP Address 104.53.112.229 User-Agent (Browser/OS)Google Chrome 115.0.0.0 / Android Referrer https://www.fresno.gov/cityclerk/ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1233 Agenda Date:8/24/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:PHILLIP SIEGRIST, Planning Manager Planning and Development Department BY:JOSE VALENZUELA, Supervising Planner Planning and Development Department SUBJECT Hearing to consider Development Permit Application No. P22-01346 and related Environmental Assessment No. P22- 01346 pertaining to ±0.69 acres of property located on the northwest corner of East McKinley and South Fine Avenues (Council District 4) - Planning & Development Department. 1.CONSIDER Environmental Assessment (EA) No. P21-01346, dated December 8, 2022, a determination that the proposed project is categorically exempt under Section 15332/Class 32 (In-Fill Development Project) of the State of California Environmental Quality Act (CEQA) Guidelines; and, 2.DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department Director to approve Development Permit Application No. P22-01346, authorizing the construction of an automated car wash facility subject to compliance with the Conditions of Approval dated December 8, 2022. RECOMMENDATION Staff recommends that the City Council take the following actions: 1.CONSIDER Environmental Assessment (EA) No. P21-01346, dated December 8, 2022, a determination that the proposed project is categorically exempt under Section 15332/Class 32 (In-Fill Development Project) of the State of California Environmental Quality Act (CEQA) Guidelines; and, 2.DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department Director to approve Development Permit Application No. P22- 01346, authorizing the construction of an automated car wash facility subject to compliance with the Conditions of Approval dated December 8, 2022. EXECUTIVE SUMMARY Development Permit Application No. P22-01346 was filed by Orlando Ramirez of Ramirez Planning, on behalf of Mohamad Assad and pertains to ±0.69 acres of vacant property located on the northwest corner of East McKinley and North Fine Avenues. Development Permit Application No. P22-01346 proposes to construct a car wash facility comprised of a 4,400 square-foot building, 16 self-service vacuum stalls, one solid-waste enclosure and new landscaping. The subject property is zoned IL (Light Industrial). The project was approved by the Director on December 8, 2022, and subsequently considered by the Planning Commission on March City of Fresno Printed on 8/28/2023Page 1 of 12 powered by Legistar™ 8/24/2023 HELD TM/MA 6-0 LC ABSENT MOTION TO DENY THE APPLICATION APPROVED (CAR WASH NOT MOVING FORWARD) File #:ID 23-1233 Agenda Date:8/24/2023 Agenda #: Director on December 8, 2022, and subsequently considered by the Planning Commission on March 15, 2023 and May 3, 2022 based on an appeal received from the Councilmember Maxwell (Exhibit N - Appeal of Director Action). The Planning Commission considered the item as presented by staff in accordance with Fresno Municipal Code (FMC) Section 15-5017. Various members of the public spoke on the project during the March 15, 2023 and May 5, 2023, hearings. After a complete hearing on May 5, 2023, the Planning Commission voted to deny the appeal and uphold the Director’s decision to approve Development Permit Application No. P22-01346, four (4) votes to two (2), with one (1) member absent (Exhibit T - Planning Commission Resolution). An appeal of the environmental determination was received on May 11, 2023 in accordance with FMC 15-5005-I. In addition, an appeal of the Planning Commission’s action was received from Councilmember Maxwell (District 4) on May 12, 2023. Therefore, the City Council is considering this project pursuant to FMC Sections 15-501 and 15-5005-I7, which requires a City Council Hearing and Action to consider the appeals. Staff recommends City Council uphold the Planning Commission and Planning and Development Director’s approvals based on evidence detailed in this staff report and that specific findings made by the Director in approving the Development Permit and associated environmental assessment in accordance with Section 15-5206of the FMC and California Code of Regulation Sections 15300.2 and 15332 remain valid. BACKGROUND Development Permit Application No. P22-01346 was filed by Orlando Ramirez of Ramirez Planning, on behalf of Mohamad Assad and pertains to ±0.69 acres of vacant property located on the northwest corner of East McKinley and North Fine Avenues. Project Description Development Permit Application No. P22-01346 was filed for purposes of facilitating physical development of the site and to establish a permitted use (Automobile/Vehicle Washing) on the site. The project proposes construction of a ±4,400 square-foot car wash building with a 120-foot drive- through tunnel and 16 vehicle-vacuum stations. The overall development will also include the installation of on and off-site improvements including but not limited to curbs, gutters, sidewalks, and landscaping. In addition, the development will include one (1) modified drive approach at North Fine Avenue and the removal of several parking spaces from within the existing shared parking lot. For informational purposes, the Fresno General Plan designates East McKinley Avenue as an Arterial (4- lanes) street and North Fine Avenue as a Local Street. The building is placed in an east-west orientation, where the car wash openings face the adjacent parking lot and public street. A 20-foot landscape setback and tree wells will be provided on East McKinley and North Fine Avenues. The placement of the building is as close to the McKinley and Fine corner as permitted by the Fresno Municipal Code. The project will require dedications and/or acquisitions for public street rights-of-way and utility easements as well as incorporation of existing easements for construction and/or retention of public facilities and infrastructure in accordance with all applicable standards, specifications and policies of the City of Fresno and interested agencies in order to facilitate the proposed development of theCity of Fresno Printed on 8/28/2023Page 2 of 12 powered by Legistar™ File #:ID 23-1233 Agenda Date:8/24/2023 Agenda #: the City of Fresno and interested agencies in order to facilitate the proposed development of the subject property. Land Use and Zoning The subject property is located within the Fresno General Plan and McLane Community Plan areas and is designated for Light Industrial planned land uses which is consistent with the properties underlying zone district classification of IL (Light Industrial).Pursuant to Table 15-1302 (Land Use Regulations -Employment Districts)of the Fresno Municipal Code (FMC),the use of Automobile Vehicle Washing,is permitted in the IL zone district subject to an approved development permit application and additional regulations for special uses pursuant to FMC Section 15-2711 (Automobile/Vehicle Washing). Subject Site and Surrounding Property Information As previously referenced,the subject property is planned and zoned for Light Industrial uses. Surrounding properties to the north,east,and west are also planned and zoned for light industrial uses while properties to the south (Across East McKinley Avenue)are planned and zoned for Medium Low Density Single-Family Residential.Properties further west are planned and zoned for Community Commercial and Public Facility. The project site is currently underdeveloped and is comprised of a vacant,undeveloped building pad and an existing shared parking lot.Properties immediately to the north,east and west have been substantially developed with offices and small-scale commercial developments comprised offices (Rivendell Community Day Care,Prestige Life Insurance,and Freedom Equity Group)and drive- through restaurants (KFC &Triangle Burger).South of the subject project (across East McKinley Avenue)consists of an irrigation canal,railroad track and single-family residences Additional surrounding property information including the existing and planned land use designations,as well as the existing zoning districts surrounding the subject property can be found in Exhibits A & B. ANALYSIS Traffic & Circulation The Project site has two (2)existing street frontages,North Fine Avenue to the east and East McKinley Avenue to south.The Fresno General Plan Circulation Element designates East McKinley Avenue as a 4-lane arterial street and North Fine Avenue as a 2-lane local street.At present,no fixed -route transit service serves the project site.The project will include frontage improvements (i.e., landscape, gutter, and sidewalk) along both roadways. Vehicles will enter and exit the site primarily from the North Fine Avenue drive approach (to be widened).Vehicles will have secondary access via the adjacent property to the west which has a drive approach along East McKinley Avenue.Employees and guests can enter and exit the site from either of the two previously mentioned drive approaches. Cross access and internal circulation are facilitated by Document No.108566 recorded December 14, 1981 in the Fresno County Official Records. Pursuant to Figure MT-4 of the Fresno General Plan,the proposed project is located within Traffic Impact Zone II (TIZ-II),which represents the areas of the City currently built up and wanting toCity of Fresno Printed on 8/28/2023Page 3 of 12 powered by Legistar™ File #:ID 23-1233 Agenda Date:8/24/2023 Agenda #: Impact Zone II (TIZ-II),which represents the areas of the City currently built up and wanting to encourage infill development.The threshold established by the Fresno General Plan in TIZ II is a peak hour Level of Service (LOS)standard of E or better for all intersections and roadway segments. Furthermore,a TIS would be required for all development projected to generate 200 or more peak hour new vehicle trips. Trip generation rates for the proposed project were gathered through analysis of the 10th Edition Trip Generation Manual published by the Institute of Transportation engineers (ITE).The projected Trip Generation based on operational data for the proposed use consists of 300-400 total daily passenger car trips.According to the Trip Gen Manual the highest peak PM hour trip generation is 62 trips.As no trips are expected to exceed 200 peak hour trips,and the project does not include a General Plan Amendment or Rezone, a Traffic Impact Study was not required for this application. 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)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.These requirements are outlined within the memorandum from the City Traffic Engineer dated September 13,2022,which are included in the Conditions of Approval dated December 8, 2022 (Exhibit F - Conditions of Approval). 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 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. The City of Fresno VMT Thresholds Section 3.0 regarding Project Screening discusses a variety of projects that may be screened out of a VMT analysis including specific development and transportation projects.For development projects,conditions may exist that would presume that a development project has a less than significant impact.These may be size,location,proximity to transit,or trip ‐ making potential.For transportation projects,the primary attribute to consider withCity of Fresno Printed on 8/28/2023Page 4 of 12 powered by Legistar™ File #:ID 23-1233 Agenda Date:8/24/2023 Agenda #: transit,or trip ‐ making potential.For transportation projects,the primary attribute to consider with transportation projects is the potential to increase vehicle travel,sometimes referred to as “induced travel.” Per the adopted guidelines,the proposed project does not exceed the threshold of 500 Active Daily Trips (ADT),as it is projected to generate 300-400 ADT.The proposed project is eligible to screen out of additional VMT analysis and would result in a less than significant VMT impact and is consistent with CEQA Guidelines Section 15064.3(b). Parking The proposed project is subject to the parking requirements of FMC Table 15-2409 (Required On- Site Parking Spaces)and any additional regulations listed in FMC Section 15-2711 (Automobile/Vehicle Washing).FMC Table 15-2409 requires automobile/vehicle washing (automated) uses to provide one (1)vehicular parking space per 250 square feet of any indoor sales,office,or lounge areas.No parking is required per FMC 15-2711 (Automotive/Vehicle Washing).Given that the proposed car wash facility does not propose any indoor sales,lounge areas and the office space is less than the 250 square feet requirement.The proposed project is required to provide one (1) parking space. As previously mentioned,the project site is currently underdeveloped and is comprised of a vacant, undeveloped building pad and an existing shared parking lot.In order to accommodate the proposed car wash facility,approximately 42 existing parking spaces will be removed from the site.Even with the removal of existing parking spaces,the project meets the minimum parking requirements.It is also noted that the project approval has been conditioned to obtain property owner authorization prior to removing parking spaces from the adjoining parcel or reconfigure the site plan so as parking spaces are not removed from the adjoining parcel. The proposed car wash facility is to be located on a 0.69-acre parcel and is identified as Assessor’s Parcel Number (APN No.)494-291-05 or as Parcel B of Parcel Map No.81-27.The adjacent property,which makes up the larger portion of the Airport Village,is approximately 1.57 acres and is identified as APN: 494-291-10 or as Parcel A of Parcel Map No. 81-27. Parcel A has an existing building which houses three tenants or separate uses.A recorded cross access agreement between the project site (APN:494-291-05/Parcel B)and the adjacent property (APN:494-291-10/Parcel A)has been in effect since 1981 and attached as Exhibit K (Cross Access Document No.108566).The agreement allows for shared parking,vehicular and pedestrian access (ingress and egress)between the two (2)parcels which were created under the referenced Parcel Map No. 81-27 (Exhibit J). It is noted that the shared parking agreement does not require the subject property (APN:494-291- 05,Parcel B of PM No.81-27)to provide parking for uses on the adjoining property (APN:494-291- 10, Parcel A of PM No. 81-27). The cross access agreement is set to expire in 2031. As previously mentioned,the proposed car wash development conforms with the parking requirements of the FMC and further conforms to the recorded cross access agreement. City of Fresno Printed on 8/28/2023Page 5 of 12 powered by Legistar™ File #:ID 23-1233 Agenda Date:8/24/2023 Agenda #: Noise A recent noise assessment was prepared which modeled the worst-case stationary noise levels for the proposed use (all equipment on at the same time).Sound level data for the various stationary on- site sources (vacuums,vacuum turbine motors and carwash blowers)were all incorporated into the model’s inputs.The noise assessment (Exhibit H)provides further details on the model’s methodology,assumptions,and results on noise levels relating to the proposed project.According to FMC 15-2506 D,new or expanded development of major noise-generating stationary uses shall not be permitted if noise levels impinging on existing adjacent noise-sensitive uses would exceed the standards of Table 15-2506-D.The referenced table establishes a maximum exterior sound level of 70 dBA,for daytime (7 a.m.-10 p.m.)and 60 dBA for nighttime (10 p.m.-7 a.m.).The noise exposure standard shall be applied at the property line of the receiving land use.The noise level contours in the attached assessment illustrate that noise levels at the edge of the adjacent building are approximately at 55 -60 dBA and 60-65 dBA at the shared property line which is below the 70 dBA maximum level threshold. Previous Land Use & Zoning The Fresno City Council passed a citywide rezone on February 4,2016,and became effective on March 7,2016.Prior to the citywide rezoning,the subject property was zoned M-1-P (Industrial Park Manufacturing District)and was rezoned to an equivalent land use of IL (Light Industrial).The M-1-P was intended to provide appropriate physical environment for the establishment of industry,and light manufacturing and services which include manufacturing,assembling,fabricating,processing, compounding and sale of materials that are wholly or partially manufactured or processed.An automated car wash use was not identified as a prohibited use under the previous zone district. Landscaping and Screening As previously mentioned,a 20-foot landscape setback and tree wells will be provided along East McKinley and North Fine Avenues. Shrubs and small trees are proposed between the 25-foot drive-aisle and the vacuum stalls which are situated to the north of the project parcel,providing some internal screening from the adjacent office spaces to the carwash. Per FMC 15-2711-C,vehicle lanes for a car wash shall be screened from public streets to a height of 30 inches,which can be achieved by walls and/or berms with supplemental plant material.As such, the proposed project has been conditioned to provide drive-through lane screening,situated along the west,south,and east areas of the project parcel.The drive-through lane includes two (2)pay aisles and a total storage (que) capacity of eight (8) vehicles. Given the conditions of approval,Development Permit Application No.P22-01346 will:meet all provisions of the FMC,including but not limited to setbacks,transition standards,parking, landscaping,screening,buffers,and connectivity;comply with all applicable design guidelines and development standards for commercial uses in the IL (Light Industrial);comply with additional regulations for specific uses including but not limited to FMC Sections 15-2711 (Automobile/Vehicle Washing). City of Fresno Printed on 8/28/2023Page 6 of 12 powered by Legistar™ File #:ID 23-1233 Agenda Date:8/24/2023 Agenda #: Public Services Sewer The nearest sanitary sewer main to serve the proposed project is a 10-inch sewer main located in North Fine Avenue and a 27-inch sewer main located in East McKinley Avenue.The applicant will be required to install sewer house branches to the property,abandon any existing on-site private septic systems,and pay applicable sewer connection charges and fees.The requirements listed above,and additional requirements have been listed in the Department of Public Utilities memo dated August 19, 2022. Water Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memo dated August 19, 2022. Fresno Metropolitan Flood Control District The subject property is located in the Fresno Metropolitan Flood Control District’s (FMFCD)Drainage Area “V.”The FMFCD has indicated that the proposed development is not located within a flood prone area.Permanent drainage facility service is available,and the developer shall be required to demonstrate to the satisfaction of the City that runoff can be safely conveyed to the Flood Control Master Plan inlets.These as well as additional requirements are listed in the memorandum from FMFCD dated August 26, 2022. 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 installation of public fire hydrants and the provision of adequate fire apparatus access to the buildings on site. Review for compliance with fire and life safety requirements for the interior of proposed buildings 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. Other Agencies All comments received from the applicable agencies have been incorporated into the conditions of approval for Development Permit Application No.P22-01346.Given the conditions of approval,the project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated December 8, 2022. LAND USE PLANS AND POLICIES Fresno General Plan City of Fresno Printed on 8/28/2023Page 7 of 12 powered by Legistar™ File #:ID 23-1233 Agenda Date:8/24/2023 Agenda #: As demonstrated above, the subject property is planned and zoned for Light Industrial uses. According to the Fresno General Plan,the Light Industrial planned land use designation is intended to provide areas,as identified by the General Plan,for a 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.Light Industrial areas may serve as buffers between Heavy Industrial Districts and other land uses and otherwise are generally located in areas with good transportation access, such as along railroads and freeways. The Fresno General Plan provides goals,objectives,and policies to guide development.As proposed, the project will be consistent with the following Fresno General Plan goals: ·Increase opportunity, economic development, business, and job creation. ·Provide for a diversity of districts,neighborhoods,housing types (including affordable housing),residential densities,job opportunities,recreation,open space,and educational venues that appeal to a broad range of people throughout the City. ·Promote a city of healthy communities and improve quality of life in established neighborhoods. ·Emphasize increased land use intensity and mixed-use development at densities supportive of greater use of transit in Fresno. 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 Land Use &Design and Noise and Safety elements of the Fresno General Plan: ·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. ·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. ·Objective NS-1:Protect the citizens of the city from the harmful and annoying effects of exposure to excessive noise. ·Policy LU-1-a: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. ·Policy LU-6-d Plan for neighborhood mixed use and community commercial uses to implement the Urban Form concepts of this Plan,promote the stability and identity of neighborhoods and community shopping areas,and allow efficient access without compromising the operational effectiveness of the street system. o Neighborhoods will be anchored by community commercial centers with a mix of uses that meet City of Fresno Printed on 8/28/2023Page 8 of 12 powered by Legistar™ File #:ID 23-1233 Agenda Date:8/24/2023 Agenda #: o Neighborhoods will be anchored by community commercial centers with a mix of uses that meet the area’s needs and create a sense of place; and o Community commercial centers will be located within Activity Centers. ·Policy NS1-a: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. *Although this policy identifies a 60 dBA for sensitive uses,the Planning and Development Department is guided by using the standards listed in FMC Table 15-2706-D. McLane Community Plan The subject property is designated for Light Industrial planned land uses by the McLane Community Plan.Upon reviewing the policies contained in the McLane Community Plan,staff has determined that 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 McLane Community Plan, pursuant to Section 15-104-D-4 of the FMC, the FMC shall control. This project supports the above-mentioned policies in that the intensity of the proposed development conforms to the applicable land use designation of the Fresno General Plan and the McLane Community Plan. In conclusion,the proposed project is consistent with many or all goals and policies of the Fresno General Plan and McLane Community Plan.The proposed project promotes reinvestment by proposing a quality development near existing and commercial neighborhoods and the opportunity to continue development in the future and protects property values by constructing a compatible infill development on a currently underdeveloped site. Public Notice and Input Council District 4 Project Review Committee The Council District 4 Project Review Committee is not an active committee.Therefore,no recommendation was provided. Notice of Intent to Take Action (Project Review) In accordance with FMC Sections 15-5205,a public notice is not required.However,prior to approval of this project,three (3)letters of protest were received which cited noise,traffic,lack of screening and visual impacts,crime,and economic impacts induced by the proposed car wash use.These protest letters are attached as Exhibit L. Notice of Action City of Fresno Printed on 8/28/2023Page 9 of 12 powered by Legistar™ File #:ID 23-1233 Agenda Date:8/24/2023 Agenda #: On December 8,2022,the Planning and Development Department mailed the Notice of Action ( Exhibit M)to individuals who filed a written request for such notification pursuant to FMC Section 15- 5009. Appeal of Director’s Decision On December 23,2022,a timely appeal was submitted to the Planning and Development Department by the District 4 Councilmember’s Office (Exhibit N).The letter expressed concerns with noise and traffic impacts on the adjacent daycare use and echoed the viewpoints within the protest letters (Exhibit L). 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 March 3,2022 (Exhibit O).Staff received 10 letters from members of the public opposing the project (Exhibit P). Fresno City Planning Commission Action On March 3,2023,the Planning Commission considered the item as presented by staff,followed by a brief presentation by the applicant.Various members of the public spoke in opposition to the project during the hearing.After a complete hearing,the Planning Commission voted to continue the appeal to May 3,2023,to allow for further dialog between the applicant,adjacent property owner and tenants.After a summary of the outreach and further testimony by the property owners and tenants, at the May 3,2023,the Planning Commission voted to approve the project four (4)votes to two (2), with one Commissioner absent. The Planning Commission resolution is attached as Exhibit T. Appeal of Planning Commission Action An appeal of the Planning Commission’s action to deny the appeal and uphold the approval was received from Councilmember Maxwell on May 12,2023 (Exhibit U).In addition,an appeal to the Environmental Assessment No.P21-01346 was received by the adjacent property owner on May 11, 2023 in accordance with FMC 15-5005-I (Exhibit V).Therefore,the project was scheduled for a public hearing of the City Council pursuant to FMC Section 15-5017,which requires a City Council Hearing and Action to consider the appeal. Notice of City Council Hearing On August 11,2023,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 W for Notice of City Council Hearing. ENVIRONMENTAL FINDINGS The CEQA (Public Resource Code Section 21000 et seq.)permits a public agency to determine whether a project is exempt from CEQA.A determination of a Categorical Exemption from Section 15332/Class 32 (Infill Development)was made,and Environmental Assessment No.P22-01346,City of Fresno Printed on 8/28/2023Page 10 of 12 powered by Legistar™ File #:ID 23-1233 Agenda Date:8/24/2023 Agenda #: 15332/Class 32 (Infill Development)was made,and Environmental Assessment No.P22-01346, dated December 8, 2022, was prepared for this project, which is attached as Exhibit G. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the application,staff concludes that the required findings contained within Section 15-5206 et seq.of the Fresno Municipal Code can be made.These findings are attached as Exhibit I to this report. If the City Council decides to uphold the appeal and deny the request to develop the proposed industrial use,the council must find that there is insufficient evidence in the administrative record that the required findings by Section 15-5206 cannot be made and amend them accordingly. 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 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 and the McLane Community Plan;its compatibility with surrounding existing or proposed uses;and its avoidance or mitigation of potentially significant adverse environmental impacts.These factors have been evaluated as described above and by the accompanying environmental assessment and concludes that the required findings contained within Section 15-5206 et seq.of the FMC can be made.Upon consideration of this evaluation,it can be concluded that the proposed conditional use permit application is appropriate for the project site. Attachments Exhibit A -Vicinity Map & Aerial Photograph Exhibit B -Planned Land Use & Zoning Map Exhibit C -Project Information Tables Exhibit D -Operational Statement Exhibit E -Exhibits (Site Plan, Elevations, Floor Plans, & Landscape Plan) Exhibit F -Conditions of Approval dated 12/8/2022] Exhibit G -Environmental Assessment dated 12/8/2022] Exhibit H -Noise Assessment Exhibit I -Fresno Municipal Code Findings Exhibit J -Parcel Map No. 81-27 City of Fresno Printed on 8/28/2023Page 11 of 12 powered by Legistar™ File #:ID 23-1233 Agenda Date:8/24/2023 Agenda #: Exhibit K -Cross Access Document 108566 dated December 14, 1981 Exhibit L -Protest Letters Prior to Director Action Exhibit M -Notice of Director Action Exhibit N -Appeal of Director Action Exhibit O -PC Public Hearing Notice & Noticing Map Exhibit P -Opposition Letters from 3/10/2023 - 5/3/2023 Exhibit Q -Letter from the Applicant dated 3/14/2023 Exhibit R -Letter of Support dated 5/1/2023 Exhibit S -Outreach Summary by Applicant & Adjacent Property Owner Exhibit T -Planning Commission Resolution No. 13799 Exhibit U -Appeal of Planning Commission Action to City Council Exhibit V -Appeal of CEQA Determination Exhibit W -City Council Public Hearing Notice & Map Exhibit X -City Council PowerPoint Presentation Exhibit Y- Supplemental Revised Operational Statement City of Fresno Printed on 8/28/2023Page 12 of 12 powered by Legistar™ Exhibit A – Vicinity Map & Aerial STONEMARKHOMES APARTMENTS CHALETGARDENS VILLACAPRI APARTMENTS MORNINGSIDE APARTMENTS SierraCharterE Norma l A ve E U n i vers i ty A v e E We ldon Ave N Fine AveN Laureen AveN WineryAveMi ll No.36 E Carmen Ave E H o m e A v e E O s lin Ave E Wea ther make r A ve N FineAveN Garden Ave E M c K i nley A v e ATCHISONTOPEKAANDSANTAFE VALLEYYELLOWPAGES GATEWAYBUSINESS COMPLEX E U n iv er s ity AveN Fine AveN Gateway BlvdMill N o . 3 6 E Carmen A ve E Home Ave E Oslin Ave NAdler AveNFineAveNWillowAveE McKinley Ave ATCHISONTOPEKAANDSANTAFE Exhibit A - Vicinity Map 1/17/2023, 1:07:22 PM 0 0.06 0.120.03 mi 0 0.1 0.20.05 km 1:4,514 ArcGIS Web AppBuilder N Fine Ave E McKinley Ave E Carmen Ave E McKinley Ave E Carmen Ave N Fine AveExhibit B - Aerial Map Copyright nearmap 2015 1/17/2023, 1:19:46 PM 0 0.03 0.060.01 mi 0 0.04 0.090.02 km 1:2,257 ArcGIS Web AppBuilder Copyright nearmap 2015 | Exhibit B – Planned Land Use & Zoning Map STONEMARK HOMES APARTMENTS CHALET GARDENS VILLA CAPRI APARTMENTS MORNINGSIDE APARTMENTS Sierra CharterENormalAve E U n i v e r s i t y A v e EWe l d o n A v e NFineAveNLaureenAveNWineryAveM i l l N o .3 6 E C a r m e n A v e E Ho m e Ave E Oslin A v e E Weat h e rm aker A ve NFineAveNGardenAveE M c K i n l e y A v e ATCHISON TOPEKA AND SANTA FE VALLEY YELLOW PAGES GATEWAY BUSINESS COMPLEX E U n i v e r s i t y A v eNFineAve NGatewayBlvdM i l l N o .3 6 E Carmen A v e E Home Ave E O s l i n A v e NAdlerAveNFineAveNWillowAveE M c K i n l e y A v e ATCHISON TOPEKA AND SANTA FE Residential - Medium Low Density Residential - Medium Low Density Residential - Medium Low Density Open Space Residential - Medium Low Density Residential - Medium Low Density Residential - Medium Low Density Residential - Medium Low Density Residential - Medium Low Density Residential - Medium Low Density Residential - Medium Density Residential - Urban Neighborhood Employment - Light Industrial Residential - Medium High Density Public Facility Public Facility Residential - Medium High Density Employment - Light Industrial Employment - Light Industrial Employment - Light Industrial Planned Land Use Map Override 1 Planned Land Use Medium Low Density (3.5-6 D.U./acre) Medium Density (5.0-12 D.U./acre) Medium High Density (12-16 D.U./acre) Urban Neighborhood (16-30 D.U./acre) Community Light Industrial Open Space Public/Quasi-public Facility PG & E Substation 1/17/2023, 4:11:27 PM 0 0.06 0.120.03 mi 0 0.1 0.20.05 km 1:4,514 ArcGIS Web AppBuilder STONEMARKHOMES APARTMENTS CHALETGARDENS VILLACAPRI APARTMENTS MORNINGSIDE APARTMENTS SierraCharterE Norm a l A ve E U n i ver s i ty A ve EWe l do n Av e N Fine AveN LaureenAveN WineryAveMi l l No . 36 E Carmen Ave E H o m e A ve E O s lin Av e E Weath e rm aker A ve N FineAveN Garden Ave E M c K i nley A ve ATCHISON TOPEKAANDSANTA FE VALLEYYELLOWPAGES GATEWAYBUSINESS COMPLEX E U n iv er s i ty AveN Fine AveN Gateway BlvdMill N o . 36 E Carmen A ve E Home Ave E Oslin Ave NAdler AveNFineAveNWillowAveE McKinley Ave ATCHISON TOPEKAANDSANTA FE Zoning Map Override 1 Zoning RS-4 - Residential Single-Family, Medium Low Density RS-5 - Residential Single-Family, Medium Density RM-1 - Residential Multi-Family, Medium High Density 1/17/2023, 4:12:46 PM 0 0.06 0.120.03 mi 0 0.1 0.20.05 km 1:4,514 ArcGIS Web AppBuilder Exhibit C – Project Information Tables PROJECT INFORMATION TABLE PROJECT SUMMARY PROJECT Development Permit Application No. P22-01346 was filed to facilitate the site's physical development to construct a 4,400 square-foot mechanical carwash building inclusive of a 120-foot washing tunnel. The project will include 16 self-service vehicle- vacuum stalls, one new solid-waste trash enclosure, and new landscaping. APPLICANT Orlando Ramirez Ramirez Development P.O. Box 1095 Clovis, CA 93613 LOCATION 4941 East McKinley Avenue (APNs: 494-291-05) (Council District 4, Councilmember Maxwell) SITE SIZE ±0.69 acres LAND USE Existing: Employment-Light Industrial (vacant parcel adjacent to an office development) Proposed: No Change ZONING IL (Light Industrial) HOUSING ELEMENT SITE The subject property is not designated as a Housing Element site. PLAN DESIGNATION AND CONSISTENCY Development Permit Application No. P22-01346 is proposed in accordance with the Employment Light Industrial planned land use designation identified in the McLane Community Plan and Fresno General Plan. ENVIRONMENTAL FINDING Categorical Exemption Class 32 for Environmental Assessment No. P22-01346 dated December 8, 2022. HISTORIC INFORMATION N/A PLAN COMMITTEE RECOMMENDATION The District 4 Project Review Committee is inactive and did not hear the proposed development application. STAFF RECOMMENDATION Approval of Development Permit Application No. P22-01346 Development Permit Application No. P22-01346 March 15, 2023 Page 2 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Employment Light Industrial IL (Light Industrial) Offices South Single-Family Residential, Medium Low Density RS-4 (Residential Single-Family, Medium Low Density) Irrigation Canal & Single Family Residences East Employment Light Industrial IL (Light Industrial) Offices West Commercial Community CC (Community Commercial) Fast Food Restaurant Exhibit D – Operational Statement OPERATIONAL STATEMENT December 28, 2021 APPLICANT: Moe Assad PROPERTY OWNER: Moe Assad REPRESENTATIVE: Orlando Ramirez PROJECT LOCATION: NWC of E. McKinley and N. Fine Avenues (APN# 494-291-05). REQUEST The applicant is requesting the development of a drive-through carwash facility on property located at NWC of E. McKinley and N. Fine Avenues. SITE LAYOUT The Project site is located on an approximate .7-acre parcel that is situated directly on the north side of McKinley west of Fine Avenue in front of an existing large-scale industrial office development. The proposed mechanical carwash facility has an overall building area of approximately 5,962 s.f. that is inclusive of a 95-foot-long washing tunnel and various office, storage, vacuum canopy, and staff areas. The site also includes self-service vehicle vacuum areas with associated parking. The Project is accessible from Fine Avenue on the east and the existing approach on the west. PARKING Development of the site will provide 16 vacuum/parking stalls. The stalls will be attached to vacuum stations and can also be utilized for employee parking. When completed, the adjacent development and the proposed project will maintain 49 stalls, which exceeds required ratios. HOURS OF OPERATIONS The facility will operate Monday through Sunday from 7am to 9pm. EMPLOYEES It is estimated that the facility would require up to 15-20 employees in varying shifts with approximately 3 employees at any given time. LIGHTING Parking-lot and exterior lighting will be provided as necessary for public safety purposes and will meet the Lighting Standards provided by the City of Fresno. Lighting fixtures will be architecturally integrated with the character of the main structure and surrounding area. Site lighting will also be appropriately shielded including cut-off lenses that avoid light spillage and glare onto any existing commercial/residential properties and the public right-of-way. Overall, development of the site and any required on-site lighting will comply with City of Fresno Municipal Code. NOISE ABATEMENT The drive-through carwash facility is expected to generate noise from its operations. The primary sources of noise generated would likely be from the washing and drying systems of the facility. Additional non- significant noise sources can be attributed to the vacuum system area. Although noise generation is inevitable from a facility such as this, with its location and proximity of the facility to existing development, the expected noise levels would not be negatively impactful to the public. The Project site is located within commercial and industrial designated properties with development that is compatible with the proposed facility. Additionally, the facility is directly adjacent to McKinley Avenue, which is identified as a primary source of existing noise in the City’s General Plan. The City’s general plan also identifies noise-sensitive land uses including the neighboring airport, industrial uses, railroad, commercial, etc. which are not adversely affected by the Project. Moreover, the site will be designed in accordance to the City’s development standards inclusive of building setbacks and landscaping to provide additional barriers/ separation. The Project is located on the northwest corner of McKinley and Fine Avenues and is bound by commercial and industrial developed properties on three sides (north, west, and east) and McKinley Avenue (4-lanes), an approximate 100-foot canal, and railroad tracks on the south. The Project is generally located in the center of a greater commercial and Industrial corridor that runs from Chestnut Avenue on the west to Peach Avenue on the east. The nearest residential property is located to the south approximately 255 feet away from the Project site. The building’s orientation was carefully considered so that the wash system’s air blowers would orient away from the north (Industrial office development), minimizing any potential noise concerns from area tenants. Lastly, mechanical carwashes create a decibel noise rating of 78. 5 and 78.5 respectively, at a distance of 40 feet. The proposed additional distance proposed from the rear and the over 100-foot plus setback from the Industrial Office development on the north, further minimizes and/or negates any noise concerns. Aggregately, these factors are significant in considering the project exempt from any potential noise studies and analysis. Based on these factors, the Project would not cause substantial noise impacts, therefore exempting the Project subject to CEQA Code Section 15332. TRAFFIC Carwash facilities experience the most traffic on Saturdays and peak periods can vary between 10:00 AM to 1:00 PM and 3:00 PM to 5:00 PM, respectively. Generally, service demand rates at these specific carwash facilities are 20 percent higher on Saturdays than on a typical weekday. Peak hour demand rate on Saturday is generally 20% higher than on weekdays. Based on a peak rate number of 14.2 peak trips per 1,000 sf gross floor area (4,400 sf. building), anticipated peak trips will not exceed 62 vehicle peak hour demand rate and is anticipated to generally occur between 3:00 and 4:15 pm. Trip generation rates for the proposed project was gathered through analysis of the 10th Edition Trip Generation Manual published by the Institute of Transportation Engineers (ITE). Subsequently, the project includes site improvements to the one-acre commercial parcel that upon full buildout, the carwash is anticipated to be used at most by 300-400 vehicles per day. The carwash design includes two (2) pay aisles that provide adequate storage capacity that exceeds typical queuing demand during the busiest day of week. With a storage capacity for 8-vehicles prior to the tunnel, the potential impacts to the current tenants would be minimized if not eliminated. Lastly, the area has existing bus stops that provide an additional means of transportation for employees. The two transit stops are located at Chestnut and Peach Avenues. CONCLUSION Thank you for your recent comments on the proposed project. We have addressed all concerns and comments and we are now ready for final review and consideration of approval of the proposed use. Exhibit E – Project Exhibits EQUIPMENT ROOM F I N ELEGENDS: VACUUM AREA WASH TUNNEL OFFICE TOI. STO.CROSS ACESSLOCATIONMCKINLEY T.E. Project #Checked ByDrawn ByProject StatusEZKCRev. #DescriptionDateRevision Issue Contracting Officer:Date IssuedGeneral Engineering Contractor 1204 W. Shaw Ave.,Ste 104 Fresno, CA 93711 AJ@bgvinternational.com Ph. 559.840.3313 cell. 559.217.6908 Design, Planning & Development www.bgvinternational.com A PROPOSED MCKINLEY CARWASHSITE DEVELOPMENT PLAN (W/ EXISTNG STRUCTURE) A1.01BOTTOM LINE DEVELOPMENT4941 E. MCKINLEY AVE., FRESNO CASITE DEVELOPMENT PLAN SCALEA1.01 1 1/14" = 1'-0" (W/ EXISTING STRUCTURES & CAR STALLS) 5 9 10 8 8 14 12 15 7 6 11 3 4 3 11 13 17 2 KEYNOTES SECTION LINE EXISTNG BUILDING 3 21 23 21 24 12 25 20 T E 22 21 19 T 1 16 18 11 26 APN 494-291-0527 P22-01346 28 28 Exhibit J – Conditions of Approval 2600 Fresno Street, Third Floor Planning and Development Department Fresno, California 93721-3604 Jennifer K. Clark, AICP, Director (559) 621-8277 FAX (559) 498-1026 December 8, 2022, Please reply to: Jose Valenzuela (559) 621-8070 Orlando Ramirez orlando@ramirezplanning.com (Sent via email only) SUBJECT: DEVELOPMENT PERMIT APPLICATION NO. P22-01346 FOR PROPERTY LOCATED AT 4941 EAST MCKINLEY AVENUE (APNs: 494-291-05) Dear Mr. Ramirez: On December 8, 2022, the Planning and Development Department Director approved Development Permit Application No. P22-01346. This approval authorizes the construction a 4,400 square-foot mechanical carwash building inclusive of a 120-foot washing tunnel. The project will also include 16 self-service, vehicle-vacuum stalls, one new solid-waste trash enclosure, and new landscaping. The subject property is zoned IL (Light Industrial). The proposed project was determined to be exempt from the California Environmental Quality Act (CEQA) by the Planning and Development Department on December 8, 2022, through Sections 15332/Class 32 (In-Fill Development) Categorical Exemption. CONDITIONS OF APPROVAL PART A – ITEMS TO BE COMPLETED The following items are required before issuance of building permits or final inspection: Planner to check when completed 1. Development and operations shall take place in accordance with Exhibit A dated November 1, 2022, and Exhibits E, F and L dated July 27, 2022. Revise and transfer all comments or corrections to plan exhibits and upload to the related compliance record before issuance of building permits (see directions below). 2. Any proposed improvements on the adjacent property (APN: 494-291-10) shall require owner authorization prior to the issuance of building permits. 3. According to FMC 15-2711-C-4, vehicle lanes for car wash openings shall be screened from public streets to a height of 30 inches. Screening devices shall consist of walls and/or berms with supplemental plant materials to screen vehicles while allowing eye-level visibility into the site. Depict screening for vehicle lanes prior to the issuance of building permits. Development Permit Application No. P22-01346 December 8, 2022 Page 2 of 6 4. According to FMC 15-2711-B, no building or structure shall be located within 30 feet of any public street. Please depict on site plan prior to the issuance of building permits. 5. Buildings shall incorporate similar design features as the main building. Should a main building not exist, and a carwash be the primary building, it shall comply with the design standards of the underlying district. 6. Lighting shall be designed to be low-profile, indirect, or diffused, create a pleasing appearance, and avoid adverse impacts on surrounding uses. 7. Trash and recycling receptacles shall be available. The premises shall be kept in an orderly condition at all times. Litter shall be collected daily. 8. All vacuuming, amplified music, intercoms, or similar noise-generating equipment shall be reduced according to all applicable noise standards. 9. Landscaping must be in place before issuance and final inspection. A Hold on final inspection shall be placed on the proposed improvements until landscaping has been approved and verified for proper installation by the Planning Division. Include this note on the site plan and landscape plan. 10. Prior to 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). PART B – OTHER AGENCY COMMENTS AND CONDITIONS REQUIREMENTS Planner to check when completed 1. Air District: Comply with the requirements outlined in the attached air district letters dated August 22 & 24, 2022. 2. Building and Safety Division: The following items require a separate process with additional fees and timelines, in addition to the Planned Development and Major Revised Conditional Use Permit Application process. 1. 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. 3. Department of Public Utilities (Sewer, Solid Waste, Water): Please reference the attached memoranda dated August 19, 2022. 4. 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 Development Permit Application No. P22-01346 December 8, 2022 Page 3 of 6 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/ 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. Provide site plan with accurate scale in order to verify turn radius and parking lot dimensions. The current scale measurement is not accurate and prevents verification of fire department requirements. This was called out in the DRC letter. 2. Provide a site plan with all parking stalls removed from fire lanes. 3. Show the curbing along the south side of the driveway from the Fine Ave access point as designated fire lane as indicated in the red line page of the DRC letter. 4. Note on plan: Emergency vehicle access shall be designated by painting the curb red (top and side) and stenciling “FIRE LANE NO PARKING” in 3- inch white letters on the most vertical curb, at least every 50 feet. If no curb is present, a minimum 6-inch wide red stripe shall be painted along the edge of the roadway with “FIRE LANE” in 3-inch white letters at least every 50 feet. (FFD Development Policy 403.005) 5. Note and show on plan: Provide note on site plan: Provide sign(s) (17 ”x22” minimum) at all public entrance drives to the property which state “Warning – Vehicles stopped, parked or left standing in fire lanes will be immediately removed at owner’s expense – 22658(a) California Vehicle Code – Fresno Police Department 621-7000.” 6. Note and 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 Permit Application No. P22-01346 December 8, 2022 Page 4 of 6 Development Policy 405.025) 7. Note on plan: Fire department connections shall be located within forty (40) feet of a fire apparatus access lane. (FFD Development Policy 405.025) 8. Note and show on plan: 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. 9. Per DRC letter: There is only a 5-foot separation between the covered vacuum area and the car wash building. Without an assumed property line with exterior wall fire protection between the structures, they are both considered one building for the purposes of the 5000 square foot fire sprinkler ordinance. Show the proposed location of the fire sprinkler riser and fire department connection in accordance with FFD Policy 405.003 and 405.025. 10. Per DRC letter: Provide documentation as needed to Planning on the recorded parking lot cross access covenant between parcels sharing this parking lot. Additional requirements or comments may be required upon resubmittal review. 5. Flood Control: Comply with the attached memoranda submitted by the Fresno Metropolitan Flood Control District dated August 26, 2022. Pay the NOR Review fee prior to the issuance of building permits. 6. Fresno County Environmental Health: Recommended Conditions of Approval: The proposed project has the potential to expose nearby residents to elevated noise levels. Due to the location of nearby residential receptors, it is recommended that the City require a noise study for the car wash vacuums to determine if mitigation measures may be required. Consideration should be given to your City’s municipal code. Facilities that 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. 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 Development Permit Application No. P22-01346 December 8, 2022 Page 5 of 6 properly destroyed by an appropriately licensed contractor. 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 Certified Unified Program Agency at (559) 600-3271 for more information. 7. Department of Public Works (Street Maintenance): Comply with the requirements listed in the attached letter dated August 4, 2022. 8. Fresno Unified School District: Comply with the requirements listed in the attached letter dated August 3, 2022. 9. Department of Public Works (Traffic): See Public Works Traffic Planning conditions of approval and redlined Exhibits A, Check Print 1 dated September 13, 2022. For questions, please contact Louise Gilio at Louise.Gilio@fresno.gov or at (559) 621-8806. PART C – PLANNING DEVELOPMENT CODE STANDARDS 1. Density and Intensity Standards: Compliance with the conditions of approval included in Parts A and B above will result in modifications to the proposed site plan. Should corrections or revisions result in changes to the overall site plan configuration, development shall take place in accordance with FMC Tables 15-1303 (Intensity and Massing Development Standards-Employment Districts) 2. General Site Regulations: This section is not applicable. 3. Site Design: Compliance with the conditions of approval included in Parts A and B above will result in a modification to the proposed site plan. Should corrections or revisions result in changes to the site plan configuration, development shall follow FMC Section 15-1304 (Site Development Standards). 4. Parking and Loading: All parking shall be provided in accordance with the City of Fresno Parking Manual and per Article 24 of the FMC. 5. Landscaping: All landscaping shall be provided and maintained in accordance with Article 23 of the FMC. 6. Façade: Development shall comply with the façade design development standard under FMC Sections 15-1305. 7. Fencing: All Fencing, Walls, and Hedges shall be provided and installed per FMC Section 15-2006. 