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Home My WebLink About10-02-2014 Council Agenda FinalThursday, October 2, 2014 8:30 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Council President - Steve Brandau Acting President - Oliver Baines, III Councilmembers: Lee Brand, Paul Caprioglio, Clinton J. Olivier, Sal Quintero, Blong Xiong City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC Meeting Agenda - Final Regular Session October 2, 2014City Council Meeting Agenda - Final The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify the Office of the City Clerk at 559-621-7650 at least three business days prior to the meeting. Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, contact Security. The City Council welcomes you to the Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno CA 93721. The agenda and related staff reports are available on (www.fresno.gov) as well as in the Office of the City Clerk. The Council meeting can also be heard live at the same web site address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from 8:30 a.m. and re-played beginning at 8:00 p.m. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. No documents shall be accepted for Council review unless they are submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Following is a general schedule of items for Council consideration and action. The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called. AGENDA ITEMS MARKED WITH AN ASTERISK (*) ARE SUBJECT TO MAYORAL VETO OR RECONSIDERATION Page 2 City of Fresno Printed on 9/26/2014 October 2, 2014City Council Meeting Agenda - Final 8:30 A.M. ROLL CALL Invocation by District 4 Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS Presentation of SPCA Pet of the MonthID#14-425 Sponsors:City Councilmember Brandau Presentation of the annual Disability Awareness Month Proclamation and Disability Advisory Commission annual awards ID#14-378 Sponsors:Mayor's Office Presentation of P.R.I.D.E. Team Certificates for the Fall Quarter ID#14-426 APPROVE CITY COUNCIL MINUTES Approval of City Council minutes from September 25, 2014ID#14-442 COUNCILMEMBER REPORTS AND COMMENTS APPROVE AGENDA 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. Revision of Video Policing AuditingID#14-3791-A Sponsors:Police Department Approve a (3) three year requirements contract with the possibility of (2) two one-year extensions for Cost Allocation Plan (CAP) and Indirect Cost Rate Proposal (ICRP) services in the amount of $23,000 per year with MGT of America, Inc. ID#14-3971-B Page 3 City of Fresno Printed on 9/26/2014 October 2, 2014City Council Meeting Agenda - Final Sponsors:Finance Department RESOLUTION - Of Intention to vacate portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street (Council District 3) ID#14-4001-C Sponsors:Public Works Department Approve Agreement for Transfer of Drainage Facilities from City of Fresno to Fresno Metropolitan Flood Control District along Kings Canyon Road (former State Route 180) (Council District 5) ID#14-4021-D Sponsors:Public Works Department Actions pertaining to the City Hall Annex Reroof Project (Council District 3) 1.Adopt finding of a Categorical Exemption per staff determination, pursuant to Section 15301(d) of the California Environmental Quality Act (CEQA) Guidelines 2.Award a construction contract to Roof Systems, Inc. dba Nations Roof West of Fresno, California in the amount of $282,182 for the City Hall Annex Roof Project (Bid File 3282) ID#14-4271-E Sponsors:Public Works Department Approve a consultant services agreement with Barrett Sports Group, LLC ID#14-4431-F Sponsors:City Manager's Office CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION Approve a Requirements Contract with Elite Maintenance and Tree Service, Inc. in the amount of $585,162 to provide monthly landscape maintenance service in selected Community Facility Districts and Landscape and Lighting Maintenance Districts ID#14-3862-A Sponsors:Public Works Department Approve a State of California Lead Poisoning Prevention Program Agreement in the amount of $436,470 with the ID#14-3922-B Page 4 City of Fresno Printed on 9/26/2014 October 2, 2014City Council Meeting Agenda - Final County of Fresno for three years for lead hazard assistance and outreach Sponsors:Development and Resource Management Department Action pertaining to an Annual Appropriation Resolution for the High Speed Rail Station Area Master Plan 1.*RESOLUTION- 3rd amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $1,020,000 for High Speed Rail Station Master Plan consulting services and miscellaneous City expenses (Requires 5 affirmative votes) ID#14-4372-C 3. CITY COUNCIL Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: 1. Council of Governments - Swearengin-Ex-Officio (Olivier-Alternate) 2. Financial Audit Committee - Brand, Olivier, Xiong 3. Fresno Area Workforce Investment Corporation - Baines 4. Fresno County Transportation Authority (FCTA) - Swearengin, Brandau 5. Fresno Regional Workforce Investment Board - Baines, Renena Smith 6. Fresno County Zoo Authority - Swearengin (Baines-Alternate) 7. Fresno Madera Area Agency on Aging Board - Olivier 8. Joint Powers Financing Authority - Baines, Xiong, Swearengin 9. Association for the Beautification of Highway 99 - Baines 10. Upper Kings Basin Integrated Regional Water Management JPA - Xiong 11. Pension Reform Task Force - Brand, Xiong, (3rd Member vacant) 12. Economic Development Corporation Serving Fresno County - Brandau-Ex-Officio 13. Fresno/Clovis Convention & Visitors Bureau (CVB) - Amy Fuentes ID#14-4293-A Page 5 City of Fresno Printed on 9/26/2014 October 2, 2014City Council Meeting Agenda - Final 14. League of California Cities (Annual Meeting) - Swearengin (Olivier-Alternate) 15. San Joaquin Valley Air Pollution Control District - Baines 16. Infill Development Ad Hoc Subcommittee - Brand, Baines, Olivier 17. Litigation Exposure Reduction Ad Hoc Committee - Brandau, Caprioglio 18.Convention Center Oversight Advisory Board - Baines, (Brand-Alternate), City Manager, SMG General Manager and one representative from each of SMG’s organizations Sponsors:City Clerk's Office 4. CLOSED SESSION 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 11, Annexation No. 56 (Final Tract Map No. 6063) (near south corner of North Friant Road and East Copper Avenue) (Council District 6) 1.RESOLUTION - Annexing Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax 2.RESOLUTION - Calling Special Mailed-Ballot Election 3.RESOLUTION - Declaring Election Results 4.* BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2014-2015 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 56, Final Tract Map No. 6063 ID#14-363 Sponsors:Public Works Department 10:10 A.M. Sign Ordinance WorkshopID#14-420 Page 6 City of Fresno Printed on 9/26/2014 October 2, 2014City Council Meeting Agenda - Final PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Members of the public may address the Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the Council. Each person is limited to a three (3) minute presentation. Anyone wishing to be placed on an agenda for a specified topic should contact the City Clerk’s Office at least ten (10) days prior to the desired date. Council action on unscheduled items, if any, shall be limited to referring the item to staff for a report and possible scheduling on a future Council agenda. ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS OCTOBER 9 10:00 A.M. HEARING re:Consideration of Rezone Application no. R-13-014 and related environmental assessment no. R-13-014/tpm 2013-03 filed by Mike Hamzy on behalf of Niko Real Estate Fund, LLC for property located on the west side of N. Winery between E. Washington and E. McKenzie Avenues (property located in Council District 7) OCTOBER 23 10:00 A.M.#1 HEARING ordering the vacation of a portion of the northwest side of Stanislaus Street northeast of Fulton Street (Council District 3) OCTOBER 23 10:00 A.M.#2 HEARING re: Non-Exclusive Towing Franchise Agreements OCTOBER 23 10:15 A.M. HEARING re: Rezone Application No. R-14-004 filed by Poeschel Land Development Services on behalf of property owner Bill Milam NOVEMBER 20 10:00 a.m. HEARING re: Final Tract Map No. 5967 annexed to CFD No. 11 to provide funding for the operation and reserves for maintenance (“Services”) pertaining to the concrete curbs and gutters, entrance median curbs and hardscaping, sidewalks, curb ramps, interior street paving and street lighting associated with this subdivision Page 7 City of Fresno Printed on 9/26/2014 October 2, 2014City Council Meeting Agenda - Final UPCOMING EMPLOYEE CEREMONIES OCTOBER 2 8:30 A.M. Presentation of Employee of the Quarter Award (Reception immediately following - 2nd floor foyer) OCTOBER 22 (Wednesday) 2:00 P.M. Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer) 2014 CITY COUNCIL MEETING SCHEDULE OCTOBER 2 - 8:30 A.M. OCTOBER 9 - 8:30 A.M. OCTOBER 16 - NO MEETING OCTOBER 23 - 8:30 A.M. OCTOBER 30 - 8:30 A.M. NOVEMBER 6 - 8:30 A.M. DECEMBER 4 - 8:30 A.M. NOVEMBER 13 - NO MEETING DECEMBER 11 - 8:30 A.M NOVMEBER 20 - 8:30 A.M. DECEMBER 18 - 1:30 P.M. NOVEMBER 27 - NO MEETING DECEMBER 25 - NO MEETING Page 8 City of Fresno Printed on 9/26/2014 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-425,Version:1 CEREMONIAL PRESENTATION Presentation of SPCA Pet of the Month City of Fresno Printed on 9/25/2014Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-378,Version:1 CEREMONIAL PRESENTATION Presentation of the annual Disability Awareness Month Proclamation and Disability Advisory Commission annual awards City of Fresno Printed on 9/25/2014Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-426,Version:1 REPORT TO THE CITY COUNCIL October 2, 2014 FROM:YVONNE SPENCE City Clerk BY:FLORA BOWLES, Sr. Administrative Clerk City Clerk’s Office SUBJECT Presentation of P.R.I.D.E. Team Certificates for the Fall Quarter BACKGROUND In January 15,1988,the City established the Employee Recognition Program for therecognitionanddevelopmentofitshumanresources.The program was designed to honortheemployeewhoexemplifiestheprinciplesfoundintheHRODprogramsummarizedbytheacronym PRIDE:Professionalism,Responsiveness,Innovation,Direction, and Excellence. Each quarter,departments select the employee(s)who provide outstanding public service tothepeopleoftheCityofFresnoandwhosetsthestandardofexcellenceinperformance.Below are the selections made by each department.It is my pleasure to present to the CityCouncil, the PRIDE team for the Fall Quarter, 2014. NAME DEPARTMENT Susan Silva City Attorney’s Office Lindsay Barsamian City Clerks/City Manager/Mayor/Council Beth Lanier Department of Public Utilities Rod Barnett Department of Public Utilities Beatrice Garretson Department of Public Utilities David Trauger Department of Public Utilities City of Fresno Printed on 9/26/2014Page 1 of 2 powered by Legistar™ File #:ID#14-426,Version:1 Erica Castaneda Development & Resource Management Department Koby Johns Fire Department Gregg Skaggs Fire Department William Veiga Fire Department Kenneth Wilson Information Services Department Dennis Ferguson Parks, After School, Recreation & Community Service Wendy Moon Parks, After School, Recreation & Community Service Steve Norris Parks, After School, Recreation & Community Service Marvin Seals