8. Special use Requirements: Development shall comply with the Automobile/Vehicle Washing development standard under FMC Sections 15-2711. PART D – PLANNING – OTHER REQUIREMENTS Development Permit Application No. P22-01346 December 8, 2022 Page 6 of 6 1. The development shall follow the policies of the Fresno General plan, McLane Community Plan, and the Employment-Light Industrial planned land use designation. 2. The development shall follow the IL (Light Industrial) zone district 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 July 27, 2022. 4. The development shall comply with the City of Fresno Parking Manual, California Building Code, and American Disabilities Act requirements. 5. The development shall take place in accordance with the "General Notes and Requirements for Entitlement Applications" listed below if applicable Property development standards and operational conditions are contained in Articles 13 (Employment 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. 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, Development Permit Application No. P22-01346 December 8, 2022 Page 7 of 6 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. 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 the Fresno Municipal 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 the 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. Development Permit Application No. P22-01346 December 8, 2022 Page 8 of 6 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 ensure 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. 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. 15. 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. 16. 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. 17. 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. 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). 18. 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 Current Planning Division. (Include this note on the landscape plan.) 19. Future tenant improvements shall be reviewed and approved by the Planning and Development Department to ensure that adequate off-street parking is provided. Development Permit Application No. P22-01346 December 8, 2022 Page 9 of 6 20. Trees required for parking lots are in addition to trees required elsewhere on the site as prescribed in other sections of the Fresno Municipal Code. 21. 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. 22. 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. 23. 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 Fresno 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.) 24. 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.) 25. All general standards of Section 15-2015 of the Fresno Municipal Code shall apply when lighting is provided to illuminate parking, sales or display areas. Depict all proposed lights on the site plan. 26. Bicycle parking spaces shall be supplied according to Table 15-2429-D: Required On-Site Bicycle Parking Spaces of the Fresno Municipal Code. 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. 27. All general provisions of Section 15-2403 of the Fresno Municipal Code shall apply to all parking areas. 28. The parking lot is required to meet the City of Fresno’s Parking Manual, Public 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. Contact the Planning and Development Department for Parking Manual questions. SIGNAGE Development Permit Application No. P22-01346 December 8, 2022 Page 10 of 6 29. 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. 30. 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.) 31. All proposed signs shall conform to the current sign ordinance. The submittal checklist for signs is available online at: Click Here 32. Window signs limited to the hours of operation, address, occupancy, and emergency information, subject to the following standards: 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. 33. 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. 34. 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 35. Noise levels shall not exceed the decibel levels described in Section 15-2506 of the Fresno Municipal Code at any time, measured at the nearest subject property line. 36. 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. 37. 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. Development Permit Application No. P22-01346 December 8, 2022 Page 11 of 6 38. 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. 39. 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'. 40. 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, Fresno Municipal Code Chapter 6, Article 7 (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: 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). 41. Screen all roof-mounted equipment from the view of public rights-of-way. Depict all mechanical equipment on site plan and elevations. Development Permit Application No. P22-01346 December 8, 2022 Page 12 of 6 42. 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.) 43. 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.) 44. 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.) 45. Connection to a municipal water system is required unless approved measures are included in the project conditions of approval for an alternative water supply. 46. 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. 47. 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 the 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) 621-8797. 48. Open street cuts are not permitted; all utility connections must be bored. 49. 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. 50. 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 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. Development Permit Application No. P22-01346 December 8, 2022 Page 13 of 6 51. Open storage (outside an enclosed building) shall be limited to vehicles, boats, recreational vehicles, and trailers. Outdoor storage 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. 52. 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. Please reach out to Frank Saburit at (559) 621-8797 for fee questions.) 53. 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. 54. CITYWIDE DEVELOPMENT IMPACT FEES a) Traffic Signal Charge (Fresno Municipal Code 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 Master Fee Schedule. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at the time of building permit. b) Fire Facilities Fee (Fresno Municipal Code Section 12-4.901 to 12-4.906) (based on building square footage, or residential units) c) Police Facilities Fee (Fresno Municipal Code Section 12-4.801 to 12-4.806) (based on building square footage, or residential units). d) Parks Facilities Fee (Fresno Municipal Code Section 12-4.701 to 12-4.706) (based on the number of residential units) 55. CITYWIDE REGIONAL AND NEW GROWTH MAJOR STREET IMPACT FEES (Fresno Municipal Code 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. Development Permit Application No. P22-01346 December 8, 2022 Page 14 of 6 56. 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. 57. 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. 58. SCHOOL FEES School fees must be paid, if required, prior to the issuance of building permits. Contact the applicable school district to obtain fee amount. Provide proof of payment (or no fee required) prior to the issuance of building permits. 59. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) FEES a) A FMFCD Development Fee is required for the review of proposed development projects, including applications for plan amendments, rezones, special permits, subdivisions, and grading plans. This fee is based on project acreage and must be paid directly to FMFCD in order for that agency to review projects and provide a Notice of Requirements. For more information, contact the FMFCD at (559) 456-3292. b) FMFCD drainage fees are due, if required, prior to issuance of building permits and are payable at the rate in place at the time of building permit issuance. Unpaid drainage fee obligations that were unpaid for a prior project at the site of a new project must be satisfied by the developer of the new project. Drainage fees may be paid at the Planning and Development Department prior to, or at the time of building permit issuance. They may also be paid directly to FMFCD, and proof of payment provided to the City, in order to obtain construction permits. 60. SEWER CONNECTION CHARGES (Fresno Municipal Code 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’) c) Wastewater Facilities Charge d) Trunk Sewer Charge 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. Development Permit Application No. P22-01346 December 8, 2022 Page 15 of 6 61. WATER CONNECTION CHARGES: (Fresno Municipal Code 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) Service Charges (based on service size required by applicant) c) Meter Charges (based on service need) d) Water Capacity fee (based on size of meter) 62. 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. PUBLIC WORKS DEPARTMENT GENERAL NOTES (to be added to the site plan) 63. 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. 64. Repair all damaged and/or off-grade concrete street improvements as determined by the Construction Management Engineer, prior to occupancy. 65. 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. 66. 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. 67. Contact the Public Works Department, Traffic Engineering at (559) 621-8800, 10 working days prior to any off-site concrete construction. 68. For Standard Drawings Click Here 69. For Traffic Planning's website with useful links, additional notes, a sample of legend, Parking Manual and Traffic Study Checklist Click Here. 70. Traffic Planning Checklist Click Here. 71. For Traffic Study questions please contact Jill Gormley at (559) 621-8792 or via email at Jill.Gormley@fresno.gov. EQUIPMENT ROOM F I N ELEGENDS: VACUUM AREA WASH TUNNEL OFFICE TOI. STO.CROSS ACESSLOCATIONMCKINLEY T.E. Project #Checked ByDrawn ByProject StatusEZKCRev. #DescriptionDateRevision Issue Contracting Officer:Date IssuedGeneral Engineering Contractor 1204 W. Shaw Ave.,Ste 104 Fresno, CA 93711 AJ@bgvinternational.com Ph. 559.840.3313 cell. 559.217.6908 Design, Planning & Development www.bgvinternational.com A PROPOSED MCKINLEY CARWASHSITE DEVELOPMENT PLAN (W/ EXISTNG STRUCTURE) A1.01BOTTOM LINE DEVELOPMENT4941 E. MCKINLEY AVE., FRESNO CASITE DEVELOPMENT PLAN SCALEA1.01 1 1/14" = 1'-0" (W/ EXISTING STRUCTURES & CAR STALLS) 5 9 10 8 8 14 12 15 7 6 11 3 4 3 11 13 17 2 KEYNOTES SECTION LINE EXISTNG BUILDING 3 21 23 21 24 12 25 20 T E 22 21 19 T 1 16 18 11 26 APN 494-291-0527 P22-01346 28 28 Page 1 of 6 9/13/2022 P22-01346 MCKINLEY 4941 E SUBJECT: Conditions of Approval for P22-01346 DATE: September 13, 2022 TO: Jose Valenzuela, Planner III Planning and Development Department FROM: Lamis Youssef, Engineer I Public Works Department, Traffic Planning Section ADDRESS: 4941 EAST MCKINLEY AVENUE APN: 494-291-05 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 Deeds (up to 2-month processing time) 2’ Pedestrian Easement (PE) Deeds are required to provide easements to the City for required public improvements. They shall be prepared by the owner / developer’s engineer. Contact Jason Camit 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 9/13/2022 P22-01346 MCKINLEY 4941 E ATTENTION: Provide corrections as noted on Exhibit “A”. 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 APNs. 3. Legal description: Provide legal description. 4. Easements: Identify and dimension proposed Pedestrian Easement (PE). 5. Scope of work: Identify all items as existing, proposed, to remain, to be removed or future. 6. Vicinity Map: Provide 4 major streets (1/2 square mile) with a north arrow. 7. 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. 2 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. Provide a 4' minimum path of travel along the public sidewalk directly in front of property, to meet current accessibility regulations. A pedestrian easement may be required if requirements are not met. h. Contact the Public Works Department, Traffic Engineering at 559-621-8800, 10 working days prior to any offsite concrete construction. i. All existing sidewalks in excess of 2% maximum cross slope must be brought Page 3 of 6 9/13/2022 P22-01346 MCKINLEY 4941 E into compliance prior to acceptance by Public Works. j. All development shall take place in accordance with all city laws and regulations. B. OFFSITE INFORMATION: 1. Section Lines: Identify section, ¼ section lines. 2. Public Street Improvements: a. Concrete curb, and gutter b. Sidewalk drains 3. 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. Buildings: Identify and label all buildings and provide square footage. 2. Lot drainage: Identify lot drainage conveyance to the right-of-way. 3. Drive Through: Identify and maintain a minimum of a 3-car stack using 20’ per car. Stacking shall not block parking. Provide and maintain 15’ minimum inside turning radius, 13’ minimum aisle within the turn, 11’ through lane and 9’ minimum at the window. 4. Parking lot: a. Turning template: Provide turning templates for large vehicles. Identify the length for the largest vehicle to access the site in the operational statement. b. Visibility triangles: Identify the required 12’ visibility triangle at all approaches and alleys. c. Shared Access: Provide proof of a cross access agreement to the Planner or Install a fence on property line or install a 6” high concrete curb 3’ / 5’ from property 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 o r misrepresentation of information, on which this review process is dependent, will be imposed whenever such condit ions 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. Page 4 of 6 9/13/2022 P22-01346 MCKINLEY 4941 E 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. 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. McKinley Avenue: 4-Lane Arterial (Provide the following as notes on the site plan.) 1. Dedication Requirements: a. If needed, dedicate a corner cut for public street purposes at the intersection of Mckinley and Fine Avenues. 2. Construction Requirements: a. Modify or replace the existing ramp to meet current Public Works Standards, as determined by the Construction Management engineer PRIOR to occupancy. b. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B. Fine Avenue: Local Industrial (Provide the following as notes on the site plan.) 1. Dedication Requirements: a. Dedicate 2’ of property for pedestrian purposes behind all driveway approaches. 2. Construction Requirements: a. Modify the existing driveway approach to reduce excessive width as noted on Exhibit “A”, 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-2, 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”. c. If the proposed access is for fire access only, construct a concrete Emergency Vehicle Access (EVA) per Public Works Standard P-67. Page 5 of 6 9/13/2022 P22-01346 MCKINLEY 4941 E d. Construct sidewalk to Public Works Standard P-5. The curb shall be constructed to an 8’ commercial pattern. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). e. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B. 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 Spe cifications. 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, comp leted, 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 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 Infill Area; therefore, pay all applicable City-wide regional street impact fees. Contact the Public Works Department, Frank Saburit at (559) 621-8797. Page 6 of 6 9/13/2022 P22-01346 MCKINLEY 4941 E 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 Lamis Youssef (559) 621-8806 or Lamis.Youssef@fresno.gov in the Public Works Department, Traffic Planning Section. August 22, 2022 Planning Department City Of Fresno 2600 Fresno St., 3rd Floor Fresno, CA 93721-3604 Re: Air Impact Assessment (AIA) Application Approval ISR Project Number: C-20220307 Land Use Agency: City of Fresno Land Use Agency ID Number: P22-01346 To Whom It May Concern: The San Joaquin Valley Air Pollution Control District (District) has approved the Air Impact Assessment (AIA) application for the Moe's Xpress Carwash project, located at 4941 E McKinley Ave in Fresno, California. The Project consists of 3,320 square foot carwash. The District has determined that the mitigated baseline emissions for construction and operation will be less than two tons NOx per year and two tons PM10 per year. Pursuant to District Rule 9510 Section 4.3, this project is exempt from the requirements of Section 6.0 (General Mitigation Requirements) and Section 7.0 (Off-site Emission Reduction Fee Calculations and Fee Schedules) of the rule. As such, the District has determined that this project complies with the emission reduction requirements of District Rule 9510 and is not subject to payment of off-site fees. Pursuant to District Rule 9510, Section 8.4, the District is providing you with the following information: A notification of AIA approval (this letter) A statement of tentative rule compliance (this letter) An approved Monitoring and Reporting Schedule A copy of the Air Impact Assessment Application Certain emission mitigation measures proposed by the applicant may be subject to approval or enforcement by the City of Fresno. No provision of District Rule 9510 requires action on the part of the City of Fresno, however, please review the enclosed list of mitigation measures and notify the District if the proposed mitigation measures are inconsistent with your agency’s requirements for this project. The District can provide the detailed emissions analysis upon request. Page 2 If you have any questions, please contact Ms. Cherie A Clark by telephone at (559) 230-5940 or by email at cherie.clark@valleyair.org. Sincerely, Brian Clements Director of Permit Services For Mark Montelongo Program Manager Enclosures SJVUAPCD Indirect Source Review 8/17/22 Complete Project Summary Sheet &1:29 pm Monitoring and Reporting Schedule Project Name:MOE'S XPRESS CARWASH Applicant Name:MASS INVESTMENT GROUP, LLC Project Location:4941 E MCKINLEY AVE E MCKINLEY AVE AND N FINE AVE APN(s): 494-291-05 Project Description: ACREAGE: .69 ISR Project ID Number:C-20220307 Applicant ID Number:C-303691 Permitting Public Agency:CITY OF FRESNO Public Agency Permit No.P22-01346 Existing Emission Reduction Measures Enforcing Agency Measure Quantification Notes There are no Existing Measures for this project. Non-District Enforced Emission Reduction Measures Enforcing Agency Measure Specific Implementation Source Of Requirements There are no Non-District Enforced Measures for this project. District Enforced Emission Reduction Measures Enforcing Agency Measure Specific Implementation Measure For Compliance District Review SJVAPCD Construction and Operation - Exempt from Off-site Fee For each project phase, within 30-days of issuance of the first certificate of occupancy, if applicable, submit to the District a summary report of the construction start, and end dates, and the date of issuance of the first certificate of occupancy. Otherwise, submit to the District a summary report of the construction start and end dates within 30-days of the end of each phase of construction. (Compliance Dept. Review) 1 SJVUAPCD Indirect Source Review 8/17/22 Complete Project Summary Sheet &1:29 pm Monitoring and Reporting Schedule (District Enforced Emission Reduction Measures Continued) Enforcing Agency Measure Specific Implementation Measure For Compliance District Review SJVAPCD Construction and Operation - Recordkeeping For each project phase, all records shall be maintained on site during construction and for a period of ten years following either the end of construction or the issuance of the first certificate of occupancy, whichever is later. Records shall be made available for District inspection upon request. (Compliance Dept. Review) SJVAPCD Construction and Operational Dates For each project phase, maintain records of (1) the construction start and end dates and (2) the date of issuance of the first certificate of occupancy, if applicable. (Compliance Dept. Review) Number of District Enforced Measures: 3 2 Central Region Office: 1990 E. Gettysburg Ave. Fresno, CA 93726-0244 TEL (559) 230-6000 FAX (559) 230-6061 WEB www.valleyair.org Page 1 of 12 Residential/Non-Residential/Mixed-Use Application Form Revised February 3, 2022 San Joaquin Valley Air Pollution Control District Indirect Source Review (ISR) - Air Impact Assessment (AIA) Residential/Non-Residential/Mixed-Use Application Form A. Applicant Information Applicant/Business Name: Mass Investment Group, LLC Mailing Address: 1788 E. Niles Avenue City: Fresno State: CA Zip: 93720 Contact: Moe Assad Title: Owner Is the Applicant a licensed state contractor? No Yes, please provide State License number: Phone: 559-862-6056 Fax: Email: ibemoe86@gmail.com B. Agent Information (if applicable): If an Agent is signing the Air Impact Assessment Application on behalf of the Applicant, a signed letter from the Applicant giving the Agent authorization is required. Agent/Business Name: Sharla Yang Consulting Mailing Address: 3563 San Augustine Avenue City: Merced State: CA Zip: 95348 Contact: Sharla Yang Title: Consultant Phone: 209-658-2161 Fax: Email: sharla@sharlayangconsulting.com C. Project Information Project Name: Moe’s Xpress Carwash Tract Number(s) (if known): Project Location Street: 4941 E. McKinley Avenue City: Fresno Zip: 93727 Cross Streets: E. McKinley Avenue and N. Fine Avenue County: Fresno Permitting Agency: City of Fresno Planner: Steven Martinez Contact Number: 559-821-2489 Mailing Address: 2600 Fresno Street, Room 3065 City: Fresno State: CA Zip: 93721 Permit Type and Number (if known): P22-01346 Subject to Project-Level Discretionary Approval? Yes No Last Project-Level Discretionary Approval Date: TBD Last Project-Level Ministerial Approval Date: D. Project Description Please briefly describe the project (e.g.: 300 multi family residential units apartments and 35,000 square feet of commercial uses): 3,320 square feet carwash tunnel and equipment building with covered vacuum canopies Please check the box next to each applicable land use below: Select land use setting below: Commercial / Retail Residential Recreational (e.g. park) Educational Government Medical Office Warehouse Urban Rural Industrial Distribution Center Manufacturing Other: E. Notice of Violation F. Voluntary Emission Reduction Agreement Is this application being submitted as a result of receiving a Notice of Violation (NOV) from the District? Is this project part of a larger project for which there is a Voluntary Emission Reduction Agreement (VERA) with the District? No Yes, NOV # No Yes, VERA # G. Optional Section Do you want to receive information about the Healthy Air Living Business Partners Program? Yes No FOR APCD USE ONLY Filing Fee Received:_________________ Date Paid:_________________ Applicant #:________________ Check #:_____________________ Project #:_____________________ Date Stamp: Finance Date Stamp: Permit C 303691 RECEIVED July 18, 2022 Permits Services SJVAPCD Vivianne B.C 20220307 Central Region Office: 1990 E. Gettysburg Ave. Fresno, CA 93726-0244 TEL (559) 230-6000 FAX (559) 230-6061 WEB www.valleyair.org Page 2 of 12 Residential/Non-Residential/Mixed-Use Application Form Revised February 3, 2022 H. Parcel and Land Owner Information APN (000-000-00 Format) Gross Acres Land Owner 1. 494-291-05 0.69 Mohamad Assad 2. 3. 4. Additional sheets for listing APN numbers can be found on the District’s website at www.valleyair.org. I. Project Development and Operation Will the project require demolition of existing structures? Yes, complete I-1 No, complete I-2 I-1. Demolition Total square feet of building(s) footprint to be demolished: Number of Building Stories: Demolition Start Date (Month/Year): Number of Days for Demolition: I-2. Timing Expected number of work days per week during construction? 5 days 6 days 7 days Will the project be developed in multiple phases? Yes, complete I-3 No, complete I-4 I-3. Phased Site Development and Building Construction In addition to the information below the applicant may submit a phase specific activity timeline. The phase specific activity timeline form can be found on the District’s website at www.valleyair.org. 1 Start of Construction (Month/Year): Gross Acres: End of Construction (Month/Year): Net Acres (area devoted to buildings/structures): First Date of Occupation (Month/Year): Paved Parking Area (# of Spaces): Building Square Footage: Number of Dwelling Units: 2 Start of Construction (Month/Year): Gross Acres: End of Construction (Month/Year): Net Acres (area devoted to buildings/structures): First Date of Occupation (Month/Year): Paved Parking Area (# of Spaces): Building Square Footage: Number of Dwelling Units: 3 Start of Construction (Month/Year): Gross Acres: End of Construction (Month/Year): Net Acres (area devoted to buildings/structures): First Date of Occupation (Month/Year): Paved Parking Area (# of Spaces): Building Square Footage: Number of Dwelling Units: 4 Start of Construction (Month/Year): Gross Acres: End of Construction (Month/Year): Net Acres (area devoted to buildings/structures): First Date of Occupation (Month/Year): Paved Parking Area (# of Spaces): Building Square Footage: Number of Dwelling Units: Additional sheets for phasing information can be found on the District’s website at www.valleyair.org. Central Region Office: 1990 E. Gettysburg Ave. Fresno, CA 93726-0244 TEL (559) 230-6000 FAX (559) 230-6061 WEB www.valleyair.org Page 3 of 12 Residential/Non-Residential/Mixed-Use Application Form Revised February 3, 2022 I-4. Single Phase Development Start of Construction (Month/Year): 11/2022 Gross Acres: 0.69 End of Construction (Month/Year): 4/2023 Net Acres (area devoted to buildings/structures): 0.08 First Date of Occupation (Month/Year): 4/2023 Paved Parking Area (# of Spaces): 18 Building Square Footage: 3,320 Number of Dwelling Units: N/A J. On-Site Air Pollution Reductions (Mitigation Measures) Listed below are categories of possible mitigation measures that will reduce a project’s impact on air quality. If a category is applicable to the project, check “Yes”, and please complete the corresponding page to identify specific mitigation measures within that category. If a category is not applicable to the project, check “No” and provide justification for not selecting the measure(s). 1. Construction Clean Fleet (making a commitment to using a construction fleet that will achieve the emission reductions required by District Rule 9510) Yes, please complete mitigation measure 1 No, please provide justification:_not included since emissions are projected to be below SJVAPCD’s offsite fee threshold____ 2. Land Use/Location (e.g. increased density, improve walkability design, increase transit, etc.) Yes, please complete applicable mitigation measures 2a through 2f No, please provide justification:_several of the land use/location mitigation measures applies to this project but were not included in the project analysis since emissions are projected to be below SJVAPCD’s offsite fee threshold_____________ 3. Neighborhood/Site Enhancements (e.g. improve pedestrial network, traffic calming measures, NEV network, etc.) Yes, please complete applicable mitigation measures 3a through 3c No, please provide justification:_several of the neighborhood/site enhancements mitigation measures applies to this project but were not included in the project analysis since emissions are projected to be below SJVAPCD’s offsite fee threshold______ 4. Parking Policy/Pricing (e.g. parking cost, on-street market pricing, limit parking supply, etc.) Yes, please complete applicable mitigation measure 4a through 4e No, please provide justification:_parking charges are not applicable based on project location___________________ 5. Commute Trip Reduction Programs (e.g. workplace parking charge, employee vanpool/shuttle, ride sharing program, etc.) Yes, please complete applicable mitigation measures 5a through 5f No, please provide justification:_ not included since emissions are projected to be below SJVAPCD’s offsite fee threshold__ 6. Building Design (e.g. woodstoves or fireplaces) Yes, please complete mitigation measure 6 No, please provide justification:_not applicable to non-residential project_________________________________ 7. Building Energy (e.g. exceed title 24, electrical maintenance equipment) Yes, please complete applicable mitigation measures 7a through 7b No, please provide justification:_ standard eletrical maintenance equipment applies to this project but were not included in the project analysis since emissions are projected to be below SJVAPCD’s offsite fee threshold __________ 8. Solar Panels (e.g. incorporate solar panels in the project) Yes, please complete applicable mitigation measure 8 No, please provide justification:_solar panels were considered but not included____________________________________ 9. Electric Vehicle (EV) Charger (e.g. incorporate EV charger(s) in the project) Yes, please complete applicable mitigation measure 9 No, please provide justification:_EV chargers were considered but not included__________________________________ K. Review Period You may request a five (5) day period to review a draft of the District’s analysis of your project before it is finalized. However, if you choose this option, it will delay the project’s finalization by five (5) business days. I request to review a draft of the District’s analysis. Central Region Office: 1990 E. Gettysburg Ave. Fresno, CA 93726-0244 TEL (559) 230-6000 FAX (559) 230-6061 WEB www.valleyair.org Page 4 of 12 Residential/Non-Residential/Mixed-Use Application Form Revised February 3, 2022 L. Fee Deferral Schedule If the project’s on-site air pollution reductions (mitigation measure) insufficiently reduced air pollution as outlined in Rule 9510, an off-site fee is assessed based on the excess air pollution. The money collected from this fee will be used by the District to reduce air pollution emissions ‘off-site’ on behalf of the project. An Applicant may request a deferral of all or part of the ‘off-site’ fees up to, but not to exceed, the start date of construction. The start of construction is any of the following, whichever occcurs first: start of grading, start of demolition, or any other site development activities not mentioned above. I request a Fee Deferral Schedule, and have enclosed the Fee Deferral Schedule Application. The Fee Deferral Schedule Application, can be found on the District’s website at www.valleyair.org. M. Change of Project Developer The Applicant assumes all responsibility for ISR compliance for this project. If the project developer changes, the Applicant must notify the Buyer, and both Buyer and Applicant must file a ‘Change of Project Developer’ form with the District. If there is a change of project developer, and a ‘Change of Project Developer’ form is not filed with the District, the Applicant will remain liable for ISR compliance. The Change of Project Developer form can be found on the District’s website at www.valleyair.org. N. Attachments Required: Tract Map or Project Design Map Vicinity Map Application Filing Fee $841.00 for mixed use and non-residential projects OR $562.00 for residential projects only If applicable: Letter from Applicant granting Agent authorization Fee Deferral Schedule Application Monitoring & Reporting Schedule Supporting documentation for selected Mitigation Measures O. Certification Statement I certify that I have reviewed and completed the entire application and hereby attest that the information relayed within is true and correct to the best of my knowledge. I commit to implementation of those on-site mitigation measures that I have selected above. I am responsible for notifying the District if I will be unable to implement these mitigation measures. If a committed mitigation measure is not implemented, the project may be re-assessed for air quality impacts. (An authorized Agent may sign the form in lieu of the Applicant if an authorization letter signed by the Applicant is provided). Name (printed): Sharla Yang Title: Consultant Signature:__________________________________________ Date: 7/14/2022 August 24, 2022 Erik Young City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 Project: Planning Application (P22-01346) District CEQA Reference No: 20221077 Dear Mr. Young: The San Joaquin Valley Air Pollution Control District (District) has reviewed the planning application for the project referenced above from the City of Fresno (City). The project consists of the construction of a 4,400 square foot drive-thru carwash located on 0.69 acres (Project). The Project is located at 4941 E McKinley Avenue in Fresno, CA. 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: 20221077 August 24, 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. 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 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 north of the Project. The District suggests the South 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 San Joaquin Valley Air Pollution Control District Page 3 of 7 District Reference No: 20221077 August 24, 2022 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 information 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 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 San Joaquin Valley Air Pollution Control District Page 4 of 7 District Reference No: 20221077 August 24, 2022 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). 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 Project is subject to District Rule 9510 because it will receives a project-level discretionary approval from a public agency and will equal or exceed 2,000 square feet of commercial space. The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation projects from mobile and area sources; specifically, the emissions associated with the construction and subsequent operation of development projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their projects. Should the proposed development project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive projects to achieve off-site emissions reductions. Per Section 5.0 of the ISR Rule, an Air Impact Assessment (AIA) application is required to be submitted no later than applying for project-level approval from a public agency. As of the date of this letter, the District has not received an AIA application for this Project. Please inform the project proponent to immediately submit an AIA application to the District to comply with District Rule 9510. It is preferable for the applicant to submit an AIA application as early as possible in the City’s approval process so that proper mitigation and clean air design under ISR can be incorporated into the City’s analysis. San Joaquin Valley Air Pollution Control District Page 5 of 7 District Reference No: 20221077 August 24, 2022 Information about how to comply with District Rule 9510 can be found online at: http://www.valleyair.org/ISR/ISRHome.htm. The AIA application form can be found online at: http://www.valleyair.org/ISR/ISRFormsAndApplications.htm. District staff is available to provide assistance and can be reached by phone at (559) 230-5900 or by email at ISR@valleyair.org. District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants) In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at: http://www.valleyair.org/busind/comply/asbestosbultn.htm. 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 San Joaquin Valley Air Pollution Control District Page 6 of 7 District Reference No: 20221077 August 24, 2022 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. 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 Patrick Chimienti by e-mail at patrick.chimienti@valleyair.org or by phone at (559) 230-6139. Sincerely, Brian Clements Director of Permit Services For: Mark Montelongo Program Manager DEPARTMENT OF PUBLIC UTILITIES MEMORANDUM DATE: August 19, 2022 TO: MINDI MARIBOHO – Development Services Coordinator Planning & Development Department – Current Planning FROM: ROBERT A. DIAZ, Supervising Engineering Technician Department of Public Utilities – Utilities Planning & Engineering KEVIN GRAY, Supervising Engineering Technician Department of Public Utilities – Utilities Planning & Engineering SUBJECT: DPU CONDITIONS OF APPROVAL FOR P22-01346 XPRESS CARWASH APN 494-291-05 General Requirements 1. All Department of Public Utilities facilities shall be constructed in accordance with The Department of Public Works standards, specifications, and policies. 2. Street work permit is required for any work in the Right-of-Way. Water Service Requirements 1. On-site water facilities shall be private. 2. Installation of water service(s) water box(es) shall be required. 3. Destruct any existing on-site well in compliance with the State of California Well Standards, Bulletin 74-81 and a 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. Water Supply Requirements 1. The project applicant shall be required to pay Water Capacity Fee charges for the installation of new water services and meters to serve the property. MEMORANDUM MINDI MARIBOHO – Development Services Coordinator Planning & Development Department – Current Planning August 19, 2022 DPU CONDITIONS OF APPROVAL FOR P22-01346 XPRESS CARWASH APN 494- 291-05 Page 2 of 3 a. The Water Capacity Fee charge assessed to the applicant shall be based on the number and size of service connections and water meters required to serve the property. b. The Water Capacity Fee charges by meter size are defined in the City’s Master Fee Schedule. c. The City reserves the right to require an applicant to increase or decrease the size of a water meter for a project or a property to ensure that the meter is properly sized to accommodate fire protection requirements, and to allow for accurate volumetric flow measurements at low- and high-flow conditions. 2. The Water Capacity Fee Charge for any new or expanded service connection shall be payable prior to the issuance of a building permit at the fee level in effect on the date such permit is issued. Sewer Requirements The nearest sanitary sewer main to serve the proposed project is a 10-inch sewer main located in North Fine Avenue. Sanitary sewer facilities are available to provide service to the site subject to the following requirements: 1. Installation of sewer house branch(s) shall be required. 2. On-site sanitary sewer facilities shall be private. 3. Abandon any existing on-site private septic systems. 4. Specify onsite recycled water treatment methods. 5. The Project Developer shall contact Utility Billing and Collection Services at (559) 621-6765 prior to pulling building permits regarding conditions of service for special users. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge. MEMORANDUM MINDI MARIBOHO – Development Services Coordinator Planning & Development Department – Current Planning August 19, 2022 DPU CONDITIONS OF APPROVAL FOR P22-01346 XPRESS CARWASH APN 494- 291-05 Page 3 of 3 2. Sewer Oversize Area. 3. Sewer Facility Charge (Non-Residential) 4. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Sections 6-304 and 6-305. Sewer Facility Charges consist of two components, a Wastewater Facilities Charge and Trunk Sewer Charge where applicable. 5. Sewer Facility Charges are collected after occupancy on a monthly basis over time based on metered (water or sewer effluent) usage. The developer may contact the Department of Public Utilities/Wastewater-Environmental Control at (559) 621-5153 to receive an estimated cost of the Sewer Facility Charges applicable to the project (based on a constant sewer discharge and loading (Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the current rates in effect, at that time, per Fresno's Master Fee Resolution. The developer shall provide data regarding estimated sewer discharge rates [flow] and loading [BOD/TSS levels] required for calculating the estimated charge. Solid Waste Requirements: This location is serviced by a Commercial Solid W aste Franchisee. For service information, please contact Mid Valley Disposal at 559-237-9425. Location will be serviced by Allied Waste. Please contact at 559-275-1551 or 1-800- 493-4285 for servicing. 1. This location will require a one, 2-cell trash enclosure, designed to accommodate separate facilities containing 2 - 4cu. yd. bins, one for trash and one for recycling collection to be constructed to current Solid Waste standards (P-33, P-34 and P-95) to be serviced weekly. 2. Developer will need to provide a 44’ (centerline) turning radius at all corners and a T- turnaround (or hammerhead) area where the solid waste vehicle is to turn around. PROJECT NO: APN: ADDRESS: SENT: 2022-01346 4941 E. MCKINLEY AVE. 494-291-05 August 26, 2022 PUBLIC AGENCY JOSE VALENZUELA DEVELOPMENT SERVICES/PLANNING CITY OF FRESNO 2600 FRESNO ST., THIRD FLOOR FRESNO, CA 93721 DEVELOPER SETH RAMIREZ 4233 W. WATHEN AVE. FRESNO, CA 93722 Drainage Area(s)Preliminary Fee(s) V $0.00 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 $123.00 Amount to be submitted with first grading plan submittal. Total Drainage Fee: $0.00 Total Service Charge: $173.00 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 8/03/22 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 3 Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a.Drainage from the site shall X b.Grading and drainage patterns shall be as identified on Exhibit No. 1 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 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 3 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 Mikel Meneses-Arias Design Engineer, RCE Engineer I Digitally signed by Debbie Campbell Date: 8/26/2022 8:45:25 AM Digitally signed by Mikel Meneses-Arias Date: 8/24/2022 4:50:14 PM CC: MOHAMAD ASSAD 1788 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 3 of 3 FR DPA 2022-01346 10' Wide PUE 10' Wide Storm Drain Easement 10' Wide PUE 3030CARMEN AVE MCKINLEY AVE FINE AVEWINERY AVEUNIVERSITY AVE UNIVERSITY AVE ''V'' ''G'' 48 42 241848 F R E S N O M E T R O P O L I T A N F L O O D C O N T R O L D I S T R I C T EXHIBIT NO. 1 FR DPA 2022-01346DRAINAGE AREA "V" Prepared by: davide Date: 8/5/2022 Path: K:\Autocad\DWGS\0EXHIBIT\CITYDPA\2022-01346.mxd O 1 " = 2 00 ' NOTE: THIS MAP IS SCHEMATIC.DISTANCES, AMOUNT OF CREDITABLEFACILITIES, AND L OCATION OF INLETBOUNDARIES ARE APPROXIMATE. Direction of Drainage Existing Master Plan Facilities LEGEND Drainage Area Bound ary Existing PUE An d Storm Drain Easement Drainage from the site shall be directed to Fine and/or McKinley Avenues. The minimum finish floor elevation shall be 318.81ft (U.S.G.S. Datum). There is an existing ten foot (10') wide storm drain easement and ten foot (10') wide public utility easement along the east property line of FR DPA 2022-01346, as shown on Exhibit No. 1. No encroachments into the easements shall be permitted including, but not limited to, foundations, roof overhangs, and trees. 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. Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be treated before discharging it off-site or into a storm drain. Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas shall not be connected to the District’s system. Loading docks, depressed areas, and areas servicing or fueling vehicles are specifically subject to these requirements. The District’s policy governing said industrial site NPDES program requirements is available on the District’s website at: www.fresnofloodcontrol.org or contact the District’s Environmental Department for further information regarding these policies related to industrial site requirements. Development No.FR DPA No. 2022-01346 OTHER REQUIREMENTS EXHIBIT NO. 2 Exhibit G – Environmental Assessment CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT PERMIT APPLICATION NO. P22-01346 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS ACCORDING TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Orlando Ramirez Ramirez Development 4233 West Wathen Avenue Fresno, CA 93722 PROJECT LOCATION: 4941 East McKinley Avenue, located on the northwest corner of East McKinley and North Fine Avenues in Fresno, California. APN: 494-291-05 (Council District 4) PROJECT DESCRIPTION: Development Permit Application No. P22-01346 was filed by Orlando Ramirez of Ramirez Development and pertains to a ±4,400 square-foot building consisting of a 120-foot carwash tunnel and 16 vacuum stalls on a ±0.69-acre parcel located at the property noted above. The subject property is located in the IL (Light Industrial) zone district. This project is exempt under Sections 15332/Class 32 (In-fill Development Projects) of the California Environmental Quality Act (CEQA) Guidelines as follows: Section 15332/Class 32 (Class 32/In-Fill Development Projects) of the CEQA Guidelines exempts from the provisions of CEQA, projects characterized as in-fill development, which meet the following conditions: a)The project is consistent with the applicable general plan designation and all applicable gen policies as well as with applicable zoning designation and regulations. The proposed project (Automobile/Vehicle Washing) will meet all the provisions of the Fresno Municipal Code. The project is consistent with the Fresno General Plan designation, policies, and zoning. The existing IL (Light Industrial) zone district is consistent with the Employment-Light Industrial planned land use designation approved for this site by the Fresno General Plan, McLane Community Plan, and the Fresno County Airport Land Use Compatibility Plan. b)The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed project (Automobile/Vehicle Washing) is located within the city limits, occurs on a vacant site of approximately 0.69 acres, which is less than the five-acre maximum, and is surrounded by offices. c)The project has no value as habitat for endangered, rare or threatened species. The site is currently vacant the Fresno Program Environmental Impact Report (PEIR) did not identify this site as habitat for rare or threatened species. Surrounding developments consists of EA No. P22-01346 December 8, 2022 Page 2 of 4 existing fast-food restaurants and offices; therefore, it 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. The proposed project was routed to the San Joaquin Air Pollution Control District, the city of Fresno Public Utilities Department-Water Division, Fresno Metropolitan Flood Control District, and no significant effects were identified relating to traffic, noise, air quality, or water quality. Traffic Senate Bill (SB) 743, signed in 2013, changes how transportation studies are conducted in California Environmental Quality Act (CEQA) documents. Vehicle miles traveled (VMT) replaces motorist delay and level of service (LOS) as the metric for impact determination. The Office of Planning and Research provides a Technical Advisory (TA) as a guidance document to establish thresholds for this new VMT metric. The TA acknowledges that conditions may exist that would presume that a development project has a less than significant impact. These may be size, location, proximity to transit, or trip-making potential. As a result of the final rulemaking surrounding SB 743 and the implementation deadline of July 1, 2020, the City of Fresno adopted new VMT thresholds and guidelines to address the shift from delay-based LOS CEQA traffic analyses to VMT CEQA traffic analyses on June 25, 2020 and became effective on July 1, 2020. Based upon the City of Fresno’s adopted VMT thresholds and guidelines, screening of projects is permitted if a project qualifies as a low trip generator (less than 500 daily trips generated). The proposed automated car washing project consists of approximately 4,400 square feet of building consisting of a 120-foot automated-washing tunnel. Vehicle washing facilities experience the most traffic on Saturdays and peak hours can vary between 10 a.m. to 1 p.m. and 3 p.m. to 5 p.m. Peak hour demand rate on Saturday is generally 20% higher then on weekdays. Based on a peak rate number of 14.2 peak trips per 1,000 sf gross floor area (4,400 sf. building), anticipated peak trips will not exceed 62 vehicle peak hour demand rate and is anticipated to generally occur between 3:00 and 4:15 p.m. Trip generation rates for the proposed project was gathered through analysis of the 10th Edition Trip Generation Manual published by the Institute of Transportation Engineers (ITE). Subsequently, the project includes site improvements to the 0.69-acre commercial parcel that upon full buildout, the carwash is anticipated to be used by 300-400 vehicles per day. The total estimated ADT generated by the proposed project is less than the 500 ADT established screening threshold. Given the adopted significance threshold criteria of the City of Fresno, staff determined that the proposed project can be screened out from further VMT impact analysis and, therefore, would not result in any significant traffic impacts based upon the City of Fresno's adopted thresholds and guidelines for VMT analyses. Noise Staff reviewed the policies of the Fresno General Plan, Fresno Program Environmental Impact Report (PEIR), and Municipal code to determine if the proposed project produces a significant increase in ambient noise levels. The City of Fresno Noise Element of the General Plan establishes a Noise Exposure from Stationary Noise Sources standard of 50 dBA Hourly Equivalent Sound Level (Leq) and a Maximum Sound Level (Lmax) of 70 dBA during the daytime (7 a.m.-10 p.m.) and 45 dBA and 60 dBA for nighttime (10 p.m.-7 a.m.) respectively. The noise exposure standard is applied to the property line of the receiving land use. EA No. P22-01346 December 8, 2022 Page 3 of 4 Hourly Equivalent Sound is a single-number representation of the fluctuating sound level in decibels over a specified period of time, in this case one hour. It is a sound-energy average of the fluctuating level. The Maximum Sound Level is the highest value measured by the sound level meter over a given period of time, based on the time-weighted sound level in dB, using either the fast or slow time constant. A-weighting decibels (dBA) are the measurements from a sound meter which gives more value to where the ear is more sensitive and less value to frequencies that the ear is not as sensitive to. Most modern sound meters automatically convert to A-weighted decibels. In other words, the A-weighted decibel provides a measurement to how the human ear perceives sound. Knowledge of the following relationships is helpful in understanding how changes in noise and noise exposure are perceived: Except under special conditions, a change in sound level of 1 dB cannot be perceived; • A 3 dB change is considered a just-noticeable difference; • A 5 dB change is required before any noticeable change in community response would be expected. A 5 dB increase is often considered a significant impact; and • A 10 dB increase is subjectively heard as an approximate doubling in loudness and almost always causes an adverse community response. Outdoor ambient noise levels are permitted to be higher for urban areas and commercial sites, and higher still for industrial areas. Longstanding City policy for stationary sources has been to require enclosure, muffling, and/or greater setbacks so that adjacent properties are not exposed to excessive noise levels. Nuisance noise abatement has been accomplished through the City’s Noise Ordinance. Noise from transportation facilities has been controlled primarily by State and federal standards but also by distancing sensitive uses from these facilities, and by use of sound-proofing construction measures, such as masonry walls and sealed buildings. According to the project applicant the proposed car wash would utilize MacNeil RS ‐301 High Side Washer, MacNeil RS‐400 Low Side Washer with MacNeil brush systems. The proposed car wash would also utilize a Motor City Wash Works Air One Dryer system. Noise level measurements were provided at both the entrance and exit sides of the car wash tunnel. The dryer (blower) portion of the operation represents the loudest equipment, which is located at the tunnel exit. Therefore, noise levels at the exit side of the tunnel are louder than those at the entrance side of the tunnel. The measured noise levels provided describe the project‐related noise levels at a distance of fifty (50) feet directly facing both the tunnel entrance and the tunnel exit. Numbers obtained from identical facilities in the region provide readings of 71 Leq and 75 Lmax at 50 feet, directly facing the entrance. Readings from 50 feet and directly facing the tunnel exit are 79 Leq and 82 Lmax. The car wash tunnel will be oriented in an east/west alignment direction, where the tunnel walls will provide varying levels of acoustical shielding to locations to the north and south. The entrance portion of the carwash tunnel will be approximately 140 feet when measured at an approximate 45 degree angle, from the nearby Rivendell Adult Day Care Center door and approximately 85 feet from the west property line. Noise levels can be expected to be reduced to 6-8 dB at 50 feet away measured at a 45 degree angle from the tunnel entrance and further decibel reduction at a greater distance. The exit portion of the tunnel will face North Fine Avenue, near the East McKinley Avenue and North Fine Avenue corner. Facing the tunnel at 90-degrees, noise levels can be expected to be reduced by 10-15 dB below noise levels that were measured directly EA No. P22-01346 December 8, 2022 Page 4 of 4 in line with the tunnel, at the same distance of 50 feet. Further noise reduction would occur with the proposed exit tunnel located approximately 143 feet away from the adjacent office building and 122 feet from the north property line. The project would include a vacuum station area with approximately 16 vacuum stalls. The project would utilize Vacutech Model: FT‐DD‐T330HP4 (30HP T3 Turbine Vacuum Producer with Exhaust Silencer) vacuum units at the site. Noise level data provided by the manufacturer indicates that the noise levels associated with the vacuum units would be expected to be approximately 60 dB at a distance of 5 feet from the turbine. The closest proposed vacuum unit to the north property line adjacent to exiting office land uses is setback a distance of approximately 30 feet. Taking into account the standard rate of attenuation with increased distance from a point source (-6 dB/doubling of distance), noise levels associated with the vacuum units would not exceed the standards of 50 Leq and 70 Lmax at the shared property lines. The proposed project will not involve activities which would be anticipated to result in major noise- generating stationary uses which would impinge on existing noise-sensitive uses within the project area, including but not limited to those daycare and office uses located at a distance of more than 120 feet from the proposed carwash tunnel. Air Quality The project is conditioned to comply with any applicable regulations and conditions from the San Joaquin Valley Air Pollution Control District and the project is subject to review by the agency in regard to air quality during construction and operation. No significant air quality impacts were identified the air district. Water Quality The site has been reviewed and conditioned by the Fresno Metropolitan Flood Control District, Fresno County Public Health, and the City of Fresno Public Utilities in regard to water quality. The surrounding properties have been substantially developed and therefore utilities and public services infrastructure exists in the area. Therefore, no significant water quality impacts were identified. None of the exceptions to Categorical Exemptions outlined in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to affect the environment significantly. A categorical exemption, as noted above, has been prepared for the project, and the area is not environmentally sensitive. Date: December 8, 2022 Submitted by: Jose Valenzuela Supervising Planner Planning & Development Department (559) 621-8070 Exhibit H – Noise Assessment AZ Office CA Office 4960 S. Gilbert Road, Ste 1-461 1197 Los Angeles Avenue, Ste C-256 Chandler, AZ 85249 Simi Valley, CA 93065 p. (602) 774-1950 p. (805) 426-4477 www.mdacoustics.com MD Acoustics, LLC 1 JN: 04032301_Letter Report March 3, 2023 Mr. Moe Assad Mass Investment Group 1788 E Niles Fresno, CA 93720 Subject: SurfThru Car Wash McKinley and Fine – Noise Assessment – City of Fresno, CA Dear Mr. Assad: MD Acoustics, LLC (MD) has completed a noise assessment for the proposed SurfThru Car Wash located at the north west corner of East McKinley avenue and North Fine Avenue, in Fresno CA. This assessment reviews the projected car wash operational noise levels and compares to the City’s noise ordinance. The project proposes an approximately 2,003 square foot car wash tunnel with 16 vacuum bays. 1.0 Assessment Overview This assessment evaluates the projections operational noise and compares to the City’s noise ordinance for informational purposes. The project location map is located in Exhibit A. The site plan utilized for the project is indicated in Exhibit BA glossary of Acoustical Terms is located in Appendix A. 2.0 Acoustical Requirements The City of Fresno outlines their noise regulations and standards within the Code of Ordinances from the Municipal Code. Article 1, Section 10-102 outlines the noise standards. As outlined in Section 10-102, residential noise levels may not exceed 60 dBA during daytime hours (7AM-7PM), 55 during evening hours (7PM-10PM). Additionally, commercial noise levels may not exceed 65 dBA during the daytime (7AM-7PM). Therefore, the project may not exceed the strictest residential noise level during operational hours of 55 dBA and the commercial noise level of 65 dBA. at the corresponding adjacent properties. 3.0 Study Method and Procedure SoundPLAN Acoustic Model SoundPLAN (SP) acoustical modeling software was utilized to model future worst‐case stationary noise impacts to the adjacent land uses. SP is capable of evaluating multiple stationary noise source impacts at various receiver locations. M ACOUSTICS Sound Solutions for Planning and Design SurfThru Car Wash McKinley and Fine Noise Assessment City of Fresno, CA MD Acoustics, LLC 2 JN: 04032301_Letter Report Exhibit A Location Map SurfThru Car Wash McKinley and Fine Noise Assessment City of Fresno, CA MD Acoustics, LLC 3 JN: 04032301_Letter Report Exhibit B Site Plan KEYNOTES I (£) REMOVE EXlSTING APPROACH, REDESIGN & CONSTRUCT CUFIB. (iqSf!HG Slll\.lCTUF!C RCMOYC/RCLOCATC PftOPOSUl CAA STALLS PAOP()S(l)F'll![LAHCS """"" nll£N~l • NCW CONCll£TC l"IIQnaTYil"9JR"l'TOTlll!I PICLAaATIOi'f Al_, .. _,__._,,.,_., .. Cil)otls...t-.C-,.tlS..~-.t Coli"'--~----" ....,1,.,J.,1.1.12.u.• .. ., .... 11.••.•lll.•-• _____ ,.._....,._,,.._,1.,_ s.w1-tts..~c-y ..... , ...... u..s. 1-.--.-.... J .. Jl:IOl.•--"'"-•,....U. ~., ....... ~ " GUTTER. PA'"1MG ANO 24' t.llN TO 35• MAX ORI\/£ APPROACH PER PW STD P-2.P-5.P-6 MO P-48 ACCORDING Willi lHE 8' COMMERCIAi. SIOEW"1.J( PATTERN THE LOCAL INDUSTRIAL STREET PER PW STO P-55 2 (N) 25' DRIVEWAY APPROACH LOCATION J. (E) PARKING STALLS TO BE REMOl/£0 TO GIVE WAY TO FlRE LANE 4 (E) LIGHT GAUGE STE£L PARKING CANOPY TO BE RDIOVEO 5 . (N) S-CURB WITH ... TURN NG RADIUS 6 (E) EXISTING f'lR£ H'l'OfitAHT 7 (E) ADA RAMP SHALL t.1EET PW STO P-28 MOOtfY Off REPlACE. 8 (N) PARKING CURS TO ACCOMM00Alt. flAE LANE 9 (N) ADA ACCESSIBU PARKING EXISTNG BUILDING ___n___ ___ ------- @ FMC 15-2711-0-3 llghllOgshalbecleslgoadlO below-profile ind~ord'~Md ere.a·•• pleas,nga~arance.and9\IOKlaavtifMlffl9,aCU @ on~ing"'" I FMC 1S-2711-G Trashandrecydng reeeptadN,lhalbeavailable The premises lhallbekec:,tinanordeftyconcfl!IOnal•Hllmet Llf1ef tNI be c.olle<:Sed <!My I FMC 15-27114-1 Al 'laaAl'Nn8 a<npltfied mua1C,1NerCOmSorllfflllar~ equiprnenllhallber.iucedaa:ordinglOal applicablel'IOIMltandards l I ... t L 1 .. .. .. .. I I l l .l .. J .. .. .. .. I I I I I FMC 1S-2711-C--4 Vllhldlllannfofcarwash openings lhal bescrNned frotn publlc str9Ma IOlhelgtltof30inches Scr~de'liCNshlll oor..t of'Hb and/of brlnn$ Wl'lh supplemental plarilmatenalslOICfMl'lvet»des .... aUowing ---'--------'-----------~VISIOlkfyinlohllte SITE DEVELOPMENT PLAN ..,.,,...,.,_..,.,.......,,..., W/ EXISTI NG STRUCTURES & CAR STALLS SCALE 1/14"z 1'-0" 10. (N) ADA ACC£SS1Bl£ CURB RAMP 11. (E) EXISTING PARl<ING AREA LIGHT TO BE REMO\'ED 12. (() [)(!STING SffiEET LICHT \J. (E) EXISTING TEtEPHONE PEDESTAL TO BE REl.OCATm 14. (£) EXISTING TEtEPHONE MANHOU: 15. (£} tXISITNC STORM CRAIN INl.£T 16. (N) CONSTRUCT 8° SOCWAL.K PER CITY STANDARD P-55 ,t P-5 l7.(£)&'PATHOf'TRA\-£L 18. (£} 8' SIDEWALK 19. ([) ENO or (E) SIDEWALK 'p.~ .. 20 (£) STORM DRAIN GRAT£ 21 (£) SIGNS TO BE RELOCATED 22 (E) ELEClRIC BOX 2J. (N) FIRE LANE 24 (E) CAR STALLS TO BE REMOVED 25 (£) RETAINED £XISTING CAR STALLS 26 (£) Silt BUILDING 27 (N) CONSlRtJCT A CONCERETE/ASPHALT OORIVE ACCESS PER PUBLIC WORKS STO P-21 28. (N) CONSTRUCT SIOCWAL.K DRAINS PER PW STD P-2J FMC 15-2711-8-1 BwldtnglShal r,corporateaimllardealgnfuturnas lhamalnbladng Shouklamal'I buidlng not ■KIit, and I carwnh be lhaprimarybuildlng,Klhalleomply wllhlhadftlgnllllndardsoftha -·-FMC 15-2711-8-2 Sigrwfit:artt arctwtacturalotlanctscapfl!Nlurfl ahall be provldea al ttw oomar al nlerMdJog ltrNts lo enhance Iha ---- B BBBBBB SECTION LINE P22-01346 BGV Intern ational ----·- I ii ii l I SITEOE\'El.OA,ENTJUH (W1£XISINGSTRUC1UrEI A1 .01 SurfThru Car Wash McKinley and Fine Noise Assessment City of Fresno, CA MD Acoustics, LLC 4 JN: 04032301_Letter Report SP’s software utilizes algorithms (based on the inverse square law and reference equipment noise level data) to calculate noise level projections. The software allows the user to input specific noise sources, spectral content, sound barriers, building placement, topography, and sensitive receptor locations. The future worst-case noise level projections were modeled using referenced sound level data for the various stationary on-site sources (vacuums, vacuum turbine motors and car wash blowers at the exit). The SP model assumes a total of 16 vacuums and the dryer system are operating simultaneously (worst- case scenario), when the noise will in reality be intermittent and lower in noise level. In addition, the modeling takes into account existing property line walls, commercial buildings, and equipment enclosures proposed for the vacuum turbine. The reference vacuum equipment sound level data is provided in Appendix B. All other noise producing equipment (e.g., compressors, pumps) will be housed within mechanical equipment rooms. The following outlines the project design features: 1. The project will incorporate a IDC 120HP Stealth Predator Blower system within the tunnel. 2. The project proposes to house the vacuum turbine motors inside the attached fully enclosed equipment room. SoundPlan input and output values are provided in Appendix C. 4.0 Noise Level Projections and Recommendations The worst-case stationary noise was modeled using SoundPLAN acoustical modeling software. Worst-case assumes the blowers, vacuums and equipment are always operational when in reality the noise will be intermittent and cycle on/off depending on the customer usage. The modeling takes into account the proposed tunnel and equipment design, enclosure for the vacuum turbines. Project operations are anticipated to occur within the City’s allowable daytime standards. A total of three (3) receptors (R1 – R3) were modeled to evaluate the proposed project’s operational impact. R1 – R2 represents the noise level to the nearest commercial uses. R3 represents the nearest residential uses south of the project site across E McKinley Ave. All yellow dots represent either a property line or a sensitive receptor such as an outdoor sensitive area (e.g. courtyard, patio, backyard, etc). Exhibit C illustrates the noise level projections associated with the car wash noise operations when all equipment is fully active (even though the noise will be intermittent). The noise projections demonstrate that the operational noise level during operational hours to the nearest commercial uses will range between 60 to 61 dBA and will not exceed the City’s 65 dBA commercial noise limit. The noise level at the SurfThru Car Wash McKinley and Fine Noise Assessment City of Fresno, CA MD Acoustics, LLC 5 JN: 04032301_Letter Report residences to the south are anticipated to measure 53 dBA which does not exceed the residential evening noise standard of 55 dBA. 5.0 Conclusions MD is pleased to provide this noise assessment for the SurfThru Car Wash project. Project operations are anticipated to comply with the City’s noise ordinance. If you have any questions regarding this analysis, please call our office at (805) 426-4477. Sincerely, MD Acoustics, LLC Robert Pearson Acoustical Consultant SurfThru Car Wash McKinley and Fine Noise Assessment City of Fresno, CA MD Acoustics, LLC 6 JN: 04032301_Letter Report Exhibit C Operational Noise Levels 0403 2301 Surfth ru Fresno Noise Level Contours IDC 120H P Predator+ 16 Vacuums Levels in dB{A) < 4 5 4 5 -50 50 -55 55 -60 60 -65 >= 65 Signs and symbols !ffl Leve l ta bl e, dBA -Buildings D Tunn el Encl os ure • Va cuu m s Poi nt Re ce ive rs Length scale 1 :90 0 50 100 200 300 --c:::==-----===== feet ACOUSTIC Sound Solutions for Planning and Des,gr Appendix A Glossary of Acoustical Terms Glossary of Terms A-Weighted Sound Level: The sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear. A numerical method of rating human judgment of loudness. Ambient Noise Level: The composite of noise from all sources, near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. Community Noise Equivalent Level (CNEL): The average equivalent A-weighted sound level during a 24-hour day, obtained after addition of five (5) decibels to sound levels in the evening from 7:00 to 10:00 PM and after addition of ten (10) decibels to sound levels in the night before 7:00 AM and after 10:00 PM. Day-Night-Level (DNL or LDN): The average equivalent A-weighted sound level during a 24-hour day, obtained after addition of ten (10) decibels to sound levels in the night before 7:00 AM and after 10:00 PM. Decibel (dB): A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro-pascals. dB(A): A-weighted sound level (see definition above). Equivalent Sound Level (LEQ): The sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time varying noise level. The energy average noise level during the sample period. Habitable Room: Any room meeting the requirements of the Uniform Building Code or other applicable regulations which is intended to be used for sleeping, living, cooking or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. L(n): The A-weighted sound level exceeded during a certain percentage of the sample time. For example, L10 in the sound level exceeded 10 percent of the sample time. Similarly L50, L90 and L99, etc. Noise: Any unwanted sound or sound which is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. The State Noise Control Act defines noise as "...excessive undesirable sound...". Noise Criteria (NC) Method: This metric plots octave band sound levels against a family of reference curves, with the number rating equal to the highest tangent line value as demonstrated in Figure 1. Percent Noise Levels: See L(n). Room Criterion (RC) Method: When sound quality in the space is important, the RC metric provides a diagnostic tool to quantify both the speech interference level and spectral imbalance. Sound Level (Noise Level): The weighted sound pressure level obtained by use of a sound level meter having a standard frequency-filter for attenuating part of the sound spectrum. Sound Level Meter: An instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement and determination of noise and sound levels. Sound Transmission Class (STC): To quantify STC, a Transmission Loss (TL) measurement is performed in a laboratory over a range of 16 third-octave bands between 125 – 4,000 Hertz (Hz). The average human voice creates sound within the 125 – 4,000 Hz 1/3rd octave bands. STC is a single-number rating given to a particular material or assembly. The STC rating measures the ability of a material or an assembly to resist airborne sound transfer over the specified frequencies (see ASTM International Classification E413 and E90). In general, a higher STC rating corresponds with a greater reduction of noise transmitting through a partition. STC is highly dependent on the construction of the partition. The STC of a partition can be increased by: adding mass, increasing or adding air space, adding absorptive materials within the assembly. The STC rating does not assess low frequency sound transfer (e.g. sounds less than 125 Hz). Special consideration must be given to spaces where the noise transfer concern has lower frequencies than speech, such as mechanical equipment and or/or music. The STC rating is a lab test that does not take into consideration weak points, penetrations, or flanking paths. Even with a high STC rating, any penetration, air-gap, or “flanking path can seriously degrade the isolation quality of a wall. Flanking paths are the means for sound to transfer from one space to FIGURE 1: Sample NC Curves and Sample Spectrum Levels 80 70 60 'll J w > ~ !50 Ill a: ::, fl) fl) If 40 Q z ::, 0 U) 30 20 10 31.5 63 125 250 6()0 lk 21< 4k Iii; OCTAVE SA NO f R Q U CY ,t-ll another other than through the wall. Sound can flank over, under, or around a wall. Sound can also travel through common ductwork, plumbing or corridors. Noise will travel between spaces at the weakest points. Typically, there is no reason to spend money or effort to improve the walls until all weak points are controlled first. Outdoor Living Area: Outdoor spaces that are associated with residential land uses typically used for passive recreational activities or other noise-sensitive uses. Such spaces include patio areas, barbecue areas, jacuzzi areas, etc. associated with residential uses; outdoor patient recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes; outdoor areas associated with places of worship which have a significant role in services or other noise-sensitive activities; and outdoor school facilities routinely used for educational purposes which may be adversely impacted by noise. Outdoor areas usually not included in this definition are: front yard areas, driveways, greenbelts, maintenance areas and storage areas associated with residential land uses; exterior areas at hospitals that are not used for patient activities; outdoor areas associated with places of worship and principally used for short-term social gatherings; and, outdoor areas associated with school facilities that are not typically associated with educational uses prone to adverse noise impacts (for example, school play yard areas). Percent Noise Levels: See L(n). Sound Level (Noise Level): The weighted sound pressure level obtained by use of a sound level meter having a standard frequency-filter for attenuating part of the sound spectrum. Sound Level Meter: An instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement and determination of noise and sound levels. Single Event Noise Exposure Level (SENEL): The dB(A) level which, if it lasted for one second, would produce the same A-weighted sound energy as the actual event. Appendix B Referenced Equipment Noise Levels SYM.DATEECN SIG. DESCRIPTION ENG.SCALE:FILE NUMBER:NOTICE: This drawing is the property of THE NEW YORK BLOWERCO. and is loaned subject to the condition that it shall not be reproduced, copied, loaned or submitted to outside parties without our consent.REV.TOL:DWG.SIZEPART NUMBERMAT'L:GENERAL NOTES:1. UNLESS OTHERWISE SPECIFIED ALL DIMENSIONS ARE IN INCHES.2. ALL FORMS ARE UP, UNLESS OTHER WISE SPECIFIED.3. DIMENSIONS IN ( ) ARE FOR REFERENCE ONLY.BBDRAWN BY:SEQUENCE:PROJECT:DESCRIPTION:ENGINEER:A5604473WITH ARCHES1/31/2018 bogucki DRAWN DATE:Visit us on the Web: http://www.nyb.comPhone: (800) 208-7918 Email: nyb@nyb.comTHE NEW YORK BLOWER COMPANY7660 Quincy StreetWillowbrook, IL 60527-55302875.7 lbmassMASS: A3636481484THIS HEIGHTIS ADJUSTABLEFROM84"-120"12032153603169531612211161041231185127111612018938NOTICE: This drawing is property of International Drying Corporation andis loaned subjectto the condition that it shall not be reproduced, copied, loaned or submitted to outsideparties without our consent.International Drying Corporation2510 IL Route 176, Suite GPrairie Grove, IL 60014Phone (800) 736-6412Art@InternationalDrying.comWSP II-10I 1· /7 I I 7 I I ---t I I I I I I J SYM.DATEECN SIG. DESCRIPTION ENG.SCALE:FILE NUMBER:NOTICE: This drawing is the property of THE NEW YORK BLOWERCO. and is loaned subject to the condition that it shall not be reproduced, copied, loaned or submitted to outside parties without our consent.REV.TOL:DWG.SIZEPART NUMBERMAT'L:GENERAL NOTES:1. UNLESS OTHERWISE SPECIFIED ALL DIMENSIONS ARE IN INCHES.2. ALL FORMS ARE UP, UNLESS OTHER WISE SPECIFIED.3. DIMENSIONS IN ( ) ARE FOR REFERENCE ONLY.BBDRAWN BY:SEQUENCE:PROJECT:DESCRIPTION:ENGINEER:A5604473WITH ARCHES1/31/2018 bogucki DRAWN DATE:Visit us on the Web: http://www.nyb.comPhone: (800) 208-7918 Email: nyb@nyb.comTHE NEW YORK BLOWER COMPANY7660 Quincy StreetWillowbrook, IL 60527-55302875.7 lbmassMASS: ANOTICE: This drawing is property of International Drying Corporation andis loaned subjectto the condition that it shall not be reproduced, copied, loaned or submitted to outsideparties without our consent.International Drying Corporation2510 IL Route 176, Suite GPrairie Grove, IL 60014Phone (800) 736-6412Art@InternationalDrying.comWSP II-10 Stealth High Powered Quiet Drying System Specifications Total Sound Center Band Sound Frequency 63 Hz 125Hz 250 Hz 500 Hz 1,000Hz 2,000 Hz 4,000 Hz 8,000 Hz 60 Hz Results Final Sound Pressure Level 55.3 60.4 71.9 80.3 78.5 76.7 72.5 65.4 84.2 dBA at Q=1, 5 feet Final Sound Pressure Level 49.3 54.4 65.9 74.3 72.5 70.7 66.5 59.4 78.2 dBA at Q=1, 10 feet Final Sound Pressure Level 45.8 50.9 62.4 70.8 69 67.2 63 55.9 74.7 dBA at Q=1, 15 feet Final Sound Pressure Level 43.3 48.4 59.9 68.3 66.5 64.7 60.5 53.4 72.2 dBA at Q=1, 20 feet Final Sound Pressure Level 41.3 46.4 57.9 66.3 64.5 62.7 58.5 51.4 70.2 dBA at Q=1, 25 feet Final Sound Pressure Level 39.8 44.9 56.4 64.8 63 61.2 57 49.9 68.7 dBA at Q=1, 30 feet Final Sound Pressure Level 38.4 43.5 55 63.4 61.6 59.8 55.6 48.5 67.3 dBA at Q=1, 35 feet Final Sound Pressure Level 37.3 42.4 53.9 62.3 60.5 58.7 54.5 47.4 66.2 dBA at Q=1, 40 feet Final Sound Pressure Level 36.2 41.3 52.8 61.2 59.4 57.6 53.4 46.3 65.1 dBA at Q=1, 45 feet Final Sound Pressure Level 35.3 40.4 51.9 60.3 58.5 56.7 52.5 45.4 64.2 dBA at Q=1, 50 feet Final Sound Pressure Level 34.5 39.6 51.1 59.5 57.7 55.9 51.7 44.6 63.4 dBA at Q=1, 55 feet Sound pressure values are approximated from AMCA 300 Reverberant sound room total sound power values * all information provided through the new york blower company via tests performed in their La Port IN sound lab, January 15th 2018 ~~:1::'1J~:~~:::''~:~J'a~~;'J~,;•l'11~a'1l!:1::;!•:•.::; C'· ,:,,,. ,:·; ,,,, :.:;" G' ""' ' :'. ,·-r: SOUND LEVEL METER READINGS MODEL: FT‐DD‐T340HP4 (40hp VACSTAR TURBINE VACUUM PRODUCER) READING ONE: 43 DB‐A, 3 FEET FROM TURBINE @ 45° ANGLE AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE. READING TWO: 36 DB‐A, 10 FEET FROM TURBINE @ 45° ANGLE AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE. READING THREE: 24 DB‐A, 20 FEET FROM TURBINE @ 45° ANGLE AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE. READING FOUR: 12 DB‐A, 30 FEET FROM TURBINE @ 45° ANGLE AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE. NOTE: THESE READINGS WERE TAKEN OUTSIDE OF 8’x10’x8’ CINDER BLOCK ENCLOSURE WITH CONCRETE SLAB AND WOOD JOIST ROOF. SOUND LEVEL METER USED: SIMPSON MODEL #40003 – MSHA APPROVED. MEETS OSHA & WALSH‐HEALY REQUIREMENTS FOR NOISE CONTROL. CONFORMS TO ANSI S1.4‐1983, IEC 651 SPECS FOR METER TYPE. Vacutech 1350 Hi-Tech Drive, Sheridan WY, 82801 PHONE: (800) 917-9444 FAX: (303) 675-1988 EMAIL: info@vacutechllc WEB SITE: vacutechllc.com Project: Sound Library Job Number: 0000-2020-02 Site Address/Loca on: 1555 W Warner Rd, Gilbert, AZ 85233 Date: 04/05/2020 Field Tech/Engineer: Robert Pearson Source/System: Vacutec System Averaged General Loca on: Measured @ 1.5' Sound Meter: NTi XL2 SN: A2A-05967-E0 Se ngs: A-weighted, slow, 1-sec, 10-sec dura on Meteorological Cond.: 80 degrees, 2 mph wind Table 1: Summary Measurement Data Figure 1: Vacutec System Averaged Acous c Spectrum - Vacutec System Averaged Site Observa ons: Clear sky, measurements were performed within 1.5 of source. Measurements were performed while the vacuum was posi oned at three (3) different posi ons. Holstered, upholstered and inside a car. This data is u lized for acous c modeling purposes and represents an average sound level at a vacuum sta on. Leq Lmin Lmax 71.2 71.2 71.2 Ln 2 Ln 8 Ln 25 Ln 50 Ln 90 Ln 99 0.0 0.0 0.0 0.0 0.0 0.0 Source/System Overall Source Overall dB(A) 3rd Octave Band Data (dBA) 20 25 31.5 40 50 63 80 100 125 160 200 250 315 400 500 630 800 1k 12.5k1.6k 2k 2.5k 3.15k 4k 5k 6.3k 8k 10k 12.5k16k 20k Vacutec System Averaged Car Wash Vacuu 71.2 11.0 21.0 25.0 32.0 36.0 39.0 43.0 45.0 47.0 48.0 52.0 53.0 51.0 51.0 55.0 53.0 55.0 55.0 56.0 58.0 59.0 59.0 61.0 62.0 59.0 56.0 55.0 53.0 51.0 47.0 40.0 20 40 63 125 250 500 1k 2k 4k 8k 16k Freq (Hz) 0 20 40 60 80 Sound Pressure Level, dBAf I L I I www.mdacoustics.com AZ Office 4960 S. Gilbert Rd, Ste 1-461 Chandler, AZ 85249 p. (602) 774-1950 CA Office 1197 Los Angeles Ave, Ste C-256 Simi Valley, CA 93065 p. (805) 426-4477 Project:SuperStar Car Wash Chula Vista Site Observations: Site Location:1555 W Warner Rd, Gilbert, AZ 85233 Date:4/5/2018 Field Tech/Engineer:Robert Pearson Source/System:Vacutec System Location:Vac Bay 1 Sound Meter:NTi XL2 SN:A2A-05967-E0 Settings:A-weighted, slow, 1-sec, 10-sec duration Meteorological Cond.:80 degrees F, 2 mph wind 20 25 31.5 40 50 63 80 100 125 160 200 250 315 400 500 630 800 1K 1.25K 1.6K 2K 2.5K 3.15K 4K 5K 6.3K 8K 10K 12.5K 16K 20K Vacutech (Holstered)Vacuum 63.3 9 17 22 29 31 35 40 41 44 43 46 48 47 49 51 51 51 52 53 52 52 50 52 53 50 47 47 48 45 39 30 Vacutech (Un Holstered)Vacuum 80.7 6 19 22 28 34 37 40 43 47 46 48 48 48 49 54 55 58 58 62 65 68 70 74 75 73 69 67 65 63 60 55 Vacutech (Inside Car)Vacuum 69.6 16 28 31 38 42 45 49 51 52 55 60 61 57 55 59 53 55 56 54 57 57 57 57 57 55 54 51 48 46 42 36 Arth. Average Level*Vacuum 71.2 11 21 25 32 36 39 43 45 47 48 52 53 51 51 55 53 55 55 56 58 59 59 61 62 59 56 55 53 51 47 40 * Refers to the arthitmetic average of all measurements. This measurement represents an average of the multiple vacuum positions. Clear sky, measurements were performed within 1.5ft of source. Measurements were performed while the vacuum was positiioned at threee (3) different positions. Holstered, unholstered and inside a car. This data is utilized for acoustic modeling purposes and represents an average sound level at a vacuum station. Table 1: Summary Measurement Data Source System Overall dB(A) 3rd Octave Band Data (dBA) Figure 1: Holstered Figure 2: Un Holstered Figure 3: Inside Car Figure 1: Example Measurement Position 0 10 20 30 40 50 60 70 80 202531.5405063801001251602002503154005006308001K1.25K1.6K2K2.5K3.15K4K5K6.3K8K10K12.5K16K20KdBFreq (Hz) 1.5ft from Nozzle Vacutech Un holstered Vacutech (Holstered)Vacutech (Inside Car) Vacutech sound levels I I I I I I I I I I I I I I I 11 11 I I I I I I I I I I I I I I I ■ ■ ■ Appendix C SoundPlan Input/Output SurfThru Fresno 3rd octave spectra of the sources in dB(A) -Situation 1 -IDC 120HP Pred -SP 4 Name l or A m,m² Li dB(A) R'w dB L'w dB(A) Lw dB(A) 25Hz dB(A) 31.5Hz dB(A) 40Hz dB(A) 50Hz dB(A) 63Hz dB(A) 80Hz dB(A) 100Hz dB(A) 125Hz dB(A) 160Hz dB(A) 200Hz dB(A) 250Hz dB(A) 315Hz dB(A) 400Hz dB(A) 500Hz dB(A) 630Hz dB(A) 800Hz dB(A) 1kHz dB(A) 1.25kHz dB(A) 1.6kHz dB(A) 2kHz dB(A) 2.5kHz dB(A) 3.15kHz dB(A) 4kHz dB(A) 5kHz dB(A) 6.3kHz dB(A) 8kHz dB(A) 10kHz dB(A) Vacuum 1 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 2 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 3 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 4 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 5 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 6 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 7 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 8 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 9 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 10 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 11 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 12 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 13 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 14 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 15 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Vacuum 16 80.6 80.6 28.1 31.7 38.4 42 45.6 49.2 51.7 52.8 55.0 59.9 61.2 57.5 56.1 60.3 57.7 59.8 60.3 62.7 65.4 68.1 70.1 73.6 74.4 72.2 68.4 66.2 64.6 Roof 01 174.00 88.0 57.0 39.2 61.6 54.1 48.2 59.2 54.2 41.8 35.5 25.9 14.3 Facade 01 101.50 88.4 57.0 39.6 59.6 52.1 46.2 57.3 52.2 39.8 33.6 23.9 12.1 Facade 02 10.05 89.0 57.0 39.9 50.0 42.4 36.5 47.6 42.6 30.6 24.8 15.3 4.7 Transmissive area 01 10.95 88.8 0.0 88.8 99.2 72.6 80.8 93.8 94.8 91.9 90.2 83.8 71.2 Facade 03 101.50 88.4 57.0 39.6 59.6 52.1 46.2 57.3 52.2 39.8 33.6 23.9 12.1 Facade 04 10.05 87.9 57.0 39.1 49.1 41.6 35.8 46.8 41.7 29.3 23.1 13.2 0.4 Transmissive area 01 10.95 87.5 0.0 87.5 97.9 71.5 79.6 92.7 93.7 90.4 88.2 81.3 66.6 SoundPLAN 8.2 MD Acoustics 1197 E Los Angeles Ave,Unit C 256 Simi Valley, CA 93065 USA 1 SurfThru Fresno Contribution level -Situation 1 -IDC 120HP Pred -SP 9 Source Source typeLeq,d dB(A) A dB Receiver 1 Fl G Lr,lim dB(A) Leq,d 60.8 dB(A) Sigma(Leq,d) 0.0 dB(A) Vacuum 1 Point 41.8 0.0 Vacuum 2 Point 42.3 0.0 Vacuum 3 Point 43.0 0.0 Vacuum 4 Point 43.9 0.0 Vacuum 5 Point 45.0 0.0 Vacuum 6 Point 45.7 0.0 Vacuum 7 Point 46.1 0.0 Vacuum 8 Point 47.2 0.0 Vacuum 9 Point 48.1 0.0 Vacuum 10 Point 40.7 0.0 Vacuum 11 Point 41.6 0.0 Vacuum 12 Point 42.1 0.0 Vacuum 13 Point 42.2 0.0 Vacuum 14 Point 41.7 0.0 Vacuum 15 Point 42.3 0.0 Vacuum 16 Point 41.2 0.0 Roof 01 Area 8.4 0.0 Facade 01 Area 7.1 0.0 Facade 02 Area 9.8 0.0 Transmissive area 01 Area 59.0 0.0 Facade 03 Area 7.8 0.0 Facade 04 Area -4.8 0.0 Transmissive area 01 Area 38.2 0.0 Receiver 2 Fl G Lr,lim dB(A) Leq,d 60.4 dB(A) Sigma(Leq,d) 0.0 dB(A) Vacuum 1 Point 35.4 0.0 Vacuum 2 Point 35.8 0.0 Vacuum 3 Point 35.6 0.0 Vacuum 4 Point 36.1 0.0 Vacuum 5 Point 37.0 0.0 Vacuum 6 Point 36.7 0.0 Vacuum 7 Point 37.5 0.0 Vacuum 8 Point 38.1 0.0 Vacuum 9 Point 38.9 0.0 Vacuum 10 Point 31.5 0.0 Vacuum 11 Point 35.5 0.0 Vacuum 12 Point 35.3 0.0 Vacuum 13 Point 36.1 0.0 Vacuum 14 Point 37.0 0.0 Vacuum 15 Point 37.9 0.0 Vacuum 16 Point 38.8 0.0 Roof 01 Area 13.4 0.0 Facade 01 Area 13.1 0.0 Facade 02 Area 11.2 0.0 SoundPLAN 8.2 MD Acoustics 1197 E Los Angeles Ave,Unit C 256 Simi Valley, CA 93065 USA 1 SurfThru Fresno Contribution level -Situation 1 -IDC 120HP Pred -SP 9 Source Source typeLeq,d dB(A) A dB Transmissive area 01 Area 60.0 0.0 Facade 03 Area 14.3 0.0 Facade 04 Area -3.3 0.0 Transmissive area 01 Area 36.5 0.0 Receiver 3 Fl G Lr,lim dB(A) Leq,d 52.8 dB(A) Sigma(Leq,d) 0.0 dB(A) Vacuum 1 Point 21.0 0.0 Vacuum 2 Point 21.0 0.0 Vacuum 3 Point 22.4 0.0 Vacuum 4 Point 25.4 0.0 Vacuum 5 Point 26.6 0.0 Vacuum 6 Point 29.6 0.0 Vacuum 7 Point 30.2 0.0 Vacuum 8 Point 29.4 0.0 Vacuum 9 Point 29.2 0.0 Vacuum 10 Point 16.0 0.0 Vacuum 11 Point 21.4 0.0 Vacuum 12 Point 25.1 0.0 Vacuum 13 Point 26.1 0.0 Vacuum 14 Point 25.8 0.0 Vacuum 15 Point 25.9 0.0 Vacuum 16 Point 31.5 0.0 Roof 01 Area 11.1 0.0 Facade 01 Area 12.1 0.0 Facade 02 Area 2.9 0.0 Transmissive area 01 Area 52.4 0.0 Facade 03 Area 3.2 0.0 Facade 04 Area -3.4 0.0 Transmissive area 01 Area 38.6 0.0 SoundPLAN 8.2 MD Acoustics 1197 E Los Angeles Ave,Unit C 256 Simi Valley, CA 93065 USA 2 SurfThru Fresno Contribution spectra -Situation 1 -IDC 120HP Pred -SP Source Time slice Sum dB(A) 63Hz dB(A) 125Hz dB(A) 250Hz dB(A) 500Hz dB(A) 1kHz dB(A) 2kHz dB(A) 4kHz dB(A) 8kHz dB(A) 16kHz dB(A) Receiver 1 Fl G Lr,lim dB(A) Leq,d 60.8 dB(A) Sigma(Leq,d) 0.0 dB(A) Facade 01 Leq,d 7.1 5.4 -5.7 0.5 -7.1 -15.0 -22.1 Facade 02 Leq,d 9.8 5.8 -2.4 5.2 2.1 -7.7 -13.3 -23.7 Facade 03 Leq,d 7.8 5.8 -4.7 1.7 -4.7 -16.2 -22.5 Facade 04 Leq,d -4.8 -6.5 -18.2 -11.0 -19.4 Roof 01 Leq,d 8.4 5.6 -5.1 3.7 -2.2 -15.1 -20.4 Transmissive area 01 Leq,d 59.0 36.0 41.9 51.0 53.7 53.4 52.1 44.7 28.6 Transmissive area 01 Leq,d 38.2 23.0 25.4 34.0 31.5 27.0 32.0 20.5 -3.7 Vacuum 1 Leq,d 41.8 12.0 18.0 22.3 21.1 27.6 35.5 39.8 29.5 14.3 Vacuum 2 Leq,d 42.3 12.9 18.8 23.2 21.8 28.0 35.9 40.3 30.4 15.9 Vacuum 3 Leq,d 43.0 13.9 19.8 24.4 22.8 28.7 36.5 41.0 31.5 17.7 Vacuum 4 Leq,d 43.9 14.9 20.8 25.5 23.9 29.6 37.3 41.9 32.6 19.4 Vacuum 5 Leq,d 45.0 16.1 22.4 27.0 25.3 30.6 38.4 43.0 34.0 21.6 Vacuum 6 Leq,d 45.7 17.3 23.5 28.1 26.3 31.3 38.9 43.7 35.0 23.3 Vacuum 7 Leq,d 46.1 18.6 24.1 28.9 27.0 31.6 39.2 44.0 35.7 24.9 Vacuum 8 Leq,d 47.2 19.6 25.2 30.2 28.3 32.7 40.2 45.1 37.0 26.5 Vacuum 9 Leq,d 48.1 20.4 26.0 31.2 29.3 33.5 41.0 46.0 37.9 27.7 Vacuum 10 Leq,d 40.7 9.8 17.9 21.0 19.5 26.6 34.7 38.7 27.7 10.6 Vacuum 11 Leq,d 41.5 11.1 19.0 22.4 20.7 27.4 35.4 39.6 29.1 13.2 Vacuum 12 Leq,d 42.1 12.4 19.5 23.0 21.4 27.9 35.8 40.1 29.8 14.3 Vacuum 13 Leq,d 42.2 12.9 19.9 23.3 21.6 28.0 35.8 40.2 30.2 15.3 Vacuum 14 Leq,d 41.7 13.5 20.1 23.1 21.4 27.4 35.3 39.7 30.1 15.8 Vacuum 15 Leq,d 42.3 14.1 20.7 23.9 22.2 28.0 35.8 40.3 30.8 17.0 Vacuum 16 Leq,d 41.2 13.9 19.3 22.8 21.2 26.8 34.6 39.2 29.9 16.7 Receiver 2 Fl G Lr,lim dB(A) Leq,d 60.4 dB(A) Sigma(Leq,d) 0.0 dB(A) Facade 01 Leq,d 13.1 10.4 1.2 8.0 2.7 -8.0 -15.4 -28.1 Facade 02 Leq,d 11.2 7.1 -1.1 6.9 3.1 -7.0 -12.6 -22.8 Facade 03 Leq,d 14.3 11.0 2.2 9.6 5.1 -5.3 -11.4 -22.5 Facade 04 Leq,d -3.3 -4.8 -16.4 -10.3 -17.4 Roof 01 Leq,d 13.4 8.5 -0.5 10.2 5.0 -6.6 -13.4 -25.1 Transmissive area 01 Leq,d 60.0 37.4 43.2 52.7 54.7 54.2 52.9 45.7 30.4 Transmissive area 01 Leq,d 36.5 23.1 24.7 31.9 30.6 26.6 29.2 17.2 -7.1 Vacuum 1 Leq,d 35.3 7.1 12.3 13.6 13.6 21.5 29.7 33.3 21.1 1.1 Vacuum 2 Leq,d 35.8 7.6 12.8 14.3 14.1 21.9 30.1 33.8 21.8 2.4 Vacuum 3 Leq,d 35.5 8.1 13.4 15.0 14.2 21.5 29.7 33.6 22.2 3.7 Vacuum 4 Leq,d 36.1 8.6 13.9 15.8 14.9 22.0 30.1 34.1 22.9 5.1 Vacuum 5 Leq,d 37.0 9.3 14.6 16.7 15.7 22.7 31.1 35.0 24.0 6.8 Vacuum 6 Leq,d 36.6 9.9 15.2 17.4 15.6 22.3 30.5 34.7 24.2 8.0 Vacuum 7 Leq,d 37.5 10.5 15.9 18.3 16.5 23.1 31.3 35.5 25.1 9.5 Vacuum 8 Leq,d 38.0 11.1 16.5 19.2 17.3 23.7 31.7 36.0 26.0 10.9 Vacuum 9 Leq,d 38.8 11.9 17.3 20.2 18.4 24.4 32.4 36.8 27.1 12.6 Vacuum 10 Leq,d 31.4 4.3 8.9 11.0 10.2 18.2 26.1 29.3 16.0 -6.5 Vacuum 11 Leq,d 35.4 8.2 13.5 15.1 13.9 21.6 29.6 33.4 22.0 3.8 Vacuum 12 Leq,d 35.3 8.8 14.1 15.9 14.1 21.3 29.2 33.3 22.5 5.3 Vacuum 13 Leq,d 36.1 9.5 14.8 16.8 15.0 22.0 29.9 34.1 23.5 6.9 Vacuum 14 Leq,d 36.9 10.1 15.5 17.8 15.9 22.7 30.8 34.9 24.5 8.6 Vacuum 15 Leq,d 37.9 11.0 16.4 19.0 17.2 23.6 31.6 35.9 25.8 10.6 Vacuum 16 Leq,d 38.8 11.8 17.2 20.1 18.2 24.5 32.5 36.8 27.0 12.4 Receiver 3 Fl G Lr,lim dB(A) Leq,d 52.8 dB(A) Sigma(Leq,d) 0.0 dB(A) Facade 01 Leq,d 12.1 8.6 0.1 7.0 4.3 -4.6 -10.9 -22.7 Facade 02 Leq,d 2.9 -0.7 -9.5 -2.1 -5.0 -13.6 -19.2 Facade 03 Leq,d 3.2 1.0 -10.0 -2.0 -10.5 -24.7 Facade 04 Leq,d -3.4 -6.4 -16.0 -7.9 -14.8 -27.5 SoundPLAN 8.2 MD Acoustics 1197 E Los Angeles Ave,Unit C 256 Simi Valley, CA 93065 USA 1 SurfThru Fresno Contribution spectra -Situation 1 -IDC 120HP Pred -SP Source Time slice Sum dB(A) 63Hz dB(A) 125Hz dB(A) 250Hz dB(A) 500Hz dB(A) 1kHz dB(A) 2kHz dB(A) 4kHz dB(A) 8kHz dB(A) 16kHz dB(A) Roof 01 Leq,d 11.1 4.8 -4.0 8.6 3.4 -8.3 -14.8 -26.8 Transmissive area 01 Leq,d 52.4 29.6 35.0 43.6 46.4 47.5 46.3 37.7 17.6 Transmissive area 01 Leq,d 38.6 22.4 26.5 35.0 33.3 29.3 25.1 14.2 -10.2 Vacuum 1 Leq,d 20.9 -3.3 -1.0 2.5 0.9 8.7 16.8 18.1 -0.9 Vacuum 2 Leq,d 21.0 -3.1 -0.8 2.6 1.0 8.7 16.8 18.1 -0.9 Vacuum 3 Leq,d 22.3 -2.6 -0.3 2.8 1.8 10.3 18.2 19.5 0.3 Vacuum 4 Leq,d 25.4 -1.9 0.6 3.2 3.7 13.1 21.0 22.8 5.1 -30.2 Vacuum 5 Leq,d 26.5 -0.6 2.5 4.2 4.7 14.3 22.2 23.9 6.2 -29.2 Vacuum 6 Leq,d 29.6 3.0 7.4 7.5 7.6 16.9 24.8 27.3 11.8 -16.5 Vacuum 7 Leq,d 30.1 3.0 7.4 8.2 8.6 17.3 25.2 27.9 12.6 -15.8 Vacuum 8 Leq,d 29.4 3.1 7.5 8.3 7.8 16.4 24.3 27.1 12.2 -15.8 Vacuum 9 Leq,d 29.2 3.1 7.6 8.3 7.3 15.8 23.8 27.1 13.9 -13.6 Vacuum 10 Leq,d 16.0 -5.3 -3.6 -1.3 -4.0 3.4 12.1 12.7 -7.3 Vacuum 11 Leq,d 21.3 -5.6 -3.7 -1.1 -2.5 9.1 17.2 18.6 0.3 -35.6 Vacuum 12 Leq,d 25.1 -5.4 -3.4 -0.9 -1.3 12.9 20.8 22.5 4.5 -32.0 Vacuum 13 Leq,d 26.0 -5.0 -3.0 -0.7 1.4 13.9 21.7 23.4 5.3 -31.5 Vacuum 14 Leq,d 25.8 -4.3 -2.2 -0.4 1.5 13.7 21.4 23.2 5.3 -31.2 Vacuum 15 Leq,d 25.9 -2.1 0.6 1.2 2.0 13.8 21.5 23.3 5.5 -30.5 Vacuum 16 Leq,d 31.4 3.9 8.5 9.5 9.1 18.5 26.4 29.2 14.5 -11.7 SoundPLAN 8.2 MD Acoustics 1197 E Los Angeles Ave,Unit C 256 Simi Valley, CA 93065 USA 2 Exhibit I – Fresno Municipal Code Findings FRESNO MUNICIPAL CODE FINDINGS FOR DEVELOPMENT PERMIT APPLICATION NO. P22-01346 DEVELOPMENT PERMIT FINDINGS Findings per Fresno Municipal Code Section 15-5206 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: Finding a: The applicable standards and requirements of this Code. Finding (a) can be made for the following reason: Pursuant to Table 15-1302 of the Fresno Municipal Code (FMC), Automobile Carwash is permitted in the Light Industrial zone district “by right”, with an approved Development Permit. The project is conditioned to comply with the requirements for intensity and massing development standards in regard to minimum lot size, width, and depth; maximum floor area ratio; maximum height; and minimum setbacks from major streets as identified in FMC Article 13. As the project is zoned for Light Industrial uses, no specific provisions of the site design development standards or façade design development standards of the development code apply to the project. The project is subject to the landscape requirements of FMC Article 23. Property borders in industrial districts abutting other industrial districts are not required to be landscaped; however, the project proposes landscaped areas at the borders of the subject property. The project is required to comply with the parking standards of FMC Article 24. The project is required to meet the required location, development standards, access, surface standards, lighting, landscaping and shading, and circulation requirements of Article 24. The project is required to meet any relevant Performance standards of FMC Article 25. The project will be required to meet the sign code requirements of FMC Article 26. The project will be required to meet the requirements for Automobile/Vehicle Washing outlined in Article 27. Finding b: The General Plan and any operative plan or policies the City has adopted. Finding (b) can be made for the following reason: The proposed project complies with the goals, objectives, and applicable policies of the Fresno General Plan and McLane Community Plan, as well as with the planned land use designation of Employment – Light Industrial. Examples of relevant General Plan objectives the project is consistent with include but are not limited to: Objectives LU-1, LU-6, and H-1; and Policies LU-1-a, LU-6-d, and H-1-a. Finding c: Any applicable design guidelines adopted by the City Council. Finding (c) can be made for the following reason: The proposed project complies with all applicable objectives and policies for buildings and design contained in the Development Code and the Fresno General Plan. The site design and development standards for Employment districts, including façade design standards, do not apply to Light Industrial zoned properties. Given the conditions of approval, the project will meet all applicable standards and requirements of the development code, including FMC Articles 23, 24, 25, and 27. 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 reason: The proposal does not require approval of a tentative map, conditional use permit, or variance for approval. 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 reason: The proposed use is consistent with the Fresno County Airport Land Use Compatibility Plan (ALUCP). The project is within the boundaries of Traffic Pattern Safety Zone 6 of the Fresno Yosemite International Airport, which restricts non-residential use to no more than 300 persons per acre, hazards to flight, outdoor stadium, and similar uses of very high intensity. ALUC review is required for any proposed object taller than 100 feet above ground level. The proposed commercial use will occur within a vacant lot adjacent to the East McKinley Avenue corridor. Furthermore, the proposed building will be less than 25 feet. Therefore, the proposed project use and height are consistent with the ALUCP. Exhibit J – Parcel Map No. 81-27 Exhibit K – Cross Access & Parking Agreement ' . r y : w 0 -IL IL 0 C/l a: LtJ a ()j a 0 w [l! ~ t-z :J 8 a z ,n ---w 0: u. ____________ J TJtle Insurance & Trust Co. co ~ RECORDED IN OFFICIAL RECORDS OF Lr"'J FRESNO COU'ITY, CALI FOR~I ,._, C..:J 108566 AT .... -~ ... MIN. PAST__ ~ DlJ;EN1Jn1§~1 I ~p 00 f County Recorder J ~ et5 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AIRPORT VILLAGE This Declaration is made this 17+~ day of 1981 by Fisher Land Corporation, a California Peter Solakian and Ann Solakian, this December referred to as "Declarant". RECITALS ..... Nc___.._'-' ..... ~-------B-E_P_, ___ , corporation, and 7, 1981, hereinafter Declarant is the owner of certain real property located in the City of Fresno, County of Fresno, State of California, more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein, which real property is hereinafter referred to as "the real property". It is the intention of Declarant to impose upon the real p~operty the covenants, con- ditions and restrictions set forth herein. DECLARATION Now therefore, Declarant hereby declares that the real pro- perty shall be held, conveyed, encumbered, used, occupied and improved subject to the following covenants, conditions and restrictions, all of which are in furtherance of a plan for the development upon the real property of a condominium project and are established for the purpose of enhancing the attractiveness, usefulness, value and desirability of every part of the real property. All of the covenants, conditions, and restrictions shall run with the real property and shall be binding upon all parties having or acquiring any right, title or interest therein or thereto and shall be for the benefit of each owner of any por- tion thereof. Moreover, the real property described in Exhibit "A" and made subject to these covenants, conditions, and restric- tions is also subject to certain covenants, conditions and ~n restrictions aated ------~--=----~-.-----aAd £&Q05Q&d~ ~==========ra copy of which 1s attached as Exhibit "B", and 1s further, part of c&.r:taiA .r;Q~l pi:op&i:t~, aQaci:ibQg iR ~ i1HRibit "C", ,~kieR io subject to certain covenants, conditions and restrict ions dated ,1111 v 1 7 . 1 o ""1'-=> and recordPn , /, ') /7? . ---I -.. I t ( <: ---------------r { --{ , __. -, a copy of which is attached hereto as Exhibit "D". Section 1. Definitions. "Association" means the Airport Village Owners' Association, a California non-profit corporation, its successors and assigns. "Board" means the Board of Directors of the Association. "Common Area A" means all of Parcel "A" of the real property except all units shown on the condominium plan for Parcel "A". "Condominium" means an estate in real property as defined in California Civil Code Section 783, consisting of a fee interest in a unit shown and described on the condominium plan for Parcel "A", and an undivided interest as a tenant in the Common Area of Parcel "A" and all easements appurtenant thereto. "Condominium Plan" means the condominium plan recorded pur- suant to California Civil Code Section 1351 for the development of Parcel "A" and any amendments thereto. "Deed of Trust" means a deed of trust or a mortgage encum- bering a condominium or other portion of the real property given as security for the performance of an obligation. "Member" means every person or entity who holds a membership in the Association. -1- r- ~ ~ j ;; , 8 ! a z m i , "i ' ·i . ; i ; ,· i ~ t ! [ ~ ~ :. ., t ,: ) t l: I ,· ' ' ~ ! .c. ,, $ : ,· ~ C I ' 1 I I I 1. 1· . ' ,; ' ' } I '· i II," i •· ! ,, f t i . 