Personnel Services Department John Gomez Police Department Dan Longoria Police Department Mike Stanford Police Department Laz Garza Public Works Department Tony Garcia Public Works Department Jill Gormley Public Works Department Christie Kelly Public Works Department Jane Hostetler Transportation Department Debra Jones Transportation Department Maya O’Neal Transportation Department Maria Velasquez Transportation Department City of Fresno Printed on 9/26/2014Page 2 of 2 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-442,Version:1 CITY COUNCIL MINUTES FOR APPROVAL Approval of City Council minutes from September 25, 2014 City of Fresno Printed on 9/26/2014Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-379,Version:1 REPORT TO THE CITY COUNCIL October 2, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:DENNIS BRIDGES, Captain Patrol Support Division SUBJECT Revision of Video Policing Auditing RECOMMENDATION The qualifications of the Video Policing Unit Auditor (VPUA)should be expanded from retired federal judge to retired federal judge or retired state judge. The audit performed by the retired judge should be completed every 24 months instead of the current 12-month audit. EXECUTIVE SUMMARY An audit of the Fresno Police Department’s (FPD)Video Policing Unit (VPU)was published by retired Federal judge,Oliver Wanger.Judge Wanger recommended the qualifications for the Video Policing Unit Auditor be expanded from retired federal court judge to include retired state judges.This is necessary due to the limited number of retired Federal court judges that are available. Also,FPD is recommending the audit be completed every 24 months instead or every 12 months due to the amount of time and work required to perform the audit. BACKGROUND Judge Wanger’s audit was published on December 31,2013.It contained several recommendations on staffing and recordkeeping for the FPD’s VPU.Most of the recommendations pertained to internal auditing,and these recommendations are being addressed.One of Judge Wanger’s recommendations was to expand the pool of VPUA candidates from retired Federal judges to include retired state judges.This is due to the very limited local pool of retired Federal judges.Expanding the qualifications to include retired state judges will make it much more likely that the Video Policing City of Fresno Printed on 9/26/2014Page 1 of 2 powered by Legistar™ File #:ID#14-379,Version:1 the qualifications to include retired state judges will make it much more likely that the Video Policing Auditor will be a local resident, something that is of value to the position and the community. A second recommendation that the FPD is making is that the Video Policing Audit conducted by the VPUA occur once every 24 months instead of occurring every 12 months.The audit preparation and the production of the audit is very time consuming and laborious for the auditor and is not needed to be repeated every 12 months.A 24-month review would yield the same value while reducing the time and effort required of the unpaid retired judge conducting the audit.The expansion of the auditor’s time period for review would have no impact on the FPD’s on-going review of its video policing and its internal audit completed every 12 months. ENVIRONMENTAL FINDINGS Not Applicable. LOCAL PREFERENCE The VPUA position is an unpaid position.However,we will seek candidates who are local due to their familiarization with the Fresno community. FISCAL IMPACT There would be no fiscal impact to the General Fund. DB 09/10/2014 City of Fresno Printed on 9/26/2014Page 2 of 2 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-397,Version:1 REPORT TO THE CITY COUNCIL October 2, 2014 FROM:R. RENENA SMITH, Assistant City Manager City Manager’s Office THROUGH:JANE SUMPTER, Budget Manager Finance Department BY:PEDRO RIVERA, Senior Budget Analyst Finance Department SUBJECT Approve a (3) three year requirements contract with the possibility of (2) two one-year extensions for Cost Allocation Plan (CAP) and Indirect Cost Rate Proposal (ICRP) services in the amount of $23,000 per year with MGT of America, Inc. RECOMMENDATION Staff recommends that the City Council award a requirements contract for CAP and ICRP services in the amount of $23,000 per year for three years with the possibility of two one-year extensions and authorize the City Manager or his designee,in conjunction with the City Attorney,to finalize and execute the contract on behalf of the City. EXECUTIVE SUMMARY The Budget and Management Studies Division of the Finance Department initiated a request for proposal (RFP)for CAP and ICRP services.For the prior three years,the City has utilized the services of Maximus,Inc.for the preparation of the City’s Cost Allocation Plan.For FY 2016,the City will pursue eligible federal reimbursement of indirect costs for federal programs and projects. Reimbursement of indirect costs will require the preparation and subsequent submission of both a central services CAP and programmatic/departmental ICRPs to the City’s cognizant federal agency: the U.S.Department of Transportation -Federal Transit Administration (DOT-FTA).The increased demand for consultant services now merits a competitive bid and,as such,an RFP was issued.The City sent out 16 proposals and received one response.The submitted proposal was evaluated by a committee panel based on the criteria set forth in the RFP.The committee panel determined that the proposal met the criteria established in the RFP. City of Fresno Printed on 9/25/2014Page 1 of 3 powered by Legistar™ File #:ID#14-397,Version:1 BACKGROUND The purpose of a CAP is to accurately,fairly and reasonably distribute a City’s central services costs (e.g.City Clerk,Personnel Services,Finance,Attorney,etc.)to operating departments in the City,in accordance with the Federal Office of Management and Budget’s (OMB)2 CFR Part 225,“Cost Principals for State,Local,and Indian Tribal Governments”(OMB A-87).Allocated overhead costs are then used to develop rates for City services including billing rates for grants and user fees.Once prepared,the CAP must be submitted to the City’s cognizant agency,which is currently the DOT- FTA,for review six months prior to implementation.For FY 2016,the City of Fresno’s CAP document must be submitted by December 31, 2014. In addition to the CAP,the contract also includes the development of ICRPs for the following departments:Development and Resource Management;Fire;Parks,After Schools,Recreation and Community Services;Police;Public Utilities;Public Works;and Transportation.An ICRP is the means by which indirect costs are identified,analyzed and allocated to federal programs for federal reimbursement.The development of an ICRP is required prior to billing federal grants for indirect costs.ICRPs must also be submitted to the City’s cognizant agency six months prior to implementation. The RFP was advertised in the Business Journal on Friday,June 27,2014.The RFP was posted on the City’s Bids On-line website where it was downloaded by 16 potential proposers and only one proposal was received and publicly opened on Tuesday,August 12,2014.Outreach was performed to identify why only one proposal was received,and proposer responses included:specialized services,internal staffing shortages and bond requirements.After careful review and analysis the committee concluded the MGT of America proposal would be the most beneficial to the City. The Committee recommends awarding the contract to MGT of America as their proposal meets all the RFP requirements and offers the best value to the City.They demonstrated that their service would be the best value for the City and that they had the ability to meet the City requirements as set forth in the RFP.The evaluation was based on the size of the company,past performances,and their ability to meet the requirements of the contract.The City has maintained a contract for CAP services since 2011 and in 2013 included ICRP services for one program.The current contract expired and a bid was initiated to establish a requirements contract for both CAP and City-wide ICRP services.The current contract is held by Maximus,Inc.,in the amount of $23,750 per year and expired on January 31,2014.MGT of America’s pricing is $23,000 per year,or approximately three percent below the previous contract pricing. The proposal package was evaluated by a committee consisting of a facilitating Senior Buyer from Purchasing,six internal staff members and one external member.Based on the review of the proposal,the Evaluation Committee determined that the proposal submitted by MGT of America,Inc. met all of the criteria set forth in the RFP.In addition,the consulting firm has over 40 years of experience in governmental cost determination.The proposer provided three references and all were contacted.The reviews for the proposer’s overall service were excellent.MGT of America,Inc. works with many California cities developing cost allocation plans and other cost service projects. Therefore,based on their reputable service and favorable pricing the committee recommends that MGT of America, Inc. be awarded the CAP and ICRP services contract. The staff determination was posted on the City’s website on Tuesday,September 16,2014.The Council may adopt staff’s recommendation which would award a requirements contract for three (3)City of Fresno Printed on 9/25/2014Page 2 of 3 powered by Legistar™ File #:ID#14-397,Version:1 Council may adopt staff’s recommendation which would award a requirements contract for three (3) years,with the possibility of two one (1)year extensions in the amount of $23,000 per year,or reject the submitted proposal.If the proposal is rejected,the project will be rebid resulting in a delay of approximately 90 days.In addition,if rejected,the City will not meet the federal deadline for CAP and ICRP submission and will need to request an extension from its cognizant agency.If an extension is not approved the result may be the loss of federal reimbursement.Proposals will expire within 120 days of proposal opening which is December 10, 2014. ENVIRONMENTAL FINDINGS By definition in the California Environmental Quality Act (CEQA) Guidelines Section 15378, the award of a consultant contract does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference not implemented because no “local business” submitted a bid. FISCAL IMPACT Appropriations of $23,800 were established in the General Fund per the FY 2015 Adopted Budget in the Finance Department and are sufficient enough to cover cost of the recommended consultant services.The contract will save the General Fund $750,or approximately 3 percent.The General Fund will recover the cost of CAP and ICRP services via the CAP. Attachments: Evaluation Committee Report Matrix Summary City of Fresno Printed on 9/25/2014Page 3 of 3 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-400,Version:1 REPORT TO THE CITY COUNCIL October 2, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:ALAN JAMES, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT RESOLUTION - Of Intention to vacate portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street (Council District 3) RECOMMENDATION Staff recommends the City Council adopt Resolution of Intention No.1097-D for the proposed vacation of portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street,and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street,and set the required public hearing at 10:00 a.m.on October 23, 2014. EXECUTIVE SUMMARY FFDA Properties,LLC is requesting the vacation of portions of the northwest four feet of Stanislaus Street northeast of Fulton Street and the northeast four feet of Fulton Street northwest of Stanislaus Street as described in Exhibit “A”and shown on Exhibit “B”of the attached Resolution of Intention, and a portion of the Fulton-Van Ness Alley from Stanislaus Street to approximately 250 feet northwest,as described in Exhibit “E”and shown on Exhibit “F”of the attached Resolution of Intention.The purpose of the vacation is to accommodate development as proposed by Conditional Use Permit No. C-13-137 and Tentative Tract Nos. 6059 and 6060. City of Fresno Printed on 9/26/2014Page 1 of 2 powered by Legistar™ File #:ID#14-400,Version:1 BACKGROUND Conditional Use Permit No.C-13-137 proposes to construct an 85-unit residential and commercial mixed use development located on approximately 2.3 acres in the block bounded by Van Ness Avenue and Calaveras,Fulton and Stanislaus Streets.The project is proposed to consist of:12 two- story triplex buildings;2 three-story 20-plex buildings (comprised of 4 connected five-plex structures); and,2 three-story mixed use buildings (comprised of 3 live-work units with residential living area situated above ground floor commercial space). The Traffic and Engineering Services Division,other City departments and utility agencies have reviewed the proposed vacation and determined that the rights-of-way proposed for vacation are unnecessary for present or prospective public street or alley purposes subject to the reservation of a public utility easement over a portion of the area being vacated as described in Exhibits “C”and “E” and shown on Exhibits “D” and “F” of the attached Resolution of Intention. The City Attorney's Office has approved the attached Resolution of Intention as to form. The vacation,if approved by the Council at the public hearing,will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder. ENVIRONMENTAL FINDINGS The proposed vacation is included in the project description of Environmental Assessment No.C-13- 137/T-6059/T-6060 with a finding of Mitigated Negative Declaration that the proposed project will not have a significant adverse effect on the environment.The project was approved by the Planning Commission on May 21, 2014. A Notice of Determination was filed on July 3, 2014. LOCAL PREFERENCE Not applicable because the vacation of public right-of-way does not involve bidding or contracting. FISCAL IMPACT There will be no City funds involved with this vacation.FFDA Properties,LLC has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: Vicinity Map Resolution of Intention No. 1097-D City of Fresno Printed on 9/26/2014Page 2 of 2 powered by Legistar™ N.T.S. ATTACHMENT 1 VICINilY MAP PREPARED BY: GARY GIANNffiA 1119 •s• STREET FRESNO, CA. 93721 (559) 264-3590 9/24/13 RESOLUTION NO. 1097-D A RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO VACATE PORTIONS OF THE NORTHWEST SIDE OF STANISLAUS STREET NORTHEAST OF FULTON STREET AND THE NORTHEAST SIDE OF FULTON STREET NORTHWEST OF STANISLAUS STREET, AND A PORTION OF THE FULTON-VAN NESS ALLEY NORTHWEST OF STANISLAUS STREET WHEREAS, it is the intention of the Council of the City of Fresno, State of California (the "City"), to order the vacation of portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street; for further particulars as to the proposed vacation, reference is hereby made to the attached Exhibits "A" through "F", incorporated herein by reference and on file in the Office of the City Clerk of the City at Fresno City Hall, 2600 Fresno Street, Fresno, California, 93721; and WHEREAS, the purpose of the vacation is to accommodate development as proposed by Conditional Use Permit No. C-13-137 and Tentative Tract Nos. 6059 and 6060;and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The hour of 10:00 a.m. on October 23, 2014, in the Council Chambers in Fresno City Hall, is hereby fixed as the time and place when and where all persons interested in or objecting to the proposed vacation may appear before the Council and 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: Tl\W Resolution No. be heard in relation thereto. 2. The Council elects to proceed under the provisions of Chapter 3, commencing with Section 8320, of the Public Streets, Highways, and Service Easements Vacation Law of the State of California (California Street and Highways Code Sections 8300 et seq.). 3. The Public Works Director of the City is directed to cause notices of the proposed vacation to be published and posted for the time and in the manner prescribed by the provisions of Sections 8322 and 8323 of the California Streets and Highways Code. 4. The Council preliminarily determines that the public street or alley proposed to be vacated is not useful as a bicycle path or route under applicable general, specific, or community plans and policies. If the Council does not rescind such preliminary determination, based on evidence or public testimony presented to it, orally or in writing, at or before the October 23, 2014, hearing, the Council may proceed to make a final determination, at the public hearing, that the public street and public alley be vacated as provided herein. Ill Ill 2 of 3 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES NOES ABSENT ABSTAIN : Mayor Approval: --------------' 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 APPROVED AS TO FORM: DOUGLAS T. SLOAN CITY ATTORNEY'S OFFICE BY: -----------Tracy N. Parvanian, Deputy Dated: Attachments: Exhibits "A" and "F" 3 of 3 YVONNE SPENCE, CMC City Clerk BY: ------------Deputy Parcel1 Exhibit "A" Page 1 of 2 That portion of Fulton Street lying adjacent to Block 88 of the Town (now City) of Fresno, recorded in Volume 1 of Plats, Page 2, Fresno County Records, described as follows: BEGINNING at the most Westerly corner of said Block 88; thence Southeasterly along the Southwesterly line of said Block 88, said Southwesterly line also being the Northeasterly line of the Fulton Street right-of-way, a distance of 100.00 feet to the Southerly comer of Lot 29 of said Block 88; thence Southwesterly, along the Southwesterly prolongation of the Southeasterly line of said Lot 29, a distance of 4.00 feet; thence Northwesterly, parallel with and 4.00 feet Southwesterly of said Southwesterly line, a distance of 96.00 feet, more or less, to a point being 4.00 feet Southeasterly from the Southwesterly prolongation of the Northwesterly line of Lot 32 of said Block 88; thence Northerly, a distance of 5.66 feet, more or less, to the Point of Beginning. Parcel 2 Exhibit "A" Page 2 of 2 That portion of Fulton Street and Stanislaus Street lying adjacent to Block 88 of the Town (now City) of Fresno, recorded in Volume 1 of Plats, Page 2, Fresno County Records, described as follows: BEGNNING a the most Westerly corner of Lot 26 of said Block 88; thence Southeasterly along the Southwesterly line of said Block 88, said Southwesterly line also being the Northeasterly line of the Fulton Street right-of-way, a distance of 250.00 feet to the most Southerly corner of said Block 88; thence Northeasterly along the Southeasterly line of said Block 88, said Southeasterly line also being the Northwesterly line of the Stanislaus Street right-of-way, a distance of 320.00 feet to the most Easterly corner of said Block 88; thence Southeasterly, along the Southeasterly prolongation of the Northeasterly line of said Block 88, a distance of 4.00 feet; thence Southwesterly, parallel with and 4.00 feet Southeasterly of said Southeasterly line, a distance of 316.80 feet, more or less, to a point that lies 7.20 feet Northeasterly from the intersection of said line parallel with and 4.00 feet Southeasterly of said Southeasterly line of Block 88, with a line parallel with and 4.00 feet Southwesterly of said Southwesterly line of Block 88; thence Westerly, a distance of 10.18 feet, more or less, to a point on said line parallel with and 4.00 feet Southwesterly of said Southwesterly line of Block 88, that lies 7.20 feet Northwesterly from said intersection; thence Northwesterly, along last said parallel line, a distance of 246.80 feet, more or less, to the intersection with the Southwesterly prolongation of the Northwesterly line of Lot 26 of said Block 88; thence Northeasterly, along said Southwesterly prolongation, a distance of 4.00 feet to the Point of Beginning. DETAIL A SCALE: 1·=20' REF. & REV. FILE NO. C-13-137 n 6059 n 6060 EXHIBIT "8" B883l HATCHED AREA TO BE VACATED PARCEL 1 AREA = 392± SQ. FT. PARCEL 2 AREA = 2,270± SQ. FT. INI SCALE: 1' • 80' """ ., ------· 80 40 0 80 '~ /2s .·· pARcil_ 2 .. · .... 24 ...... ~ . POINT OF BEGINNING · .·. . .·· .·· .·4!>-\~·· . . . .. . . . 46f».;.., . . . .. . . . . . r6> ... .. ·· .-·~_ .. ··:z:z ... · .. ·· .. ···· .. ···· .. ····· .. ·····21 .. ···· CITY OF FRESNO A PORTION OF THE TOWN (NOW CllY) OF FRESNO '~ '~~ ~~~ '~ ' ~~~ '~ / / ' DEIA!LB SCALE: 1·=20' PROJ. 10. ---- FUND NO. ---- ORG. NO. DR .. BY: B. GIANNETTA CH BY: DATE: SCALE: AS NOTED 8/22/14 SHEET NO. 1 OF 1 SHEET 15-A- Exhibit "C" That portion of Stanislaus Street lying adjacent to Block 88 of the Town (now City) of Fresno, recorded in Volume 1 of Plats, Page 2, Fresno County Records, described as follows: BEGNNING a the most Easterly corner of Lot 17 of said Block 88; thence Northeasterly along the Southeasterly line of said Block 88, said Southeasterly line also being the Northwesterly line of the Stanislaus Street right-of-way, a distance of 20.00 feet to the most Southerly corner of Lot 16 of said Block 88; thence Southeasterly, along the Southeasterly prolongation of the Southwesterly line of Lots 1 through 16, inclusive, of said Block 88, a distance of 4.00 feet; thence Southwesterly, parallel with and 4.00 feet Southeasterly of said Southeasterly line, a distance of 20.00 feet, more or less, to the intersection with the Southeasterly prolongation of the Northeasterly line of Lots 17 through 32, inclusive, of said Block 88; thence Northeasterly, along last said Southeasterly prolongation, a distance of 4.00 feet to the Point of Beginning. REF. & REV. FILE NO. C-13-137 n 6059 n 6060 26 EXHIBIT "D" HATCHED AREA TO BE RESERVED AS A PUBLIC UTILilY EASEMENT AREA = 80± SQ. FT. .-··25 .·· .·· .··., .·· _ .. · _ .. · .... 4 .. ·· 23 __ .. · .-··· .. ·· . . '\It···· • • • • • • • • • • • • A ~f>---"\ ~J>-... • • ·• ... ·nW It"' •• .-" n"> •• . • . ·por ,, .• .,., . • .-····... ..·· .... · •. ... .. ·· .. ··· ~ .. ·· .·· .·· .·· 21 . .· .· . .· .. ·· __ ... -··· ... --·2o ... -·· .. ··· .-···19 .. ·· .... ···: .......... ::: ......... ·:~.a.. ·j;· .· .· .· .· . .·· CITY OF FRESNO A PORTION OF THE TOWN (NOW CllY) OF FRESNO INI SCALE: 1' • 80' .DEW. SCALE: 1"=20' PROJ. 10. ---- FUND NO.