0 } ' ' i ' } { ~ t "Owner" means each person or entity holding a free-hold estate in a condominium located in Parcel "A". If more than one person has an interest in a freehold estate in a condominium by reason of division of the ownership into undivided interests or for any other reason, all of such persons shall be regarded collectively as the Owner of the condominium. "Parcel A" means that portion of the real property more par- ticularly described on Exhibit "A" attached hereto and by this reference incorporated herein. "Security holder" shall mean the beneficiary under a Deed of Trust. "Unit" means the elements of a condominium that are not owned in common with the other owners of condominiums. Each unit is designated as such on the Condominium Plan for Parcel "A". Section 2. Each owner of a condominium within Parcel "A" shall own his respective unit, a membership in the Association, and that undivided fractional interest in Parcel "A" the numerator of which is equal to the square footage of the unit owned by such owner and the denominator of which is equal to the total square footage of all units within Parcel "A". The exact square footage of each unit within Parcel "A" has not yet been determined. After all units within Parcel "A" have been constructed, and the square footage of each unit has been determined, the President and Secretary of the Association shall execute, acknow- ledge, and cause to be recorded a schedule setting forth each owner's respective undivided fractional interest in Parcel "A". In addition, each owner of a condonimium within Parcel "A" shall have a non-exclusive easement of use and enjoyment in, to and throughout Common Area A and for ingress and egress through Common Area A. Such easement shall be appurtenant to and pass with title to each unit. Such easement shall be subject to the right of the Association to adopt rules and regulations con- cerning the use, maintenance and enjoyment of the Common Area. Section 3. Use Restrictions. (a) Each unit is intended to be and shall be used for commercial sales or services commonly found in shopping cen- ters and fer no other purposes. The Declarant and every unit owner by the acceptance of the Unit Deed and their heirs, successors and assigns, cove- nant that they will faithfully observe all the terms, covenants and conditions wherever imposed in the condominium documents. Each unit owner, his heirs, successors and assigns, further covenant that: (i) He will not use, cause, or permit the units to be used other than as provided in the condominium documents, nor will he use, cause or permit the unit to be subdivided, changed or altered without first having obtained the written approval of the Association, (ii) He will not use, p~rmit, or allow the unit or any part thereof to be used for an offensive or unlawful purpose, nor will he permit or allow any nuisance within the unit7 and (iii) He will not use, permit or suffer the unit to be used for conduct of any business of substantially the same character and type as a business which is then being conducted in another unit without the prior writ- ten consent of the unit owner of such other unit or a two-thirds majority vote of the members of the Association. -2- >· .... z ' ::,; 0 . Oi } o; 2; Cll '. w· Ir: lL --11 BOOH 7828 IW,E 568 (iv) He will not alter, modify, reconstruct or do anything to any party wall or to any plumbing, electrical or mechanical fixtures located along such wall which will impair the integrity of the wall as a fire separation without the review and approval of the City of Fresno building official. Section 4. Maintenance. (a) Each owner of a condominium shall be responsible for maintaining his unit, including the equipment and fixtures in the unit and its interior walls, ceilings, floors, windows and doors, in a clean, sanitary, and attractive condition. (b} The Association shall be responsible for all main- tenance and repairs not expressly imposed upon Owners pur- suant to paragraph (a) hereinabove. Such duties shall include, but shall not be limited to the following: exterior painting, structural repair, paving, landscaping, sign pylon main- tenance, maintenance of all sewer, water and storm drainage lines within Parcel "A", and maintenance of the Common Areas as the Association shall determine to be necessary and proper. Sections. Signs. No neon or internally lighted sign nor any rotating, moving, or flashing sign shall be placed on any portion of the Common Area. Signs may only be illuminated by means of indirect footlights. No sign shall be painted on any exterior wall of any building. All signs and displays must be specifically approved in writing by the Association in advance of construction. No more than one sign per unit shall be allowed. A sign criteria statement is attached hereto as Exhibit "E". Section 6. Parking. Parking areas of the real property may be used by all Owners and their tenants, sub-tenants, customers, clients, patients, visitors and other licensees and invitees. Use of the parking areas shall be subject to such reasonable parking rules and regulations as may be adopted from time to time by the Association. Section 7. Improvements. No building, addition, wall, fence, antenna or alteration shall be constructed, maintained, or permitted to remain on any unit or on any portion of the Common Area. until comolete olans and soecifications of the nronosed . ---. --~ -~ work have been submitted to and approved by the Association. The Association shall review all such plans and shall base its appro- val or disapproval of such plans upon the adequacy of the struc- tural design, the compatibility of the proposed external design with the condominium plan and the conformity of the proposed improvement to applicable zoning and building code ordinances and regulations. Nothing herein contained shall limit an Owner's right to divide or arrange the interior of any unit in any manner that does not affect the exterior dimensions, structural integrity, or appearance of the building. Section 8. Membership in Association. (a) The management body of the real property shall be the Association. (b) Each Owner of a condominium shall be a member of the Association. There shall be no other qualifications for membership. (c) Except as provided in paragraph (e) of this section, an Owner's membership in the Association shall cease upon the termination of his status as an Owner. (d) An Owner shall be relieved of liability for assessments which payments fall due after the termination of his status as an Owner. -3- • . bl -; -. t 0 ' -IL IL 0 : CD ·-.f I[ ; w , 0 I ' ' 0: 7 0 0 w j 0: :; :- _; >-~ ' I-z :J 0 0 • 0 ; < • z (0 w 0:: IL --.. BOOM 7828 Mri 569 (e) An Owner may not avoid his obligations under this Declaration for so long as he remains an Owner, and specifically, but without limitation, an Owner may not avoid his obligations to pay assessments by the abandonment of his condominium. Section 9. Votin~ Righjs~ The voting rights of the Owners under this Declaration an 1n the Association shall be determined as follows: Declarant shall retain all voting rights until the earlier of: (a) The date upon which record title to all units of the condominium project has been conveyed by Declarant to purchasers; (b) Two (2) years from and after the first date upon which Declarant conveys record title to any unit to a purchaser. Thereafter, each Owner shall have one Cl) vote for every ten (10) square feet of area of the unit or units owned by such owner. After all the units have been conveyed by Declarant to purchasers, the President and Secretary of the Association shall execute, acknowledge, and cause to be recorded a statement reflecting the total number of votes outstanding and their allocation among ·the units. Section lOc Actions by the Association. Whenever this Declaration provides for action to be taken by the Association without specifying that the vote is to be by the Directors or the Owners, the action may be taken pursuant to a resolution adopted: (a) By the Board of Directors as provided in the By-laws of the Association; or (b) By the vote or written consent of Owners entitled to cast more than one-half of the outstanding voting power of the Association. Section 11. Maintenance Fund Assessments. Maintenance fund assessments will be as follows: (a) On or before December 31 of each year, the Association shall estimate the cash required to meet the net charges to be paid during the next following year by the Association in the exercise of its powers in the performance of its duties (including a reasonable reserve for deferred repairs, replacements and other contingencies less any surplus from the prior year's fund). Said estimated cash requirements shall be apportioned among and assessed to the owners in proportion to the relative square footage of each unit held by each owner. (b) The Association may change the appointment of assessments among the owners from time to time during each assessment year to take into account changes in the total square footage of units occurring by reason of the completion and sale of condominiums during the course of the year. The reappointment, if it is made, shall be made so that the assessment payments falling due in the remaining part of the year are allocated among the owners in proportion to the square footage of all units at the time of reappointment. (c) If the estimated cash requirement proves inadequate for any reason, including, but not limited to, non-payment of any assessment, the Association may at any time levy a further assessment, which shall be assessed to the -4- .. I ' ' ' ' 0 ,z (I} (J ir IL, t ' ' f, 1 1 1 : ~ ,: J ' ' I t ,, t .. ' ' 1, i : BOOK 7828 PAGE570 owners in proportions as provided in paragraph (a) of this section unless otherwise provided in this Declaration. Each owner shall be obligated to pay assessments made pursuant to this section to the Association in equal monthly installments on or before the first day of each month during the calendar year, or in such other reasonable manner as the Association may designate. (d) In the event the Association fails to estimate the net charges to be paid during a calendar year on or before the next preceding December 31, the assessment for each calendar year shall be in the amount of the assessment for the next previous calendar year, but only until such time as new assessments are fixed by the Association. (e) The maintenance fund, including any funds held in the reserve for contingencies or deferred, major expenditures, shall at all times be held, disbursed and admin- istered by the Association and its authorized officers and agents, in trust, exclusively for the benefit of the owners. The beneficial interest in the maintenance fund shall be owned by the owners in proportion to their voting rights and shall only be transferred by a transfer of the owner's condominium, and reductions of the maintenance fund pursuant to Association order, including, but not limited to, reduc- tions upon a termination of the Association's functions, shall be made by disbursement to the owners in the same proportion. Section 12. Enforcement of Assessments. Each assessment made against the owners pursuant to this Declaration shall be separate, distinct and personal debt and obligation of the owner against whom the same is assessed. If the Association resolves to make any assessment a lien against the owner's condominium, it may do so by recording and delivering to each affected owner a Notice of Lien for Assessment signed by any two officers or any three directors of the Association. Each such notice shall set forth with respect to each condominium affected (i) the identity of the condominium; (ii) the amount of the assessment; (iii) the dates when payment is due, and how much of the assessment is due on each such date; (iv) that the assessments were madG nnd the notice recorded pursuant to this Declaration; and (v) that the assessments set out in the notice is a lien against the condominium. In the event any owner is in default in the payment of any assessment, the Association may give notice to that owner specifvinq the default and stating that if the default is not cured within the time stated in the notice, which must be at least ten days from the date of the notice, the Association will exer- cise its remedies under this Declaration. If the default is not cured within the time specified in the notice, in addition to such other remedies as may be allowed by law, the Association may ptoceed as follows: (a) The Association may declare all remaining assessments for the calendar year then outstanding against the owner immediately due and payable, regardless of the payment schedule called for by this Declaration or the notice of assessment for the calendar year by the Association. (b) The Association may sue any owner in default for the amount of the default, and the amount of assessment declared immediately due under paragraph (a) of this section. Any judgment rendered in any such action shall -5- t i r .. BOOK 7828 PAGE571 include, except where forbidden by law, interest at the rate of ten percent (10%) per annum from the date of default or default in payment of the assessment and all costs incurred in obtaining judgement, including, but not limited to, a sum for reasonable attorneys fees. (c) ~he Association may record a notice of lien as pro- vided in this section if it has not already done so. The lien established by the recorded notice of lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a mortgage or deed of trust under power of sale. In the event foreclosure is by action in court, interest and reasonable attorneys' fees shall be allowed as provided in paragraph {b) of this section. In the event foreclosure is under power of sale, the Association shall designate a person to act as the agent of the Association in conducting the sale and shall be entitled to expenses and such fees as may be allowed by law or by prevailing custom in the community at the time the sale is conducted. Section 13. Certificate of Assessment. A certificate executed and acknowledged by any two officers or any three direc- tors of the Association setting forth the amount of any due and unpaid assessments with respect to any condominium shall be conclusive upon the Association and the owners as to the amount of such unpaid assessments on the date of the certificate, in favor of all persons who rely on the certificate in good faith. Such a certificate shall be furnished to any owner or any security holder or prospective security holder upon written request to the Association, without charge by the Association. Section 14. Mort!age Protection. Any lien recorded pursuant to Section 12 sha 1 be subordinate to all other liens and encumbrances recorded prior to the recordation of the claim of lien described in said section, and shall be prior to all other liens and encumbrances. (a) No amendment to this section shall affect the rights of a holder of any recorded lien or encumbrances recorded prior to recordation of such amendment, unless the lien or encumbrance holder joins in th~ ~xecution of the amendment. (b) In the event a lien or encumbrance that is prior to a lien for unpaid maintenance fund assessments is enforced by judicial foreclosure, sale under power of sale or other valid procedure for terminating the ownership interest of the owner of the subject condomini~~: ~ll maintenan~~ fund ~AAAAArnAn~ liens against that condominium shall expire when the owner's interest is terminated of record, and thereafter only the following assessments shall be valid against the subject parcel: (i) The amount determined by multiplying the current annual assessment bv a percentaae determined bv dividing three hundred sixty-five 365 into the- number of days remaining in the calendar year after the date of such termination1 -6- ' ?\:~·.:. ~~ .. UI 0 -.... ; I,_ , O· ( Cl! ~ I[: fW 0 { 0: ' ' BOOK 7828 PAGE 5 72 (ii) Assessments assessed after such termination, except for any part thereof that is to cover or make up for any deficiency in the maintenance fund resulting from the failure of the owner whose condominium was the subject of such termination to pay assessments assessed prior to such termination. Section 15. Delegation to Manager. The Association may employ a manager to perform any of the duties, powers or functions of the Association. Not withstanding the foregoing, the Association may not delegate to the manager the power to conclu- sively determine whether the Association should make expenditures for capital additions or improvements chargeable against the maintenance fund. The members of the Board of Directors of the Association shall not be personally liable for any omission or improper exercise by the manager of any duty, power or function delegated to the manager by written contract between the manager and the Association. Section 16. Right of Entry. The Association or its agents may enter any unit when necessary in connection with any maintenance, landscaping or construction for which the Association is responsible or for the enforcement of this Declaration. The City of Fresno has the right to enter the com- mon areas and/or any unit at any time when necessary to preserve the public welfare and safety of the citizens of the City of Fresno. Section 17. No Partition. Except as provided by Section 1j54 of the Civil Code of the State of California, there shall be no judicial partition of the real property or any part thereof, nor shall Declarant or any person acquiring an interest in the real property or any part thereof seek any judicial partition; provided, however, that if any unit shall be owned by two or more persons as tenants in common or as joint tenants, nothing herein contained shall be deemed to prevent a judicial partition as between such co-tenants. Section 18. Insurance. The Association shall carry public liability and property damage insurance which shall name as insured, as their interest may appear, all owners and tenants within the Real Property. The insurance shall have limits of liability of not less than $500,000 with respect to injury or death to one person, not less than $1,000,000.00 for injury or death of more than one person in any one accident, and not less than $100,000.00 with respect to property damages. Any such policy shall provide for not less than thirty (30) days advance written notice to the owners of the effective date of can- cellation thereof. Any such insurance policy shall be primary and noncontributing with any other insurance which may be carried by any owner or tenant within the real property. Such insurance shall cover all Common Areas with the real property, including driveways, parking areas and pedestrian walkways. The Association may increase the limits of any policy pursuant to this section in the discretion of the Association. The Association shall also maintain a policy of standard fire and extended coverage insurance for the full insurable value of all improvements to the real property. Such policy shall name the Association, the owners, each security holder, and declarant, as their interests may appear, as additional insureds. Such policy shall provide for not less than thirty (30) days advance written notice to the owners of the effective date of cancellation. -7- ' ·- I, w 0 -h. ' la.. ' 0 ; j (I) ' ' 0: • w 0 0: O· 0 W: 0:: }' I-z :> 0 0 0 z (I) w 0: LL .. _..._ •·· ---------~---- BDDH 7828 B16E 5 73 Section 19. Rebuilding or Repair. If improvements to the real property are damaged by fire or other casualty and said damage is limited to a single unit, all insurance proceeds shall be paid to the owner or owners, mortga- gee or Security Holders of the owner or owners, as their respec- tive interest may appear, and such owner or owners, or Security Holders, bhall use the same to rebuild or repair such unit in accordance with the original plans and specificications therefor. If such damage extends to two or more units, or extends to any part of the Common Areas: (a) If the available insurance proceeds initially offered or paid by the insurer are equal to or exceed eighty per- cent (80%) of the cost of rebuilding or repairing, such insurance proceeds shall be paid to the Association. The Board shall thereupon contract to repair or rebuild the damaged portions of all Units and the Common Area in accordance with the original plans and specifications therefor, and the insurance proceeds shall be used for this purpose. It the insurance proceeds are insufficient to pay all of the costs of repairing or rebuilding the Board shall levy a special assessment in proportion to the original square footage of each unit in an amount equal to the estimated deficiency. (b) If subparagraph (a) is inapplicable, then: (1) All unsurance proceeds shall be paid to the Association, or to such bank or trust company as may be designated by the Association, to be held for tbe benefit of the Owners and their Security Holders as their respective interest may appear. (2) The Board shall obtain firm bids (including the obligation to obtain a performance bond) from two or more responsible contractors to rebuild the damaged improvements in accordance with the original plans and specifications and shall, as soon as possible thereafter, call a special meeting of the Owners to consider such bids. If the Board fails to do so within sixty (60) days after the casualty occurs, any Owner may obtain such bids, and call and conduct such meeting as herein provided (failure to call such meeting or to repair such casualty damage within twelve (12) months from the date such damage occurred shall be deemed for all purposes a decision not to rebuild said building). At such meeting~ the owners may be sixty-six and two-thirds percent (66 2/3%) vote elect to reject all such bids and thus elect not to rebuild, Failure to reject all bids shall authorize the Board to accept the unrejected bid it considers most favorable, (3) If a bid is to be accepted, the Board shall levy a 5pecial assessment in proportion to the original square footage of each unit to make up any defi- ciency between the total insurance proceeds and the contract price for such repair or rebuilding. If any Owner shall fail to pay the special assessment within thirty (30) days after the levey thereof, the Board may make up the deficiency of such payment from the maintenance fund, Upon receiving payment of such assessment, the Board shall let the contract to the successful bidder1 -8- \! {/J ; a: ( w , t a 01 a 0 Id O! >-I-z :J / 8 ;. a z (I) ' fa] ~ IX: u. i J J ' . i ~ ~ .., ~ --------::. , BOOK 7828 PAGE 5 7 4 (4) Upon an election not to rebuild, the Board, as soon as reasonably possible and as agent for the Owners, shall sell the real property, in its then condition, free from the effect of these Restrictions, which shall terminate upon such sale, on terms satisfactory to the Board. The net proceeds, and all funds held by the Association, shall thereupon be distributed to the Owners in proportion to the square footage of each unit owned by each owner, and to the Security Holders of the interest of the Owners, as their interests may appear. (5) If the Owners decided not to rebuild, either by calling a meeting and rejecting all bids presented or by failing to call such a meeting and failing to repair such damage within twelve (12) months after the damage occurs, then the Board shall record a sworn declaration setting forth such decision and reciting that under the provisions of these Restrictions the prohibition against judicial partition pro- vided for in Section 17 hereof has terminated and that judi- cial partition of the real property may be obtained pursuant to Section 1354 of the Civil Code of the State of California. Section 21. Pro1erty Taxes. To the extent allowed by law each condominium shal be separately assessed and taxed and each owner shall pay the taxes assessed against his condominium and personal property. Section 22. Financial Statements. The Board shall cause to be prepared a balance sheet and operating statement for the Association as of the end of each calendar year. Each operating statement shall show for the period since the last operating statement the expenses and receipts of the Association and a schedule of assessments received and receivable itemized by condominium and by the name of the owner assessed. Each operating statement shall also reflect the cash received, cash expenses, and reserves relied upon by the Association in fixing assessments for the ensuing calendar year. Copies of the finan- cial statements shall be prepared and made available to the owners within sixty (60) days of the statement date. Section 23. Exercise of Ri~hts bt Common Owners. Whenever title to a condominium stan s inhe name of two or more no...-ci"no +-h.o 1,n+-.0 """ ,,,,..; +-+-on """"qon+-r1F "'!11.-,h Y'\Ar>"'"'"'C'! ~"' """" "'''""'"'"" t:''-• W\,,,,,,,r••w I '-••~ V '-' ._,._ '-'• ff• .. """'-'-•• '-''-'••..,'-'••'-'"'.&.. """'""'-'ii J:''-A. "-'""II._, "'41wf ""II Vffll'--1.. shall be given in accordance with the vote or consent of the majority of such persons. If less than all such persons are present, in person or by proxy, at a meeting of the Association, the person or persons present shall be counted as an owner and member for purposes of determining a quorum, and on all votes taken at said meeting their vote shall be entered as the maioritv of such persons present may direct. This section applies to - voting and consenting by two or more administrators, executors, trustees or other fiduciaries, unless the instrument or court order appointing them and on file with the Secretary of the Association otherwise directs. Section 24. Creation of Easement. In addition to ease- ments and rfghts~of-way already exis~fng, ·easements, rights-of-way, profits, licenses and other rights to use the Common Areas, including but not limited to, public utility and cable television easements, may be conferred or conveyed by a deed or other document signed and acknowledged by at least a majority of the directors upon the vote or written consent of the owners entitled to exercise at least two-thirds (2/3) of the total voting power of the Association. -9- ' . ~ . ' "• bJ ' 0 -IL h. i 0 ~ :! CD .; .. , a: t W' i ol '! ([! ,, 0 • ' 0 w ' 0: ! ' >- i ~: j z: < ::>i O' ' ol .\ I o; f Z! ,ni > .... , '· w, l 0:r 1 IL . ' ' BOOH 7828 PAGE 5 75 Section 25. Amendment or Rescission. (a) Declarant shall have the right to amend these restric- tions for any purpose for a four (4) year period commencing with the date of the recording of these restrictions • (b) Subject to the provisions of Paragraph (a) above, the provisions of these restrictions may be amended or rescinded by a vote of the owners having two-thirds (2/3) or more of the voting rights of the Association. (c) Any amendment or rescission of these restrictions shall take effect upon the recordation at the office of the County Recorder of Fresno County, California, of an instru- ment in writing signed and acknowledged by any two officers or any three directors of the Association certifying under penalty of perjury that the amendment or rescission was duly adopted as provided by the terms hereof. (d) Upon thP-rP-s~i~~inn of thes~ r~strictions; the Association shall distribute the property of the Association to the owners, as tenants in common, in proportion to the voting rights immediately prior to the rescission. (e) Any amendment by the Association to any provision required by the City of Fresno must be with the prior written consent of the City • Section 26. Attorneys' Fees. In any action brought by an owner or the Association to enforce the provisions hereof, whether legal or equitable, the prevailing party shall be entitled to reasonable attorneys fees as determined by the court. Section 27. Utility Charges Not Assessed Against Unit Owners. In the event utility charges are not separately metered or charged to individual unit owners, the Association shall pay such utility charges and said individual unit owners shall be liable therefor under the terms and conditions of this Declaration. Section 28. Severabilitt. The provisions hereof shall be deemed independent and severab e, and the invalidity or par- tial invalidity or unenforceability of any one provision or por- tion thereof shall not affect the validity or enforceability of any other provisions hereof. Section 29. Failure of Enforcement Not a Waiver. Failure to enforce any provisions hereof shall not constitute a waiver of the right to enforce said provision or ~ny other provi- sion hereof. Section 30. Personal Propertye The Association may acquire tangible and intangible personal property for the benefit of the owners and may dispose of the same or otherwise. The beneficial interest in such personal property shall be owned by the owners in the same proportion as their respective votina rights determined pursuant to Section 9 hereinabove, and shall not be transferrable except with the transfer of a condominium. A transfer of a condominium snall transfer to the transferee ownership of the transferor's beneficial interest in such per- sonal property. -10- ' j I I I I II • • BOOK 7828 PAGE 5 76 Section 31. Titles of Sections. The titles of the sec- tions of this Declaration are for the convenience of the reader only and no presumption or implication of the intention of the parties as to the construction of this Declaration shall be drawn therefrom. IN WITNESS WHEREOF, Declarant has executed this Declaration of Restrictions on the day and year first above written. STATE Of'fiOFORNIA, FISHER LAND CORPORATION, a California corporation By:~c/.~~e. Lr uy R. Mc~Presfcrerit " ,-...._ ,jJ~~- Peter Solakian Ann Solakian ---- t ss. Fresno , COUNTY Of ______________ ON.___________ November 16, 19 ~. OFFICIAL SEAL JOY A. Del VECCHIO NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN -· , FRESNO COUi~,; ' ' before me, the undersigned, a Notary Public in and for said State, personally appeared Guy R, McComb , known to me to be the President ofthe Fisher Land Corporation the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged &.-__ •L-&. -••-L /\ ___ .., __ ,L: __ --·--·-.&.-..J "-~---.c..,,..,-. iu Ilic tiidl ;101,ll \IOipui ClllUil CACt;UtcU tnc ~nn::. ----------· WITNESS my hand a~~I. , \ ( JhAi D ~-~, \Jo cc~; 0 -:::;;~~_.;..-t--=-...;....,-~---iF-"..a.---......:;:::::::~-- 1 Notary Public in an fo, said Stat,. ACMOWlEDIMENT--011,e,1tl1N1-W1lcott1 Fora llt-1!!_:__!'~-____ _ _ ___ _ TATE OF CALIFORNIA ) • TITlE INSURANCE ANDTRUST A TICOR COM~Y II ;;:EV4~d::;;•741 rn, ,,._,'T'v nu Fresno ~ ss. I t ., . ~:_.., ~ ~-• • ;~C~ffiP~. ~ ~ 7_ .1 --19 SJ -----. 1 before me, the undersigned, a Notary Public in and for said ~ State, pen,onally appc1ueJ __ Pe_t_ er·-s··o-l ___ a_ k·i-_a_n __ a ___ n_ d___ --. ·---' @n Solgkign, hq5-band gfid s wife --. --------__ -_-_-_,·-.. ~ _____ __ , known to me E to be the perso~ __ . whose name_,S a_!'.'~ _ subscribed ~ to the within instrument and acknowledaed that. tb~y I executed the same. f WITNESS 11 hand and official -~eal. I s,L-1ct~Jt~~ J OFFICIAL SEAL JOY A. Del VECCHIO NOTARY PUBLIC CALIH'l~NIA PRINCWAL on ,er:. 1N FRCSNO COL,'l I 't Mv Comm1ss1011 l>.p11os Juno I. l98t' ~ -~TT~ (l'hl8 art111 fur olllcial notarial »eal) .. i ! I I! II ~ ? 1 ~ ~ :i ~ ~ A ~ 1 ~ fil J j fu ll ,, ! . \ ,. { I I I I I I WIL,!50N",H, HANNA IV RCE·27.t7 WILSON H. HANNA Ill LS-2121 WILLARD D. CSKIP'J TULLOCK II RCE-21771 • j ~ ... ~t;;i-~i~~~~ ,:t,/±l, J. 'j'j!,J I ·•l!iz:ftJ., .. , . . --~~•:;<''. ~ ......... ~ ~ -~;.~,, .... ~ ,._~ .... -.... jy: • 800H 7828 ,. 5 77 HANNA & HANNA, INC. ENGINEERS, SURVEYORS & PLANNERS TELEPHONE 209 · 445·t 0•1 EXHIBIT A Parcel A of' Parcel Map I'1 n. 81-27, in the City of' Fresno, County of' Fresno, State of California, according to the map recorded DEC 141981' 1981, in Book JI of Parcel Maps at pages , + '1 , Fresno County Records. w. o. 81-179 a, .. a, ......... .. IIXhibit :I 1· i ~ r • ,. r ,. t ' ? '.! ' C .; ,· ' i ,· ' _f'"., ... w ,:-- 0 ii LL 0 CD 0: w 0 (I 0 0 w (I ~ , I-z ::J 0 0 0 z ,n w w It IL i 1 i .. 1 l 1 f ' l i f i j . l I ~ ' ' ' } I t: 1 ' ! } \ i ·1 tJhon 'Do,...nrAo~ 'Do+-••.... .,_ ""• ••••""""•• •''-"'--''-'•~"'-'-' £'-'-'-' .... ~II \.Ve Michael Lee Condry, Esq. Fisher Land Corporation 4974 East Clinton Way, Suite 107 Fresno, CA 93727 DECLARATION OF RESTRICTIONS REGARDING NON-EXCLUSIVE COMMON PARKING AND ACCESS BOOK 7828 PAGE 5 78 WHEREAS, Fisher Land Corporation ("Fisher") is the owner in fee simple of that certain real property located in the City of Fresno, County of Fresno, State of California, known as Lot 31, Tract No. 2605, more completely described in Exhibit "A", a copy of which is attached hereto and incorporated herein by this reference; and WHEREAS, Fisher is the long-term ground lessee of that certain real property located in the City of Fresno, County of Fresno, State of California, known as Lot 32, Tract No. 2605, more completely described in Exhibit "B•, a copy of which is attached hereto and incorporated herein by this reference1 and WHEREAS, Fisher desires to parcelize Lots 31 and 32 into two new parcels, Parcels "A" and "B" as shown on Tentative Parcel Map No. 81-27, a copy of which is attached hereto as Exhibit "C" and herein by this referGnce; and WHEREAS, Fisher desires that the developments upon Parcel "A" and Parcel "B" be operated as a unified complex: and WHEREAS~ a portion of Parcel "A" has been developed with a parking lot and a portion fo Parcel "B" shall be developed with driveways for ingress and egress for persons and vehicles. The reference to "existing parking" shall hereinafter mean all of Parcel "A" and all of Parcel "B", excepting therefrom, that por- tion of Parcels "A" and "B" improved or to be improved, with building and appurtenances thereto, and WHEREAS, the City of Fresno had required that, in order for said Tentative Parcel Map No. 81-27 to become final, and said parcelization of the property affected, a right of non-exclusive common use and enjoyment of said existing parking area must be -1- ~ Exhibit B ,l . • • I t ' .. '" 1 :~ I . ~ ' ,, ., ' ~ ~ i t ' .. .. ) .. , t " ,, 2 m -a: w a II: 0 0 w ll > J-z :) 0 0 0 z "' wl u: IL I I I I I -, :~ ,. ~ ;• ;.., ,c-. :-~ BOOK 7828 PAGE 5 79 created in favor of, and appurtenant to, Parcels "A" and "B"; and WHEREAS, it is the intent of Fisher that this Declaration of Restrictions Regarding Non-Exclusive Common Parking and Access ("Declaration") shall establish the non- exclsive common rights and use of enjoyment which rights shall be appurtenant to Parcels "A" and "B" and further that this Declaration shall establish the rights, obligations, and duties of the respective owners of Parcels "A" and "B" with respect to such common use and enjoyment of the existing parking area; NOW THEREFORE, in order to affect such desires and intentions, the following restrictions are declared with respect to Parcels "A" and "B" of the property; 1. 2. 3. The non-exclusive and common right to use and enjoy that area described as the "existing parking" for the purpose of vehicular and pedestrian ingress and egress and the parking of motor vehicles shall be and hereby is a right appurtenant to Parcels "A" and "B" as shown on Exhibit •c•. The non-exclusive and common right to use and enjoy that area described a the "existing parking" shall benefit the owners of said Parcels "A" and "B", their customers, invitees, licensees, tenants, lessees, subtenants, concessionaires, officers, employees, agents and any other persons coming onto the said existing parking area in connection with or incidental to uses being made of Parcels "A• and lln ft u • The respective owners of Parcels "A" and "B" shall have the obligation and duty to repair, replace, manage, operate, procure public liability insurance -2- \,, __________________________________ .. _________ __, .. j ,ni ;: r -a: •' ~ laJ ' 0 ' ~ It f 0 " ,,; 0 \ w 0: -, ,> ~ < 1-, ; ~I 0 io 0 ', z 1ft WI '~ :. lL ' I j I I I I • BOOH 7828 PAGE 580 on, and maintain in good and useful condition for themselves, their successors and assigns all por- tions of the said existing parking area located on the property. The allocation of expenses with respect to said obligation and duty shall be based on the fractional interest each parcel owner has in the common area wherein the numerator shall be equal to the square footage of the unit owned by such owner and the denominator shall be equal to the total square footage of all units within Parcel "A" and the unit to be developed within Parcel "B". The breach by any respective owner or such owner's heirs, successors, or assigns of such owner's obli- gations and duties hereunder shall entitle the remaining owners to take such action, including commencement of legal proceedings as may reasonably be necessary to mitigate, abate, remedy, correct, or enjoin any such breach. (4) Nothing herein contained shall alter or affect the obligation of the respective owners of Parcels "A" and "B" to oav all real property taxes and other public impositions with respect to their respective parcels. (5) Respective owners of Parcels "A" and "B" shall be permitted to claim, for purposes of complying with any municipal offstreet parking requirements, any such parking spaces on either Parcel "A" or "B" to effect compiiance. (6) Notwithstanding the above, nothing herein contained shall be construed to require the owner of Parcel "B" to provide parking stalls for the use by owners of Parcel "A", their customers, invitees, licensees, tenants, lessees, subtenants, concessionaires, officers, employees, ··agents, and any other persons -3- ~-------------------------------------J ~ ,n i i I I I I I • I t I .. coming onto said existing parking area in connec- tion with or incidental to uses being made of Parcels "A" or "B". In fact, it is anticpated and understood that, following the development of Parcel "B", Parcel "B" will not support any parking stalls, and it is for this reason the Declaration herein creates rights in the owner of Parcel "B" to use the available parking existing in and around Parcel "A". It is intended, however, that Parcel "B" will be developed with areas available for ingress and egress for persons and vehicles, and it is with this right that the owners of Parcel "A", their customers, invitees, licensees, tenants, lessees, subtenants, concessionaires, officers, employees, agents, and any other person may share. (7) The rights, duties, restrictions, and obligations established and imposed by this Declaration may be terminated or amended at any time by the mutual agreement of the owners of Parcels "A" and "B"1 provided, however, that no such amendment or ter- mination may occur without the written consent of the City of Fresno or its successor. IN WITNESS WHEREOF, Declarant has executed this Declaration of Restrictions on the day and year first above written. -4- FISHER LAND CORPORATION, a California corporation --• .-c By: ~'#_.4"~ Guy R. McComb, Pre¥ient ~1.k;,.~ Peter Solakian ~l J !d. {~ ~ '.";_!,_ ___ _ Ann So ak1an .. \ .. J ' I II 1l g ,. i l ,, ... sme OF atffORNM; · ---_: ~. -------·i--· --. . ---- "'!" • ~'± I ~ -t ~i. ~~drCt·-~ ..._. . • . ~ . -~~ • : N-\ BlXJH 7828 Mr.f 582 I E 1 - 1 11 ' ss. COUNTY OF \ -------------ON Novembe_E._17 .. ----· _ _, 19J!.!__, Fresno I II ' I Ii ) l OFFICIAL SEAL -~ ... ~ ....... JOY A. Del VECCHIO NOTARY PUBLIC· CALIF~RNIA PRINCIPAL OFr1CE IN FRESNO COU NTV before me, the undersigned, a Notary Public in and for said State, personally appeared ------=G.-.u,.y R. McComb ____________ , known to me to be the _________ he.si.dent _ ----·-. __________ _ of the Fisher Land c_orpor?tion the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. -~-t.A11 rnmm1c:c:1on E:xo1res June l, 1982 l, •· =, ;::. ;-;·;;,-,, .-., ..... , , .• ~ ~ ......... •'•I ., ,, '11 I IL iliiMiiffl.tiiiiitiii-i;vr~i•ii...--nv~ ... i r .. .;; :::-: ••. !-~ l '1'0 1944 CA I 8 74) f (Individual) l ~STATE OF CALIFORNIA /couNTY OF _ Fresno . on D~c~mber 7 , 1981 } ss. • Till.EINSURANCc AND TRUST A TICOR COMPt\NV before me. the under~igned, a Notary Publi1.: in and for ~aid I f. State, personally appeared. P~ter Solakian and Ann Solakian, husband and wife·, LtJ ~ :z: ~ t~-~ ;h~ -per~on S whose name S are 'kn::b:;~b:: 1 ~ to the Y.ithin instrument and acknowlellged that they I . cxe 1 c~ated the same. + W ·1 NESS my hand and official seal. ~(~ C:. ~,1~ OF f ICl-'l f,l AL JOY A Dal VECCHtO NOTARY i1u0uc CALIFORNIA PRINCIPAL OFf tCf. IN FRESNO COLIN fY M Comm1ss1011 bpHl.l~ June l. 1982 y . . -~~·~ --r ~~ --- I l'hls 111e11 to, ollkiul no1arl11I ~tial) --·, • • \ I I' ii 11 I I !1 II I! ,1 ii 1' I I i j ~ ;j '~ {: 1 ' ' l ~ ,i j '· ": ~ ~ .. ~ ~ 't . f ' \, ' ' ' •. ~ ' C ~. 1 ;:_ . -' , i .j ' I a, ar· Id 0 m 0 0 Id 0: > I-z :J 0 0 0 z "' w laJ It ta. :1 .. :.... "' .... u_~~... . J.'± ·' -~ < ".t~ Ii .,, •• ;;:, ::, j BOOM 7828 PAGE 583 The land referred to herein is described as follows: THE SOUTH 250 FEET OF LOT 31 OF TRACT NO. 2605, FRESNO AIRPORT CENTER NO. 3, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 31 OF PLATS, AT PAGES 13, 14 AND 15, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Exhibit "A" .. i • BDOH 7828 PAGE 584 3. THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: THE SOUTH 250 FEET OF LOT 32 OF TRACT NO. 260~, FRESNO AIRPORT CENTER NO. 3> CITY OF FRESNO, COUNTY OF FRESNO> STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 31 OF PL.ATS, AT PAGES 13, 14 AND 15 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Exhibit "B" • ::: . \ ,, ._ _______________________ _J' l 1 ·, ' \ -Cl) a: +W iO ? (I ·o lO w 0: > .... z :) 0 0 0 z ,n '"I ~, 11.: I I I I I i ' i I l l ) l ~ i ' l I fDJH 7828 PAGE 585 ,.-------------------------~---~ .__ ........ -) <.~\ ;1 ·a h• ·:1 -Ill -L I -----· :JNld .,. ' ' -------------------·- ' I- ~ I.JI - --~, ;'' bJ o· -t,.. h. 0 CD 0: w 0 ([ 0 0 w II > .... z :> 0 0 0 z ,n: '"l W, u:i 11., BOOH 7828 PAGE 586 The following material has been prepared from documents previously made a matter of p·lblic record and we make no warranty as to accuracy. Recording information of all documents affecting title will be included in the preliminary title report prepared and distributed after opening of escrow. DECLARATION OF RESTRICTIONS FRESNO AIRPORT CENTER THIS DECLARATION is mede this 17th D~y of July, 1972, by RAU BROTHERS, John M. Rau and Steven Rau (hereinafter referred to as "Declarant"). ARTICLE I RECITALS 1.01 Declarant is the owner of certain real property, hereinafter referred to as the "Property", in the County of Fresno, State of California, described in Exhibit "A" which is attached hereto and by this reference made a part hereof. 1.02 In order to establish a general plan for the improvement and development of the Property, Declarant desires to subject the Property to certain conditions, covenants and restrictions, upon and subject to which all of the Property shall be held, improved and conveyed. ARTICLE II GENERAL PROVISIONS 2.01 Establishment of Restrictions Declarant, owner of the Property. hereby declares that the Property is now held, and shall hereafter be held, transferred, sold, leased, conveyed and occupied subject to the restrictions herein set forth, each and all of which is and are for, and shall inure to, the benefit and pass with each and every part of the Property and shall apply to and bind the heirs, assignees and successors in interest of any owner thereof. 2.02. Purtose of Restrictions The purpose of these restrictions is to insure proper development and use o the Property, to protect the owner of each part against such improper development and use of surrounding parts as will depreciate the value of his part, to prevent the erection on the Property of structures built of improper design or materials, to encourage the erection of attractive improvements at appropriate locations, to prevent haphazard and inharmonious improvements, to secure and maintain proper setbacks from streets and adequate free spaces between structures, and in general to provide adequately for a high-type and quality of improvement of the Property in accordance with~ PPnPr~l nlan 2.03 Definitions ~ ' ~~1te'-=-"Site" shall mean any contiguous part of the Property which is under one owa1er- ship. B. Improvements -"Improvements" shall mean and include buildings, parking areas, loading areas, trackage, fences, walls, hedges, mass planting, poles, signs, and any structures of any type or kind. C. Declarant -"Declarant" shall mean the undersigned, its successors and assigns. 3.01 Minimum Setback Lines ARTICLE III REGULATION OF IMPkOVEMENTS A. General -No structure of any kind, and no part thereof, shall be placed on any site closer to a property line than herein provided. The following structures and improvements are specifically excluded from these setback provisions: 1. Roof over hang, subject to the specific approval of D~clarant in writing. 2. Steps and walks. 3. Paving and associated curbing, except that vehicle parking areas shall not be permitted within the front setback of any sites fronting on East Clinton Way, East Yale, North Fine, North Helm and East University Avenues. 4. Fences, except that no fence shall be placed within the street setback area unless specific approval is given by Declarant in writing. Generally, it is intended that the design, construction and appearance of such fences be harmonious with the aesthetic standards established for the Property. 5. Landscaping a. The first fifteen (15) feet of all setback areas in which parking is permitted shall be adequately landscaped. b. The entire front setback area shall be landscdped if no parking is permitted therein. 6 Planters, not to exceed three (3) feet in height 7. Ga5 ar,<l sarvt.:c ;:;tatiu1i=o, i11LluJi11~ dli pet t inenl uses, subjecc co the spec1t1c approval of Declarant in writing. 8 Permanent displays identifying the owner, lessee or occupant, subject to the specific approval of Declarant in writing. 9. Architectural earthwork, light standards, and aesthetic features as specifically approved by Declarant in writing. B. Setback from street property lines -the setback line is established on the various streets as follows: East McKinley Avenue Fifty (50) feet r..nt-,cn.1a.u lln11louo.W"~ Th.:-.. .., l"lf\\ •--• ------J ---•-•-•-•••••'-"J ,_,V.f 4C:::C"- North Helm Avenue Twenty-five (25)feet East Yale Avenue Twenty-five(25)feet All 11~tb.-ckt1 11h1tll b~ accross the full width of the C. Setback from side and rear properly lines -the feet from each such property line. North Winery Avenue L"'--.. ,..,,:_., __ 11--- L,QOL ,._,.&. .&.11\..UII nay North Fine Avenue East University Avenue lot. Fifty (50) feet Thi rt y ( 3 0) fee c Twenty-five (25)feet Fifteen ( 15) feet setback line is established as ten (10) 1. Any site which is bounded on more than one side by a public street shall have a setback from each such public street at least as great as the minimum front setback from such street as required in 3 01 (b) herein regardless of the orientation of building improvements on said site 1 07 r.nmnlPtinn nf C:nn$;.tr,1rtion Afrpr rnnununc'Llm~nt ,....,f , .. nnotr,,,...t\nn cf .!lr!)' !!t:-"~~tt:r:::, th~~ .;vrk them on-Shah '-5e-dT11genf1V pro~ec~;ted. to· ·t-i:;; ·-e~d-t.trnt. ti;;··; t. ~ ~~ t ~;~ s ha 11 not remain in a partly finished condition any longer than reasonably necessary for completion thereof )Exhibit D ' ::"<t :~ w 0 -la.. la.. 0 (J), 0: w. o: 0:: O' oi w, o:: > ~ z ::) i o: Ol 0 z fft; v,-w: (ll IL. Page Two Declaration of Restrictions Fresno Airport Center I I ( I BOOH 7828 PAGE 587 3.03 Excavation Except as approved by Declarant no excavation shall be made except in connection with construction of an improv~m~nt and upon completion thPreof exposed openings shall be backfilled and disturbed ground shail be graded and leveled. 3. 04 Landscaping A. Concurrently with the submission of building plans for approval as hereinafter provided, there shall also be submitted for approval a detailed landscaping plan which must be approved in writing as hereinafter provided prior to the commencement of any landscaping and every site on which a building shall have been placed shall be landscaped according to said plans as approved and as specified herein and shall be maintained thereafter in a sightly and well-kept condition. B. The property owner, lessee, or occupant shall landscape and maintain unpaved areas between the property lines and the setback lines. The first fifteen (15) feet of the setback from street property lines shall be used exclusively for landscaping except for walks and driveways crossings the required landscape area; provided, however, that the entire setback area for sites fronting on East Yale, North Fine, North Helm. East University, East Clinton Way and Gateway Boulevard shall be entirely landscaped except for walks and driveways. C. The property owner, lessee or occupant shall provide facilities adequate to sustain and maintain the landscaped areas. Such facilities are to be adequately screened. D. Approved landscaping shall be installed within thirty (30) days of the occupancy or completion of the building, whichever occurs first, weather and planting seasons pe'!7llitting. 3. 05 Sigt1_§ A.----1fo billboard or advertising sign shall be permitted other than those offering the site for sale or lease when specifically approved by Declarant in writing and temporary signs giving credit to parties to a proposed development, such signs to be approved by Declarant in writing. B. Signs shall conform to setback lines as indicated in Section 3.01 (A)(8) hereof unless specific approval to the contrary is granted by Declarant in writing. C. Signs and Hentifications on buildings or building sited shall only be of such size, design and color as are specifically approved by Declarant in writing. D. Signs painted on the wall surface of buildings are not permitted unless such restriction i:s waiv~<l by u~<..:i.aranL in wriLing. E. No sign shall be placed or painted on any roof or portion thereof, nor shall the top of any sign extend above the parapet line or the top of the exterior wall of any building or structure. 3.06 Parking Areas A. General -adequate off-street parking shall be provided to accommodate all parking needs for employee, visitor and company vehicles on the site. The intent of this provision is to elminate the need for any onstreet parking. If parking requir~ments increase as a result of a change in use or number of employees, additional off-street parking shall be provided to satisfy the intent of this section. The property owner, lessee or occupant shall provide at least three (3) parking stalls for each four (4) persons to be employed on the site, in addition to customer and visitor parking; provided, however, that should the proposed use for a site come under more restrictive parking requirements of the Municipal Code of the City of Fresno, the more restrictive requirements shall apply. B. Parking shall not be permitted: 1. On any public street. 2. Between the public street pdvement and property line. 3. Closer than fifteen (15) feet to a street property line. 4. Within any applicable building setback line. 5. Within the twenty-five foot (25") setback requirements on all sites facing Gateway Boulevard. 6. By any vehicle for more than a continuous forty-eight (48) hour period, except within enclosed structures. 7. By any vehicle used primarily for storage of personal property, and/or recreational vehicles, except for (a) temporary loading or unloading of personal property and (b) parking within enclosed structures. C. The parking requirements may not be modified except as to a particular site by the written consent of Declarant. 3. 0 7 ~~g Areas A. No materials, -supplies or equipment, including company-owned or operated trucks, shall be stored in anv area on a site except inside a closed building, or behind a visual barrier screening such area from the view of adjoining properties and/or a public street. B Loading areas shall not encroach into setback areas unless specifically approved by Declarant in writing. C Loading docks shall be set back and screened to conceal visibility from the street. Docks shall not be closer than seventy (70) feet to the street property line, unless specifically approved by Declarant in writing. Loading shall not be permitted from the front of any building. D. The loading or unloading of trucks on ~ny street in the Property is prohibited. 3.08 Bulldin~ ReRulations Any building erected on a site shall conform to the following construction practices· -- A. Exterior walls of sheet or corrugated iron, steel, aluminum, asbestos or wood will be permitted only upon specific approval in writing by Declarant. B Exterior walls shall be painted or suitably treated in a manner acceptable to Declarant C. All mechanical equipment, transformers, compressors, manufacturing equipment, outside work areas shall be adequately screened. 3.09 Vertical Protrusions No antennae, masts, poles (other than flag) shall be constructed wTfFtotff-writ ten consent of Dec larant. ARTICLE IV APPRl)V,\t ITT'" fif AN~ 4.01 No improvement, dS that term is hereinabove defined, shall be erected, placed alt~red, maintained or permitted to remdin on dny ldnd subject to these restrictions until plans and ' ,· :~; '• laJ 0 -IL h. 0 (J) 0: ' w • i 0 II 0 ·, 0 F w [[ > .... z :::> 0 0 0 z ,n V, w ll h. Page Tl-i-:-ee Declaration of Restrictions Fresno Airport Center • ( BOOK 7828 PA6E 588 specifications showing plot layout and all exterior elevations, with materials and colors therefore and structural design, signs and landscaping, shall have been submitted to and approved in writing by Declarant. Such plans and specifications shall be submitted in writing over the signature of the owner or lessee of the site or his authorized agent. 4.02 Approval by Declarant shall be based. among other things, on adequacy of site dimensions; site coverage; adequacy of structural design; conformity and harmony of external design and neighboring structures; effect of location and use of improvements on neighboring sites, improvements, operations and uses; relation of topography, grade and finished ground elevation of the site being improved to that of neighboring sites; proper facing of main elevation with respect to nearby streets; provision for adequate site drainage; and conformity of the plans and specifications to the purpose of the general plan for the Property, from time to time amended, and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. Declarant shall render approval or disapproval of such plans and specifications within thirty (30) days of submission. 4.03 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications; subject, however, to the restrictions contained in Article III hereof. 4.04 Neither Declarant nor its successors or assigns shall be liable in damages to anyone submitting plans and specifications to it for approval, or to any owner or lessee of any part of the Property affected by this Declaration, by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any such plans and specifications. Every person who submits plans and specifications to Declarant for approval agrees, by submission thereof, and every owner or lessee of any part of the Property agrees, by acquiring title thereto or interest therein, that he will not bring any action or suit against Declarant to recover any such damages. 4.05 Notwithstanding anything to the contrary herein contained, after the expiration of one (1) year from the date of issuance of a Building Permit by municipal or other governmental authority for any improvement, said improvement shall. in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this Article IV, unless actual notice of such noncompliance or noncompletion, executed by Declarant, shall appear nf rPrnrrf ;n t-hn nFf;,-.c, nf' t-ho rn,,n~,, Do,-.nr,4,n,-r°\' i:"-nrT"ln r,...,,,nt-u r..,1.;,,...,..,...,....;., ,._,.. ,,.,,,~cc lcn~l M --.. ---------••----··-.• ·•--........ __ .. --..... _ .......... -----·•-,J' .... ...., ______ , ___ .... _ -··------o-- proceedings shall have been instituted to enforce compliance or completion. ARTICLE V 5.01 Abatement and Suit Violation or breach of any restriction herein contained shall give to Declarant and every owner of property subject to to these restrictions che right to enter upon the part of the Property upon or as to which said violation or breach exists and to summarily abate and remove, at the expense of the owner or lessee thereof, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the p.ovisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. 5.02 Deemed to Constitute a Nuisance The result of every action or omission whereby any restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance. and every remedy allowed by law or equity against any owner, either public or private, shall be applicable against every such result and may be Pxercised by Declarant or by any owner of property subject to these restrictions. 5.03 Attornevs' Fees In any legal or equitable proceeding for the enforcement or to restrain the violation of this Declaration or any provision hereof, the losing party or parties shall pay the attorneys• fees of the prevailing party or parties, in such amount as may be fixed by the Court in such proceedings. All remedies provided herein, at law or in equity, shall be cumulative and not exclusive. 5.04 Inspection Declarant may from time to time, at any reasonable hour or hours, enter and inspect any part of the Property subject to these restrictions to ascertain compliance there- with. 5.05 Failure to Enforce Not a Waiver of R_i_gb_!s With the exception of the time limit for action by Declarant contained in Section··-z.-:u-s--oTArtTcle IV hereof, the failure of Declarencor any owner of part of the Property to enforce any restriction herein contained shall in no event be deemed to be a waiver of the right to do so thert?after nor of the right to enforce any other restriction. ARTICLE VI REGULATION OF-OPERATIONS AND USES ---~----------------~---~- 6.01 Permitted Operations and Uses ~Unless otherwise specifically prohibited herein, any business or industrial operation and use will be permitted if it is performed or carried out entirely within a building that is so designed and constructed that the enclosed operations and uses do not cause or produce a nuisance to adjacent sites such as, but not limited to, excessive vibration, sound electro-mechanical disturbance and radiation, electro-magnetic disturbance, radiation, air --••-t---.,....,.l\ ...... ~--....1 .. ,. .... __ ,: .. _,:...,_ ...... & -..l---~•-.__,..,:_ -----•-.. •l-__ .,..___ 411 ll-L-.: __ .l- ....,._ WCll\.11;:&. t'V.&.4,~!,,,4,\,Jllt -uot-., c-1n.a.c:10.a..v11 V&. '-JUV&vua, \.VI'\.&.\.. Vl &IVll~VI'\..&.."'-u,a~\..'-=&., n&.'-'-~51, .. 1.115 .1.0 to be shielded and confined within property lines. All proposed uses must comply with regulations governing use and occupancy of land in the M-1-P Zone as established under the Municipal Code of the City of Fresno. B An exception shal 1 be made during periods when breakdown in equipment occurs in such a manner as to make it evident that the effect was not reasonably preventable. 6. 02 J.'_rohi bi~~ Oh~rE_t ions and. Uses The fol lowing operations and uses sha 11 not be permitted on any property su Ject to tnese restrictions· A Residential, except as exprl:'ssly permitted hv Declarant. provided concurrence of the Plunning Co~nission of the City of Fresno and/or the Council of thl:' City of Fresno is obtained I}) a: w a II 0 0 w 0: > ~ 2 :) 0 0 0 2 ,n ~ w a: h. _Page Four Declaration of Restrictions Fresno Airport Center B. Trailer Courts. C. Labor Camps D. Junk Yards BOOK 7828' PAGE589 E. Drilling for and/or removal of oil, gas or other hydrocarbon substances and other forms of mineral mining and extraction F. Conunercial excavation of building or construction materials G. Distillation of bonea H. Dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals or refuse I. Fat rendering J. Stockyard or slaughter of animals K. Refining of petroleum or of its products L. Smelting of iron, tin, zinc or other ores M. Animal farming of any kind N. Drive-In Theater 0. Uses expressly proscribed under appropriate sections of the Municipal Code of the City of Fresno 6.03 Other Operations and Uses A. Operations and uses which are neither specifically prohibited nor specifically authorized by these restrictions may be permitted in a specific case if operational plans and specifications are submitted to and approved in writing by Declarant. Approval or disapproval of such operational plans and specifications shall b~ b8sed upon the effect of such operations or uses on other property subject to these restrictions or upon the occupants thereof. If Declarant fails either to approve or to disapprove such operational plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has disapproved said plans and specifications. B. NeitherDeclarant, nor its successors or assigns, shall be liable in damages to anyone submitting operational plans and specifications to them for approval, or to any owner or lessee of any part of the Property affected by this Declaration, by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval ~~ di::;~pp!:"C".:::ll er failure: tv appi:'u·vc c:ll,j ~u(.f, vpt>1atiuual pldu:::, dttU :>pt:'-i[l\..di....Luu~. Every person who submits operational plans and specifications to Declarant for approval agrees by submission of such plans and specifications, and every owner or lessee of any part of the Property agrees, by acquiring title thereto or interest therein, that he will not bring any action or suit against Declarant to recover any such damages. 6.04 Subdivision No site shall be further subdivided or resubdivided or extended by filling without the written approval of Declarant. Except as expressly approved in writing by Declarant no site shall be created having an area of less than forty-four thousand (44,000) square feet nor a street frontage of less than one hundred fifty (150) feet, and in no event shall lot dimensions be less than that required by the appropriate section of the Municipal Code of the City of Fresno.as amended. 6.05 Maintenance and Repair All buildings and other improvements shall at all times be maintained in good condition and repair and shall be well and properly painted. Unimproved property shall be maintained in a sightly condition, free of weeds and debris. 6.06 Utilities All utility and industrial distribution services and systems shall be enclosed in approved buildings or shall be placed underground. Said services are to include electrical, gas water, sewer, telephone and any other special piping, conduit, containers, or other equipment and appurtenances as may be required by the user. Temporary overhead and surface installations will he permitted during the actual construction period only. ARTICLE VII TERM, TERMINATION, MODIFICATION AND ASSIGNMENTS OF DECLARANT'S RIGHTS AND DUTIES 7.01 Term This Declaration, every provision hereof and every covenant, condition and restriction containeaherein shall continue in full force and effect for a period of fifty (50) years from the date hereof. 7.02 Termination and Modification This Declaration, or any provision hereof, or any covenant, condition, or restriction contained herein, may be terminated, extended, modified or amended, as to the whole of the Property or any portion thereof, with the written consent of the owners of sixty-five percent (65%) of the Property subject to these restrictions, based on the number of square feel uwned as compared to the total number of square feet subject to these restrictions, provided, however, that so long as Declarant owns at least ten percent (10%) of the Property subject to these restrictions, no such termination, extension, modification or amendment shall be effective without the written approval of Declarant thereto. No such termination, extension, modification or amendment shall be effective until a proper instrument in writing has been executed and acknowledged and recorded in the office of the Recorder of Fresno County, California. 7.03 Delefation of Declarant's Duties Declarant may from time to time delegate any of its duties hereundero an Architectural Review and/or Operations Committee or Committees Any such committee shall be composed of three or fewer indiviJuals appointed by Declarant and such individuals shall ----·-__ ._L_ •• J11 _c n--1----- 0C:&. vc a~ '"'11r w,1. .1.1. v1 VC'\.. .&.est Cltl\... 7.04 Assignments of Declarant 's ~ights and Duties Any and all of the rights, powers and reservations of Deciarant herein contained may7>e assigned to any person, corporation or association which will assume the duties of Declarant p~tttd11i11g lo lht! particular rights, powers and reservations assigned, and upon any such person, corporation or association's evidencing its consent in writing to accept such assignment and assume such duties, he or it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. The term "Declarant" as used herein includes all such assignees and their heirs, successors and assigns If dt an~ time De~larant rvas~s 10 exist and has not made such an assignment, a successor Declarant may be appointed in the same !n:!.!:ner ~~ these reetrictic!1~ !!!!!j! he te:-::~i:1:1t~d, cxtc:~d;:d. ~;;'";difi,·d 01 Oiiii7ii.Ji?~ liii"~c.--,-~~'-"" ... -i.iu11 7 02 of this Article Vll. I. CD ti: w 0 0: 0 0 w It >-... z ::J 0 0 0 z ,, ,n -w ~ h.. Page Flv~ l Declaration of Restrictions ~ Fresno Airport Center ARTICLE VIII M!SCELLANEOUS PROVISIONS --I --!. BOOK 7828 PAri 590 8.01 Constructive Notice and Acceptance Every person who ~Jw or hereafter owns or acquires any rights, title or interest 1n or to any part of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the Property. 8.02 Rights of Mortgagees All restrictions and other provisions herein contained shall be deemed subject and subordinate to all mortgages and deeds of trust now or hereafter executed upon any part of the Property subject to these restrictions and none of said restrictions shall supersede or in any way reduce the security or affect the validity of any such mortgage or deed of trust; provided, however, that if any part of the Property is sold under a foreclosure of any mortgage or under the provisions of any deed of trust, any purchaser of such sale, and his successors and assigns, shall hold such part of the Property so purchased subject to all of the restrictions and other provisions of this Declaration. 8.03 Mutualitf, Reciprocity; Runs with Land All restrictions, conditions, covenants and agreements contained herein are made for the direct, mutual and reciprocal benefit of each and every part of the Property; shall create mutual, equitable servitudes upon each site in favor of every other site; shall create reciprocal rights and obligations between the respective owners of all sites and privity of contract and estate between all grantees of said sites, their heirs, successors and assigns; and shall, as to the owner of each site, his heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other sites. 8.04 Paragraph Headin~s Paragraph headings, where used herein, are inserted for convenience only and are not 1nten ed to be a part of this Declaration or in any way to define, limit or describe the scope and intent of the particular para~raphs to which they refer. 8.05 Effect of Invalidation If any provision of this Declaration is held to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions hereof. 8.06 Addition of Territory Declarant may at any time or from time to time during the pendency of these restrictions add additional land to the Property which is covered by this Declaration, and uoon thP rPrordinP of~ nntirP of ~rldition to tPrritorv ront~ininP thP nrovisions sPt forth in Section 8.07 of this Article VIII, the covenants contai~ed in this~Declaration shall apply to the added land in the same manner as if it were originally covered by this Declaration; and thereafter, the rights, powers and responsibilities of the parties to this Declaration with respect to the added land shall be the same as with respect to the original Property, and the rights, privileges, duties and liabilities of the owners, lessees and occupants of parts within the added land shall be the same as in the case of the original Property. 8.07 A notice of addition to territory referred to in Section 8.06 of this Article VIII shall contain the following provisions: A. A reference to this Declaration, which reference shall state the date of recording hereof and the book or books of the records of Fresno County, California, and page numbers, where this Declaration is recorded; B. A statement that the provisions of this Declaration shall apply to the added territory in the manner set forth in Section 8.06 of this Article VIII; and C. An exact description of the added territory. EXHIBIT "A" That portion of the South 1/2 of Section 30, T. 13S., R31 E., M.D.B. & M., more particularly described as follows: Commencing at the Southeast: corner of said Section 30; thence N 89° 57'0 24" w, along the South line of said Section 30, a distance of 1150.00 feet; thence N. 00 11 '43" E, parallel with the East Line of said Sectio9 30, a distance of 135.00 feet to the true point of beginning; thence continuing N 00 11 '43" E, a distance of 603. 82 feet, thence N 45°56' 43" E, a distance of 187.29 feet; thence along a curve to the Northwesterly, concave to the Northeast, with a radius of 764.00 beet, a central angle of 37°34'15", an arc length of 500. 98 feet and a chord bearing N 25 16' lO"W a distance of 492. 05 feet; thence along a curve to the Soutawesterly, concave to the Northwest, with a radius of 15.00 f8et. a central angle of 86 32'28", an arc le9gth of 22 66 feet and a chord bearing S36 47'12" W, a distance of 20.56 feet; thence S 80 03' 26" W a distance of 131.46 feet; thence along a curve co the Souc9wesceriy, concave co the Soucheasceriy, with a radius oi 364,08 ieet, a central angle of 79 51'43", an arc leggth of 507.36 feet and a chord bearing S 40 07'34" W a distance of 467 .28 feet, thence S 00 11' 43" W a distance of 774 .19 feet, thence along a curve to th8 Southwesterly, concave to the Northwest, with a radius of a.go feet, a central angle of 89 50' 53". an 5rc length of 12. 55 feet, and a chord bearing S 45 07' 09"W a distance of 11 30 feet; thence S 89 57' 24" E, parallel with and 135. 00 feet North of the South line of said Section 30, a distance of 526.98 feet to the point of beginning. Contains 13.27 acres. 7iii77 ,. r • ·i i L 0 -~ IL ~ ~ la. ;, 0 , .. ,, . , a, ~ , r· IC 1 w ' 0 f· a: ' 0 ~ ,. 0 ,; w 0: s >-<· ; I-' , z " :> ; 0 ~ 0 ! ' 0 } !; z m --; Id ~ 0: t tL. ' t f l ,, i -, . j BOOH 7828 PAri591 • SIGN CRITERIA POLICY The purpose of this sign criteria is to create a comprehensive and balanced system of signage thereby insuring maximum tenant identi- fication within an overall design. All tenants' signs must conform to this criteria and complement the architectural design of the Shopping Center. GENERAL REQUIREMENTS 1. Signs shall be designed at Tenant's direction subject to fhe approval of landlord. "3. Tenant shall, prior to fabrication submit to Landlord for approval at least two copies of detailed drawings indicating the location. size. layout, design and color of the proposed signs, including all lettering and/or graphics. 4. Tenant shall pay for the design, installation and maintenance of Tenant's signs. 5. Tenant or his representative shal be responsible for obtaining all permits for signs and their installation. CONSTRUCTION AND INSTALLATION REQUIREMENTS 1. All signs shall be constructed and installed by contractors qualified to fabricate and install commercial signs. Installation. including all cc,;,nections shall be per Landlord's approved Construction Drawings and Specifications. 2. All penetrations of the building structure required for sign installation shall be neatly sealed in a watertight condition. 3. Fascia Signs a. Signs shall be individu31 plastic/metal letters lighted from within and not exceeding ___ inches in height. b. Total horizontal dimensions of signs shall not exceed eighty percent (80%) of the width of Tenant's store frontage. c. All signs shall be mounted 12 inches fmm the bottom of the fasc,a, the center of which i5 the center of the leased piem1ses. Moum,ng details of signs are outlined on the attached illustration. d. Location of all openings for conduit in the sign panel or building walls are to be approved by Landlord. 4. Carved Wooden Signs a. Tenant shall be permitted one carved wooden sign, 12 inches high by 60 inches wide. b. This sign extending horizontally from Tenant's premises, is to be suspended under the canopy by a metal chain as shown on the attached illustration. 5. Entrance Door Lettering a Tenant shall be permitted to place upon each entrance door of the Premises in gold leaf or decal apohcat1on lettering which indicates tho ::a.rtrt,cr.:c. numhor ::1nrfl n.nm.a. n.f tho h .. Q:in.a.ce: anrt hn,uc nf nnor::1l1nn •··-___ . __ ..,.. ••.,.•••~-• -·•-··-···-,..... \••-__ .._ ... _...,..., -··-··--·-..,... -r-•-........... . REMCWAL Within fifteen (15) days following the expiration or other termination of tenancy, Tenant shall have all Tenant"s signs removed. Exhibit "E" • Exhibit B _____ l .. [_ ' Exhibit L – Protest Letters Prior to Director Action Exhibit M – Notice of Director Action CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF ACTION GRANTING DEVELOPMENT PERMIT APPLICATION NO. P22-01346 & RELATED ENVIRONMENTAL ASSESSMENT NOTICE IS HEREBY GIVEN that the Planning and Development Department Director, in accordance with Fresno Municipal Code (FMC) Section 15-5009, has approved Development Permit Application No. P22-01346 and Environmental Assessment No. P22-01346 filed by Orlando Ramirez on behalf of Xpress Carwash, pertaining to a ±0.69 acre parcel of property located at 4941 East McKinley Avenue, on the northwest corner of East McKinley and North Fine Avenues. The applicant requests authorization to construct a 4,400-square-foot mechanical carwash building consisting of a 120-foot washing tunnel. The project will include 16 self-service vehicle-vacuum stalls, one new solid-waste trash enclosure, and new landscaping. The project also includes a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 32 dated December 8, 2022. The property is zoned IL (Light Industrial). The special permit has been granted subject to compliance with the Conditions of Approval, dated December 8, 2022.* *This document is available for review at the Planning and Development Department, located at 2600 Fresno Street, 3rd Floor, Fresno, California 93721. 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 phone to request electronic copies or schedule an appointment to view documents. Development Permit Application No. P22-01346 was granted subject to the following findings: Findings per Fresno Municipal Code Section 15-5206 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: Finding a: The applicable standards and requirements of this Code. a. The proposed structure and use are permitted by right in the IL zone district. The proposed project is subject to the development standards of said zone district and Code Sections 15-1301 and 15- 2711. The proposed application conforms to the applicable standards of the Fresno Municipal Code. Finding b: The General Plan and any operative plan or policies the City has adopted. b. The proposed project is consistent with the planned land use designation, goals, and policies called out in the Fresno General Plan, McLane Community Plan, and the Fresno Municipal Code. Finding c: Any applicable design guidelines adopted by the City Council. c. The proposed project is consistent with the site design and façade design development standards provided in the IL (Light Industrial) zone district and applicable design guidelines adopted in the Fresno General Plan. Finding d: Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required. d. The proposed project does not require a Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval. All special conditions required for the proposed project have been incorporated into the Conditions of Approval which shall be met prior to the 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 21670-21679.5.1. e. The proposed use is consistent with the Fresno County Airport Land Use Compatibility Plan (ALUCP). The project is within the boundaries of Traffic Pattern Safety Zone 6 of the Fresno Yosemite International Airport, which restricts non-residential use to no more than 300 persons per acre, hazards to flight, outdoor stadium, and similar uses of very high intensity. ALUC review is required for any proposed object taller than 100 feet above ground level. The proposed commercial use will occur within a vacant lot adjacent to the East McKinley Avenue corridor. Furthermore, the proposed building will be less than 25 feet. Therefore, the proposed project use and height are consistent with the ALUCP. The Development Permit will not become effective until 15 days from the date the permit is granted in order to allow time for any interested parties to file an appeal. In the event you wish to appeal the Director's decision, you may do so by filing a written appeal with the Director. The appeal must include the appellant's interest in, or relationship to, the subject property, the decision or action appealed, and the specific reason(s) why the appellant believes the decision or action should not be upheld. A $930.66 fee applies to an appeal by an applicant (no fee applies if a member of the public). The fee is required prior to accepting the appeal, as required by Section 15-5017-A.1 of the FMC and established by the Master Fee Schedule. ANY WRITTEN appeal must be submitted to this office prior to the close of business on December 23, 2022. For additional information regarding this project, contact Jose Valenzuela, Planning and Development Department, by telephone at (559) 621-8070 or via e-mail at Jose.Valenzuela@fresno.gov. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070. PLANNING AND DEVELOPMENT DEPARTMENT Jennifer K. Clark, AICP, HDFP, Director Dated: December 8, 2022 Assessor’s Parcel No(s). 494-291-05 SEE MAP BELOW SUBJECT PROPERTY Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 Exhibit N – Appeal of Director Action Exhibit O – Planning Commission Public Hearing Notice & Map Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING DEVELOPMENT PERMIT NO. P22-01346 AND ENVIRONMENTAL ASSESSMENT NO.P22-01346 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, pertaining to ±0.69 acres of property located on the northwest corner of East McKinley and North Fine Avenues. The project proposes to construct a 4,400 square-foot mechanical carwash building consisting of a 120-foot carwash tunnel. The proposed project will include 16 self- service, vehicle-vacuum stalls, one new solid-waste enclosure and new landscaping. The property is zoned IL (Light Industrial). The project was approved by the Director on December 8, 2022 and is being considered by the Planning Commission based upon an appeal received from a member of the public. The Planning Commission will consider the following actions: 1. Environmental Assessment No. P22-01346: a Categorical Exemption Section 15332/Class 32 (In-Fill Development Projects) prepared for Environmental Assessment (EA) No. P22-01346, dated December 8, 2022, for the proposed project pursuant to the California Environmental Quality Act (CEQA). 2. Development Permit Application No. P22-01346: Staff recommends the Planning Commission DENY the appeal and UPHOLD the action of the Planning and Development Department Director to approve Development Permit Application No. P22-01346, which requests construction of a automated carwash building with 16 self-serving vacuum stalls. In response to COVID-19, City Hall Council Chambers and City Hall will be open to the public at limited capacity for Planning Commission hearings to allow for social distancing. Any interested person may also participate 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 Jose.Valenzuela@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 hearing described in this notice, or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or Planning Commission at, or prior to, the public hearing. The Planning Commission action on the proposed Development Permit and Environmental Assessment will be final, unless appealed to the City Council. NOTE: This public hearing notice is being sent to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007. 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 Jose Valenzuela, Planning and Development Department, by telephone at (559) 621-8070, or via e-mail at Jose.Valenzuela@fresno.gov. PLANNING AND DEVELOPMENT DEPARTMENT Jennifer K. Clark, AICP, HDFP, Director Dated: March 3, 2023 Assessor’s Parcel No(s). 494-291-05 FRESNO CITY PLANNING COMMISSION Date/Time: Wednesday, March 15, 2023, at 6:00 p.m., or thereafter Place: City Hall Council Chamber, 2nd 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 Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 Jose Valenzuela PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO STREET, ROOM 3043 FRESNO, CA 93721 THIS IS A LEGAL NOTICE REGARDING 4941 East McKinley Avenue Development Permit Application No. P22-01346 VICINITY MAP LEGEND Subject Property Noticing Map 1/17/2023, 2:39:08 PM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 City of Fresno From:gerr2bvp@aol.com To:Jose Valenzuela Subject:Proposed car was at McKinley and Fine Date:Tuesday, March 07, 2023 11:40:25 AM Attachments:airpot villge last version impact (1).docx External Email: Use caution with links and attachments Hi Jose, hope you are doing well and coping with the deluge. Enclosed is a letter I have composed for the Planning Commission regarding the proposed car wash at McKinley and Fine. Could you please make sure it is part of their packet regarding this matter. Thank you, Jose and take care, Gerry Airport Village was planned and developed as an integrated commercial/office complex with shared parking, access and egress. Developing this car wash completely negates that premise. Our major concern is how the car wash both immediately and in the long term impacts our building and its tenants. Removing parking spaces, changing the location of the handicap access ramp, relocating the entrance driveway closer to the existing building, automobile stacking areas immediately in front of existing offices tenants, blocking through traffic due to stacking in relocated driveway, not being able to actively, or passively, for that matter, be involved in the planning process, by either the City of Fresno or the developer. What is most disturbing is why the developer is allowed to change, remove and rearrange parking and access to our building in such a manner that it drastically impacts current tenants as well as future prospective tenants. By removing parking spaces to the point that we no longer meet City of Fresno parking standards for our building makes us an illegal, nonconforming land use. List of major concerns follows: -Removed 43 spaces from their parcel plus 17 from ours leaving only 38 spaces for our building, which is less than the required 41 spaces for our commercial/office use (one space per 400 sq. ft.) -They have not provided any on site parking for employees and/or service vehicles, -They have removed the handicap spaces from directly in the front and center of the building to the Westernmost part of the parking lot. The access ramp to the building is also moved to the westernmost Part of the site. Not only to handicap persons have to cross the street to get to the ramp but it is approximately 350 feet to get to the easternmost part of the building. Furthermore, this directly impacts the existing adult day care center since the handicap spaces and ramp are directly in front of their entryway. -If the stacking area for the car wash is full, cars waiting to use the facility will have to wait in the driveway, thus blocking access to the parking area for our building. Furthermore, if the car wash is very busy cars could be backed up all the way to Fine thus impeding traffic turning from McKinley on to Fine. The idling of the cars 10 feet from the building and tenants would be disruptive and create a noise and air quality problem. Cars entering from the southwest entrance to the property going to the car wash facility would have to turn right into the car wash, and if cars queued up there to get in the car wash both sides of the drive would be blocked totally restricting traffic flow. -In March of last year the property was zoned M-1-P. It is now zoned IL (light industrial). We were not notified of that rezoning, and, therefore, did not have a chance to determine how that zone change would affect us. Thus, we were not able to voice our opinion on the rezoning. -Neither the City of Fresno nor the developer of the car wash notified us of the proposed car wash. We had absolutely no input into how the car wash layout would affect us. We certainly would have voiced concerns regarding removal of our parking spaces as well as the other concerns indicated above. Plus, by not advising us we had not opportunity to appeal the project. -Giving this project a categorical exemption under CEQA because it is an infill project does not adequately address the negative impacts of the project. A noise study needs to be conducted to determine the impact on the building tenants from 16 vacuum machines, the noise generated by the machinery of the car wash and cars idling in front of the offices. The impact on the relocation of the handicap spaces and ramp needs to be addressed pursuant to ADA requirements as well as its impact on the existing adult day care use. The project may have air quality issues as well with cars idling in front of tenant spaces. -This project was built in 1981 as an integrated commercial center. The main building of 16,400 sq. ft. and a 6,400 future building site were approved with shared parking and access. This is totally contrary to that proposal. It not only restricts access but rearranges access and removes parking to the detriment of the main building. -Airport Village was a thriving commercial center in the 1980’s and into the 1990’s. The tenants back then were directly related to the also thriving office area to the east. Tenants included a business machine concern, office supply, in-line restaurant and offices. As computer age and big box retailers began to take hold and the offices area began to decline these uses were no longer viable. Upon their departure, Fresno Airport began to grow and we took on a car rental agency. When the car rental agency found a location closer to the airport, we found that the area began to change and was no longer a viable commercial area. Thus, we began to lease to uses catering to the changing area. Besides office uses we leased to a church and then as the Asian population began to grow we provided space to our major tenant now, the adult day care center. We are adapting our uses to the area as it evolves and we will continue to do so. Approval of the car wash would, without a doubt, severely impair our building now and for the future. Esteemed Planning Commissioners: Airport Village was planned and developed as an integrated commercial/office complex with shared parking, access and egress. Developing this car wash completely negates that premise. Our major concern is how the car wash both immediately and in the long term impacts our building and its tenants. Removing parking spaces, changing the location of the handicap access ramp, relocating the entrance driveway closer to the existing building, automobile stacking areas immediately in front of existing offices tenants, blocking through traffic due to stacking in relocated driveway, constructing an S-curb in the main driveway, not being able to actively, or passively, for that matter, be involved in the planning process, by either the City of Fresno or the developer are all major concerns. What is most disturbing is why the developer is allowed to change, remove and rearrange parking and access to our building in such a manner that it drastically impacts current tenants as well as future prospective tenants. By removing parking spaces to the point that we no longer meet City of Fresno parking standards for our building makes us an illegal, nonconforming land use. Furthermore, Development of this car wash conflicts with Sec. 15-1301 PURPOSE (Employment Districts) of the Fresno Municipal Code as follows: Part B. Provide for the appropriate location of businesses that may have the potential to generate off- site impacts, while providing to ensure compatibility in use and form with existing and planned uses. List of major concerns that follows illustrates the incompatibility of the car wash to our existing commercial/office use : -Removed 43 spaces from their parcel plus 17 from ours leaving only 38 spaces for our building, which is less than the required 41 spaces for our commercial/office use (one space per 400 sq. ft.) -They have not provided any on site parking for employees and/or service vehicles, -They have removed the handicap spaces from directly in the front and center of the building to the Westernmost part of the parking lot. The access ramp to the building is also moved to the westernmost Part of the site. Not only to handicap persons have to cross the street to get to the ramp but it is approximately 350 feet to get to the easternmost part of the building. Furthermore, this directly impacts the existing adult day care center since the handicap spaces and ramp are now directly in front of their entryway. -If the stacking area for the car wash is full, cars waiting to use the facility will have to wait in the driveway, thus blocking access to the parking area for our building. Furthermore, if the car wash is very busy, cars could be backed up all the way to Fine thus impeding traffic turning from McKinley on to Fine. The idling of the cars 10 feet from the building and tenants would be disruptive and create a noise and air quality problem. Cars entering from the southwest entrance to the property going to the car wash facility would have to turn right into the car wash, and if cars queued up there to get in the car wash both sides of the drive would be blocked totally restricting traffic flow. It appears that the S curb extends directly into the west-bound traffic lane. -Neither the City of Fresno nor the developer of the car wash notified us of the proposed car wash. We had absolutely no input into how the car wash layout would affect us. We certainly would have voiced concerns regarding removal of our parking spaces as well as the other concerns indicated above. Plus, by not advising us we had no opportunity to appeal the project. -Giving this project a categorical exemption under CEQA because it is an infill project does not adequately address the negative impacts of the project. A noise study needs to be conducted to determine the impact on the building tenants from 16 vacuum machines, the noise generated by the machinery of the car wash and cars idling in front of the offices. The impact on the relocation of the handicap spaces and ramp needs to be addressed pursuant to ADA requirements as well as its impact on the existing adult day care use. The project may have air quality issues as well with cars idling in front of tenant spaces. -This project was built in 1981 as an integrated commercial center. The main building of 16,400 sq. ft. and a 6,400 future building site were approved with shared parking and access. This is totally contrary to that proposal. It not only restricts access but rearranges access and removes parking to the detriment of the main building. -In 2016 the property was zoned M-1-P. It is was rezoned at that time to IL (light industrial) as part of a city-wide rezoning initiative. Under the M-1-P zone a conditional Use Permit would have been required for a car wash and we would have been properly notified of the proposed use and we would have been able to formerly object and make our concerns known in a public forum. We were not notified of that rezoning, and, therefore, did not have a chance to determine how that zone change would affect us nor publicly object top our parcel being rezoned. Thus, we were not able to voice our opinion on the rezoning. The rezoning to IL creates a situation which limits commercial uses to a maximum 6,000 sq, ft and allows only ancillary office uses. Thus, we are currently a nonconforming use since our building is 16,400 sq. ft. and we have existing office uses that are not ancillary to other uses. Airport Village was a thriving commercial center in the 1980’s and into the 1990’s. The tenants back then were directly related to the also thriving office area to the east. Tenants included a business machine concern, office supply, in-line restaurant and offices. As computer age and big box retailers began to take hold and the office area began to decline these uses were no longer viable. Upon their departure, Fresno Airport began to grow and we took on a car rental agency. When the car rental agency found a location closer to the airport, we found that the area began to change and was no longer a viable commercial area. Thus, we began to lease to uses catering to the changing area. Besides office uses we leased to a church and then as the Asian population began to grow we provided space to our major tenant now, the adult day care center. We are adapting our uses to the area as it evolves and we will continue to do so. Approval of the car wash would, without a doubt, severely impair our building now and for the future. I appreciate the opportunity to comment and voice my concerns regarding the proposed car wash and thank you in advance for your consideration of this matter. I want to reiterate our strong objection to the car wash as it would severely impact our center to the point that it would render it unviable for future uses. Sincerely, Gerry Mirassou Co-Owner Airport Village From:paulette kalebjian To:Jose Valenzuela Subject:OPPOSITION TO DEVELOPMENT PERMIT APPLICATION NUMBER P22-01346 Date:Tuesday, March 14, 2023 1:03:57 AM External Email: Use caution with links and attachments Mr Valenzuela— Single email as requested My APN 49427010 — OPPOSITION TO DEVELOPMENTPERMITAPPLICATION NUMBER P22-01346 Opponents Dennis and Paulette Kalebjian TRS These Opponents were first noticed of the Environmental Assessment Number P22-01346 and the Development Permit Application of the same number, on Wednesday, March 8, 2023. We had no prior notice of a request to allow a car wash on the cornerof McKinley and Fine Avenues. For the first time, on today's date, March 13, 2023, these opponents observed a sign on the northwest corner of the intersection of McKinley and Fine Avenues, indicating that there would be a car wash coming to this location. The physical sign was first noticed on this date. With the short notice, the following objections, set forth herein, are only a preliminary list of the items of concern. First: There is a car wash that has been present for many years at the northeast corner of Chestnut and McKinley Avenues to the west of the proposed subject property. This car wash is ballpark .2 miles west of the subject property. It has seven washing bays, a car lube facility, and several vacuum stalls. Second: In 1993, your Opponents purchased the APN numbered property at the top of this opposition in a complex of 10 offices, consisting of professional and other office buildings. Al are occupied. . It is immediately north of the offices on the northwest corner of the intersection of Fine and McKinley. Within this 10 office complex is a Dental Office notably a I would also like to add, it is a children’s pediatric dentistry group. There are a number of children who, after appointments are in the area I do want to express a concern with the increase in vehicular traffic, that that would create. And, I see that car wash and the accompanying huge number of vacuum stalls as an attractive nuisance. Also present are CPA offices, Agricultural Entity Representation Organizations, a second Law Office, and two separate buildings owned and occupied by The Fresno Center. Offices are also located to the north of our complex. On the northeast corner of McKinley and Fine is more office space. There is a two-story office building on the immediate corner. To the northeast of said two-story building are more offices. On the immediate northeast corner of Winery and McKinley Avenues, a bit to the west of the property in question, is a Kentucky Fried Chicken and a Triangle Drive In. There is a Carl's Jr. eatery on the northwest corner of Gateway and McKinley Avenues. Again, this is east of the intersection in question. The McKinley/Gateway intersection is controlled by electrical traffic signals. There are no electrical control signals at the corner of McKinley and Fine Avenues. There is a stop sign for southbound traffic on Fine as it T's into McKinley from the north. There are no stop signs on McKinley at its intersection with Fine. There is a left-hand turn lane for eastbound McKinley traffic at Fine. It is a busy turn lane during the morning work arrival hours for the offices in the area. The noon hour traffic at this location is problematic for additional traffic and also at the work day end, 4:00 p.m. to 5:00 p.m. Third: There is a Charter High School on the west side of Fine Avenue within 1/4 mile north of the intersection of Fine and McKinley. The school generates an abundance of foot traffic for students in the morning hours and throughout the day, finishing at about 2:00 p.m.Students walk along Fine Avenue, primarily on the west side. Fourth: The passenger vehicles and trucks in the area is abundant and there is also airport related traffic to the east of the proposed property that makes it dangerous with its congestion. Fifth: There is also noise that would be generated by the proposed use, which is inconsistent with the area and would be a nuisance. Sixth: The intersection of Fine and McKinley is often flooded as the drainage is inadequate to eliminate/discharge the surfacewater during any rain event inexcess of 1/2 inch in an hour, which is often the case, in spite of the drought we have experienced in the last several years. This drainage issue has been an ongoing problem for many many years that area used to be considered in a floodplain and some drainage work was done over 30 years ago but for whatever reason it has been getting worse and worse and has become an ongoing problem in the wet years that we have had and quite a nuisance to drivers Please register these comments opposing the project Thank you Paulette Kalebjian Sent from my iPhone 1775 N. Fine Avenue Fresno, CA 93727 (559) 251-8468 Manuel Cunha, Jr. President Board of Directors League Area 1 Maurice DiBuduo, Paul LanFranco League Area 2 Bobby Sano League Area 3 James Oliver League Area 4 Bill Boos, Leland Herman, Mitch Bagdasarian League Area 5 Blake Carlson League Area 6 Doug Benik, Scott Peters Executive Board Maurice DiBudio 1st Vice President Doug Benik-2nd Vice President Scott Peters, Secretary Paul LanFranco-Treasurer March 14, 2023 Mr. Joe Valenzuela City of Fresno Planning and Development Department 2600 Fresno Street, Room 3043 Fresno, CA 93721 Re: Development Permit Application Number P22-01348 Dear Mr. Valenzuela, The Nisei Farmers League is the owner of three parcels (three offices) located at 1745, 1755 and 1775 N. Fine Avenue. Our offices are just north of the proposed Car Wash being planned at the intersection of McKinley and Fine Avenues, Fresno, California. One of our major concerns is the amount of traffic that already exists on our street of Fine Avenue and the intersection of Fine and McKinley Avenues. Our 3 offices are located at North Fine Plaza, which consists of 10 office buildings. The businesses established at these 10 offices include law offices, a dental office, CPA offices, agricultural organizations and other professional services. To the north of us, there is a Charter High School. The Fresno Airport is just north of us, on Clinton Avenue. There are fast food restaurants at the corner of Winery and McKinley Avenues and the northwest corner of Gateway and McKinley Avenues. All of these establishments cause additional traffic. There is already a car wash located on the northeast corner of Chestnut and McKinley Avenue, to the west of the proposed subject property. The amount of passenger vehicles and trucks in the area are abundant and there is the airport related traffic as well. In addition, there is a huge amount of flooding that occurs whenever we have rain. The drainage is inadequate to handle the development now existing. Adding a car wash at this location would create more need for additional drainage. These are just a few of the reasons that the proposed car wash is not a good idea in this area. We would like to be on record as opposed to the project identified as APN 494-270-01. Sincerely, Manuel Cunha, Jr. President March 14, 2023 City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 Re: OpposiƟon to Development Permit ApplicaƟon #P22‐01346 Ladies and Gentlemen: We just became aware of the March 15 hearing for the development permit #P22‐01346, which is for the development on a car wash on the Northwest corner of McKinley and Fine Avenues. Herein, we would like to provide our objecƟon and concerns regarding the development on this corner. We are owner‐occupants of APN 494‐270‐09, also known as 1715 N Fine Ave. Our building is located just north of the planned development. Having owned this property since first developed in 1981, we would like to share some perspecƟve on the current condiƟons in this area. Traffic CongesƟon This corner is a T intersecƟon without a traffic light, which adheres to right of way rules. Accessing Fine Avenue is accomplished most simply by making a right‐hand turn onto Fine when traveling West on McKinley. The more problemaƟc way of accessing Fine is from Eastbound McKinley, making a leŌ onto Fine. In heavier traffic Ɵmes, this turn gets congested. More people access Fine by coming Eastbound on McKinley, due to Highway 41 and Highway 168 feeding into McKinley from the West. ExiƟng Fine Avenue onto McKinley is also problemaƟc during heavier traffic Ɵmes. We are only able to make a right‐hand turn onto Westbound McKinley from Fine, which results in traffic backing up on Fine Avenue. Foot Traffic In the last several years, there have been changes in this area that has resulted in undesired foot traffic. If you are aware of the condiƟons along the canal that runs just South of McKinley, we have frequent pop ups of homeless camps along the canal. Although we empathize with what these folks are enduring, we do not welcome some of the foot traffic we receive as a result. Our complex has been the recipient of folks rummaging through our dumpsters, solicitaƟons, and in one instance, someone taking a bath in our flower bed. We are concerned that this development will aƩract added foot traffic of this kind to our complex, which is detrimental to our professional businesses. Drainage The corner of McKinley and Fine has one of the worst drainage problems we have encountered. Any consistent rainfall results in the corner flooding. Heavy, concentrated rainfall has resulted in not only the corner flooding, but a porƟon of Fine, as well as the parking lot of our complex, flooding. The concern here is that the drainage may not support the water usage by this business, exacerbaƟng the drainage problems. AƩached to the end of leƩer are a couple of pictures of a flooding issue we had a couple of years ago aŌer a significant rainstorm hit. The pictures were taken from our complex, poinƟng out to Fine Avenue. Again, we are immediately North of this proposed development. On that day, vehicles were trying to make their way out of the area, but were stalling due to the high water levels. We were trapped in our complex unƟl approximately 8:30pm that evening, when the water drained enough to leave. We kindly ask that you take our objecƟon and concerns into consideraƟon. If you approve the development, we can only hope that you address some of these issues with this corner. Thank you for your consideraƟon. We are happy to provide any further informaƟon if you require it. Regards, Krikorian & Company Accountancy CorporaƟon Enclosures of Flooding Pictures m McCORMlCK BARSTOW LLP ATTORNEYS AT LAW ChrisOpherS.Hall (AdmiReci in Cajlfomia) chriseor«r.hall@rrccorrnickbarstow.corn FRESNO. CAOFFICE 7S47 North Fresno Sheet Fresno,Cafifomia93720 P.O.60x28912 Fresno. CA93729-8912 Telephone {559]433-1300 Fax (559)433-2300 Other offices of McCORMlCK.BARSTOW,SHB>PARD. WAYTEiCARRimfLiP www.mccormickbarstow.com BAKERSFIELD,CA OFFICE 6060 California Ave..Suite 1090 Bakersfield,California 93309 Telephone (661)516-1594 Fax (661)616-1595 CINCINNATI.OH OFFICE Scripps Center,Suite 1050 312 Walnut Street Cincinnati,Ohio 45202 Telephone (513)762-7520 Fa*(513)762-7621 LAS VEGAS.NV OFFICE 0337 West Sunset Road,Suite 350 Las Vegas,Nevada 89113 Telephone (702)949-1100 Fax (702)949-1101 MODESTO,CA OFFICE 1125 I Street,Suite 1 Modesto,Califorrua 95354 Telephone (209)524-1100 Fa*(209)524-1188 RENO.NV OFFICE 201 W Liberty Street,Suite 320 Reno,Nevada 89501 Telephone (775)333-0400 Fax (775)333-0412 SAN LUIS OBISPO.CA OFFICE 1041 Mill Street,Suite 105 San Luis Obispo,California 93401 Telephorre (805)541-2800 Fax (805)541-2802 March 14,2023 Jose Valenzuela City of Fresno Supervising Planner Development Services Division Via email:Jose.Valenzueiatarresno.'^ov PubiicConimcntsPlan n iwndi]frcsn o.uo v Re: Development Permit Application No.P22-01346 4941 E.McKinley Ave.Project(APN 494-291-05) Dear Mr.Valenzuela and Commission Members: Thisletteris submitted in opposition to Development Permit Application No. P22-01346,for Property at 4941 East McKinley Avenue (APN 494-291-05)(the "Project").The undersigned,and the law firm of McCormick Barstow, LLP, has been retained to represent Xiamy Ly-Yang ("Sammy")and Gerry Mirassou.Sammy is a tenantatthe adjacent parcel (4927 East McKinley Avenue,Fresno,CA 93727)andthe operatorof Rivendell CommunityInc., an Adult Development Center. Mr. Mirassou is Co-Trustee of the Mirassou Survivor'sTrust created April 30,2005,the ownerof Airport Village.Please include this correspondence in the Planning Commission's information packet for consideration. My clients oppose the Project on the grounds that the Project is inconsistent with the uses of the adjacent properties and violates the terms of the Cross Access & Parking Agreement (Exhibit "P"to the Staff Report).They also object to the Applicants improperly attempting to make use of a categorical exemption to avoid examination ofthe significant environmental impacts that will be created if the Project is approved.My clientsask that the PlanningCommissiondenythe Applicationin its entirety for the following reasons.Alternatively,the Planning Commission must requirethattheApplicantpreparean Environmental ImpactReport ("EIR")toexamine the significant environmental impacts caused by the Project and analyze and adopt feasible mitigation measures to eliminate or reduce those impacts. It isour understanding thatthereisprogresson a planned development located on 4941 East McKinley Avenue in Fresno. Specifically, we understand that the intended development ofthis parcel isan automated carwash,which isof great concern as set forth herein.There are serious concerns about the detrimental and damaging impacts ofthe proposed project,with respect to both the existing use of the neighboring property owned by Gerry Mirassou and the impact of the project upon the current tenants of the neighboring property, who provide tremendous community services to a vulnerable population in Fresno. 1^ IVI c C 0 R IVI1 C K BARSTOW LLP ATTORNEYS AT LAW March 14,2023 Page 2 The larger area, commonly known as Airport Village,was planned and developedas an integrated commercial/office complex with sharedaccess and shared parking.