--- ORG. NO. DR. BY: B. GIANNETTA CH BY: DATE: SCALE: AS NOTED 8/22/14 SHEET NO. 1 OF 1 SHEET 15-A- Exhibit "E" That portion of the Alley, lying within Block 88 of the Town (now City) of Fresno, recorded in Volume 1 of Plats, Page 2, Fresno County Records, described as follows: BEGINNING at the Westerly corner of Lot 7 of said Block 88; thence Southeasterly along the Southwesterly line of Lots 7 through 16, inclusive, of said Block 88, said Southwesterly line also being the Northeasterly line of said Alley, a distance of 250.00 feet to the Southerly corner of Lot 16 of said Block 88; thence Southwesterly along the Northwesterly line of the Stanislaus Street right-of-way, a distance of 20.00 feet to the Easterly corner of Lot 17 of said Block 88; thence Northwesterly along the Northeasterly line of Lots 17 through 26, inclusive, of said Block 88, said Northeasterly line also being the Southwesterly line of said Alley right-of-way; thence Northeasterly, a distance of 20.00 feet to the Point of Beginning. REF. & REV. FILE NO. C-13-137 IT 6060 EXHIBIT "F" HATCHED AREA TO BE VACATED AS A PUBUC ALLEY AND RESERVED AS A PUBLIC UTILITY EASEMENT AREA = 5,000± SQ. FT. INI SCALE: 1' -eo• """ IIIII -..... ---: eo 40 o eo '~ CITY OF FRESNO A PORTION OF THE TOWN (NOW CITY) OF FRESNO '~ '~ ~~~ .. · '~ ' i~~ PREPARED BY: GIRf GIANNETTA 1119 "S" STREET FRESNO, CA. 93721 (559) 264-3590 PROJ. 10. ---- FUND NO.--- ORG. NO. '~ ' 8/22/14 DR. BY: B. GIANNETTA CH BY: SHEET NO. 1 OF 1 SHEET 15-A-DATE: SCALE: AS NOTED City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-402,Version:1 REPORT TO THE CITY COUNCIL October 2, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:DAVID CISNEROS, Manager, Special Projects Public Works Department, Traffic and Engineering Services Division SUBJECT Approve Agreement for Transfer of Drainage Facilities from City of Fresno to Fresno Metropolitan Flood Control District along Kings Canyon Road (former State Route 180) (Council District 5) RECOMMENDATION Approve an Agreement to transfer certain drainage facilities from the City of Fresno to the Fresno Metropolitan Flood Control District and authorize the Public Works Director or his designee to sign on behalf of the City. EXECUTIVE SUMMARY Under the terms of an Agreement for State Route 180,drainage improvements were made by Caltrans on Kings Canyon Road.Upon completion of the improvements and relinquishment of former State Route 180,Caltrans transferred ownership to the City.Under a separate agreement the Fresno Metropolitan Flood Control District (FMFCD)is obligated to maintain the urban drainage system as it exists within a portion of Kings Canyon Road.FMFCD has requested that the City transfer the facilities to them so they can legally maintain the urban drainage system as required by their agreement with Caltrans. BACKGROUND On August 12,1968,the City entered into a Cooperative Agreement with the State of California for relinquishment of that portion of State Route 180 (Kings Canyon Road)from Chestnut Avenue to Clovis Avenue.Upon completion of Freeway 180,roadway and other infrastructure improvements were completed and on January 27,2005 the City entered into a Cooperative Agreement transferring ownership of Kings Canyon Road from the State to the City.The transfer also included ownership of City of Fresno Printed on 9/26/2014Page 1 of 2 powered by Legistar™ File #:ID#14-402,Version:1 ownership of Kings Canyon Road from the State to the City.The transfer also included ownership of the urban drainage facilities. In order for FMFCD to meet their legal obligation,to maintain the drainage system,ownership of the urban drainage facilities that exist in Kings Canyon Road must be transferred from the City to FMFCD. The City Attorney’s Office has reviewed the Agreement and approved 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 Not applicable because this is not a competitive bid.This is a transfer to facilitate maintenance obligations. FISCAL IMPACT Approval of the attached Agreement will have no impact on the General Fund. Attachment: Agreement of Transfer of Drainage Facilities City of Fresno Printed on 9/26/2014Page 2 of 2 powered by Legistar™ AGREEMENT FOR TRANSFER OF DRAINAGE FACILITIES AGREEMENT No. 1701(G)-Y/Z THIS AGREEMENT FOR TRANSFER OF DRAINAGE FACILITIES ("Agreement"), is made and entered into this of _____ , 2014, by and between FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, a California public agency (the "District"), and the CITY OF FRESNO, a California municipal corporation ("City"). WHEREAS, District has adopted and is responsible for implementing its Storm Drainage and Flood Control Master Plan ("Master Plan"); and WHEREAS, District entered into a cooperative drainage agreement with the State of California ("State") for construction and maintenance of drainage facilities ("Drainage Facilities") in Kings Canyon Road, formerly State Highway Route 180, as depicted in Exhibit No. 1, attached hereto and incorporated herein by this reference; and WHEREAS, the City entered into a cooperative agreement with the State for relinquishment to the City of that portion of State Highway Route 180 from Chestnut Avenue to Clovis Avenue, inclusive of that portion of Drainage Facilities identified in Agreement 6-Fre-180, dated August 12, 1968, (State/District Agreement) as facilities within the right of way to be maintained by State ("State Maintained Facilities"); and WHEREAS, City desires to transfer ownership of the State Maintained Facilities to the District for perpetual operation and maintenance; and WHEREAS, District possesses the legal authority to accept ownership of and operational liability for the State Maintained Facilities pursuant to its cooperative agreement with the State. k:lall agreements\1 a-public agency agrmtslcity of fresno\ 1701 lagrmt1701 (g)-y-z trans facilities to city(mail 7-22-14.docx NOW, THEREFORE, in consideration of the recitals set forth above, which are incorporated herein by this reference, and the mutual covenants and undertakings set forth herein, the mutual receipt and sufficiency of which is hereby acknowledged, District and City agree as follows: 1. Inspection of Drainage Facilities. District may, but is not so required to, inspect the State Maintained Facilities that are to be transferred herein and shall accept the State Maintained Facilities for transfer in their current condition. 2. Transfer of Ownership. Upon execution of this Agreement, City shall and hereby does transfer to District ownership of the State Maintained Facilities for perpetual operation and maintenance by District. IN WITNESS WHEREOF, the parties hereto have caused this Agreement as of the day and year first above written. "City" CITY OF FRESNO A Municipal Corporation By: ____________ _ Scott Mozier, Public Works Director Approved as to form : City Attorney By: ____________ _ Tracy N. Parvanian , Deputy ATTEST: City Clerk By: ____________ _ Deputy 2 "District" FRESNO METROPOLITAN FLOOD CONTROL DISTRICT By:. ___________ _ Alan Hofmann, General Manager Approved as to form: Baker Manock & Jensen, PC By:. ____________ _ Ken Price, District's Counsel k:lall agreements\1 a-public agency agrmtslcity of fresno\1701\agrmt1701 (g)-y-z trans facilities to city( mail 7-22-14.docx 24 NOTE: THIS MAP IS SCHEMATIC DISTANCES ARE APPROXIMATE. _j H I MONO AVE ~ I II I L--'l r _1,, ---co >~ ~ 1 ~~ T-r ... fij __5 + I L j ac: I' _) .._ ~ 30 • .....£_ L f 30 0 -~o -o -KINGS1CANYON '/1D 24 :::, .._., -....J ,:. -.z----.......,..___._ ---4----------r----._----.L...=.;..J ~ -o II I o l ---" o o o ~ J~,~~ ;L . J f I. ~ ~ ~ I l "' I CHESTNUT AVE. TO WILLOW AVE. l_ MONO AVE ._j ~ - r --r - r I KINGS CA l YON I I I F2~ ff 42 o-0 --' D 0 _c _ -0 0 ~ Irs c:--::o( •u ~ ir"U .J Ctn,:::l ]~-I ~ 1 I r fl P c;;' 1 -lD [~ C ~ l ~ '1 w .-' ~ :t :X: I ~ u !] P? ~( f-l c,;l 1 (.) 0 1 i_j c--Ll [} f\... n ~ rfl ~ ..... ll a: 'iJ V' )] ~r 0..: ~ -r-:<( L] 0 , fJ ~ rt, c· I I WILLOW AVE. TO PEACH AVE. Q ~I 0 0 0 42 _jl 0 t------~4--~-~~-.---------~---_ __,__,._""'*'--==---~-~....111.=1-=t:~ 0 0 KINGS CANYON RD 0 0 ~ l I ~ I PEACH AVE. TO MINNEWAWA AVE. LEGEND 0--District Facilities 0--Facilities To Be Transfered -"State Maintained Facilities" EXHIBIT NO. 1 1 II= 400 I KINGS CANYON ROAD DRAINAGE FACILITIES FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Prepared by: keithr Date: 10/16/2013 Path: K:IAutocad\DWGS\OEXHIBIT\MISC\Kings Canyon Road Facilities.mxd City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-427,Version:1 REPORT TO THE CITY COUNCIL October 2, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division BY:MARK M. JOHNSON, Facilities Manager Public Works Department, Facilities Management Division L. NATHAN SANCHEZ, Project Manager Public Works Department, Facilities Management Division SUBJECT Actions pertaining to the City Hall Annex Reroof Project (Council District 3) 1.Adopt finding of a Categorical Exemption per staff determination,pursuant to Section 15301(d) of the California Environmental Quality Act (CEQA) Guidelines 2.Award a construction contract to Roof Systems,Inc.dba Nations Roof West of Fresno, California in the amount of $282,182 for the City Hall Annex Roof Project (Bid File 3282) RECOMMENDATION Staff recommends that City Council adopt finding of a Categorical Exemption,pursuant to section 15301(d)of the CEQA Guidelines and award a construction contract to Roof Systems,Inc.,dba Nations Roof West of Fresno,California for the City Hall Annex Reroof Project (Project)and authorizes the Public Works Director or his designee to sign the contract on behalf of the City. EXECUTIVE SUMMARY Construction plans and specification for the Project were prepared by T.Brooks and Associates of Clovis,California.Staff proposes to remove the existing roof system and install a new roofing system.Funding for this project is included in the FY15 budget.City Council approved the funding for this project on December 15,2011 as part of the insurance proceeds from the 2021 South Peach Avenue (USDA Building) fire insurance proceeds. City of Fresno Printed on 9/25/2014Page 1 of 2 powered by Legistar™ File #:ID#14-427,Version:1 BACKGROUND Over the last several years,the roof has experienced chronic leaks that resulted in repairs and damage to the interior.The City Hall Annex roof is at the end of its serviceable life and needs to be replaced. The project is proposing to remove the existing roofing system, related flashing elements, asbestos- containing materials, specific mechanical equipment, and skylights. Installation of new asphalt roofing system over layer of gypsum covered board with a 15-year manufacturer warranty. Plans and specifications were prepared and a Notice Inviting Bids was published in the Business Journal on July 25,2014,posted on the City’s website,and faxed to ten (10)building exchanges. The specifications and plans were distributed to seventeen (17)prospective bidders.Six (6)sealed bids were received and opened in a public bid opening on August 26,2014.Nations Roof West bid $282,182 is considered the lowest responsive and responsible bidder.The lowest bid received by the City is 3% below the Engineer's Estimate. The bids range from $282,182 to $403,110. Staff recommends the Council approve a Construction Contract in the Amount of $282,182 to Nations Roof West,for the Construction of the City Hall Annex Reroof.The project will be completed within 32 working days from the date of the Notice to Proceed. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this Project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(d)(Existing Facilities).This exemption applies because this Project involves the rehabilitation of a deteriorated structure.Staff determined under the CEQA Guidelines this Project fits within the definition of existing facilities in 15301(d)Class 1,as Categorically Exempt from further CEQA review. Furthermore,Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this Project. LOCAL PREFERENCE Local preference did not come into play as the apparent low bidder,Nations Roof West,is located in Fresno, California. FISCAL IMPACT There will be no impact to the General Fund.City Council approved the funding for this project on December 15,2011 as part of the insurance proceeds from the 2021 South Peach Avenue (USDA Building) fire insurance proceeds. The project is located in Council District 3. Attachment: Bid Evaluation City of Fresno Printed on 9/25/2014Page 2 of 2 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-443,Version:1 REPORT TO THE CITY COUNCIL October 2, 2014 FROM:BRUCE RUDD, City Manager SUBJECT Approve a consultant services agreement with Barrett Sports Group, LLC RECOMMENDATION It is recommended that Council approve the attached consultant services agreement with Barrett Sports Group, LLC. EXECUTIVE SUMMARY The City is interested in retaining an independent,objective consultant to provide ongoing negotiation support and strategic advice in connection with the Fresno Grizzlies and Chukchansi Park.Barrett Sports Group,LLC (BSG)provides strategic management consulting services to the sports and entertainment industry.Pursuant to the attached agreement,BSG will provide ongoing consulting services to the City in key areas related to the Grizzlies and the stadium.BSG will assist the City as needed to develop an overall negotiation strategy,and advise on deal structure including identification of key issues and concerns.BSG will also assist the City in evaluating the financial impacts of negotiating terms as well as pros and cons of various alternative approaches.BSG will bill the City at an hourly rate for these services.In addition,BSG is also attempting to identify a qualified buyer for the Fresno Grizzlies, for which they will be paid a “finder’s fee.” BACKGROUND The City originally retained BSG in 2009 to conduct due diligence and to negotiate an amended lease agreement with the Fresno Baseball Club (Fresno Grizzlies).BSG is a premier professional consulting service which provides expert services related to the sports and entertainment industries. Because BSG conducted all of the due diligence and negotiated the existing amended lease agreement,the City desires to continue its relationship with BSG to assist the City in reviewing the current lease structure. ENVIRONMENTAL FINDINGS City of Fresno Printed on 9/26/2014Page 1 of 2 powered by Legistar™ File #:ID#14-443,Version:1 This is not a project for CEQA purposes. LOCAL PREFERENCE N/A FISCAL IMPACT Hourly fees will be paid by the General Fund;commission,if any,will be paid from proceeds.In addition,should BSG be successful in identifying a buyer for the team,the City will be reimbursed for the hourly fees paid out of the finder’s fee paid to BSG. Attachment:Letter Agreement City of Fresno Printed on 9/26/2014Page 2 of 2 powered by Legistar™ 1219 Morningside Drive, Suite 101 | Manhattan Beach, CA 90266 | (310) 802-8775 T | (310) 802-8777 F September 26, 2014 Bruce Rudd City Manager City of Fresno 2600 Fresno Street Fresno, CA 93721 Dear Mr. Rudd: Barrett Sports Group, LLC (BSG) is pleased to submit this engagement letter to continue to provide ongoing consulting services to the City of Fresno (“City”). It is our understanding that the City is interested in retaining an independent, objective consultant to provide ongoing negotiation support and strategic advisory services in connection with the Fresno Grizzlies (“Grizzlies”) and Chukchansi Park (“Chukchansi”). The Effective Date of this engagement letter is July 31, 2014. SCOPE OF SERVICES The following scope of services below summarizes some of the potential areas that may be addressed during the course of our engagement. We would expect to work closely with you to refine the scope of services to best meet your needs in the most efficient and cost effective manner. Below is a list of potential areas that we could assist you with. 1) Assist in Developing Overall Negotiation Strategy a. Financial Considerations b. Political Considerations c. Timing Considerations 2) Provide Support Services a. General Strategic Support b. Deal Structure Advisory c. Participate in Negotiations d. Identify Issues and Concerns e. Evaluate Financial Impacts of Key Negotiating Terms f. Consideration of Alternative Approaches 3) Provide Document Support Services (if needed) a. Letter of Intent/Memorandum of Understanding b. Definitive Agreements c. Other BUSINESS ARRANGEMENTS Mr. Bruce Rudd September 26, 2014 Page 2 Our professional fees shall be billed at our standard hourly rates, plus reimbursement of expenses incurred including travel and subsistence of our staff, telephone, internet, copies, postage, publications, supplies, subcontractors, specialized reports, maps, and econometric models. For consulting services such as these, our current standard rates are as follows: Barrett Sports Group, LLC Personnel Rates Daniel S. Barrett $450 Joshua C. Cohen $250 Brett D. Rasmussen $150 Administrative $50 In addition to the payment of BSG’s professional fees as described above, if BSG identifies or is the procuring force of a purchaser of the Grizzlies, or, in the reasonable judgment of the City Manager, is otherwise demonstrably instrumental in causing a sale of the equity interests in or assets comprising the Grizzlies (e.g. by acting as an intermediary between seller and purchaser of by structuring and negotiating a transaction acceptable to seller, purchaser, the City, the Pacific Coast League, MiLB and MLB), the City shall pay to BSG, within ten (10) days after the closing of any such transaction on or before October 1, 2015, or at a later date as mutually agreed to by the parties if a transaction is in process at that date, without offset or deduction of any kind (except as noted below), a “Finder’s Fee” in an amount equal to 3.5% of the gross transaction amount as evidenced by the documents implementing such purchase and sale transaction. Upon payment of the Finder’s Fee to BSG, BSG shall reimburse the City for BSG’s professional fees as described above paid from the Effective Date of this amendment (July 31, 2014) through the date the Finder’s Fee is paid to BSG. BSG understands that the City will include in its agreement(s) with the Grizzlies and its owners a provision requiring the Grizzlies and its owners, as a condition to performance of the City’s obligations in connection with any sale of the equity interests in or assets comprising the Grizzlies, including but not limited to an amended stadium sublease agreement for the Grizzlies, to pay BSG’s Finder’s Fee. Our statements will be rendered monthly and payment in full will be due within thirty (30) days after receipt of each such statement. Amounts not paid within thirty (30) days accrue an interest charge of one percent (1%) per month. We greatly appreciate the opportunity to be of service and assistance to you in this very exciting project. If you have any questions or comments, please contact Daniel S. Barrett at (310) 802- 8775. Sincerely, Barrett Sports Group, LLC BY: Daniel S. Barrett, Member Mr. Bruce Rudd September 26, 2014 Page 3 Daniel S. Barrett TITLE: Principal DATE: September 26, 2014 CONFIRMED AND ACCEPTED: City of Fresno BY: Mr. Bruce Rudd TITLE: DATE: City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-386,Version:1 REPORT TO THE CITY COUNCIL October 2, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:SCOTT W. KRAUTER, PE, Assistant Director Public Works Department, Street Maintenance Division BY:AARON A. AGUIRRE, Public Works Manager Public Works Department, Street Maintenance Division SUBJECT Approve a Requirements Contract with Elite Maintenance and Tree Service, Inc. in the amount of $585,162 to provide monthly landscape maintenance service in selected Community Facility Districts and Landscape and Lighting Maintenance Districts RECOMMENDATION Staff recommends an approval of a Requirements Contract with Elite Maintenance and Tree Service, Inc.(“EMTS”)of Fresno,CA in the amount of $585,162 to maintain existing Community Facility Districts (“CFD”)and Landscape and Lighting Maintenance Districts (“LLMD”)landscapes in selected areas throughout the City of Fresno (“City”). EXECUTIVE SUMMARY The City solicited proposals for professional landscape maintenance services covering the CFD and LLMD landscapes located in selected areas of northeast,northwest and southwest Fresno.The scope of work consists of maintaining approximately 5,780,439 square feet of existing,mature landscaped buffers that are currently managed by a combination of City crews and a contracted vendor.This contract shall be in effect for five (5)years from the date of the Notice to Proceed and may be extended, at the City’s sole discretion, for three (3) one-year increments. Currently the CFD landscapes are maintained every 60 days and the LLMD landscapes are maintained every 120 days.With this new contract,all landscapes will receive an increased level of service by reducing the targeted cycle times in half to 30 days for CFD’s and 60 days for LLMD’s. City of Fresno Printed on 9/25/2014Page 1 of 3 powered by Legistar™ File #:ID#14-386,Version:1 BACKGROUND The landscape maintenance contract provides for routine maintenance in various CFD and LLMD landscapes located within designated areas of northeast,northwest and southwest Fresno (see attached map).These landscapes are trees and shrubs that typically require weeding,clearance trimming and debris removal (does not include turf). The City is currently operating under a requirements contract to maintain approximately 1,500,000 square feet of CFD landscapes in the northwest and northeast areas on a minimum 60 day cycle. Over the past 3 years,the CFD tract-by-tractaccounting system indicates that collected assessments will allow a higher level of service in most CFD landscapes.In addition to the enhancements in the CFD programs,the LLMD landscapes will also see a significant enhancement under this contract by again reducing their service levels from 120 days to 60-day service intervals.Not all CFD and LLMD’s are included in this contract.The landscapes not under this contract will be maintained with City forces,but should also have the same service level increase to 30 days in CFDs and 60 days in LLMDs.The awarding of this contract will not result in a single City of Fresno employee being displaced or relocated to another department within the City. A Request for Proposal (“RFP”)was advertised and resulted in submissions from four proposers.Of the four proposers,EMTS submitted a proposal in the amount of $585,162 for routine monthly landscape maintenance services.This proposer conformed to all the RFP requirements and was determined to be the most capable of meeting all requirements of the City’s published specifications. The Evaluation Committee was comprised of staff from the Public Works Department and the Parks, Afterschool and Community Services Department.The Committee evaluated the proposal based on the following criteria:Conformance to the terms and conditions of the RFP,ability