(See,Exhibit "P" to the Staff Report.)Generally,the Project involves removing parking spaces,changing the location ofthe handicap access ramp,relocating the entrance driveway,automobile stacking areas immediately in front of existing offices tenants, and blocking traffic due to stacking in relocated driveway.What is greatlydistressingisthat this projectwilldrasticallyimpactthecurrenttenantsas well as future prospective tenants on the neighboring property—yet,the neighboring landowner,Mr.Mirassou wasnever consulted aboutthese potential issues or pemiitted to engage in dialogue with the developer and/or the City,nor given notice of the proposedProject. Nor was Mr. Mirassougivennotice when his propertywas rezoned to light industrial as partof city-wide rezoning effort.Had notice been provided,Mr. Mirassou would have expressed his concern with the rezoning of his property,given its existing use.Even so, the regulations governing Employment Districts require considerationexisting uses so as to provide for the proper locationof businesses that may have the potential to generate off-site impacts.(14 CC&R §15-1301.)The operation ofa carwash next tothe existing useof Parcel "A"asanadult care facility is fundamental inconsistent. One critical concern is the parking associated with the Project.Based upon a reviewofplansand blueprints,it appears thatSurfThruCar Wash plansto remove the handicap spaces directly in the front and center of the building on Mr.Mirassou's property,and move suchspacesto the westernmost part of the parkinglot. It further appears that the handicap access ramp to the building is also intended to be moved to the westernmost part of the site.Not only will handicap persons have to cross the street to get to the ramp, but it is a significant distance—about 350 feet to get to the easternmostpartof the building.In additionto the handicapspaces, it appearsthat the Projectproposestoremove43parkingspacesfromParcelB,as wellas 17 spaces from the property owned byMr.Mirassou,leaving only 38 spaces forsaid property.The38 remaining spaces are less than the required 41 spaces for the property's commercial/office use(onespaceper400sq.ft.),resulting in Mr.Mirassou's property no longer meeting City of Fresno parking regulations, potentially creating a nonconforming land use. Not only does the proposed Project impede existing property use and compliance, but it also uniquely threatens a group of vulnerable, underprivileged adults. Since 2018,Airport Village has been home to Rivendell Community Inc. ("Rivendell"),an agency serving underprivileged and vulnerable adults with disabilities. Rivendell is owned by Xiamy Ly-Yang. Rivendell offers services five (5) days per week,and its clientele range from severely to mild developmentally disabled adults.Rivendell provides a safe haven to low-income disabled adults who are often socially isolated from the mainstream community due to their disabilities,language barriers, societal and cultural stigmatization,and inadequate services. Rivendell is one of a handful of agencies that serves disabled adults in the Central Valley and has become an integral part of the Fresno community.Many local families,and their m IVI cCOT^Ml CK BARSTOW LIP ATTORNEYS AT LAW March 14,2023 Page 3 disabled children, depend on Rivendell to provide assistance and care for these vulnerable adults. Critically, Rivendell also provides a unique service in on-site job and work training. These jobs at Rivendell are specifically tailored to the needs of the clients. For example,at Rivendell's bakery kitchen,the adults can work a few hours perday under the proper supervision of Rivendell staff to so that they can developjob skills, job training, and gain further independence. Sadly,the proposed Project jeopardizes the services that Rivendell will be able to offer the Fresno community,and may jeopardize Rivendell in its entirety.The cumulative impact of the proposed Project on this vulnerable population was not considered in approving a categorical exemption. Nor was the correct baseline established to evaluate potentially significant environmental impacts.Specifically,the construction of the car wash will result in loud noisesfrom the car washingmachines and the large vacuums and the music from the customers'cars.With the vulnerable adult population just steps away,these constant,high-volume noises will cause very likely substantial harm to many of Rivendell's clients who experience sensory integration challenges,which include visual and auditory triggers.TheApplicant's own noise study shows that the Projectwill generate operational noise levels that exceed 65. It also shows that levels will reach as high at 60 in certain spots of Rivendell. Tragically,these sensory integration challenges often present through a physical manifestation of stress and anxiety,such as self-abusive behavior,including clients hitting themselves on the head repeatedly,scratching their own faces,and hitting themselves on the temples. Should the Project be approved,Rivendell's families and clients will likely be unable to continue to participate in the Rivendell program, resulting in this vulnerable group of underprivileged adults and families lacking necessary support and forcing Rivendell to close its doors and lay off all of its employees. Additionally,the establisliment of a car wash in this location presents other safetyconcernsforthis disadvantaged group.Asdiscussedabove,SurfThruCar Wash is proposing to demolish the existing handicap parking stallsrightin front of the main entrance to Rivendell.Therefore,Rivendell's clients with wheelchairs and walkers will no longerhave directand unimpeded accessto the mainentrydoor.The distance from the existing handicap parking stalls to the facility's main door is about 5 feet away, whereas the new location ofthe handicap stalls under Surf Thru Car Wash's proposal places thesehandicapspacesat hundredsof feetaway from the maindoor. Thesenew handicap parking stalls would also be located on thefar west side of the parking lot, which,in addition to the physical distance,willbe challenging forRivendell's clients and the public to navigate to the building.The path to Rivendell from across the parking lot has a multitude of support structures that will impedeclient wheelchairs and walkers along the side of the Rivendell building.The support structures would likely have to be removed and rearranged to allow for a clear path for Rivendell's disabled clientsto access the main entrance,whichposesanissuefor Rivendell andthe property owner,Mr.Mirassou. m IVI c C 0 R IVl 1 C K BARSTOW LLP ATTORNEYS AT LAW March 14,2023 Page 4 Alongthesame lines,the car wash appears to threaten the existing busing and family transportation to and from Rivendell.Many of the adults are brought to the facility by large EOC buses.Given the disabilities of Rivendell's clients,including those clientsin wheelchairs,these buses require a significant amount of space andtime to load/unload theadultsintoandoutofthe bus.Aswe understand,the existing project proposes to modify the existing entrance from Fine Avenue for its customers, which would result in Rivendell's buses being unable to use such entrance. This would also preclude Rivendell families and parents from having a safe space to enter the facility and drop off their children. At its core, the Projectproposal as planned, threatens theexistence of Rivendell and drastically interferes with and obstructs Mr.Mirassou's use ofhis own property. We respectfullyurge the City to consider these detrimental impactsof SurfThru Car Wash and take necessary and appropriate actions to address these such detrimental impacts and to protect the vulnerable and underserved adults in the Fresno community. I.CEQA The Applicationimproperlymake use of Categorical ExemptionClass 32 (In- Fill Development).A Class 32 exemption from the mandates of CEQA is only available if certain criteria is met.On such criteria is that it must be demonstrated that the project would not result in any significant effects relating to traffic,noise,air quality andwater quality.(14CCR§15332(d).)A categorical exemption is unavailable when there is a reasonable probability that an activity will have a significant effecton the environment dueto unusual circumstances.(14CCR§15300.2(c).) An unusual circumstance exists due to the unusual yet vital use made on the adjacent property. As set forth above,Rivendell providesa necessaryserviceto some oftheCity's most underserved and sensitive residents.These individuals are unusually susceptible to noise and traffic impacts. Adequate disabled parking is crucial to servicing this community.Yet,nowhere in the Environmental Assessment for the proposed Project is this community recognized,much less protected. A.Noise The Noise Study prepared by MD Acoustics, LLC establishes that the Project will generate operational noise levels in excess of 65 dB(A).(Exhibit "0"to Staff Report.) Levels within the Airport Village facility, where Rivendell is located,will range between 65 and 45 dB(A). Table 15-2506-B of the Fresno Municipal Code establishes that the maximum allowable dB(A) for schools and office buildings is 45. It also establishes that the maximum allowed for other noise sensitive uses is to be established by the Review Authority. Despite the study and the limits established by the Fresno Municipal Code, the Environmental Assessment for the Project concludes m M cCORMlCK BARSTOW LIP ATTORNEYS AT LAW March 14,2023 Page 5 that the proposed Project will not impinge on existing noise-sensitive usesin thearea of the Project. The proposed Project w///have a significant effect on the adjoining property. The Noise Study conducted for the Project at the request of Fresno County Environmental Health demonstrates that the noise generated by the operation of the Project will exceed allowable standards for neighboring property owners and users.No effort in the study was made to evaluate the unusual circumstance created by the presence of Rivendell and its sensitive clients.Because it has been demonstrated that the proposed Project will have a significant noise impact,and the report fails to evaluate the unusual circumstance of the noise sensitive clients of Rivendell,the Class 32 exemption is unavailable. B.Traffic and Circulation The proposed Project will also have a significant impact on traffic and circulation.The Site Plan for the proposed Project shows that itis anticipated that the carwash customers will make exclusive use of the entry on Fine Street.This is the same entrance that the buses and vans that transport the clients of Rivendell utilize to enter the premises.Without this access, those buses and vans must make a U-turn on McKinley at Fine to enter the premises to the west on McKinley.The analysis of traffic effects in the Environmental Assessment omit any consideration of the loss of an entrance andthe resulting impacts created by numerous buses and vans being forced to makea U-turnto enterthe Rivendell premises. Also,the Site Plan shows that the cars from the carwash will be able to enter the parking lot on Parcel "A"at the "cross-access location".This will create a situation where the disabled clients of Rivendell are forced to navigate a congested parking lot full of carwash customers in a hurry to get back to work.This obviously creates a circulation safety issue to this unique community. The Environmental Assessment omitsanydiscussionor analysisof the impactson circulationcreatedbythis situation, instead focusing exclusively on the trips per day generated by the new business. Because of the unusual circumstances of the Project location,a Class32 exemption is unavailable andan EIR is required to evaluate the potentially significant environmental impactscreatedby the Project. C.Parking The proposed Project will also create significant impacts to existing parking, includingdisabledparking. Constructionaccordingto the SitePlanwillcausethe loss of sixty (60) parking stalls, including 17 on the property owned by Mr. Mirassou and utilized bythe tenants of Airport Village. It includes the lossofcrucial disabled spaces and forces people in wheelchairs to navigate the onslaught of carwash patrons existing through Parcel "A". No evaluation of this impact is performed. Nor is it explained how Applicant can cause the loss of parking spaces on property not owned by the m M c C 0 R M 1 C K BARSTOW LIP ATTORNEYS AT l,AW March 14,2023 Page 6 Applicant or force Mr. Mirassou to accept construction on his property to accommodate the Applicant. If the Applicant believes that the Declaration of Restrictions RegardingNon- ExclusiveCommonParkingandAccess("Parkingand AccessAgreement")authorizes modification of Parcel "A" to accommodate the carwash, the Applicant is mistaken. (Exhibit "P"to Staff Report.)This document,created at a timethatit was anticipated that Parcel "B" would be put to the same use as Parcel "A", simply allowed for reciprocal parking.It does not give the owner of Parcel "B"the right to make modifications to the existing improvements to Parcel "A" and certainly does not authorize the removal of parking stalls to accommodate a carwash.Simply put, the Applicant cannot build out the Project as reflected on the Site Plan because the Applicant does not own the rights to alter Parcel "A". In fact, the Parking and Access Agreement mandates that the Project not be approvedas designed.Underthe Agreement,the tenantsof Parcel"A" have a rightto ingress and egress for persons and vehicles through Parcel "B",presumably through the FineStreetentrance. Thedesignof theproposedProjecteffectivelyeliminatesthis recorded right and would be a violation of the restrictions and covenants if built. II.Conclusion Sammy and Mr.Mirassou respectfully request thatthe members ofthe Planning CommissiondenytheApplicationtoprotecttheexistingtenantsof AirportVillageand their clients.Theclientsof Rivendell are vulnerable,unique,andmadeofan important and underserved community.There are plenty of places to build a carwash, but immediately adjacent to an AdultCare Facility for autistic peoples isnotoneof them. If the members are not willing to deny the Project outright,an Environmental Impact Report is required to analyze the significant environmental impacts cause by the proposed Project and require the adoption of all feasible mitigation measures. Failure to require an EIR will constitute an abuse of discretion and render the approvals subject to reversal. Very truly yours. Christopher S.Hall CSH 041235-000000 8905262.1 NWC of McKinley and Fine Mass Investment Group- PC Appeal Rebuttal APPEAL Mass Investments has been working with the City of Fresno on a proposed car wash for the property located at the northwest corner of Fine and McKinley Avenues. The Project is permitted by right and is subject to a staff-level Development Permit process. During the initial on-site surveying, a neighboring tenant located in the inline multi-tenant building to the north of the subject site, expressed concern with the proposed car wash. A formal appeal was filed to City Planning staff indicating that the proposed car wash created a concern for the adjacent Rivendell day care facility and their operations. In response, we have provided the following rebuttals that bring merit to the proposed car wash use; strengthening the fact that this use is a compatible land use that meets every aspect of the Light Industrial classification. ZONING The project site is located within the IL (Industrial Light) Zone District. The intent and purpose of the IL district is intended to provide areas as identified by the General Plan, for a 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. Light Industrial areas may serve as buffers between Heavy Industrial Districts and other land uses and otherwise are generally located in areas with good transportation access, such as along railroads and freeways. EXAMPLE OF PERMITTED USES Kennels Automobile Rentals Automobile Sales Major Vehicle Repair Major Service and Repair Large Vehicle and Equipment Sales Service Stations Automobile Washing Motorcycle /Riding Club Maintenance and Repair Services Custom Manufacturing Limited and General Industrial Uses Wholesaling and distributing Freight/Truck Terminals and Warehouses *Office uses are permitted but considered ancillary In reviewing a small segment of permitted uses as provided above, it is clear that the car wash is classified as a compatible use with the land use table of the Fresno Municipal Code, meeting both the intent and spirit of Fresno’s Development Code. COMPATIBILITY Generally, in reviewing proposed uses, the key areas of consideration are consistency with the General Plan Economic Goals and Policies. The property owner considered these factors and feels that the Project meets the City’s desire to balance commercial and industrial growth along the McKinley Avenue corridor. The Project will encourage and foster economic opportunities that support temporary and permanent jobs for the area. In addition to the construction jobs it is anticipated that the proposed car wash will employ approximately 15-20 part/full-time positions. The City of Fresno completed a City-wide update of its General Plan and Zoning in the year 2016. As part of that revision, uses such as the proposed automated car wash and the aforementioned uses, were considered and it was found that these proposed uses bore no issues, nor would they impair the integrity and character of the subject zoning, and is considered compliant with the Zone Ordinance. The Project is consistent with the General Plan and any applicable Specific Plan and is an acceptable by-right use. The Project itself, in its design, location, size, and operating characteristics, is compatible with the existing and future land uses and would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses operating nearby or adverse to the public interest, health, safety, convenience, or welfare of the City. This Project is compatible with the existing surrounding commercial and industrial land uses. The Project will not be out of the ordinary as it relates to the character of the surrounding area. Further, the Project would maintain the general circulation pattern existing on the site by retaining ingress/egress from Fine Street and the western access point. This remining in-fill site is surrounded by quasi-office and typical commercial and industrial developments and will have the infrastructure in place to support the car wash. The Project, once completed, will comply with all applicable public health standards and will have adequate provisions (i.e. water, sanitation, utilities, etc.) which are readily available and accessible to the proposed use. NOISE The proposed Industrial use was generally reviewed and considered an approved use per the City’s General Plan land use element. Specifically, the General Plan analyzed various uses permitted under the Industrial Zone District that considered noise as part of its EIR analysis. Since the use was permitted by right and its use had been considered under the many components of the land use, a Noise Study was not required. Subsequent to review and appeal of the Project, we were contacted by City staff requesting that if we could provide a Noise Study that clearly demonstrated that the proposed use would not detrimentally affect existing neighboring uses, that such study could be beneficial to further verify the proposed car wash use and it’s right to move forward. On March 3rd, MD Acoustics- Sound Solutions for Planning and Design, prepared a comprehensive study that indicated that the noise levels would not exceed the City’s commercial noise limit. The noise levels were considered utilizing worst case scenarios with all equipment active at the same time for extended periods. In conclusion, the noise study states that the proposed use at operation will not exceed commercial noise levels and will operate in compliance with the general noise ordinance. The project sight and surrounding area businesses are approximately ½ mile from the Fresno- Yosemite Airport and under 200 feet from an active railroad system on the south. Those uses present more of a noise impact than the actual car wash could generate. TRAFFIC The use is projected to serve approximately 250-cars per day. This number can generally be divided among the daily 14 operational hours, equating to an average of 17 vehicles per hour. Access will be via the existing Fine Avenue approach with an additional access point on the west side to McKinley Avenue. The two existing access points will provide for equal disbursement of traffic in and throughout the site. PARKING The site is developed with an array of parking. Several existing stalls are located on the Project site and will require removal in order to develop the car wash site. Even though the proposed car wash will remove parking stalls from the site, the office users will still maintain 43 available stalls. SIMILAR CAR WASHES- PRECEDENCE The City of Fresno as well as the City of Clovis have approved car washes without incident throughout the respective Cities. The following represents a snippet of car washes that were approved and have been established in close proximity to either residential districts or similar office settings: Raceway Express- 6623 N Milburn - 98 feet from an office use; Ride N Shine- 6240 W Fig Garden Dr- 30 feet to Golden One, and 63 feet to inline commercial; Quick Shine- 5525 W Shaw- 38 feet to Residential; Ride N Shine- 1015 E Bullard- 70 feet to inline commercial and office uses; Ride N Shine- 202 S Clovis- 10 feet to Residential on the west and 68 feet to Residential on the south; Surf-Thru, NEC of Shaw and Fowler, Clovis- Medical Office 55 feet to the north; Surf-Thru, NEA of Herndon and Sunnyside- Residential 100-feet to the north These facilities appear to be operating harmoniously with ethe current varies settings across from existing car washes. As part of our due diligence, we reached out to Fresno’s Code Enforcement Planning staff, and City Development Liaison for any information that may have indicated any type of concerns with these car washes, but none were reported. RIVENDELL COMMUNITY, INC The primary complaint regarding the proposed project came from tenant Xiamy Yang, who operates Rivendell Community, Inc. within the office building to the north. The operator facilitates an adult care facility for patients with varying spectrums of disabilities. I had an opportunity to meet with Ms. Yang as well as other interested parties onsite on January 3 rd, 2023. Ms. Yang’s initial concern was that her business operates an 8-4 day facility who’s patients could be impacted by the proposed car wash. Ms. Yang expressed concern that loud noises could “potentially” startle patients, causing them to leave the building and run out into the streets. I explained that this could be considered a security issue with her operation in that the existing environment of the area is bound with McKinley Avenue on the south which is a four-lane super- arterial with traffic that exceeds 50 mph. Coincidently, noise traffic from large box trucks, motorcycles and other modified exhaust systems were present as we tried to discuss the Project while outside. Additionally, the neighboring Fresno Yosemite International airport, provided the most obtrusive noise impacts with various planes, jets and helicopters entering and leaving the airport throughout the entire day. Lastly, there is an active rail system across the street to the south which also contributes to intermittent noise that should have been considered in operation of the facility. I offered to speak to the owner with the possibility of providing a small barrier system on the north side of the project for additional sound mitigation but was told that any effort on our part would still be fought in opposition. I explained that the primary function of this specific Zone District was for the primary use of Industrial type uses, and that office-related uses were considered ancillary. I also expressed that although Ms. Yang was adamantly against the project, we were still willing to discuss minor changes to on-site circulation, but Ms. Yang indicated that as long as the discussion involved the car wash, she would be adamantly opposed. I explained that the district allowed for an array of industrial uses (listed above) that could be considered more detrimental to the Project siter. Ms. Yang indicated that she would fight each and every other use that she felt caused concern. PARKING The applicant, Mass Investment Group, purchased the property 4 years ago with the intention of developing the site. The applicant has found success in getting entitlement approvals for car washes in Fresno and outlying communities and was pleased to find this property met his profile. This site was evaluated for compatibility and demographics prior to a significant investment in real estate, drawings, architecture and engineering. I expressed to Ms. Yang that the owner would like to be a good neighbor and be sensitive to her concerns but ultimately, would like move forward with his project and will be sensitive to her concerns by assuring that staff is constantly monitoring the site for noise concerns and safety. Ms. Yang indicated that development on the site would significantly impact her parking in that the vacant lot was currently utilized for overflow parking. I expressed that it is not permissible to use his parcel for her parking and that could present a liability issue with the property owner. RIVENDELL EVENT CENTER In discussion with Ms. Yang, it was revealed that the 10,000 square foot building serves a secondary purpose. After hours, the facility is utilized as a non-permitted banquet and event center named Rivendell Hall. This facility is rented out weekly and advertises ample parking (see below). This is in conflict to Ms. Yang’s concern that the car wash would detrimentally affect the area’s parking needs. City staff has verified that the event center is in non-compliance and should be subject to conditional approval prior to operating the large-scale after-hours facility. Requiring the event center to submit for proper entitlements could ensure legal review of the use, occupancy, and health and safety regulations. CONCLUSION Mass Investment Group has invested a significant amount of time (one year) and money in getting the Development Permit approval for the proposed car wash as prescribed in the Fresno Municipal Code. The proposed car wash use is compatible in intent and purpose and meets the compatibility threshold of the land uses as prescribed in the Light Industrial Zone District and the Fresno General Plan Land Use Elements as assigned to this and surrounding parcels. The applicant has the approval and believes that the appellant’s concerns are subjective and should not be considered evidence to overturn the approval of a use that is permitted by right in a District that clearly has been reviewed and evaluated for this specific type of use in an area that will benefit from an area car wash. Planning staff is the urban authority on land uses and provides the community with clear guidance on development and uses within the assigned districts. Planning staff’s review and approval of the Project, in addition to staff’s report that supports the Project, should be considered in the decision making process by the Planning Commission. The owner and applicant therefore support staff’s recommendation to deny the appeal, allowing for the next step in the development process, which includes the submittal of construction drawings as required for the construction of this added. Sincerely, Orlando Ramirez, On Behalf of Mass Investment Group From:Dan Waterhouse To:Jose Valenzuela Subject:Car Wash on McKinley Date:Monday, May 01, 2023 6:24:08 AM External Email: Use caution with links and attachments Good morning! Please include this message for the planning commission’s consideration this week. I support the car wash being built at McKinley and Fine. As far as the adult day care goes, it’s another example of a business operating illegally in town. In this case it’s their unpermitted events center. Hopefully, code enforcement will take a long hard look at this operation. Dan Waterhouse Fresno Sent from my iPhone From:Orlando Ramirez To:Jose Valenzuela Cc:Seth Ramirez; Moe Assad Subject:Re: Xpress Carwash Outreach Summary Date:Friday, April 28, 2023 2:16:14 PM External Email: Use caution with links and attachments Met at the offices of McCormick-Barstow 4/12/23 Surf Thru Team: Moe Assad Patrick Orlando Ramirez Seth Ramirez Appeal team: Commercial Center Owner/Property Manager Chris - Mcormick Barstow Attorney Zach Kaufman We the applicants of the Surf Thru project met with the owner of the adjacent office complex along with his broker and attorney. Our goal was to gain a deeper understanding of the opposing party's perceived detrimental impacts that the car wash would have. Their main concerns stem from the idea that traffic and noise will be greatly increased due to car wash operations and clientele. Additionally, they are concerned that the placement of the proposed car wash will diminish their own property values and create an eyesore for their own clients and customers. After discussing that we have taken all the necessary measures to insure that our project mitigates all sound, traffic and compatibility issues - they still strongly oppose our project. We were told that unless we brought forward a project that they would like to see for that parcel, they would pursue a CEQA lawsuit that would require us to perform a full EIR on the site. We asked them to provide us a list of uses that they could potentially support and we would consider them if it made financial sense. 4/25/2023 Met onsite at Rivendell Appeal Team: Xamy Yang Xamy's Spouse 8 Rivendell Staff/Volunteers/Tenants Shun - Prestige accounting (Tenant) Chris- Mcormick Barstow Surf Thru Team: Moe Assad Orlando Ramirez Seth Ramirez This meeting was facilitated by our team as directed by the Planning Commission to hear out any concerns directly from the tenants and try to make concessions in an effort to satisfy them. The appellants continue to feel that due to the sensitive nature of the special needs clients they serve, a car wash would create an unsafe environment for them due to increased noise and traffic. Our meeting was held on-site of the proposed project and in the span of an hour, the overhead noise from aircraft as well as traffic along Mckinley Avenue is already greater than the noise from the proposed car wash would ever produce at full operation - this is proven in the noise study we commissioned. To mitigate their concern of traffic, we offered to redesign the site in a way that would discourage or at least minimize car wash clients from ingressing and egressing our site from any of our neighbors' parking lots. We also offered to remove a few of the proposed vacuum stations on our property and turn them into parking stalls for the accounting and real estate firms located behind our site. Overall this meeting had a more positive tone, but despite our offer to make concessions, the opposition still feels that a car wash would not be good for the area due to traffic and noise. They did however express support if we wanted to propose a drive thru coffee shop or restaurant. However, those uses would propose a greater volume of average daily traffic (nearly double) according to the ITE trip generation manual. To: Jose Valenzuela From: Gerry Mirassou On Wednesday April 12th, myself, my atorney, Christopher Hall and my real estate broker, Zack Kaufman met with the developers of the proposed car wash, Mohammad Assad, his father, his consultant, Orlando Ramirez and his real estate broker at the office of Christopher Hall. We reiterated our concerns regarding the impact of the project on Airport Village, i.e., using our parcel to accommodate their use and the impacts the car wash would have on our exis�ng and future use of the property. We also ques�oned them on why we were not no�fied during the planning stages of the project so as to avoid the present conflicts between the two sides. A�er approximately an hour and a half of discussion we concluded the mee�ng with no progress toward a resolu�on of our differences. Although they offered to remove two of the vacuum stalls along the driveway and convert them to handicap parking spaces to mi�gate their use of our property we were resolute in our insistence that they cannot use our site at all to develop their car wash. They cannot remove parking spaces, change the driveway loca�on or relocate the handicap parking spaces. We also stated that the car wash would disturb exis�ng tenants of our building due to noise from the car wash machinery, radios, and constant automobile traffic and stacking. We emphasized that the car wash is not compa�ble with our current uses or other poten�al uses allowed in Airport Village and that their proposal to remove spaces from our site would severely limit future uses since we would not be able to meet parking requirements. Furthermore, we emphasized that approval of the car wash conflicts with SEC, 15- 1301 PURPOSE (Employment Districts) of the Fresno Municipal Code which states that uses is these zones “provide for the appropriate location of businesses that may have the potential to generate offsite impacts, while providing to ensure compatibility in use and form with existing and planned uses.” We strongly asserted that the proposed car wash is not compa�ble to our use and should be a reason for denial. They stated that the car wash would help us because it would bring in more traffic. The developers asked us that since we were opposed to the car wash, what other uses might we agree to. We men�oned that a sandwich shop, coffee shop or retail business would be compa�ble uses as that was what the original site development plan for the parcels envisioned. During our discussion of poten�al uses, if not a car wash, we discussed that us buying their parcel was a possibility; however, the price they men�oned was too far out of line for our considera�on. We were somewhat surprised that they offered to sell the property since they stated that they had a solid deal with the Surf Thru company. It makes us wonder if they really do have a deal with Surf Thru or if they are just using this proposal as a pretext to leverage a sale to us. As far as I recall, these were the salient points of our mee�ng with the developers of the proposed car wash. We steadfastly oppose its approval and considerate its nega�ve impacts to our property very significant and contrary to Sec.15-1301 PURPOSE (Employment Districts). Approval of this car wash project would, in effect, severely limit the use of our property now and in the future. Thank you for your considera�on of this mater and we are available to answer further ques�on or provide further informa�on. Sincerely, Gerry Mirassou. Co-owner of Airport Village FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13799 The Fresno City Planning Commission, at its regular meeting on May 3, 2023, adopted the following resolution relating to Development Permit Application No. P22-01346. WHEREAS, Development Permit Application No. P22-01346 was filed with the City of Fresno by Orlando Ramirez of Ramirez Land Development, on behalf of Mohammad Assad, for ±0.69 acres of property located on the northwest corner of East McKinley and North Fine Avenues; and, WHEREAS, Development Permit Application No. P22-01346 proposes to construct a 4,400 square-foot automated car wash building with 16 vehicle vacuum stalls on a ±0.69-acre property; and, WHEREAS, on March 15, 2023, the Fresno City Planning Commission (Commission) reviewed the subject development permit application in accordance with the policies of the Fresno General Plan and McLane Community Plan, and, WHEREAS, during the hearing, the Commission received a staff report with related information, an environmental assessment and considered testimony regarding the proposed application which was appealed on December 23, 2022; and, WHEREAS, a majority of the members in attendance spoke in opposition of the proposed Development Permit application; and, WHEREAS, during the hearing, the Commission continued the subject Development Permit application to a May 3, 2023 public hearing, to provide the applicant, adjacent property owner, and tenants to discuss concerns raised during public testimony; and, WHEREAS, the Commission conducted a public hearing on May 3, 2023, to review additional information provided by the Planning and Development Department and considered the Department’s recommendation to deny the appeal for the proposed application subject to the Conditions of Approval dated December 8, 2022; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Development Permit Application No. P22-01346 will have a significant effect on the environment. 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 a determination of a Class 32 Categorical Exemption from CEQA is appropriate in accordance with the provisions of CEQA Section 15332. Accordingly, the Commission recommends the Council approve the Categorical Exemption for Environmental Assessment No. P22-01346 dated December 8, 2022, and, BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the Planning Commission Resolution No. 13799 Development Permit Application No. P22-01346 May 3, 2023 Page 2 City Council of Development Permit Application No. P22-01346, subject to the Planning and Development Department Conditions of Approval dated December 8, 2022. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Wagner, seconded by Commissioner Lyday. VOTING: Ayes - Bray, Diaz, Lyday, Wagner Noes - Vang (Chair), Criner Not Voting - None Absent - Hardi (Vice Chair) DATED: May 3, 2023 _______________________________ JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13799 Development Permit Application No. P22-01346 Filed by Orlando Ramirez of Ramirez Planning, on behalf of Mohammad Assad. Action: Recommend Approval to the City Council W McC0RMICK BARSTOW LLP ATTORNEYS AT LAW Christopher S. Hall (Admitted in California) christopher.hall@mcormickbarstow.com FRESNO, CA OFFICE 7647 North Fresno Sfeet Fresno, California 93720 P.0. Box 28912 Fresno, CA 93729-8912 Tel€phone (559) 433-'1300 Fax (559) 433-2300 othor ottices of McCoRMICK, BARSToW, SHEPPARD, WAYTE & CARRUTH LLP M. mccormickbarstow. com BAKERSFIELD, CA OFFICE 5060 California Avo., Suite 1090 Bakersfield, California 93309 Telephone (661 ) 616-1594 Fax (661) 616-1595 CINCINNATI, OH OFFICE Scripps Center, Suite 1050 3'12 Walnut Street Cincinnati, Ohio 45202 Telephone (51 3) 7 62-7 52O Fax (5131 762-7521 LAS VEGAS, NV OFFICE 8337 West Sunset Road, Suite 350 Las Vegas, Nevada 891 13 Telephone (702) 949-1 100 Fax (702) 949-1 101 MODESTO, CA OFFICE 1 1 25 I Street, Suite 1 Modesto, California 95354 Telephone (209) 524-1 100 Fax (209) 524-1 1 88 RENO, NV OFFICE 201 W. Liberty Street, Suite 320 Reno, Nevada 89501 Telephone (775) 333-0400 Fax (775) 333-041 2 SAN LUIS OBISPO, CA OFFICE '1041 Mill Street, Suite l05 San Luis Obispo, California 93401 Telophone (805) 541-2800 Fax (805) 541-2802 Re May 11,2023 Vra, U.S. Mlrr, aNo Er-pcrRoNrc Mrul Jennifer Clark, Director Planning & Development City of Fresno 2600 Fresno Street Fresno, California 93721 APPEAL OF ENVIRONMENTAL ASSESSMENT Development Permit Application No. P22-01346 Our File No.: 041235.000000 Dear Ms. Clark: Pursuant to Fresno Municipal Code section 15-5005(I), Xiamy Ly-Yang on behalf of Rivendell Community, Inc., and Gerry Mirassou as Co-Trustee of the Mirassou Survivor's Trust created April 30, 2005 (Owner of Airport Village) hereby appeal the findings of the Director and Planning Commission that Development Permit Application No. P22-01346 is categorically exempt from CEQA under 14 CCR $ 13332 /Class 32 In-Fill Project. A copy of the Notice of Exemption filed on May 8, 2023 is attached hereto as Exhibit "A" and is incorporated by this reference as though fully set forth herein. The basis of this Appeal is that there is a reasonable probability that the designated activity for the Project will have a significant effect on the environment due to unusual circumstances. (14 CCR $ 15300.2(c).) As detailed in the numerous comment letters presented in opposition to the Project, the Project is located adjacent to an adult daycare facility for autistic individuals. These individuals are particularly susceptible to noise, traffic and parking concerns associated with the Project. (See Letters in Opposition, attached hereto as Exhibit "B", incorporated by references as though fully set forth herein.) Despite the unusual circumstance and reasonable probability of significant environmental effects being brought to the Director and Commission Members' attention, no findings were made regarding the issues in violation of CEQA. Ms. Ly-Yang and Mr. Mirassou are conculrently petitioning Mayor Dyer and Councilmember Maxwell to appeal the approval of Development Permit Application No. P22-01346. A copy of that Petition will be provided under separate cover. Please include this Appeal and the subsequent Petition in the Record of Proceedings associated with the Project. W McCORMICK BARSTOW LLP ATTORNEYS AT LAW Jennifer Clark May 11,2023 Page2 Please contact the undersigned with any questions, comments or concerns. I have previously requested special notice of any actions taken regarding this Project. Very truly yours, Christopher S. Hall CSH Enclosures cc: Mayor Jeny Dyer Councilmember Tyler Maxwell Xiamy Ly-Yang Gerry Mirassou Jose Valenzuela Kristi Costa 041235-000000 9108485. I EXHIBIT (IA'' FROM: Cily of Fresno Planning and Development Department 2600 Fresno Streel, 3'd Floor Fresho, Galifornia 937 21 -3604 NOTI M ON TO: X Fresno County Clerk 2220'Tulare Street Fresno, California 93721 €za > tj,{}{}$ !3LItE MAY tl8 2023 -Office of Planning & Research SCH NO.: N/A P.O. Box 3044, Room 212 Sacra rnento, Galiforn ia 9581 2-30 44 Project Titlez Development Permit Applieation No. P22-01 346 Project Laca:tion; 4941 East McKinley Avenue (APN: 491-291-05) Proiect'Loeatidn -.City: City of Fresno Project Location - Coun$y: County of Fresns Description of Nature, Purpose, and Benefiaiaries of Project: Envir,onmental Assessment No, P22-0i346 was filed by Orlando Ramirez of Rarnirez Planning, lnc-, on behalf of Mohamad Assad, and pertains to t0.69 acres of vacant property. Development Permit Application P22-O1346 requests authorization to construct a t3,500- square-foot autornated carwash building with approximately 16 ysn-i6ls.self-serviee- vacuum stalls. ln addition, the project proposes on and off.site i6provements including but not lirnited to landscaping, a modified drive approach and utilities. The project is located in the lL (Light lndustrial) zone district. Name of PubliC Agency Approving Project: City of Fresno, Planning and Development Department lVame 6f Petson or Ag€ne Carrlring Out Projecf;Orlando Ramirez of Ramirez Planning, lnc. Declare.d'Emerge.ncyl -PRCS21 Emergency Project - PRC s FRE$NO COUNTY CLERKBy . "YVrq*,q,nrvt,.{} " t} {l DEPUTY (check if aftached) agency approving the prpject? [ Yes n No Exempt Sfafirs,: Ministerial: (check,one), PRC S 21080(b X1)r cEOn CEQA G ines 1X Categorical Exemptions - I Statutory Exemption - PRC Reasons why prqject is exempf; The proposed project is character:ized as in-fill development and ,is- coRsistent with the c6nditions of Sectish 153321Class 32 exemption, as demo-nslrated in the attached Categorical Exemption Deter:mination fot"Development Permit No. P22'01346. Lead Agency Contact Person: Jose Valenzuela, Supervising Planner Telephone Na.: (559) 621-8070 If filedlsigned by applicant: Attach certified document of exemption finding Has a Notice of .Exemption Signature: been filed by the p-ublic Date: DP No. P22-01346 CEQA Notice of Exemption May 5, 2923 vs.#2,5t{t{w132 Frinted,Name, and Title: Jose Valenzuela, $uperuising Planner City of Fresno Planning and Development Departr.nent X signed by Lead Agency n SigneA by applicant Attachments: Exhibit A - Vicinity Map ,Categorical Exemption Dete rmi nation for P 22-01 346 ExhibitA-VicinityMap 2{LUa 1;4;514 0 0.03 0.06 {)il01 L 1:i lfl zoiag-,. 1 :n7 :zz PM 0 0.0s o"r Al2ml O-2 km m , Subject,FropertY AtcGlS Wab AppSlild€a CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT FOR 07tz&t0l/,{}ilt32 DEVELOPMENT PERMIT APPLICATION NO. P22.O1346 THE PROJECT.DESCRIBEN HEREII.I IS DETERMINED To BE cATEGoRIcALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS ACCORDING TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Orlando Ramirez Ramirez Development 4233 West Wathen Avenue Fresno, C493722 PROJECT LOCATION: 4941 East McKinley Avenue, located on the northwest corner of East McKinley and North Fine Avenues in Fresno, California. APN: 494-291-05 (Councit District 4) PROJECT DE$CRIPTION: ,Development Permit Application No. P22-01346 was filed'by Orlando Ramirez of Ramir:ez Development and pertains to,a x4,400 square-foot building consisting of a 12O-foot canruash tunnel and 16 vacuum stalls on a t0.69-acre parcel located at the property noted above. The subject property is located in the lL (Lightt lndustrial) zone district. This project is exempt under Sections 15332/Class 32 (ln-fill Development Projects)of the California Environmental Quality Act (GEQA) Guidelines as follows: Section 15332lClass,32 {C-lass 32lln.Fill Development Projeets) of the GEQA Guidelines exempts from the provisions of GEQA, projects characterized as in-fill development, which meet the following conditions: a) The project is consistent with the applicable general plan designation and all applicable gen policies as well as with applicable zoning designation and regulations. The proposed project (AutomobileA/ehicle Washing) will meet all the provisio-ns of the Fresno Municipal Code. The project is 'consisfent with 'the Fresno General Plan designatioh, policies, and zoning. The existing'.11, (l-igh't lndustrial) zone district is consistent with the Empioyment-Light lndustrial planned land,use designation approved for this site bylhe Fresno General Plan, McLa'ne Comrnunity Plan, and the Fresno County Airport Land Use Compatibility Plan. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. ct (Automobite/Vehicle Washing) is located within the city limits, occurs on a vacant site of :approximately 0,69 acres, which is less than the five-acre maximum, and is surrounded by offices. c) The project has no value as habitat for endangered, rare or threatened species. The site is currently vacant the Fresno Program Environmental lmpact Report (PEIR) did not identify this site as habitat for rare or threatened species. Surrounding developments consists of EA No. P22-01346 December B,2422 Page 2 of 4 €&*zsta{){){}tTL existing fast-food restaurants,and offices; therefore, it 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. The proposed project was routed to the San Joaquin Air Pollution Control Distr:ict, the city of Fresno Public Utilities Department-Water Division, Fresno Metropolitan Flood Control District, and no significant effects were identified relating to traffic, noise, air quality, or water quality. Traffic Senate Bill (SB) 743, signed in 2013, changes how transportation studies are,conducted in California Environme.ntal Quality Act (CEQA) documents. Vehicle miles traveled (VMT) replaces motorist delay and level of service (LOS) as the metric for impact determination. The Office of Planning and ReSearch provides a TechnicalAdvisory (TA) as a guidance document to establish thresholds for this new VMT'metric. The TA acknowledges that conditions may exist that would presume that a development projecl has a less than significant impact. These may be size, location, proximity to transit, or: trip-making potential. As a result of the final rulemaking surrounding SB 743 and the implementation deadline of July 1, 202.0, the City of Fresno adopted new VMT thresholds and guidefines to address the shift from delay-based LOS CEQA traffic analyses to VMT CEQA traffic analyses on June 25,2O2Aiand became effective on July 1,2A2O. Based upon the City of Fresnors adopted VMT thresholds and guidelines, screening of projects is perrnitted if a project qualifies as a low,trip generator. (less than 500 daily trips generated). The propgs-ed automated car washing pr:oject consists of approximately 4;400 square feet of building consisting o! a 1l}-foot automated-washing tunnel. Vehicle washing facilities experience the most traffic on Saturdays and peak hours can vary between 10 a.m. to 1 p.m. and 3 p.m. to 5 p.m. Peak hour de.mand rate on. Saturday is gene,rally 2Q% higher. then on weekdays. Based on a peak rate number of '14.2 peak trips per 1,000 sf gross floor area (4,400 sf. building), anticipated peak trlps will not exceed 62 vehicle peak hour demand rate and is anticipated to generally occur between 3:00 and 4:15 p.rn. Trip generation rates for the proposed project was gathered through analysis of the 1l0ih Edition Trlp G'eneration Manual published by the lnstitutb of Transportation Engineers (lTE). Subsequently, the project includes site improvements to the 0.69-acre commercial parcel that upon full buildout; the carwash is anticipated to be used by 300-400 vehicles per day. The total estimated ADT generated by the proposed project is less than the 500 ADT established screening threshold. 6iven the adopted.significance t-hreshotd criteria of the Ciiy of Fresno, staff determined that the proposed project can be screened out from further VMT impact analysis and, therefore, would not result in any significant traffic impacts based upon the City of Fresno's adopted thresholds and guidelines for VMT analyses. Noise Staff reviewed the policies of the Fresno General Plan, Fresno Program Environmental lmpact Report (PEIR), and Municipal code to determine,if the proposed project produces a significant increase in ambient noise levels. The City of Fresno Noise Element of the General Plan establishes a Noise Exposure from Stationary Noise Sources standard of 50 dBA Hourly Equivalent Sound'Level,(Leq) ,and a Maximum Sound Level (Lmax) of 70 dBA during the daytime (7 a.m.-10 p.m.) and 45 dBA and 60 dBA for nighttime (10,p.m,-7 a.m.) respectivelli. The noise exposure standard is applied to the pr:operty line of the receiving land use' EA No. P22-O1346 December 8,2A22 Page 3 of 4 Ezsz%til*$$\3L Hourly Equivalent Sound is a single-number representation of the fluctuating sound level in decibels over a specifled period of time, in this case one hour. lt is a sound-energy average of the fluctuating level. The Maximum Sound Level is the highest value measured by the sound level meter over a given period of time, based on the time-weighted sound level in dB, using either the fast or slow time constant. A-weighting decibels (dBA) are the measurements from a sound meter which gives more value to where the ear is more sensitive and less value to frequencies that the ear is not as sensitive to. Most modern sound meters automatically convert to A.weighted decibels. ln other words, the A-weighted decibel provides a measurement to how the human ear perceives sound. Knowledge of the following relationships is helpful in understanding how changes in noise and noise exposur€: dre perceived: Except under special conditions, a change in sound level of 1 dB cannot be perceived; . A 3 dB change is considered a just-noticeable difference; , . A 5 dB change is required before any noticeable change in community response would be expected. A 5 dB increase is oflen considered a significant impact; and . A 10 dB increase is subjectively heard as an approximate doubling in loudness and almost always causes ah adverse community respon$e. Outdoor ambient noise levels are perrnitted to be higher for urban areas and commercial sites, and higher still for industrial areas. Longstanding City policy for stationary sources has been to require enclosure, muffling, and/or greater setbacks so that adjacent propeffies are not exposed to excessive noise levels. Nuisance noise abaternent has been acoomplished through, the Cityls Noise Ordinance. Noise from transportation facilities has been controlled primarity by State and federal standards but also by distancing sensitive uses from these facilities, and by use oJ souhd.pr.oofing construction measures, such as masonry walls and sealed buildings. According to the projeet.applicantthe proposed carwash would utilize MacNeil RS -301 High Side Washer, MacNeil RS-400 Low Side Washer with MacNeil brush systems. The proposed car wash would also utilize a Motor City Wash Works Air One Dryer system. Noise level measurements were provided at both the entrance and exit sides'of the car wash tunne.l. The dryer (biower) portion,of the operation represents the loudest' equipment, which is located at the-tunhel exit. Therefore, noise levets,at.the exit side,of the tunnel are louder than those at the entrance side of the tunnel. The measured noise levels provided describe the project-related noise levels at a distance of fifty (50,):feet directly facing:both the tunnel entrance ind the tunn-el ,exit. lrlumbers obtained .from identical facilities in the region provide readings of 71. Leq and 75 Lmax af 50 feet, directly facing the entrance. Readings from 50 feet and directly facing the tunnel exit are 79 Leq and 82, Lmax. The car wash tunnel will be or:iented in an east/west alignment,direction, where the tunnelwalls will prwide varying levels of acoustical shielding to locations to the north and south. The entrance portion of the carwash tunnet will be approximately 14Q feet when measured at an approximate 45 degree angle, from the nearby Rivendell Adult Day Care Center door and approximately 85 feet from the west ploperty line. Noise levels can be e'xpected to be r:educed to 6-8 dB at 50 f€et away measured al a 45 degree angle from the tunnel entrance and further decibel reduction at a greatei distance. The exit portion of the tunnel will face North Fine Avenue, nebr the East McKinley Avenue and North Fine Avenue corner. Facing the tunnelat 90.degr:ees, noise levels can be expected to be reduced by 10-15 dB below noise levels that were measured directly in line with the tunnel, at the same distance of 50 feet. Further noise reduction would occur with the proposed exit tunnel located approximalely 143 feet away from the adjacent office building and 122 feet from the north property line. The project would include a vacuum station area with approximately 16 vacuum stalls. The project would utilize Vacutech Model: FT-DD-T33OHP4 (3OHP T3 Turbine Vacuum Producer with Exhaust Silencer) vacuum units at the site. Noise level data provided by the manufacturer indicates that the noise levels associated with the vacuum units would be expected to be approximately 60 dB at a distance of 5 feet from the turbine. The closest p.roposed vacuum unit to the north property line adjacent to exiting office land uses is setback a distance of approxirnately 30 feet. Taking into account the standard rate of attenuation with inereased distance from a point source (.6 dB/doubling of distance), noise levels associated with the vacuum units would not exceed the standards of 50 Leq and 70 Lmax at the shared property lines. The proposed project will not involve activities which would be anticipated to result in major noise- generating stationary uSes which would impinge on existing noise-sensitive uses within the project area, including but not limited to those daycare and office uses located at a distance of more than 120 feet from the proposed carwash tunnel. EA No. P22-01346 December 8,2A22 Page 4 of 4 Air Qualitv The project is conditioned to comply with any Joaquin Valley Air Pollution Control District a regard to air quality during construction and identified the air district. Water Quality *"a79 W{r{t{)\gZ_ applicable regulations and conditions from the San nd ihe project is subject to review by the agency ih operation. No significant air quality impacts were The site has been,reviewed and conditioned by the Fresno Metropolitan Flood Control Distriot, Fresno, Gounty Public l-lealth, and the City of Fresno- Public lJtilities in, regard to water quality, The surounding propefties have been substantially ,developed and therefore ,Utilities and public services infrastructure exists in the area. Therefore, no significant water: quality impacts were identified. None of the exceptions to Categoricai Exemptions outlined in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to affect the environment significantly. A categorical exemption,,as noted abgve, h3s been prepared for the project, and the aieh is not ehVjronmenfallV sdnsifiVe Date December 8,2022 la Supervising Planner Planning & Development Department (559) 621-8070 Submitted by: EXHIBIT (IB'' m McCORMlCK BARSTOW LLP ATTORNEYS AT LAW ChrisOpherS.Hall (AdmiReci in Cajlfomia) chriseor«r.hall@rrccorrnickbarstow.corn FRESNO. CAOFFICE 7S47 North Fresno Sheet Fresno,Cafifomia93720 P.O.60x28912 Fresno. CA93729-8912 Telephone {559]433-1300 Fax (559)433-2300 Other offices of McCORMlCK.BARSTOW,SHB>PARD. WAYTEiCARRimfLiP www.mccormickbarstow.com BAKERSFIELD,CA OFFICE 6060 California Ave..Suite 1090 Bakersfield,California 93309 Telephone (661)516-1594 Fax (661)616-1595 CINCINNATI.OH OFFICE Scripps Center,Suite 1050 312 Walnut Street Cincinnati,Ohio 45202 Telephone (513)762-7520 Fa*(513)762-7621 LAS VEGAS.NV OFFICE 0337 West Sunset Road,Suite 350 Las Vegas,Nevada 89113 Telephone (702)949-1100 Fax (702)949-1101 MODESTO,CA OFFICE 1125 I Street,Suite 1 Modesto,Califorrua 95354 Telephone (209)524-1100 Fa*(209)524-1188 RENO.NV OFFICE 201 W Liberty Street,Suite 320 Reno,Nevada 89501 Telephone (775)333-0400 Fax (775)333-0412 SAN LUIS OBISPO.CA OFFICE 1041 Mill Street,Suite 105 San Luis Obispo,California 93401 Telephorre (805)541-2800 Fax (805)541-2802 March 14,2023 Jose Valenzuela City of Fresno Supervising Planner Development Services Division Via email:Jose.Valenzueiatarresno.'^ov PubiicConimcntsPlan n iwndi]frcsn o.uo v Re: Development Permit Application No.P22-01346 4941 E.McKinley Ave.Project(APN 494-291-05) Dear Mr.Valenzuela and Commission Members: Thisletteris submitted in opposition to Development Permit Application No. P22-01346,for Property at 4941 East McKinley Avenue (APN 494-291-05)(the "Project").The undersigned,and the law firm of McCormick Barstow, LLP, has been retained to represent Xiamy Ly-Yang ("Sammy")and Gerry Mirassou.Sammy is a tenantatthe adjacent parcel (4927 East McKinley Avenue,Fresno,CA 93727)andthe operatorof Rivendell CommunityInc., an Adult Development Center. Mr. Mirassou is Co-Trustee of the Mirassou Survivor'sTrust created April 30,2005,the ownerof Airport Village.Please include this correspondence in the Planning Commission's information packet for consideration. My clients oppose the Project on the grounds that the Project is inconsistent with the uses of the adjacent properties and violates the terms of the Cross Access & Parking Agreement (Exhibit "P"to the Staff Report).They also object to the Applicants improperly attempting to make use of a categorical exemption to avoid examination ofthe significant environmental impacts that will be created if the Project is approved.My clientsask that the PlanningCommissiondenythe Applicationin its entirety for the following reasons.Alternatively,the Planning Commission must requirethattheApplicantpreparean Environmental ImpactReport ("EIR")toexamine the significant environmental impacts caused by the Project and analyze and adopt feasible mitigation measures to eliminate or reduce those impacts. It isour understanding thatthereisprogresson a planned development located on 4941 East McKinley Avenue in Fresno. Specifically, we understand that the intended development ofthis parcel isan automated carwash,which isof great concern as set forth herein.There are serious concerns about the detrimental and damaging impacts ofthe proposed project,with respect to both the existing use of the neighboring property owned by Gerry Mirassou and the impact of the project upon the current tenants of the neighboring property, who provide tremendous community services to a vulnerable population in Fresno. 1^ IVI c C 0 R IVI1 C K BARSTOW LLP ATTORNEYS AT LAW March 14,2023 Page 2 The larger area, commonly known as Airport Village,was planned and developedas an integrated commercial/office complex with sharedaccess and shared parking.(See,Exhibit "P" to the Staff Report.)Generally,the Project involves removing parking spaces,changing the location ofthe handicap access ramp,relocating the entrance driveway,automobile stacking areas immediately in front of existing offices tenants, and blocking traffic due to stacking in relocated driveway.What is greatlydistressingisthat this projectwilldrasticallyimpactthecurrenttenantsas well as future prospective tenants on the neighboring property—yet,the neighboring landowner,Mr.Mirassou wasnever consulted aboutthese potential issues or pemiitted to engage in dialogue with the developer and/or the City,nor given notice of the proposedProject. Nor was Mr. Mirassougivennotice when his propertywas rezoned to light industrial as partof city-wide rezoning effort.Had notice been provided,Mr. Mirassou would have expressed his concern with the rezoning of his property,given its existing use.Even so, the regulations governing Employment Districts require considerationexisting uses so as to provide for the proper locationof businesses that may have the potential to generate off-site impacts.(14 CC&R §15-1301.)The operation ofa carwash next tothe existing useof Parcel "A"asanadult care facility is fundamental inconsistent. One critical concern is the parking associated with the Project.Based upon a reviewofplansand blueprints,it appears thatSurfThruCar Wash plansto remove the handicap spaces directly in the front and center of the building on Mr.Mirassou's property,and move suchspacesto the westernmost part of the parkinglot. It further appears that the handicap access ramp to the building is also intended to be moved to the westernmost part of the site.Not only will handicap persons have to cross the street to get to the ramp, but it is a significant distance—about 350 feet to get to the easternmostpartof the building.In additionto the handicapspaces, it appearsthat the Projectproposestoremove43parkingspacesfromParcelB,as wellas 17 spaces from the property owned byMr.Mirassou,leaving only 38 spaces forsaid property.The38 remaining spaces are less than the required 41 spaces for the property's commercial/office use(onespaceper400sq.ft.),resulting in Mr.Mirassou's property no longer meeting City of Fresno parking regulations, potentially creating a nonconforming land use. Not only does the proposed Project impede existing property use and compliance, but it also uniquely threatens a group of vulnerable, underprivileged adults. Since 2018,Airport Village has been home to Rivendell Community Inc. ("Rivendell"),an agency serving underprivileged and vulnerable adults with disabilities. Rivendell is owned by Xiamy Ly-Yang. Rivendell offers services five (5) days per week,and its clientele range from severely to mild developmentally disabled adults.Rivendell provides a safe haven to low-income disabled adults who are often socially isolated from the mainstream community due to their disabilities,language barriers, societal and cultural stigmatization,and inadequate services. Rivendell is one of a handful of agencies that serves disabled adults in the Central Valley and has become an integral part of the Fresno community.Many local families,and their m IVI cCOT^Ml CK BARSTOW LIP ATTORNEYS AT LAW March 14,2023 Page 3 disabled children, depend on Rivendell to provide assistance and care for these vulnerable adults. Critically, Rivendell also provides a unique service in on-site job and work training. These jobs at Rivendell are specifically tailored to the needs of the clients. For example,at Rivendell's bakery kitchen,the adults can work a few hours perday under the proper supervision of Rivendell staff to so that they can developjob skills, job training, and gain further independence. Sadly,the proposed Project jeopardizes the services that Rivendell will be able to offer the Fresno community,and may jeopardize Rivendell in its entirety.The cumulative impact of the proposed Project on this vulnerable population was not considered in approving a categorical exemption. Nor was the correct baseline established to evaluate potentially significant environmental impacts.Specifically,the construction of the car wash will result in loud noisesfrom the car washingmachines and the large vacuums and the music from the customers'cars.With the vulnerable adult population just steps away,these constant,high-volume noises will cause very likely substantial harm to many of Rivendell's clients who experience sensory integration challenges,which include visual and auditory triggers.TheApplicant's own noise study shows that the Projectwill generate operational noise levels that exceed 65. It also shows that levels will reach as high at 60 in certain spots of Rivendell. Tragically,these sensory integration challenges often present through a physical manifestation of stress and anxiety,such as self-abusive behavior,including clients hitting themselves on the head repeatedly,scratching their own faces,and hitting themselves on the temples. Should the Project be approved,Rivendell's families and clients will likely be unable to continue to participate in the Rivendell program, resulting in this vulnerable group of underprivileged adults and families lacking necessary support and forcing Rivendell to close its doors and lay off all of its employees. Additionally,the establisliment of a car wash in this location presents other safetyconcernsforthis disadvantaged group.Asdiscussedabove,SurfThruCar Wash is proposing to demolish the existing handicap parking stallsrightin front of the main entrance to Rivendell.Therefore,Rivendell's clients with wheelchairs and walkers will no longerhave directand unimpeded accessto the mainentrydoor.The distance from the existing handicap parking stalls to the facility's main door is about 5 feet away, whereas the new location ofthe handicap stalls under Surf Thru Car Wash's proposal places thesehandicapspacesat hundredsof feetaway from the maindoor. Thesenew handicap parking stalls would also be located on thefar west side of the parking lot, which,in addition to the physical distance,willbe challenging forRivendell's clients and the public to navigate to the building.The path to Rivendell from across the parking lot has a multitude of support structures that will impedeclient wheelchairs and walkers along the side of the Rivendell building.The support structures would likely have to be removed and rearranged to allow for a clear path for Rivendell's disabled clientsto access the main entrance,whichposesanissuefor Rivendell andthe property owner,Mr.Mirassou. m IVI c C 0 R IVl 1 C K BARSTOW LLP ATTORNEYS AT LAW March 14,2023 Page 4 Alongthesame lines,the car wash appears to threaten the existing busing and family transportation to and from Rivendell.Many of the adults are brought to the facility by large EOC buses.Given the disabilities of Rivendell's clients,including those clientsin wheelchairs,these buses require a significant amount of space andtime to load/unload theadultsintoandoutofthe bus.Aswe understand,the existing project proposes to modify the existing entrance from Fine Avenue for its customers, which would result in Rivendell's buses being unable to use such entrance. This would also preclude Rivendell families and parents from having a safe space to enter the facility and drop off their children. At its core, the Projectproposal as planned, threatens theexistence of Rivendell and drastically interferes with and obstructs Mr.Mirassou's use ofhis own property. We respectfullyurge the City to consider these detrimental impactsof SurfThru Car Wash and take necessary and appropriate actions to address these such detrimental impacts and to protect the vulnerable and underserved adults in the Fresno community. I.CEQA The Applicationimproperlymake use of Categorical ExemptionClass 32 (In- Fill Development).A Class 32 exemption from the mandates of CEQA is only available if certain criteria is met.On such criteria is that it must be demonstrated that the project would not result in any significant effects relating to traffic,noise,air quality andwater quality.(14CCR§15332(d).)A categorical exemption is unavailable when there is a reasonable probability that an activity will have a significant effecton the environment dueto unusual circumstances.(14CCR§15300.2(c).) An unusual circumstance exists due to the unusual yet vital use made on the adjacent property. As set forth above,Rivendell providesa necessaryserviceto some oftheCity's most underserved and sensitive residents.These individuals are unusually susceptible to noise and traffic impacts. Adequate disabled parking is crucial to servicing this community.Yet,nowhere in the Environmental Assessment for the proposed Project is this community recognized,much less protected. A.Noise The Noise Study prepared by MD Acoustics, LLC establishes that the Project will generate operational noise levels in excess of 65 dB(A).(Exhibit "0"to Staff Report.) Levels within the Airport Village facility, where Rivendell is located, will range between 65 and 45 dB(A). Table 15-2506-B of the Fresno Municipal Code establishes that the maximum allowable dB(A) for schools and office buildings is 45. It also establishes that the maximum allowed for other noise sensitive uses is to be established by the Review Authority. Despite the study and the limits established by the Fresno Municipal Code, the Environmental Assessment for the Project concludes m M cCORMlCK BARSTOW LIP ATTORNEYS AT LAW March 14,2023 Page 5 that the proposed Project will not impinge on existing noise-sensitive usesin thearea of the Project. The proposed Project w///have a significant effect on the adjoining property. The Noise Study conducted for the Project at the request of Fresno County Environmental Health demonstrates that the noise generated by the operation of the Project will exceed allowable standards for neighboring property owners and users.No effort in the study was made to evaluate the unusual circumstance created by the presence of Rivendell and its sensitive clients.Because it has been demonstrated that the proposed Project will have a significant noise impact,and the report fails to evaluate the unusual circumstance of the noise sensitive clients of Rivendell,the Class 32 exemption is unavailable. B.Traffic and Circulation The proposed Project will also have a significant impact on traffic and circulation.The Site Plan for the proposed Project shows that itis anticipated that the carwash customers will make exclusive use of the entry on Fine Street.This is the same entrance that the buses and vans that transport the clients of Rivendell utilize to enter the premises.Without this access, those buses and vans must make a U-turn on McKinley at Fine to enter the premises to the west on McKinley.The analysis of traffic effects in the Environmental Assessment omit any consideration of the loss of an entrance andthe resulting impacts created by numerous buses and vans being forced to makea U-turnto enterthe Rivendell premises. Also,the Site Plan shows that the cars from the carwash will be able to enter the parking lot on Parcel "A"at the "cross-access location".This will create a situation where the disabled clients of Rivendell are forced to navigate a congested parking lot full of carwash customers in a hurry to get back to work.This obviously creates a circulation safety issue to this unique community. The Environmental Assessment omitsanydiscussionor analysisof the impactson circulationcreatedbythis situation, instead focusing exclusively on the trips per day generated by the new business. Because of the unusual circumstances of the Project location,a Class32 exemption is unavailable andan EIR is required to evaluate the potentially significant environmental impactscreatedby the Project. C.Parking The proposed Project will also create significant impacts to existing parking, includingdisabledparking. Constructionaccordingto the SitePlanwillcausethe loss of sixty (60) parking stalls, including 17 on the property owned by Mr. Mirassou and utilized bythe tenants of Airport Village. It includes the lossofcrucial disabled spaces and forces people in wheelchairs to navigate the onslaught of carwash patrons existing through Parcel "A". No evaluation of this impact is performed. Nor is it explained how Applicant can cause the loss of parking spaces on property not owned by the m M c C 0 R M 1 C K BARSTOW LIP ATTORNEYS AT l,AW March 14,2023 Page 6 Applicant or force Mr. Mirassou to accept construction on his property to accommodate the Applicant. If the Applicant believes that the Declaration of Restrictions RegardingNon- ExclusiveCommonParkingandAccess("Parkingand AccessAgreement")authorizes modification of Parcel "A" to accommodate the carwash, the Applicant is mistaken. (Exhibit "P"to Staff Report.)This document,created at a timethatit was anticipated that Parcel "B" would be put to the same use as Parcel "A", simply allowed for reciprocal parking.It does not give the owner of Parcel "B"the right to make modifications to the existing improvements to Parcel "A" and certainly does not authorize the removal of parking stalls to accommodate a carwash.Simply put, the Applicant cannot build out the Project as reflected on the Site Plan because the Applicant does not own the rights to alter Parcel "A". In fact, the Parking and Access Agreement mandates that the Project not be approvedas designed.Underthe Agreement,the tenantsof Parcel"A" have a rightto ingress and egress for persons and vehicles through Parcel "B",presumably through the FineStreetentrance. Thedesignof theproposedProjecteffectivelyeliminatesthis recorded right and would be a violation of the restrictions and covenants if built. II.Conclusion Sammy and Mr.Mirassou respectfully request thatthe members ofthe Planning CommissiondenytheApplicationtoprotecttheexistingtenantsof AirportVillageand their clients.Theclientsof Rivendell are vulnerable,unique,andmadeofan important and underserved community.There are plenty of places to build a carwash, but immediately adjacent to an AdultCare Facility for autistic peoples isnotoneof them. If the members are not willing to deny the Project outright,an Environmental Impact Report is required to analyze the significant environmental impacts cause by the proposed Project and require the adoption of all feasible mitigation measures. Failure to require an EIR will constitute an abuse of discretion and render the approvals subject to reversal. Very truly yours. Christopher S.Hall CSH 041235-000000 8905262.1 I\rEI{I}ELLs"1i"" "'- COMMLINIl'Y II{ITI ,".; .: . ' , ' Fresno City Hall ?600 Fresno Street Fresno, CA 93721 Date: May 31",2472 RE: APPLICATION NUMBER P22'9t346 My name is Xiamy Ly-Yang and I am the CEO of Rivendell Community, lnc', a non-profil organization that serves adults with disability, since ?OA7. I am writing this letter to you with the intent of convincing Planning and Development departments not to approve the construction of Surf-Thru {carwash} on the corner of Fine and fast McKinley Avenue " I strongly believe that a car wash is not the best fit for our neighborhood and the businesses that are currently operating there, A car wash will bring a lot of noises and ruckus frorrr their large machines and noisy Vacuum to the music from their customer's cars' My agency is located at the corner of Fine and [ast McKinley for the pdst couple of years and my clients have enjoyed the quiet and safe open space of our facility and its surroundings' My clientele ranges from severe to mild developmental disabilities. My autistic clients have a challenging time dealing with loud noises, overstimulation, busy environment and changes' My agency is the only facility in Fresno County that serves South-East Asians disabled clients' Our clients are very often socially isolated from the mainstream community due to language baryiers, societal and cultural stigmatization, lack of knowledge in rescurces and culturally inadequate services. Our clients come from low socio-economic backgrounds' The construction of Sur-Thru car wash will cause loud noises which will trigger my elirnts tc experience an overwhelming amount of stress and anxiety. Additionally, if the car wash we re to be approved, the ongoing traffic brought on by the carwash will pose a dangerous threat lo my clients who go AWOL and often dart out the front door. Legally, I cannot restrain these clients nor lock the front doors to keep them inside the building. These clients will be in dang*r of being harmed and/or ran over by the cars at Surf-Thru car wash' Another very critical threat Surf-Thru car wash will pose to my clients has to do with traffie' My clients are brought into my facility by large EOC buses which nee d a good amount cf space and time to load/unload. Many of my clients are in wheelchairs. I fear that the surf-Thru custcmnrs will not have the patience to wait 5-10 minutes for a bus to load up cllents in wheefchairs and p0ses as a threat to my staff and my clients if they try to :peed around the buses' D]sr 4q27 E. MCKINLEY AVENUT FRE$NO, CATIFORT'IIA 93727 OFFICE: 559.276.177L FAX: 559.276.1181 EMAIL: rivendellfresno@gmail'com D:INI IYEI{DELL COMMUNI-TY I N{: AcJutl D*v*i*Pil]fi r,l d)e:llL:: please, consider the safety of my clients and the services I provide for the disabled South €ast Asian community when coming to a decision. Should you have further questions, I can be reached at 559-458-1958 and by email at xiamvlv@qmaif ,cqm. Res submitted, { cEo my Ly-Yang,MSW 4927 E. MCKINLEY AVTNUE FNESNQ. CATIFOI?NIA 93727 oFFtcE: 55g.276,1171 r*l:559.?76.1181 EMAIL: rivendellfresno@gmail',com Esteemed Planning Commissioners: Airport Village was planned and developed as an integrated commercial/office complex with shared parking, access and egress. Developing this car wash completely negates that premise. Our major concern is how the car wash both immediately and in the long term impacts our building and its tenants Removing parking spaces, changing the location of the handicap access ramp, relocating the entrance driveway closer to the existing building, automobile stacking areas immediately in front of existing offices tenants, blocking through traffic due to stacking in relocated driveway, constructing an S-curb in the main driveway, not being able to actively, or passively, for that matter, be involved in the planning process, by either the City of Fresno or the developer are all major concerns. What is most disturbing is why the developer is allowed to change, remove and rearrange parking and access to our building in such a manner that it drastically impacts current tenants as well as future prospective tenants. By removing parking spaces to the point that we no longer meet City of Fresno parking standards for our building makes us an illegal, nonconforming land use. Furthermore, DevelopmentofthiscarwashconflictswithSec.15-1301PURPOSE (EmploymentDistricts)ofthe Fresno Municipal Code as follows: Port B. Provide for the oppropriate locotion of businesses thot may have the potentiol to generote off- site impocts, while providing to ensure compatibility in use and form with existing ond plonned uses. List of major concerns that follows illustrates the incompatibility of the car wash to our existing commerciaUoffice use : -Removed 43 spaces from their parcel plus 1-7 from ours leaving only 38 spaces for our building, which is less than the required 41 spaces for our commercial /office use (one space per 400 sq. ft,) -They have not provided any on site parking for employees and/or service vehicles, -They have removed the handicap spaces from directly in the front and center of the building to the Westernmost part of the parking lot, The access ramp to the building is also moved to the westernmost Part of the site, Not only to handicap persons have to cross the street to get to the ramp but it is approximately 350 feet to get to the easternmost part of the building. Furthermore, this directly impacts the existing adult day care center since the handicap spaces and ramp are now directly in front of their entryway. -lf the stacking area for the car wash is full, cars waiting to use the facility will have to wait in the driveway, thus blocking access to the parking area for our building. Furthermore, if the car wash is very busy, cars could be backed up all the way to Fine thus impeding traffic turning from McKinley on toFine. TheidlingofthecarslOfeetfromthebuildingandtenantswouldbedisruptiveandcreatea noise and air quality problem. Cars entering from the southwest entrance to the property going to the car wash facility would have to turn right into the car wash, and if cars queued up there to get in the car wash both sides of the drive would be blocked totally restricting traffic flow. lt appears that the S curb extends directly into the west-bound traffic lane. -Neither the City of Fresno nor the developer of the car wash notified us of the proposed car wash. We had absolutely no input into how the car wash layout would affect us. We certainly would have voiced concerns regarding removal of our parking spaces as well as the other concerns indicated above. Plus, by not advising us we had no opportunity to appeal the project. -Giving this project a categorical exemption under CEQA because it is an infill project does not adequately address the negative impacts of the project. A noise study needs to be conducted to determine the impact on the building tenants from L6 vacuum machines, the noise generated by the machinery of the car wash and cars idling in front of the offices. The impact on the relocation of the handicap spaces and ramp needs to be addressed pursuant to ADA requirements as well as its impact on the existing adult day care use. The project may have air quality issues as well with cars idling in front of tenant spaces. -This project was built in 1981 as an integrated commercial center. The main building of L6,400 sq. ft. and a 6,400 future building site were approved with shared parking and access. This is totally contrary to that proposal. lt not only restricts access but rearranges access and removes parking to the detriment of the main building. -ln 2015 the property was zoned M-1-P. lt is was rezoned at that time to lL (light industrial) as part of a city-wide rezoning initiative. Under the M-1-P zone a conditional Use Permit would have been required for a car wash and we would have been properly notified of the proposed use and we would have been able to formerly object and make our concerns known in a public forum. We were not notified of that rezoning, and, therefore, did not have a chance to determine how thatzone change would affect us nor publicly object top our parcel being rezoned. Thus, we were not able to voice our opinion on the rezoning. The rezoning to lL creates a situation which limits commercial uses to a maximum 6,000 sq, ft and allows only ancillary office uses. Thus, we are currently a nonconforming use since our building is 16,400 sq. ft, and we have existing office uses that are not ancillary to other uses. Airport Village was a thriving commercial center in the 1980's and into the l-990's. The tenants back then were directly related to the also thriving office area to the east, Tenants included a business machine concern, office supply, in-line restaurant and offices. As computer age and big box retailers began to take hold and the office area began to decline these uses were no longer viable. Upon their departure, Fresno Airport began to grow and we took on a car rental agency. When the car rental agency found a location closer to the airport, we found that the area began to change and was no longer a viable commercial area. Thus, we began to lease to uses catering to the changing area. Besides office uses we leased to a church and then as the Asian population began to grow we provided space to our major tenant now, the adult day care center. We are adapting our uses to the area as it evolves and we will continue to do so. Approval of the car wash would, without a doubt, severely impair our building now and for the future. I appreciate the opportunity to comment and voice my concerns regarding the proposed car wash and thank you in advance for your consideration of this matter. I want to reiterate our strong objection to the car wash as it would severely impact our center to the point that it would render it unviable for future uses. Sincerely, Gerry Mirassou Co-Owner Airport Village D]NT I\IENf}ELL rt4:COMM{.]NI'I'Y IN{I Dear'l'yler Maxw$ll and l;'resno City Planning Ccmmission:Novenrber 17.2022 'lhis is a letttlr of opposition to the proposed Surl"l'hrLr Clar Wash in the parking leit of 4t)27 t:ttst McKinley Avenue. 'l'his is the addrcss ol'the Rivenclell Community Center. contracted with Central Valley Regional Centcr. CVRC is a non-profrt corporation uncler State of Califomia ttl , provide services to persorls with devcloprnental disabilitics. 'l'hese are the clients at Rivendell. i ,We are requesting a denial fbr the Surf"I'hru car rvash at this location lor the ftrllowing reasoris: , L Clients at llivendell and surrounding businesses utilize the parking lot fbr their 'custoln{3rslclients, At Rivendell, t}re parking lot is useel fbr outdoor activities including exercisc and walking. 2. 'l'he noise liom the car r.vashing nrachines and vacuutlls $rs intrusive a$ nlanY clients expcrience sensory integratian challenges which inclucle visunl and ar"rdittlry triggers. Ofien. ccnsumcrs at ear washss ;rlay loucl, vibrating ntusic" 3. "l'ypically car washes bring more traldc ancl congcstii:n. I'hc llivcntlcll Ccnter uses tlre parking ft:t on weekencls in hosting ccrrrmunity activities. Ollen, the parking lot is l'ull on thesc occastolls. 4. lixpress Lube ancl Car Wash is locatecl at 4853 East McKinley. approximately one-quarler of a mile lrom Rivendell. Most people wruld quesliein lhe need lirr iinother car wash. 5. 'Ihe establishment of a serr wash in this loeation lvould be detrimental to the wcll-bcing ol'all peopie in this location/ complcx. As this disadvantaged group presently participates in outdoor activities, incluiling walks in the neighborhood. socialization. and independent living skills. we musl advacale tor them, as they are unable to d* it lbr thernsclves' ln ccnsideration of the above rcasons. wc ask ilrat vou. as our rcprcscntatives in govemment. deny this rcquested plan ft:r a Surf 'fhru an this prr:pcr1y. All the Families and clients elf ltivendell Community, lnc' )'incerels 4927 E. MCKINLIY AVf t{uE FRESNO, CALlfOflNlA 93727 OFFICE: 559.276.1177 FAX: 559.?76.1181 EMAIL: rivendellfresno@outlook.com DIINT I\rENDELL {.'}Ti)COMMTJI{IT'Y TN{-: I>,'..'hru , LLe- fbe r,pan*. YUIuL€.€ BtrU1nrry ta Lh \A^{- YlntLpP EY\i or9 lrt"l I * t 1r1{} isr__ Cr--\{z ,t I L G € h L 4927 E. MCKINLFY AVTNUE FRF$NO. CALIFONNIA 93727 OFFICE: 559.276.1t77 FAX: 559.276.1181 EMAIL: rivendellfresno@outlook'com D-TNI IYEh[I}ELL {:O M M{-i i{ I "1"Y l I'.IC ;..i1:iiti :,:.j.t-r:,j.::f:,i , 1 i,r:'rll : r Signrtures of clients and F$milics opposing the construction of SurfThru. , It F.rg- !*ng* Cl) Ln iun,e,-o 8e" O le f\\!- TPf YW 0iLLYtYxLLE++ W* Lsd- *,x** /.,tu t Y L<3-*j& CersL CV\ 9e (? I 4927 E. MCKINLEY AVENUS FRESNO, CAt-t FOt?N W q37 27 OFFICE: 559.276.1171 FAX: 559.276.1181 EMAI L: rivende llf resno@outlook.com To: Jose Valenzuela From: Gerry Mirassou On Wednesday April 12th, myself, my attorney, Christopher Hall and my real estate broker, Zack Kaufman met with the developers of the proposed car wash, Mohammad Assad, his father, his consultant, Orlando Ramirez and his realestate broker at the office of Christopher Hall. We reiterated our concerns regarding the impact of the project on Airport Village, i.e., using our parcel to accommodate their use and the impacts the car wash would have on our existing and future use of the property. We also questioned them on why we were not notified during the planning stages of the project so as to avoid the present conflicts between the two sides. After approximately an hour and a half of discussion we concluded the meeting with no progress toward a resolution of our differences. Although they offered to remove two of the vacuum stalls along the driveway and convert them to handicap parking spaces to mitigate their use of our property we were resolute in our insistence that they cannot use our site at all to develop their car wash. They cannot remove parking spaces, change the driveway location or relocate the handicap parking spaces, We also stated that the car wash would disturb existing tenants of our building due to noise from the car wash machinery, radios, and constant automobile traffic and stacking' We emphasized that the car wash is not compatible with our current uses or other potential uses allowed in Airport Village and that their proposal to remove spaces from our site would severely limit future uses since we would not be able to meet parking requirements. Furthermore, we emphasized that approval of the car wash conflicts with SEC,15- 1301 PURPOSE (Employment Districts) of the Fresno M unicipal Code which states that uses is these zones "provide for the oppropriote location of businesses thot may have the potentiol to generote offsite impocts, while providing to ensure compotfbitity in use and form with existing and plonned uses." We strongly asserted thatthe proposed carwash is not compatible to our use and should be a reason for denial. They stated that the car wash would help us because it would bring in more traffic. The developers asked us that since we were opposed to the car wash, what other uses might we agree to' We mentioned that a sandwich shop, coffee shop or retail business would be compatible uses as that was what the original site development plan for the parcels envisioned, During our discussion of potential uses, if not a car wash, we discussed that us buying their parcel was a possibility; however, the price they mentioned was too far out of line for our consideration. We were somewhat surprised that they offered to sell the property since they stated that they had a solid deal with the Surf Thru company. lt makes us wonder if they really do have a deal with Surf Thru or if they are just using this proposal as a pretext to leverage a sale to us. Asfaraslrecall,thesewerethesalientpointsofourmeetingwiththedevelopersoftheproposedcarwash. We steadfastly oppose its approval and considerate its negative impacts to our property very significant and contrary to Sec.15-1301 pURPOSE(EmploymentDistricts). Approvalofthiscarwashprojectwould,ineffect,severelylimittheuse of our property now and in the future. Thank you for your consideration of this matter and we are available to answer further question or provide further information. Sincerely, Gerry Mirassou. Co-owner of Airport Village CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING DEVELOPMENT PERMIT APPLICATION NO. P22-01346, AND RELATED ENVIRONMENTAL ASSESSMENT 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 (FMC), will conduct a public hearing to consider the items below, filed by Orlando Ramirez on behalf of Surf Thru Car Wash, pertaining to an approximately 0.69-acre parcel of property located at 4941 East McKinley Avenue, northwest corner of East McKinley and North Fine Avenues: 1. Environmental Assessment No. P22-01346: dated December 8, 2022, a determination of a Categorical Exemption Class 32 (In-Fill Development Project), pursuant to the California Environmental Quality Act (CEQA); and, 2. Development Permit Application No. P22-01346: Staff recommends the City Council DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department Director to approve the subject Development Permit, which requests authorization to construct an automated car wash facility on approximately 0.69 acres of property, subject to compliance with the Conditions of Approval dated December 8, 2022. Any interested person may also participate electronically during the public hearing to speak in favor or against the project proposal, by Zoom meeting with instructions provided on the City Council Agenda, and present written testimony at least 24 hours in advance, pursuant to the City Council rules and procedures, or they may be excluded from the administrative record of proceedings. If you challenge the above application(s) in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or Planning Commission/City Council at, or prior to, the public hearing. The Fresno City Planning Commission considered this application at its meeting on May 3, 2023 and voted four (4) to two (2) to approve the application. 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. 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 regarding this project, contact Jose Valenzuela, Planning and Development Department, Development Services Division, by telephone at (559) 621-8070, or via e-mail at Jose.Valenzuela@fresno.gov. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070. Jennifer K. Clark, AICP, HDFP, Director Planning and Development Department Dated: August 11, 2023 Assessor’s Parcel No(s). 494-291-05 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, August 24, 2023 at 10:20 a.m., or thereafter Place: City Hall Council Chamber, 2nd 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 Jose Valenzuela PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO STREET, ROOM 3043 FRESNO, CA 93721-3604 THIS IS A LEGAL NOTICE REGARDING 4941 East McKinley Avenue DP No. P22-01346 VICINITY MAP Subject Property CONSIDERATION OF Development Permit Application No. P22-01346 and Related Environmental Assessment No. P22-01346 CITY COUNCIL HEARING | AUGUST 24, 2023ID 23-1233 VICINITY MAP CITY COUNCIL AUGUST 24, 2023 ID 23-1233 Subject Property ±0.69 acres PROJECT DESIGN AND DETAILS CITY COUNCIL AUGUST 24, 2023 | ID 23-1233 ±4,400 square-foot building; Dual queuing lane (eight vehicles); 16 vehicle vacuum stalls; Enclosed vacuum generators Enclosed mechanical equipment 20-foot landscape buffers; Trash enclosure; Curb, gutter, drive approach and sidewalks improvements EXHIBIT BACKGROUND CITY COUNCIL AUGUST 24, 2023 | ID 23-1233 •December 8, 2022: Development Permit was approved by the Planning Director. •December 22, 2022: Development Permit Appealed to the Planning Commission. •March 15, 2023: The Planning Commission considered the appeal, took public testimony, and continued the application to May 3, 2023 to allow for community engagement. •May 3, 2023: The Planning Commission took additional testimony and considered the summary of community engagement. The Commission voted to DENY the appeal and approve the project. •May 11 , 2023: The CEQA determination made by the Planning Commission appealed to City Council. •May 12, 2023: The Development Permit approved by the Planning Commission appealed to City Council. STAFF RECOMMENDATION CITY COUNCIL AUGUST 24, 2023 | ID 23-1233 Based upon the evaluation contained in this report, staff recommends that the City Council take the following actions: 1.APPROVE – Environmental Assessment No. P22-01346, A Categorical Exemption Class 32 (In-Fill Development Project) dated December 8, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2.APPROVE – Development Permit Application No. P22-01346, requesting authorization to construct a ±4,400 square-foot mechanical car wash building with vacuum stalls including on- and off-site improvements subject to compliance with the Conditions of Approval dated December 8, 2022. NWC of McKinley and Fine Mass Investment Group- August 24, 2024 City Council Hearing APPEAL Mass Investments (Applicant) has been working with the City of Fresno on a proposed car wash for over a year on property located at the northwest corner of Fine and McKinley Avenues. The proposed use is permitted by right in the zone classification and is subject to a staff-level Development Permit process. The Project has been deliberately planned and sited to buffer machinery and vacuums away from the adjoining office building and toward McKinley Avenue. APPEAL During the initial on-site surveying, a neighboring tenant (Rivendell) located within an inline multi-tenant office building to the north of the subject site, expressed concern with the proposed car wash. The complainant/appellant filed their concern with one of the District’s Council members. A formal appeal was filed on behalf of a Councilmember that the proposed car wash was not a compatible use near the Rivendell day care facility and its operations. The development permit and environmental exemption finding was approved, and the appeal denied, by the Planning Commission. The Planning Commission’s determination is now being further appealed. In response, Applicant proffers the following rebuttals that bring merit to the proposed car wash use; further evidencing the fact that this use at this hard corner is a compatible land use that meets every aspect of the Light Industrial classification. CURRENT ZONING The project site is located within the IL (Industrial Light) Zone District. The intent and purpose of the IL district is to provide areas identified by the General Plan for a 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. Light Industrial areas may serve as buffers between Heavy Industrial Districts and other land uses generally located in areas with good transportation access such as along railroads and freeways. EXAMPLE OF PERMITTED USES Kennels Automobile Rentals Automobile Sales Major Vehicle Repair Major Service and Repair Large Vehicle and Equipment Sales Service Stations Automobile Washing Motorcycle /Riding Club Maintenance and Repair Services Custom Manufacturing Limited and General Industrial Uses Wholesaling and distributing Freight/Truck Terminals and Warehouses *Office uses are permitted but considered ancillary In reviewing a small segment of permitted uses as provided above, the car wash is expressly identified and classified as a compatible land use table within the Fresno Municipal Code framework, meeting both the intent and spirit of Fresno’s Development Code. COMPATIBILITY WITH ZONING AND GENERAL PLAN Generally, in reviewing proposed uses, the key areas of consideration are consistency with the General Plan’s Economic Goals and Policies. The property owner considered these factors and feels that this in-fill Project meets the City’s desire to balance commercial and industrial growth along the heavily traveled McKinley Avenue corridor. The Project will encourage and foster economic opportunities that support temporary and permanent jobs for the area. In addition to the construction jobs, it is anticipated that the proposed car wash will employ approximately 15- 20 part/full-time positions. The City of Fresno completed a City-wide update of its General Plan and Zoning in the year 2016. As part of that revision and evaluative review by the City, uses such as the proposed automated car wash were evaluated, considered, and found that such uses create no issues, nor would they impair the integrity and character of the subject zoning. Therefore, the use was considered compliant with the Zone Ordinance. The Project is consistent with the General Plan and any applicable Specific Plan and is a expressly recognized and acceptable by-right use. The Project in its design, location, size, and operating characteristics, is compatible with the existing and future land uses and development standards and would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses operating nearby or be averse to the public interest, health, safety, convenience, or welfare of the City. This Project is quite usual and compatible with the existing surrounding commercial and industrial land uses. The Project is not unique nor out of the ordinary as it relates to the character of the surrounding area. Further, the Project would maintain the general circulation pattern existing on the site by retaining ingress/egress from Fine Avenue and the western access point. This in-fill site is surrounded by McKinley Avenue to the north, Fine Avenue to the east, parking to the west and quasi-office and typical commercial and industrial developments to the north. The existing streets and commercial developments adjoining the site have the infrastructure in place to support the car wash. The Project, once completed, will comply with all applicable public health standards and will have adequate provisions (i.e. water, sanitation, utilities, etc.) which are readily available and accessible for the proposed use. NOISE The proposed Industrial use was generally reviewed and considered an approved use per the City’s General Plan land use element. Specifically, the General Plan analyzed various uses permitted under the Industrial Zone District that considered noise as part of its EIR analysis. Since the use was permitted by right and its use had been considered under the many components of the land use, a Noise Study was not required. Subsequent to review and appeal of the Project, we were contacted by City staff requesting that if we procure a Noise Study to further demonstrate that the proposed use would not detrimentally affect existing neighboring uses, that such study could be beneficial to further verify the compatibility and non-unusual environmental impacts of the proposed car wash use. In an effort to further supplement the record, the applicant agreed to fund this study. On March 3rd, MD Acoustics- Sound Solutions for Planning and Design prepared a comprehensive study that indicated that the noise levels would not exceed the City’s commercial noise limit. The noise levels were considered utilizing worst case scenarios with all equipment active at the same time for extended periods. The acoustical study confirmed that the proposed use will not exceed commercial noise levels and will operate in compliance with the general noise ordinance. In evaluating noise concerns in this neighborhood, it should be noted that the project site