to meet the stated service requirements,past performance and experience,financial stability and cost of service.The committee selected EMTS as the vendor who offers the best overall value to the City and meets all the criteria as specified in the RFP.The attached Bid Evaluation provides more detail on the received proposals and the selection process. It should be noted that the RFP was advertised without prevailing wage requirements.The previous landscape maintenance requirements contract did not include prevailing wage requirements.During the proposal evaluation period for this new contract,the City Attorney’s Office recommended that prevailing wage requirements be included as part of this contract.So,the prevailing wage requirements were negotiated through the addendum process with EMTS after selection.EMTS agreed that prevailing wage requirements for routine landscape labor will not result in a price increase to their original bid proposal prices. ENVIRONMENTAL FINDINGS Routine landscape maintenance is not defined as a project under the California Environmental Quality Act and does not require an environmental finding. LOCAL PREFERENCE The local preference did not impact the vendor selection of this services contract,as all four landscape vendors who submitted proposals do have a local service office as defined in section 4-City of Fresno Printed on 9/25/2014Page 2 of 3 powered by Legistar™ File #:ID#14-386,Version:1 landscape vendors who submitted proposals do have a local service office as defined in section 4- 108 of the Fresno Municipal Code. FISCAL IMPACT This contract was anticipated and funds were included in the FY 2015 CFD and LLMD budgets. Attachments: Monthly Landscape Service Locations (1 page) 9271 Committee Report (3 pages) City of Fresno Printed on 9/25/2014Page 3 of 3 powered by Legistar™ C5258 C5290 C4570 D5503 D5232 C4677 C5262 C5196 C4760 C5235 C5127 L4606 L3590 C5377 L3748 L4377 C4598 C5228 C4188 L3542 C5014 JENSEN AVE TEMPERANCE AVEBELMONT AVE PEACH AVECLOVIS AVEKINGS CANYON RD FOWLER AVECHESTNUT AVEBUTLER AVE MINNEWAWA AVEC A L IF O R N IA A V E F A N C HER CREEKDR CALIFORNIA AVE MAPLE AVETULARE ST ARMSTRONG AVEBUTLER AVE WILLOW AVELANE AVE CHURCH AVE HAMILTON AVE SUNNYSIDEAVEMINNEWAW AAV EWILLOW AVEMINNEWAWA AVECHURCH AVE TULARE ST ARMSTRONG AVECHURCH AVE Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Ü C5102 C4884 C4759 C4833 L4432 L3710 C4565 L4190 L4261 C4741 L4125 C5007 C4742 C4514 C4431 C4911 L3970 C4738 C4844 D5553 L4117 L4104 L4237 C4736 C4788 L4112 L4540 L3656 L4594 L4223 L3913 L4362 L4045 L4405 L4191 L3274 L4071 L3819 C4702 L3966 L4008 D5966 C4868 L4034 L3817 L3818 L4198 L3976 L3566 L4026 C4979 L3351 L4049 L4352 L4335 L4212 C4903 C5173 L4528 D5997 L3815 L4159 L4461 L3802 C4931 L3261 L4601 C4690 C5099 C4607FRIANT RDNEES AVE WILLOW AVESHEPHERD AVE CEDAR AVECOPPER AVE FIRST STC H E S T NUT AVEFRESNO STC H A MPL A I N D R MAPLE AVEFRIANTRD SO M MERVILLE D R BLACKSTONE AVEBEHYMER AVE AUD U B O N D R BEHYMER AVE MAPLEAVEP E RRIN AVE TEAGUE AVEMILLBROOK AVEALLUVIAL AVECOLE AVE INTERNATIONAL AVE CHESTNUTAVEFORTWASHINGTONRDAUDUBON DR GRANVILLE AVEBEHYMER AVECEDAR AVEOLYMPIC DR EL PASO AVE MINARETS AVE MILLBROOKAV E ALLUVIAL AVE CHESTNUT AVEWILLOW AVECOPPER AVE FRIA NT R D Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community L4127 L3876 C5141 C4866 L4186 C4818 L4664 L4148 C4776 L4421 L3999 C5098 L4213 L4173 C4768 L3994 L4534 L4142 C4567 C4358 L4229 C4737 C4346 L4208 L4145 C4920 C4561 D5555 C4314 L4300 L4474 C4357 L4380 C4961 C5070 C4831 C4582 C4852 L3903 L4251 C4749 C4933 C4945 C4947 L4269 L4312 HERNDON AVE BULLARD AVE FI G A R D E N D RMILBURN AVESA N T A F E A V E R I V E R S I D E D R BRAWLEY AVEVETERANS BLVDCARNEGIE AVEBRAWLEY AVEVETERANS BLVDPOLK AVEDANTE AVE SPRUCE AVE G O L D E N S T A T E B L V D ALLUVIAL AVE RIVERVISTA DR HAYESAVE GATES AVEC E CELI AAVEBARSTOW AVE ESCALON AVE SAN JOSEAVE PALO ALTO AVE BRYAN AVESIERRA AVE JE A N N E A V E BULLARD AVE BLYTHE AVEBRAWLEY AVEMILBURN AVESP R UCEAVE BULLARD AVE PALO ALTO AVE Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Date: 9/12/2014 Monthly Landscape Service Legend Contract Landscapes Section I - Base Bid Locations (30 Day) Section II - Add Alternate Locations (60 day) Southeast Northwest Northeast REPORT FROM EVALUATION COMMITTEE REQUEST FOR PROPOSAL FOR MONTHLY LANDSCAPE SERVICES - RFP NO. 9271 COMMITTEE MEMBERS:  Diana Reynolds, Buyer II/Facilitator, City of Fresno, Finance Department– Purchasing  Gary Watahira, Purchasing Manager, City of Fresno, Finance Department-Purchasing  Scott Krauter, Assistant Director of Public Works, Public works/Street Maintenance  Aaron Aguirre, Public Works Manager, Public works/Street Maintenance  Tony Hernandez , Parks Manager, City of Fresno, Department of Parks, Recreations & Community Services/Parks Planned Maintenance BACKGROUND The goal of this Request for Proposal (RFP) was to solicit proposals to provide professional monthly landscape services. The operator will be responsible for maintaining various areas through the City of Fresno on a monthly basis. Proposals were submitted by the four vendors according to the Request for Proposal June 3, 2014 deadline. Below is a summary of Proposals submitted by the four vendors: Vendor $ Proposal Lincoln Training Center $555,543.36 Fresno Economic Opportunities Commission $974,149.00 Elite Maintenance &Tree Service Inc. $585,162.00 Mow-N-Edge Corp. $486,718.27 COMMITTEE NOTES Evaluation committee members were in agreement that all four proposers are capable of providing the City of Fresno with professional landscape services. Therefore, the selection was based on the differences in the vendors’ written proposals, and site visits. In the first committee meeting, FEOC and Mow-N-Edge were eliminated. FEOC currently maintains some areas in the City of Fresno but have had some issues in dealing with the public. Their proposal was found to be too expensive. Mow-N-Edge turned in a proposal that was incomplete and contained 2 errors in their total amounts that were submitted. The committee narrowed down their selection to two viable candidates: Elite Maintenance & Tree Service Inc. and Lincoln Training Center based on their submitted proposals. The two remaining proposers were asked to submit a list of locations that they currently service for the committee’s inspection. The locations that were selected for inspection were sites that were comparable to the City of Fresno’s sites that are listed in this RFP. A visiting team then went out to view the properties and take pictures that were later presented to the committee. Three sites were visited for Lincoln Training Center. Upon inspection, their sites had weeds and untrimmed bushes. Their employees were using non-commercial equipment. There were no transporting vehicles present. Only one individual was wearing a polo type shirt with Lincoln Training Center’s logo. Two sites were visited from Elite Maintenance & Tree Service’s list. The shrubs were trimmed and walkways cleared, the area appeared recently maintained. The company owns professional equipment. The evaluation committee met and reviewed the findings from the site visits. Each member agreed that based on the site visits, pictures and submitted proposals, Elite Maintenance & Tree Service Inc. will provide the best value for the City of Fresno. ELITE MAINTENANCE & TREE SERVICE INC. The committee unanimously agreed that Elite Maintenance & Tree Service Inc. will provide the best value to service the needs of the City of Fresno’s landscape sites professionally. This was reflected in their proposal and subsequent site visits which focused on meeting each of the Monthly Landscape Services RFP criteria. The committee was impressed with their solid grasp of the needs of the City of Fresno and their general manager Jamie Rust. Their references were checked and found to be satisfactory. LINCOLN TRAINING CENTER AND REHABILITATION WORKSHOP Lincoln Training Center is headquarted in South El Monte, California. They have 19 years of experience in landscaping including experience in janitorial services. Their proposal had a great landscape maintenance service plan but most of their experience seems to be in the janitorial area. They didn’t appear to have the ability to meet the demands required of the City of Fresno even though their proposal reflects that they met the RFP criteria. Their references were checked and found to be satisfactory. FRESNO ECONOMIC OPPORTUNITIES COMMISSION The FEOC has provided the City of Fresno with landscape maintenance service for 10+ years with their Local Conservation Corps (LCC) work crews. The committee felt that although the FEOC would definitely be able to perform the requirements of this RFP satisfactorily, their pricing was extremely high. The City of Fresno has had issues in the past with their work crews dealing with the general public, which was reported to the FEOC. Their references were checked and found to be satisfactory. 3 MOW-N-EDGE CORPORATION Mow-N-Edge turned in a very unorganized proposal. It lacked detail regarding their company and appeared incomplete in some areas. Their references were checked and found to be satisfactory. RECOMMENDATION: The committee unanimously agrees and reconfirms their findings that Elite Maintenance & Tree Service Inc. will be able to provide the most effective and efficient professional Monthly Landscape Services as well as the best value based on their proposal and site visits. Therefore, the committee recommends that Elite Maintenance & Tree Service Inc. be awarded the Monthly Landscape Services contract. City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-392,Version:1 REPORT TO THE CITY COUNCIL October 2, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department BY:JOHN ROBERTSON, Interim Manager Housing and Community Development Division SUBJECT Approve a State of California Lead Poisoning Prevention Program Agreement in the amount of $436,470 with the County of Fresno for three years for lead hazard assistance and outreach RECOMMENDATION Staff recommends the City Council approve a State of California Childhood Lead Poisoning Prevention Program (CLPPP)Agreement in the amount of $436,470 with the County of Fresno for three years, for lead hazard assistance and outreach. EXECUTIVE SUMMARY The CLPPP grant is funded through the County of Fresno’s Department of Public Health.If approved as recommended funds will be used by the City to remediate and prevent childhood lead poisoning. BACKGROUND The CLPPP grant’s purpose is to eliminate childhood lead poisoning by identifying and caring for lead burdened children by providing a healthy,lead-safe environment.Fresno County receives the programmatic funds from the California Department of Public Health.The County partners with the City to address cases of lead poisoning and prevention within the City in geographic areas where children have been tested positive with high lead blood level concentrations and in housing units where a child with an elevated lead level has been identified. The City Attorney has reviewed and approved the agreement as to form. ENVIRONMENTAL FINDINGS Environmental findings are not applicable to this agreement.The lead agency is responsible for environmental findings based upon Section 15367 of the California Environmental Quality Act Guidelines.The agreement does not require the City to act as lead agency or to conduct a California Environmental Quality Assessment. City of Fresno Printed on 9/25/2014Page 1 of 2 powered by Legistar™ File #:ID#14-392,Version:1 LOCAL PREFERENCE N/A due to State funding. FISCAL IMPACT This is a State of California funding source and the General Fund is not impacted. Attachment:CLPPP Agreement 2014 2017 City of Fresno Printed on 9/25/2014Page 2 of 2 powered by Legistar™ AGREEMENT 1 2 THIS AGREEMENT is made and entered into this ___ day of ______ __, 2014, 3 by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, 4 hereinafter referred to as "COUNTY", and City of Fresno, a municipal corporation, acting through its 5 Housing & Community Development Division, whose address is 2600 Fresno Street, Fresno, 6 California 93721, hereinafter referred to as "CONTRACTOR". 7 W I T N E S S E T H: 8 WHEREAS, COUNTY, through its Department of Public Health, desires to partner with the 9 CONTRACTOR as an administrator of the State of California funded Childhood Lead Poisoning 10 Prevention Program (CLPPP) to provide services to the community for the purpose of increasing 11 awareness regarding the hazards of lead exposure, reducing lead exposure, increasing the number of 12 children assessed and appropriately blood tested for lead poisoning; and 13 WHEREAS, CONTRACTOR, in accordance with, and in pursuit of, the CLPPP goals 14 contained in California Statutes Related to Childhood Lead Poisoning Prevention, the California 15 Childhood Lead Poisoning Prevention Acts of 1986 and 1989 (California Health & Safety Code 16 124125 to 124165), the Childhood Lead Poisoning Prevention Act of 1991(California Health & 17 Safety Code 105275 to 105310), the Lead-Safe Housing and Lead Hazards rules under California 18 Civil Code 1942.3, California Health & Safety Code 17920.10, 17961 , 17980, 105250 to 105257, 19 124130, and the Lead-Related Activities in Construction Work rules under California Labor Code 20 6716 to 6717 desires to eliminate childhood lead poisoning by partnering with the COUNTY in 21 identifying and caring for lead burdened children and preventing environmental exposures to lead by 22 providing a healthy, lead-safe environment where all children can achieve their full potential; and 23 WHEREAS, the COUNTY'S CLPPP offers home visitation, environmental home inspections 24 and nutritional assessments to families of children found to be lead-poisoned; provides telephone 25 contacts and educational materials to families of lead-poisoned and lead exposed children and 26 provides information and education to the general public, medical providers and community-based 27 organizations about lead hazards; and 28 WHEREAS, CONTRACTOR, through its Housing & Community Development Division shall -1 -COUNTY 0 1: I,.RESNO Fresno, Ci\ 1 provide the services, and/or comparable services, identified in the Work Plan as attached here to as 2 Exhibit A and incorporated herein ("Services"), and is fully competent, authorized, and able to enter 3 into this Agreement and perform the Services, holding any and all legally required licenses, permits 4 and/or approvals, or has the capacity to sub-contract with licensed contractors to perform the Services; 5 and 6 WHEREAS, CONTRACTOR, does and shall provide such Services on a contract basis, as an 7 independent contractor, possessed of and exercising the complete right to control the means of 8 accomplishing said Services; and 9 WHEREAS, CONTRACTOR, has the facilities, equipment and personnel skilled in the 1 0 provision of such Services; and 11 WHEREAS, CONTRACTOR, is qualified and is willing to provide such Services, pursuant to 12 the terms and conditions of this Agreement; and 13 WHEREAS, performance of the Services by CONTRACTOR, will be ofbenefit to the 14 COUNTY and the CONTRACTOR, and is in the public interest. 15 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties 16 hereto agree as follows: 17 1. CONTRACTOR'S RESPONSIBILITIES 18 Implement a program to reduce the opportunity for children being exposed to 19 environmental lead hazards, by investigating locations where children have been exposed or have been 20 exposed in the past, and responding as necessary with appropriate actions, including but not limited to 21 inspections, assessments, education and remediation in conjunction with the City of Fresno's Lead 22 Hazard Control Program as identified in Exhibit A: Work Plan, attached hereto and by this reference 23 incorporated herein. 24 2. TERM 25 This Agreement shall become effective on the 1ST day of July, 2014 and shall terminate 26 on the 30 day of June, 2017. 27 Ill 28 Ill - 2 -COUNT Y OF 1:RESNO Fresno, CA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 3. TERMINATION A. Non-Allocation of Funds -The terms of this Agreement, and the services to be provided thereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated at any time by giving CONTRACTOR thirty (30) days advance written notice. B. Breach of Contract -COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of COUNTY there is: 1) An illegal or improper use of funds; 2) A failure to comply with any term of this Agreement; 3) A substantially incorrect or incomplete report submitted to COUNTY; 4) Improperly performed service. In no event shall any payment by COUNTY constitute a waiver by COUNTY of any breach ofthis Agreement or any default which may then exist on the part of CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR shall promptly refund any such funds upon demand or, at COUNTY's option, such repayment shall be deducted from future payments owing to CONTRACTOR under this Agreement. C. Without Cause -Under circumstances other than those set forth above, this Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an intention to terminate to CONTRACTOR. 4. COMPENSATION 24 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive 25 compensation for Services performed, as described in Section One (1), herein, and Exhibit A, attached 26 hereto, and itemized in Exhibit B "FY 2014-2017 Budgets", ofthis Agreement, attached hereto and 27 incorporated herein by this reference. For the period of July 1, 2014 through June 30,2015, in no 28 event shall actual Services performed under this Agreement be in excess of One Hundred Forty-Five -3 -COUNT Y O F FRI~SNO Fresno, CA 1 Thousand Four Hundred Ninety and No/100 Dollars ($145,490.00). For the period of July 1, 2015 2 through June 30, 2016, in no event shall actual Services performed under this Agreement be in excess 3 of One Hundred Forty-Five Thousand Four Hundred Ninety and No/100 Dollars ($145,490.00). For 4 the period of July 1, 2016 through June 30, 2017, in no event shall actual Services performed under 5 this Agreement be in excess of One Hundred Forty-Five Thousand Four Hundred Ninety and No/100 6 Dollars ($145,490.00). It is understood that all expenses incidental to CONTRACTOR's performance 7 of actual Services under this Agreement shall be borne by CONTRACTOR. Compensation shall be 8 paid on the basis of the CONTRACTOR satisfactorily performing all Services noted in Exhibit A. 9 The COUNTY's CLPPP shall meet with and review the CONTRACTOR's progress of the Work Plan 10 on a monthly basis or at a minimum quarterly to ensure CONTRACTOR's satisfactory performance. 11 Payments by COUNTY shall be in arrears, for services provided during the preceding 12 month, within fo rty-five (45) days after receipt and verification of CONTRACTOR's invoices by 13 COUNTY's Department of Public Health. If CONTRACTOR should fail to comply with any 14 provision of this Agreement, COUNTY upon written notice as provided in section 3 above, shall be 15 relieved of its obligation for further compensation. 16 5. INVOICING 17 CONTRACTOR shall invoice COUNTY monthly, in duplicate, addressed to the County 18 of Fresno, Department ofPublic Health, Children's Medical Services, P.O. Box. 11 867, Fresno, CA 19 93775, Attention: CMS Fiscal Unit. 20 6. INDEPENDENT CONTRACTOR 21 In performance of the work, duties, and obligations assumed by CONTRACTOR under 22 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of 23 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an 24 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, 25 employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have 26 no right to control or supervise or direct the manner or method by which CONTRACTOR shall 27 perform its work and function. However, COUNTY shall retain the right to administer this 28 Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the -4 -COUNTY CW FRI•:SNO Frc~no, Ci\ 1 terms and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable 2 provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction 3 over matters which are directly or indirectly the subject of this Agreement. 4 Because of its status as an independent contractor, CONTRACTOR shall have 5 absolutely no right to employment rights and benefits available to COUNTY employees. 6 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees 7 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and 8 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees, 9 including compliance with Social Security, withholding, and all other regulations governing such 10 matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be 11 providing services to others unrelated to the COUNTY or to this Agreement. 12 7. MODIFICATION 13 Any matters of this Agreement may be modified from time to time by the written 14 consent of all the parties without, in any way, affecting the remainder. 15 8. NON-ASSIGNMENT 16 Neither party shall assign, transfer or subcontract this Agreement nor their rights or 17 duties under this Agreement without the prior written consent of the other party. 18 9. INDEMNIFICATION 19 CONTRACTOR shall indemnify, hold harmless and defend COUNTY and each 20 of its officers, officials, employees, agents and authorized volunteers from any and all loss, liability, 21 fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including 22 but not limited to personal injury, death at any time and property damage) incurred by the COUNTY, 23 CONTRACTOR or any other person, and from any and all claims, demands and actions in law or 24 equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or 25 indirectly from the negligent or intentional acts or omissions, or willful misconduct of 26 CONTRACTOR or any of its officers, officials, employees, agents or authorized volunteers in the 27 performance of this Agreement; provided nothing herein shall constitute a waiver by CONTRACTOR 28 of governmental immunities including California Government Code Section 810 et seq. - 5 -COUNTY 0 1: FIU ·:SNO Fresno, C:i\ 1 In the event of concurrent negligence on the part of COUNTY or any of its 2 officers, officials, employees, agents or authorized volunteers, and CONTRACTOR or any of its 3 officers, officials, employees, agents or authorized volunteers, the liability for any and all such claims, 4 demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages 5 shall be apportioned under the State of California's theory of comparative negligence as presently 6 established or as may be modified hereafter. 7 This section shall survive termination or expiration of this Agreement. 