and surrounding area businesses are in close proximity to major transportation infrastructure that creates significant noise impacts for local projects, adjoining McKinley Avenue and located approximately ½ mile from the Fresno-Yosemite Airport and under 200 feet from an active railroad system on the south. Those existing uses substantiate the light industrial buffer zone and generate more noise impacts than a car wash. TRAFFIC The use is projected to serve approximately 250-cars per day. This number can generally be divided among the daily 14 operational hours, equating to an average of 17 vehicles per hour. Access will be via the existing Fine Avenue approach with an additional access point on the west side to McKinley Avenue. The two existing access points will provide for equal disbursement of traffic in and throughout the site. PARKING The site is developed with an array of parking. Several existing stalls are located on the Project site and will require removal in order to develop the car wash site. Even though the proposed car wash will remove parking stalls from the site, the office users will still maintain 43 available stalls. ENVIRONMENTAL REVIEW – EXEMPT PROJECT The Project was approved by the Planning and Development Services Director on December 8, 2022. The project was determined to be exempt from the California Environmental Quality Act (CEQA) through a Section 15332/Class 32 (In-Fill Development) Exemption. Per CEQA, the Project was determined to not have a significant effect on the environment and subsequently, no further environmental review was required and CEQA review includes the following justification in determining a projects level of impact if any, on the environment: 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. RIVENDELL COMMUNITY, INC The primary complainant regarding the proposed Project came from tenant Xiamy Yang, who operates Rivendell Community, Inc. within the office building to the north. The operator facilitates an adult care facility for patients with varying spectrums of disabilities. It should be noted that the business does not have an outside yard and operates entirely within an office that is located to the northwest of the Project site, not in part of the building immediately adjacent to the site. Applicant had the opportunity to meet with Ms. Yang as well as other interested parties onsite on January 3rd, 2023. Ms. Yang’s initial concern was that her business operates an 8am-to-4pm- day facility whose patients could be impacted by the proposed car wash. Ms. Yang expressed concern that loud noises could “potentially” startle patients, causing them to leave the building and run out into the streets. We explained that this could be considered a security issue with her operation in that the existing environment of the area is bound with McKinley Avenue on the south which is a four-lane super-arterial with traffic that exceeds 50 mph. Coincidently, noise traffic from large box trucks, motorcycles and other modified exhaust systems were present as we tried to discuss the Project while outside. Additionally, the neighboring Fresno Yosemite International airport provided the most obtrusive noise impacts with various planes, jets and helicopters entering and leaving the airport throughout the entire day. Lastly, there is an active rail system across the street to the south which also contributes to intermittent noise that should have been considered in the operation of the facility. I offered to speak to the owner with the possibility of providing a small barrier system on the north side of the project for additional sound mitigation but was told that any effort on our part would still be fought in opposition. Applicant explained that the primary function of this specific Zone District was for the primary use of Industrial type uses, and that office-related uses were considered ancillary. We also expressed that although Ms. Yang was adamantly against the project, we were still willing to discuss minor changes to on-site circulation, but Ms. Yang indicated that if discussion involved the car wash, she would be adamantly opposed. I explained that the district allowed for an array of industrial uses (listed above) that could be considered more detrimental to the Project siter. Ms. Yang indicated that she would fight each other use that she felt caused concern. GOOD FAITH INTERACTIVE EFFORTS WITH NEIGHBORHOOD AND COMPLAINANT January 3, 2023- On-site Meeting In early December, the Applicant was contacted that the operator for Rivendell had a concern with the proposed car wash. The applicant’s representative immediately contacted Xiamy Yang (Rivendell operator) and requested a meeting with Ms. Yang to discuss the project and see if there was anything that could be modified to the site to satisfy concerns for the permitted use. The representative, Ms. Yang, and other building tenants met, and the site exhibit was presented. Ms. Yang expressed concerns regarding compatibility. The applicant’s representative, in an effort to mitigate some of the concerns specific to disruption of the existing care facility operation, sketched out possible options that would modify circulation and potentially minimize any implied impact to the Rivendell operation. Ms. Yang indicated that she was not open to any changes to the site and that the use in itself, was not compatible to her business and that any effort to modify the site or seek approval, would be contested. March 15, 2023- Planning Commission Public Hearing The Planning Commission heard the Project item and could not reach consensus on the Project. Therefore, the applicant and appellant representatives were directed to continue additional dialogue and outreach and come back to the Commission for consideration. April 12, 2023- Law Office of McCormick-Barstow LLP Ms. Yang and the owner of the affected in-line building hired legal counsel to challenge the Project. The Applicant felt that there was still an opportunity to work with the concerned individuals, so a subsequent meeting was conducted at the offices of McCormick- Barstow LLP, to try and address concerns with the legal by-right use of the car wash. The main concern stemmed from the idea that traffic and noise would be greatly increased due to car wash operations and its clientele. Additionally, the concern was that placement of the proposed car wash will diminish property values and create an eyesore for other tenants and customers within the spline building. After stating that we have taken all the necessary measures to ensure that the project mitigates all sound, traffic and compatibility issues, we were informed that the tenants and owner will continue to oppose the car wash project. The applicant was informed that unless we brought forward a project that they would like to see for that parcel, they would pursue a CEQA lawsuit that would require us to perform a full EIR on the site. 4/25/2023- On-Site Meeting This third meeting was facilitated by our team as directed by the Planning Commission to review and discuss any concerns directly from the tenants and try to make concessions in an effort to address concerns. The appellant continues to feel that due to the sensitive nature of the special needs clients they serve, a car wash would create an unsafe environment for them due to increased noise and traffic. Our meeting was held on-site. Ironically, in the span of an hour, the overhead noise from aircraft as well as traffic along McKinley Avenue was greater than the noise that the car wash would ever produce at full operation as empirically established by the commissioned noise study that is part of the record. Once again, we offered to evaluate the “character” of the use in an effort to mitigate concern of traffic. The applicant offered to modify certain aspects of the site in a way that would discourage or at least minimize car wash clients from entering and egressing from any of our neighbors' parking lots. We also offered to remove a few of the proposed vacuum stations from our property and turn them into parking stalls for the accounting and real estate firms located north of our site. Overall, this meeting had a more positive tone, but despite our offer to make concessions, the opposition still feels that a car wash would not be a good fit for the area due to traffic and noise. They did, however, express support if we wanted to propose a drive-thru coffee shop or restaurant. However, those uses would propose a greater volume of average daily traffic (nearly double) according to the Institute of Transportation Engineers (ITE) trip generation manual UNUSUAL CIRCUMSTANCES EXCEPTION IS NOT APPLICABLE The City has reviewed the Project and determined that the Project is Categorically Exemption under Class 32 (in-fill development). Despite the finding and determination by the City that the Project falls within a class of project that does not have a significant effect on the environment, the appellant argues that the “unusual circumstance” exception would apply. The appellant’s appeal is premised on the argument that the use is considered an “unusual circumstance” per Section 15300.2(c) of the California Environmental Quality Act & CEQA Guidelines. This limited exception is not applicable or evidenced by the record. As a prefatory point, it should be noted that the party challenging the exemption has the burden of producing evidence supporting an exception (See Davidon Homes v. City of San Jose (1997) 54 Cal.App.4th 106, 115). Moreover, with the exemption finding by an Agency, further review that a project falls within a categorical exemption is deferential, and review is limited to whether that decision is supported by substantial evidence. Substantial evidence is evidence of ponderable legal significance that is reasonable in nature, credible, and of solid value. (Banker's Hill, Hillcrest, Park West Community Preservation Group v. City of San Diego (2006) 139 Cal.App.4th 249, fn. 10.) In challenging the City’s determination of applicability of the exemption, the appellant must establish that (i) the project presents unusual circumstances and (ii) there is a reasonable probability of a significant effect on the environment due to unusual circumstances. This bifurcated approach to the questions of unusual circumstances and potentially significant effects comports with our construction of the unusual circumstances exception to require findings of both unusual circumstances and a potentially significant effect. (Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1115.) In this case, appellant only offers subjective concerns and conjecture that are unsubstantiated by the record, other similar projects and/or studies. Based on staff’s findings and State presumptions, subjective and unsubstantiated concerns should not be grounds for an appeal. The use clearly meets the five required justifications as analyzed by City staff. However, the Appellant’s claim indicates that the project should be subject to a comprehensive Environmental Impact Report (EIR). In this case, the exemption is clearly applicable since the use has been specifically listed as a permitted use by the City and is therefore a compatible use, and that a challenge of the Class 32 Exemption should be specific to the character of the use and not the compatibility of the use. As indicated above, the use is compatible with the City’s adopted General Plan, the Zoning Update of 2016, and expressly allowed under the classified IL Zone District. Subsequently, only character arguments can be made about the following: Is the use unique and unusual and not consistent with typical development in other parts of the City with like-zoning and/or uses; Is the proposed land use proposing development that is not consistent with the IL Zone District; Does the design of site and the buildings not in character with existing developments and/or specific plans for the area. This Project is simply not unusual in a light industrial commercial area; and is an appropriate amenity and complementary use on the corner of a well-traveled street near the airport. As part of the evaluative review of unusual circumstances, courts have looked to conditions in the immediate vicinity of a proposed project to determine whether the unusual circumstances exception applied (Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4 th 1086, 1118- 1119.). The project is located within a typical commercial corridor adjacent to a heavily traveled street. As to the vicinity, McKinley and Fine Avenues are immediately adjacent to the Project. To the west of this Project, there are parking buffers and two (2) drive-thru fast-food restaurants. To the north and east are light industrial office uses. In these commercial corridors, near fast food restaurants and offices, a drive-thru car wash is complementary and not an unusual use in our community. As presented below, both the City of Fresno and City of Clovis have approved a number of carwashes throughout the municipalities that are located near existing professional offices, retail and/or residential uses very similar to the proposed project. By these examples alone, it should be determined that there is insufficient character (precedence) issues associated with the proposed car wash facility that would create an unusual and incompatible use with development of the proposed car wash. SIMILAR CAR WASH PROJECTS- LACK OF UNUSUAL PRECEDENCE The City of Fresno as well as the City of Clovis have approved car washes without objection or dispute throughout their respective cities. The following represents an exemplar of car washes that were approved and have been established in close proximity to either residential districts or similar office settings: Raceway Express- 6623 N Milburn - 98 feet from an office use; Ride N Shine- 6240 W Fig Garden Dr- 30 feet to Golden One, and 63 feet to inline commercial; Quick Shine- 5525 W Shaw- 38 feet to Residential; Ride N Shine- 1015 E Bullard- 70 feet to inline commercial and office uses; Ride N Shine- 202 S Clovis- 10 feet to Residential on the west and 68 feet to Residential on the south; Surf-Thru, NEC of Shaw and Fowler, Clovis- Medical Office 55 feet to the north; Surf-Thru, NEA of Herndon and Sunnyside- Residential 100-feet to the north These facilities operate harmoniously within the various settings adjacent to existing professional and residential developments. As part of our due diligence, we reached out to Fresno’s Code Enforcement Planning staff and City Development Liaison for adverse reports or any type of concerns with these existing car washes. No issues were reported with these projects. PARKING The applicant, Mass Investment Group, purchased the property 4 years ago with the intention of developing the site. The applicant has found success in getting entitlement approvals for car washes in Fresno and outlying communities and was pleased to find this property met his profile. This site was evaluated for compatibility and demographics prior to a significant investment in real estate, drawings, architecture and engineering. I expressed to Ms. Yang that the owner would like to be a good neighbor and be sensitive to her concerns but ultimately, would like to move forward with his project while being sensitive to her concerns by assuring that staff is constantly monitoring the site for noise concerns and safety. Ms. Yang indicated that development on the site would significantly impact her parking in that the vacant lot was currently utilized for overflow parking. Applicant advised that there are no parking interests or rights on the project site. With offsite parking from the adjoining office, it should be noted and recognized that the adjoining property does not have parking rights on the Project site. In fact, cross-access easements specifically provide that parking rights are not granted and will not be available as the Project site is developed. The approximately 15,000 square foot existing building has a City parking requirement of one (1) parking stall for every 400 square feet of building, which is satisfied by onsite parking. Their property should not rely on the development site and must continue to independently address their parking needs. CONCLUSION Mass Investment Group has invested a significant amount of time (one year) and resources in getting the Development Permit approval for the proposed car wash as prescribed in the Fresno Municipal Code. The proposed car wash use is compatible in intent and purpose and meets the compatibility threshold of the land uses as prescribed in the Light Industrial Zone District and the Fresno General Plan Land Use Elements as assigned to this and surrounding parcels. The Applicant has the City’s approval and believes that the appellant’s concerns of unusual circumstances are unsupported. Subjective and unsubstantiated concerns should not be considered evidence to overturn the approval of a use that is permitted by right in a District that clearly has been reviewed and evaluated for this specific type of use. To deny a “by right” use based upon the recently studied and updated Zoning Ordinance would be tantamount to spot zoning. Planning staff is the urban authority on land uses and provides the community with clear guidance on development and uses within the assigned districts. Planning staff’s review, recommendation for approval, and the City’s Planning Commission consideration and positive action (approval) after hearing public testimony, should be considered in the decision-making process by the City Council. The owner and applicant therefore support staff’s recommendation to deny the appeal, allowing for the next step in the development process, which includes the submittal of construction drawings. Sincerely, Orlando Ramirez, On Behalf of Mass Investment Group City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1226 Agenda Date:8/24/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department BY:ISRAEL TREJO, Planning Manager Planning and Development Department JOHN GEORGE, Planner III Planning and Development Department SUBJECT Consideration of an appeal filed regarding Vesting Tentative Tract Map No. 6366, Planned Development Permit Application No. P22-04877, and related Environmental Assessment No. T- 6366/P22-04877 for approximately 7.94 acres of property located on the west side of North Bliss Avenue between East Shields and East Princeton Avenues (Council District 7). 1. ADOPT Environmental Assessment No. T-6366/P22-04877 dated July 12, 2023, an Addendum to Environmental Assessment No. P22-01202, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. 2. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Vesting Tentative Tract Map No. 6366 proposing to subdivide approximately 7.94 acres of the subject property into a 71-lot single-family residential development subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract Map No. 6366 dated August 2, 2023. 3. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Planned Development Permit Application No. P22-04877 proposing to modify the RS-5 ( Single-Family Residential, Medium Density) zone district development standards to allow for a reduction in the garage setback, rear yard setback, garage to façade setback, minimum lot size, minimum lot depth, an increase in maximum lot coverage, and gated private streets subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Planned Development Permit Application No. P22-04877 dated August 2, 2023. RECOMMENDATION 1. ADOPT Environmental Assessment No. T-6366/P22-04877 dated July 12, 2023, an Addendum to Environmental Assessment No. P22-01202, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. 2. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Vesting Tentative Tract Map No. 6366 proposing to subdivide approximately 7.94 acres of the City of Fresno Printed on 8/28/2023Page 1 of 9 powered by Legistar™ 8/24/2023 NEW FILE ID 23-1276 CONTINUED TO 9/14/2023 AT 10:25 A.M. File #:ID 23-1226 Agenda Date:8/24/2023 Agenda #: subject property into a 71-lot single-family residential development subject to the following: a.Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract Map No. 6366 dated August 2, 2023. 3.DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Planned Development Permit Application No.P22-04877 proposing to modify the RS-5 ( Single-Family Residential,Medium Density)zone district development standards to allow for a reduction in the garage setback,rear yard setback,garage to façade setback,minimum lot size,minimum lot depth,an increase in maximum lot coverage,and gated private streets subject to the following: a.Development shall take place in accordance with the Conditions of Approval for Planned Development Permit Application No. P22-04877 dated August 2, 2023. EXECUTIVE SUMMARY Giannetta Engineering,on behalf of Granville Homes,has filed Vesting Tentative Tract Map No.6366 pertaining to approximately 7.94 acres of property located on the west side of North Bliss Avenue between East Shields and East Princeton Avenues. Vesting Tentative Tract Map No.6366 proposes to subdivide the property into a 71-lot single-family residential subdivision with public streets at a density of 8.94 dwelling units per acre (du/ac). Planned Development Permit Application No.P22-04877 is a proposal to modify the RS-5 (Single- Family Residential,Medium Density)zone district development standards to allow for a reduction in the garage setback,rear yard setback,garage to façade setback,minimum lot size,minimum lot depth, an increase in maximum lot coverage, and gated private streets. The subject property is located within the boundaries of the Fresno General Plan and McLane Community Plan,and both plans designate the subject property for the Medium Density Residential (5 to 12 du/ac).Based upon the submitted subdivision design,Planned Development findings,and conditions of approval,the proposed subdivision can be found consistent with the Medium Density Residential planned land use for the subject property designated by both the Fresno General Plan and McLane Community Plan. Appeal of Fresno City Planning Commission Action On August 2,2023,the Planning Commission considered and approved the item with staff’s update on Conditions of Approval.The applicant spoke in opposition to the condition in the Public Works Department memorandum dated June 19,2023 (Community Facilities District (CFD))requiring annexation into CFD No.18 for funding police and fire safety/protection/suppression services.After a complete hearing,the Planning Commission denied the change to conditions requested by the applicant and approved the vesting tentative tract map,planned development,and related environmental assessment,6 votes to 0.The Planning Commission Resolutions (Exhibits L and M) are attached for more information. In response to the appeal by the applicant,the Planning Commission’s action is set aside and a City Council public hearing is scheduled and noticed in accordance with Section 15-3314 of the Fresno Municipal Code. City of Fresno Printed on 8/28/2023Page 2 of 9 powered by Legistar™ File #:ID 23-1226 Agenda Date:8/24/2023 Agenda #: BACKGROUND The subject property is located on the west side of North Bliss Avenue between East Shields and East Princeton Avenues.The immediate surrounding area includes a vacant multi-family residential property and established single-family neighborhoods to the south,industrial buildings to the west, and an established single-family residential neighborhood to the east and north. Planned Development Planned Development Permit Application No.P22-04877 requests authorization to modify the minimum setback requirement as follows: ·Garage from 18 feet to 6 feet on lots 43, 44, 53, and 54. ·No setback requirement from garage to living façade on all lots. ·Rear yard setback from 10 feet to 5 feet on all lots. ·Maximum lot coverage from 60 percent to 61 percent on all lots In addition to the aforementioned setback reductions and lot coverage increase,the Planned Development Permit also requests authorization to reduce the minimum lot depth from 70 feet to 59 feet and the minimum lot size from 4,000 sq.ft.to 2,432 sq.ft.It should be noted that the requested one percent increase to the required 60 percent lot coverage shall only be allowed so long as it does not exceed any maximum requirements determined by the Fresno Metropolitan Flood Control District. The subject property is zoned RS-5 and is planned for Medium Density Residential uses.The proposed project is required to comply with the development standards within Section 15-903 of the Fresno Municipal Code (FMC),except for the required modifications through the Planned Development Permit. California Housing Shortage Since about 1970,California has been experiencing an increasing housing shortage,such that by 2018,California ranked 49th among the United States in housing units per resident.This shortage has been estimated to be 3-4 million housing units (20-30%of California's housing stock,14 million as of 2017).Experts say that California needs to double its current rate of housing production (85,000 units per year)to keep up with expected population growth and prevent prices from further increasing and needs to quadruple the current rate of housing production over the next 7 years for prices and rents to decline.Approval of the vesting tentative tract map would help contribute to fulfilling the housing needs of the region. Landscaping/Walls/Open Space An approximately 9,669 sq.ft.open space area is proposed at the northern boundary of the proposed subdivision.The amount of open space provided within the tract map is 9,669 sq.ft.,which meets the minimum requirement of FMC Section 12-4.705.For 71 lots,the minimum requirement is 5,827 sq. ft. of open space. City of Fresno Printed on 8/28/2023Page 3 of 9 powered by Legistar™ File #:ID 23-1226 Agenda Date:8/24/2023 Agenda #: Public Services Public Utilities The Department of Public Utilities (DPU)has determined that adequate sanitary sewer and water services are available to serve the project site subject to implementation of the Fresno General Plan policies and the mitigation measures of the related Program Environmental Impact Report;and,the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications and policies. The nearest sanitary sewer main to serve the Project is an 8-inch sewer main located in North Bliss Avenue.For sanitary sewer service,all sanitary sewer mains shall be extended within the Project to provide service to each lot.The proposed project will also be required to provide payment of sewer connection charges. For water service,the nearest water main to serve the proposed project is a 12-inch water main located in North Bliss Avenue.Required infrastructure improvements and facilities include installation of water mains within the interior of the proposed subdivision,providing an adequate,reliable,and sustainable water supply for the project’s urban domestic and public safety consumptive purposes. Fresno Metropolitan Flood Control District According to the Fresno Metropolitan Flood Control District (“FMFCD”),the subject site is not located within a flood prone or hazard area.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). Drainage from the site shall be directed to North Bliss Avenue. Fire Department The Fire Department offers a full range of services including fire prevention,suppression,emergency medical care,hazardous materials,urban search and rescue response,as well as emergency preparedness planning and public education coordination within the Fresno City limits,in addition to having mutual aid agreements with the Fresno County Fire Protection District and the City of Clovis Fire Departments. Based on the conditions received from the Fire Department dated June 9,2023,the subject property will be served by Fire Station 10,which is located at 5545 East Aircorp Way (approximately 1.3 miles away). Streets and Access Points The Fresno General Plan designates East Shields Avenue and North Fowler Avenue as arterials,and North Bliss Avenue as a local street.The project will provide one direct access point on North Bliss Avenue via a gated entrance.The developer of this project will be required to dedicate and construct improvements along all major street frontages and on all interior local streets within the subdivision. Direct vehicular access will be relinquished along all major street frontages. The Public Works Department,Traffic Engineering Division has reviewed the proposed project and potential traffic-related impacts for the proposed application and has determined that the streetsCity of Fresno Printed on 8/28/2023Page 4 of 9 powered by Legistar™ File #:ID 23-1226 Agenda Date:8/24/2023 Agenda #: potential traffic-related impacts for the proposed application and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division dated June 19,2023 and June 30,2023.These requirements include:(1)Street Dedications and improvements,(including,but not limited to,construction of concrete curbs,gutters,pavement,underground street lighting systems);and (2)Payment of applicable impact fees (including,but not limited to,the Traffic Signal Mitigation Impact (TSMI)Fee, and the Fresno Major Street Impact (FMSI) Fee. Land Use Plans and Policies The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form: ·Provide for a diversity of districts,neighborhoods,housing types (including affordable housing),residential densities,job opportunities,recreation,open space,and educational venues that appeal to a broad range of people throughout the city. ·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. 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 in accordance with Objective LU-1 of the Fresno General Plan. Policy UF-1-a supports development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities. Policy UF-1-d further emphasizes provisions for a diversity and variation of building types,densities, and scale of development in order to reinforce the identity of individual neighborhoods,foster a variety of market-based options for living and working to suit a large range of income levels,and further affordable housing opportunities throughout the city. Objective LU-5 of the General Plan calls for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities. Policy LU-5-c promotes medium density residential uses to maximize efficient use of residential property through a wide range of densities. Policy LU-5-h supports housing that offers residents a range of amenities,including public and private open space,landscaping,and recreation facilities with direct access to commercial services, public transit, and community gathering spaces. Policy D-4-e promotes innovative lot designs and patterns to enhance community livability in residential neighborhoods through new zoning provisions, with flexible development standards. City of Fresno Printed on 8/28/2023Page 5 of 9 powered by Legistar™ File #:ID 23-1226 Agenda Date:8/24/2023 Agenda #: The defining characteristic of a Complete Neighborhood is a neighborhood that is mostly self- sufficient,walkable,and interconnected.It provides residents with most all they need on a daily basis nearby.In other words,a Complete Neighborhood anticipates and plans in advance all amenities needed in a neighborhood to ensure quality and lasting property values before the residential units are built instead of trying to piecemeal those amenities after the fact.This convenient and healthy lifestyle is the benefit of a Complete Neighborhood.While total self-sufficiency or even completeness is unlikely to be accomplished in each neighborhood,some of the defining characteristics of a Complete Neighborhood include parks and public schools within or near the neighborhood,public plaza/civic space,access to public transit,neighborhood-serving retail,and a range of employment opportunities. An approximate 9,669 sq.ft.open space area is proposed at the northern area of the proposed subdivision. Immediately north of the subject property is East Shields Avenue which provides a corridor for a variety of industrial and commercial retail uses west of the project site.The intersection of East Shields and North Fowler Avenues immediately northwest of the subject property provides access to Bus Route 45,which travels north along North Clovis Avenue,and west along East Ashlan Avenue ending at its intersection with North Polk Avenue. Also,west along East Shields Avenue approximately 0.20 miles west of the subject property,is Melody Park which provides a variety of recreational activities include a playground,basketball court, tennis court,and baseball field.The nearest schools to the subject property are Roger S.Oraze Elementary (approximately 0.6 miles northeast of the subject property)and Clovis East High School (approximately 2.20 miles northeast of the subject property). Therefore,it is staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan,policy or regulation of the City of Fresno. Council District Project Review Committee There is no Council District 7 Project Review Committee formed at this time. Notice of City Council Hearing The Planning and Development Department mailed notices of this City Council hearing to all surrounding property owners within 1000 feet of the subject property,pursuant to Section 15-5007 of the FMC (Exhibit G). ANALYSIS OF THE APPEAL LETTER An appeal letter was received in response to the Planning Commission approval of this project. (1)Below is an analysis of the issues raised in the appeal letter dated August 3,2023 (Exhibit M ). Issue #1:Annexation into Community Facilities District (CFD)No.18 is not appropriateCity of Fresno Printed on 8/28/2023Page 6 of 9 powered by Legistar™ File #:ID 23-1226 Agenda Date:8/24/2023 Agenda #: Issue #1:Annexation into Community Facilities District (CFD)No.18 is not appropriate because;(1)the project is projected to generate a positive net income for public safety via property taxes alone;(2)the fire/EMS needs will likely be less in this project,as evidenced by the inclusion of the latest fire suppression systems in homes,as well as the low number of existing calls for service in the project area (per the Fresno Fire Department “All Incidents,1/1/2023-6/8/2023”Heat Map); (3)and,this project is intended as a single-family,for-rent neighborhood. Imposing annexation into CFD No.18 on for-rent housing makes this housing more difficult to finance and build,which will both discourage for-rent projects and make them less affordable for future renters. Response: Under the City of Fresno Special Tax Financing Law,Chapter 8,Division 1, Article 3,of the Fresno Municipal Code (FMC),the City Council,as the legislative body for the Community Facilities Districts (CFD)and any annexations thereto,has the authority to establish a CFD and annex property to a CFD.On October 20,2022,the City Council adopted Council Resolution No.2022-235 with intent to establish CFD No.18.CFD No.18 provides the funding for the operation and reserves for police and fire safety/protection/suppression services. The requirement for properties to annex into CFD No.18 is applicable to projects on properties that have been incorporated into the City of Fresno since January 6,2003 (date of now expired Memorandum of Understanding between the County and City of Fresno).The subject property in question was annexed in 2007, thus it is subject to annexation into CFD No. 18. A fiscal analysis titled “Revised Fiscal Impact Analysis of West Area Neighborhoods Project Area Residential Development”dated March 2023 has been attached to this report as Exhibit O.Said fiscal analysis,prepared by NBS relative to the creation of CFD No.18,found that an annual fee of $164 is appropriate for single-family residential development (per residence). ENVIRONMENTAL FINDINGS An environmental assessment was prepared for the project in accordance with the requirements of the California Environmental Quality Act (“CEQA”) Guidelines. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Fresno General Plan Program Environmental Impact Report SCH No. 2019050005 (“PEIR”).These environmental and technical studies have examined projected sewage generation rates of planned urban uses,the capacity of existing sanitary sewer collection and treatment facilities,and optimum alternatives for increasing capacities;groundwater aquifer resource conditions;water supply production and distribution system capacities;traffic carrying capacity of the planned major street system;and student generation projections and school facility site location identification. A Negative Declaration was previously prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA)Guidelines.This process included the distributionCity of Fresno Printed on 8/28/2023Page 7 of 9 powered by Legistar™ File #:ID 23-1226 Agenda Date:8/24/2023 Agenda #: 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 approved Environmental Assessment No.P21-01202 dated July 21,2021 anticipated single- family residential uses at a density consistent with the Medium Density Residential planned land use designation.Environmental Assessment No.P21-01202 anticipated 72 single-family dwelling units. The addendum dated July 12,2023 proposes 71 single-family dwelling units,which is less intensive than 72 single-family dwelling units and is considered a minor technical change.Per Section 15164 of the CEQA Guidelines,the addendum will not introduce any new significant environmental effects or substantially increase the severity of previously identified environmental effects (Exhibit K). FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications,staff concludes that the required findings contained within Sections 15-5905 (Planned Development)and 15-3309 (Vesting Tentative Tract Map Findings)et seq. of the Fresno Municipal Code. These findings are attached as Exhibit F. GROUNDS FOR DENIAL OF TENTATIVE MAP The Subdivision Map Act (California Government Code §§66410,et seq.)provides that approval of a proposed subdivision map shall be denied if any of the following findings are made. 1.That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the SMA. 2.That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. 3.That the site is not physically suitable for the type of development. 4.That the site is not physically suitable for the proposed density of development. 5.That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6.That the design of the subdivision or type of improvements is likely to cause serious public health problems. 7.That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large,for access through or use of,property within the proposed subdivision.In this connection,the governing body may approve a map if it finds that alternate easements,for access of or use,will be provided,and that these will be substantially equivalent to ones previously acquired by the public.This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. Staff has reviewed the proposed annexation,pre-zone,and vesting tentative tract map and has determined that none of the findings above apply to the project and,therefore,has recommended approval subject to the conditions of approval. CONCLUSION City of Fresno Printed on 8/28/2023Page 8 of 9 powered by Legistar™ File #:ID 23-1226 Agenda Date:8/24/2023 Agenda #: The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and the McLane Community Plan;compliance with the provisions of the FMC;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 exhibits. The proposed project does not meet the findings for denial per the Subdivision Map Act (California Government Code 66400,et seq.)and staff concludes that the required findings contained within Section 15-3309 et seq.of the FMC can be made.Upon consideration of this evaluation,it can be concluded that the proposed projects are appropriate for the project site. LOCAL PREFERENCE Local preference was not considered because this project does not include a bid or award of a construction or service contract. FISCAL IMPACT Affirmative action by the 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 inasmuch as the applicant has paid to the City a fee for the processing of this application and that fee is,in turn,funding the respective operations of the Planning and Development Department. Attachments: Exhibit A - Vesting Tentative Tract Map No. 6366 [03-23-2023] Exhibit A-1 - Planned Development Site Plan [02-27-2023] Exhibit B - Operational Statement [12-07-2022] Exhibit C -Aerial Map Exhibit D - Vicinity Map Exhibit E - Fresno General Plan Land Use & Zoning Map Exhibit F - Fresno Municipal Code Findings Exhibit G - Public Hearing Notice Radius Map (1,000 feet) Exhibit H - Conditions of Approval for Vesting Tentative Tract Map No. 6366 [08-02-2023] Exhibit I -Conditions of Approval for Planned Development Permit Application No.P22-04877 [08- 02-2023] Exhibit J - Comments and Requirements from Responsible Agencies Exhibit K - Environmental Assessment No. T-6366/P22-04877 [07-21-2023] Exhibit L - Planning Commission Resolution No. 13807 (Vesting Tentative Tract Map No. 6366) Exhibit M -Planning Commission Resolution No.13808 (Planned Development Permit Application No. P22-04877) Exhibit N - Appeal Letter [08-03-2023] Exhibit O -Revised Fiscal Impact Analysis of West Area Neighborhoods Project Area Residential Development [03-2023] City of Fresno Printed on 8/28/2023Page 9 of 9 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1252 Agenda Date:8/24/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning & Development Department SUBJECT Hearing to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources and adoption of findings necessary to support recommendation pursuant to FMC 12-1609 1. ***RESOLUTION - A Resolution of the City Council of the City of Fresno, California, designating the Dr. Earl R. Meyers Sr. & Mrs. Mattie B. Meyers Fresno Street Medical Arts Center located at 444 Fresno Street, Fresno California to the Local Register of Historic Resources (Council District 3) (Subject to Mayor’s veto). RECOMMENDATION The Historic Preservation Commission recommends that the City Council adopt the attached Resolutions designating the Dr. Earl R. Meyers Sr. & Mrs. Mattie B. Meyers Fresno Street Medical Arts Center located at 444 Fresno Street (APN 46725501) to the Local Register of Historic Resources pursuant to Fresno Municipal Code 12-1607 and 12-1609. EXECUTIVE SUMMARY Consider a request submitted by Dr. David C. Marshall to designate the Fresno-Klette Medical Arts Center as a historic resource on the Fresno Local Register of Historic Resources based on its association with Dr. Earl Randolph Meyers. The resource was evaluated with respect to the historic resource criteria of the City of Fresno’s Historic Preservation Ordinance, Article 16 of Chapter 12 of the Fresno Municipal Code and was publicly noticed in the Fresno Bee as required by the Ordinance. The Historic Preservation Commission held a noticed public hearing on September 26, 2022 and concluded that the property was eligible for listing on the Local Register of Historic Resources under the criteria FMC 12-1607(a)(1)(i) and 12-1607(a)(1)(ii). The Commission hereby forwards the nominations to the City Council for consideration. BACKGROUND Historical Context Dr. Earl Randolph Meyers led a remarkable life which was exemplified in his work advancing medicine in historically underserved minority communities in West Fresno and beyond. The medical City of Fresno Printed on 8/18/2023Page 1 of 4 powered by Legistar™ 8/24/2023 NEW FILE ID 23-1271 CONTINUED TO 9/14/2023 AT 10:25 A.M. File #:ID 23-1252 Agenda Date:8/24/2023 Agenda #: medicine in historically underserved minority communities in West Fresno and beyond.The medical complex located at 444 Fresno St.is an example of the dedication to ensuring equal access to medicine to predominantly Black patients. Prior to World War II,there was only one Black medical doctor in Fresno,Dr.Henry Wallace.Dr. Wallace was an inspiration to the young Earl Meyers when his mother was gravely ill.Due to Dr. Wallace’s influence,Meyers sought to pursue a career in medicine.He attended the Columbia School and matriculated to Edison High School.However,after learning that he needed to study Latin to attend medical school,Meyers sought a transfer to the predominantly white Fresno High School.After high school,Meyers attended Fresno State College until the onset of World War II at which point,he applied to attend Meharry Medical College in Nashville,Tennessee,one of only two medical schools in the nation accepting Black candidates.After completing his internship and residency, Dr. Meyer was recruited to return to Fresno by Dr. Henry Wallace who was retiring. During this post-war period,Dr.Meyers returned to Fresno in 1946-47 and practiced initially at 1246 F Street a building purchased by his father Louis Meyers.During the Korean War,Dr.Meyers left Fresno to enlist as a Captain in the U.S.Army.He returned to Fresno in 1951 and expanded his practice into a larger location at 1129 F St. In 1957,Dr.Meyers purchased the land at Klette and Fresno Streets to build a medical center dedicated to providing comprehensive medical care to Black and minority residents of West Fresno. He recruited other Black physicians,pharmacists,and medical specialists to his practice.Dr.Meyers hired David Horn of the professional firm of Horn &Mortland,Architects to design the complex.The buildings supported a total of four Black doctors, a pharmacy, an x-ray department, and a laboratory. The Fresno-Klette Medical Arts Center was highly successful,and Dr.Meyers went on to practice in Fresno for nearly two more decades until 1975.Dr.Meyers continued to provide medical services in underserved communities for the next three decades in California,Oregon,and Alaska.In Alaska,he assisted as a substitute physician in remote Aleutian Islands and in Native American reservations in Oregon and California. Dr. Meyers died October 1, 2014, at the age of 95. The five-building medical complex was designed by architect David Horn of Horn &Mortland who were nationally recognized for their design of the Sunshine School for the Cerebral Palsied in 1949 and 1952.They were considered to be an influential firm in not only public building design but in developing young architects of the period.Other local work of Horn &Mortland included:Fire House No.4,Fresno,1948;Sunshine School for the Cerebral Palsied,Fresno,1949 and 1952;Tuberculosis Hospital,Fresno,1953;Holland Elementary School,Fresno,1954;Pacific Employers Insurance Co. office, Fresno, 1956; and Fellowship Hall, St. Paul’s Methodist Church, Fresno 1956. Analysis The Fresno Municipal Code defines the designation criteria and process for historic resources in City of Fresno Printed on 8/18/2023Page 2 of 4 powered by Legistar™ File #:ID 23-1252 Agenda Date:8/24/2023 Agenda #: Sections 12-1607, 12-1608, and 12-1609. SEC. 12-1607. - DESIGNATION CRITERIA. (a)HISTORIC RESOURCES:Any building,structure,object,or site may be designated as an Historic Resource if it is found by the Commission and Council to meet the following criteria: (1)It has been in existence more than fifty years,and it possesses aspects of integrity to convey its significance based upon location,design,setting,materials, workmanship, feeling or association, and: (i)It is associated with events that have made a significant contribution to the broad patterns of our history; or (ii)It is associated with the lives of persons significant in our past; or (iii)It embodies the distinctive characteristics of a type,period,or method of construction,or represents the work of a master,or possesses high artistic values; or (iv)It has yielded or may be likely to yield,information important in prehistory or history. The property is not currently occupied and has deteriorated.However,it is still structurally sound and substantially intact in its original form and location.The construction is comprised of stucco,brick, and glass.Its style is consistent with the period including large low roof overhangs to provide shadow and an inner courtyard giving light to interior rooms.The buildings are connected through interior hallways and breezeways. As the first Black comprehensive medical complex in Fresno meets the criterion 12-1607(a)(1)(i)for its association with broad patterns of our history.Additionally,it meets the criterion 12-1607(a)(2)(ii) for its association with the life of Dr.Earl Randolph Meyers,a significant figure in Fresno’s history,in particular for his dedication to providing medical services to Black and minority communities. In accordance with Section 12-1609,the hearing was properly noticed through publication in the Fresno Bee on September 16,2022,ten days prior to the Historic Preservation Commission hearing. Additionally,all properties within 2,000 feet of the subject property were noticed by mail two weeks prior to the hearing. A Department of Parks and Recreation Primary Record Form (DPR 523A)was prepared in June 2023 and presented to the City in July 2023 by Karana Hattersley-Drayton,M.A.documenting the property condition and confirming the eligibility for the Local Register of Historic Resources. ENVIRONMENTAL FINDINGS Not a project pursuant to CEQA. City of Fresno Printed on 8/18/2023Page 3 of 4 powered by Legistar™ File #:ID 23-1252 Agenda Date:8/24/2023 Agenda #: LOCAL PREFERENCE n/a FISCAL IMPACT No fiscal impact. ATTACHMENTS: Exhibit A - Resolution Exhibit B - Designation Criteria for the Local Register of Historic Resources (FMC 12-1607) Exhibit C - Department of Parks and Recreation Forms - 444 Fresno St City of Fresno Printed on 8/18/2023Page 4 of 4 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1267 Agenda Date:8/24/2023 Agenda #: 5.-A. CLOSED SESSION ITEM August 24, 2023 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) HAVEN #20, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00238 City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 8/24/2023 DISCUSSED NO ANNOUNCEMENTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1261 Agenda Date:8/24/2023 Agenda #: 5.-B. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 8/24/2023 DISCUSSED NO ANNOUNCEMENTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1268 Agenda Date:8/24/2023 Agenda #: 5.-C. CLOSED SESSION ITEM August 24, 2023 SUBJECT CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: TJ Miller Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA) City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 8/24/2023 DISCUSSED NO ANNOUCEMENTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-54 Agenda Date:8/24/2023 Agenda #: 5.-D. CLOSED SESSION ITEM SUBJECT PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Attorney 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Attorney City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 8/24/2023 DISCUSSED NO ANNOUNCEMENTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-53 Agenda Date:8/24/2023 Agenda #: 5.-E. CLOSED SESSION ITEM SUBJECT PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Clerk 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Clerk City of Fresno Printed on 8/28/2023Page 1 of 1 powered by Legistar™ 8/24/2023 DISCUSSED NO ANNOUNCEMENTS