8 10. INSURANCE 9 Without limiting the indemnification of each party as stated in Section 9 10 above, it is understood and agreed that COUNTY and CONTRACTOR shall each maintain, at their 11 sole expense, insurance policies or self-insurance programs including, but not limited to, an insurance 12 pooling arrangement and/or Joint Powers Agreement to fund their respective liabilities throughout the 13 term of this Agreement. Coverage shall be provided for general liability, automobile liability, and 14 workers' compensation exposure. Evidence of Insurance, e.g., Certificates of Insurance or other 15 similar documentation, shall not be required of either party under this Agreement. 16 11. CONFIDENTIALITY 17 All services performed by CONTRACTOR under this Agreement shall be in strict 18 conformance with all applicable Federal, State of California and/or local laws and regulations relating 19 to confidentiality. 20 12. DATA SECURITY 21 For the purpose of preventing the potential loss, misappropriation or inadvertent access, 22 viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse 23 of COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that 24 enter into a contractual relationship with the COUNTY for the purpose of providing Services under 25 this Agreement must employ adequate data security measures to protect the confidential information 26 provided to CONTRACTOR by the COUNTY, including but not limited to the fo llowing: 27 Ill 28 Ill - 6 -COU TY 0 1: FRESNO Fresno, CA 1 2 A. CONTRACTOR-Owned Mobile, Wireless, or Handheld Devices CONTRACTOR may not connect to COUNTY networks via personally-owned 3 mobile, wireless or handheld devices, unless the following conditions are met: 4 1) CONTRACTOR has received authorization by COUNTY for telecommuting purposes; 2) Current virus protection software is in place; 5 6 7 8 9 3) Mobile device has the remote wipe feature enabled; and 4) A secure connection is used. B. CONTRACTOR-Owned Computers or Computer Peripherals 10 CONTRACTOR may not bring CONTRACTOR-owned computers or computer 11 peripherals into the COUNTY for use without prior authorization from the COUNTY's Chief 12 Information Officer, and/or designee(s), including but not limited to mobile storage devices. If data is 13 approved to be transferred, data must be stored on a secure server approved by the COUNTY and 14 transferred by means of a Virtual Private Network (VPN) connection, or another type of secure 15 connection. Said data must be encrypted. 16 C. COUNTY-Owned Computer Equipment 17 CONTRACTOR or anyone having an employment relationship with the 18 COUNTY, may not use COUNTY computers or computer peripherals on non-COUNTY premises 19 without prior authorization from the COUNTY's Chieflnformation Officer, and/or designee(s). 20 D. CONTRACTOR may not store COUNTY's private, confidential or sensitive 21 data on any hard-disk drive, portable storage device, or remote storage installation unless encrypted. 22 E. CONTRACTOR shall be responsible to employ strict controls to ensure the 23 integrity and security of COUNTY's confidential information and to prevent unauthorized access, 24 viewing, use or disclosure of data maintained in computer files, program documentation, data 25 processing systems, data files and data processing equipment which stores or processes COUNTY 26 data internally and externally. 27 Ill 28 Ill -7 -COUNTY 0 1: J."RESNO Fresno, Ci\ 1 F. Confidential client information transmitted to one party by the other by means of 2 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 3 128 BIT or higher. Additionally, a password or pass phrase must be utilized. 4 G. CONTRACTOR is responsible to immediately notify COUNTY of any 5 violations, breaches or potential breaches of security related to COUNTY's confidential information, 6 data maintained in computer files, program documentation, data processing systems, data files and 7 data processing equipment which stores or processes COUNTY data internally or externally. 8 H. COUNTY shall provide oversight to CONTRACTOR's response to all incidents 9 arising from a possible breach of security related to COUNTY's confidential client information 10 provided to CONTRACTOR. CONTRACTOR will be responsible to issue any notification to 11 affected individuals as required by law or as deemed necessary by COUNTY in its sole discretion. 12 CONTRACTOR will be responsible for all costs incurred as a result of providing the required 13 notification. 14 13. NON-DISCRIMINATION 15 During the performance of this Agreement, CONTRACTOR shall not unlawfully 16 discriminate against any employee or applicant for employment, or recipient of services, because of 17 race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical 18 condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, 19 sexual orientation, or military and veteran status pursuant to all applicable State of California and 20 Federal statutes and regulation. 21 14. AUDITS AND INSPECTIONS 22 CONTRACTOR shall at any time during business hours, and as often as the COUNTY 23 may deem necessary, make available to the COUNTY for examination all of its records and data with 24 respect to the matters covered by this Agreement. CONTRACTOR shall, upon request by the 25 COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to ensure 26 CONTRACTOR's compliance with the terms of this Agreement. 27 If this Agreement exceeds Ten Thousand and No/1 00 Dollars ($1 0,000.00), 28 CONTRACTOR shall be subject to the examination and audit of the State Auditor for a period of -8 -COUNTY OF FRESNO Frc~no, Ci\ 1 three (3) years after final payment under contract (Government Code Section 8546.7). 2 15. NOTICES 3 The persons and their addresses having authority to give and receive notices under this 4 Agreement include the following: 5 6 7 8 9 10 11 COUNTY Director, County of Fresno Department of Public Health P.O. Box 11 867 Fresno, CA 93775 CONTRACTOR John Robertson, Interim Manager Development and Resource Management Housing & Community Development Division 2600 Fresno Street, Room 3070 Fresno, CA 93721 12 Any and all notices between the COUNTY and the CONTRACTOR provided for or 13 permitted under this Agreement or by law shall be in writing and shall be deemed duly served when 14 personally delivered to one of the parties, or in lieu of such personal service, when deposited in the 15 United States Mail, postage prepaid, addressed to such party. 16 16. GOVERNING LAW 17 The parties agree, that for the purposes of venue, performance under this Agreement is 18 to be in Fresno County, California. 19 The rights and obligations of the parties and all interpretation and perf01mance of this 20 Agreement shall be governed in all respects by the laws of the State of California. 21 17. SEVERABILITY 22 The provisions of this Agreement are severable. The invalidity or unenforceability of 23 any one provision in the Agreement shall not affect the other provisions. 24 18. NO THIRD PARTY BENEFICIARIES 25 Nothing expressed or implied in the terms and conditions of this Agreement is 26 intended to confer, nor shall anything herein confer, upon any person other than COUNTY, 27 CONTRACTOR and the State of California and their respective successors or assignees, any rights, 28 remedies, obligations or liabilities, whatsoever. -9 -COUNTY OF FRI•:SNO h csno, Ci\ 1 19. FORCE MAJEURE 2 Neither the COUNTY nor the CONTRACTOR, will be responsible hereunder for any 3 delay, default or nonperformance of this Agreement, to the extent that such delay, default or 4 nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, 5 rebellion, sabotage, or flood, or any other cause beyond the reasonable control of such party. 6 20. ENTIRE AGREEMENT 7 This Agreement, "including all Exhibits", constitutes the entire agreement between the 8 CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous 9 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and 10 understanding of any nature whatsoever unless expressly included in this Agreement. 11 Ill 12 Ill 13 Ill 14 Ill 15 Ill 16 Ill 17 Ill 18 Ill 19 Ill 20 Ill 21 Ill 22 Ill 23 Ill 24 Ill 25 Ill 26 Ill 27 Ill 28 Ill -10 -COUNTY OF FRI·:SNO Fre~no, C:i\ 1 2 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. 4 CONTRACTOR: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City of Fresno, a municipal corporation, By ______________________ __ Print Name: Jennifer Clark, Director Development and Resource Management Department Date: ______________ _ Mailing Address: City of Fresno Development and Resource Management Department Housing and Community Development Division 2600 Fresno Street, Room 3070 Phone #: (559) 621-8300 Contact: John Robertson, Interim Manager -11 - COUNTY OF FRESNO: By ______________________ __ Chairman, Board of Supervisors Date: BERNICE E. SEIDEL, Clerk Board of Supervisors By ____________________ __ Date: --------------- PLEASE SEE ADDITIONAL SIGNATURE PAGE ATTACHED COUNTY OF FRI•:SNO h csno, CA 1 2 3 APPROVED AS TO LEGAL FORM: DANIEL C. CEDERBORG, COUNTY COUNSEL 4 By __________________________ _ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO ACCOUNTING FORM: VICKI CROW, C.P.A., AUDITOR-CONTROLLER/ TREASURER-TAX COLLECTOR By ________________________ __ REVIEWED AND RECOMMENDED FOR APPROVAL: By ________________________ __ David Pomaville Director Department of Public Health Fund/Subclass: 0001/10000 Organization: 56201612 ($145,490.00) Account#: 7295 JW ATTACHMENTS: Exhibit "A"-Work Plan Exhibit "B"-FY 2014-2017 Budgets -12 -COUNT Y 0 1: FRI·:SNO Fresno, CA County/City: City of Fresno-Tier Ill Funding CLPPP Budget Detail Worksheet Fiscal Year 2014-2015 Preparer's Name: John M. Rober:son Exhibit B Contract No: 0 Federal ID: ..:.9-4--0-0-03,....3"""8------------ ICLPPP Allocation: I ' ~ I . $145,490 . Preparer's Phone No. : .:.;(5:.:5.:.9.:..1 6:.:2:.:1.:.;-8:.:5..:.1.:.8 _____ _ Preparer's Fax No.: -'l_55_9-'-)_4_88_-_l_07_8 ______ _ Date Prepared/Revised: Sep:ember 23,2013 PRIMARY CONTRACT MEDI-CAL LEAD PROGRAM (Total must be mm•mum 30% of Nurse Case Mgt. Administrative Activities Total Funding CLP:>P Allocat•on) Services Non-Enhanced Enhanced $ 43,647 (50%/50%) (50%/50%) (25%/75%) Expense Category :Do "lot Enter' AMOUnt Amount Amount !~mount ~J:~'C ..•. ::;:.·:~:~:::::::~:·:::::::.:::;:;:;$:;:;::::::;::~:~:~:;:~:!$:!!!:!:~:!:~::~:::•:::!:::·:::::~:!' ::~:·:·:;:.:::::•:~:::;:!:!!*~:;:;:::::;:.:·:::•:~:·~:·:~: ~::::~:;:;:;:::~:~:~::::;:::!:£:~:;:•!!:::·:~:::!:;::: ;:~:::~:~:=:•:~:::~:~:-:·:~:::!:±!! ~ ... ,..---............ •"'• .~ ···:···:··~·:········ (a) Total Salaries & Wages (from oersonnel Supplement"• 49,623 49,623 0 0 0 (b) Total Sa lanes & Wages (from Personnel Supplement) 0 0 0 0 0 (c) StJff Benefits Percentage= 31.94% 15,850 :s.aso 0 0 0 Personnel & Benefits Subtotal · 65,473 65,473 0 0 0 ' -~~<· ...... -.~ .... :.-.· .. ~ ...... ····· .. ~ ..... -!~~!;+;• ~·"!~·· ... ;:;!!!·!·!'~;•:::•:::::~:::::::~:::::::;::::.~::::::::::::!~P. ................... -........... It ........... ~ .... ~·····"'• .... e':'• ..... ~!::::::~:::·:::::~::;.:;:•::~:::: !!:~:·:~;~;:~::::!::~ ·•••··••···•·•·•••·••••••••••••••··• .. ················3:····~··············· ······1': .. -. .. ( •••• + .... !+ • •*+!+~+ :• ++!+:+!+4+ ~~ +!+~+:••• a.:···:···:·=·~· ' ... ·······~~ •• f> .... •-"' ...... ~ .......... "/) •• (a) Indirect Cost (%)= IO.OC% 6,547 6,5.;7 0 0 ' ..... ~ (b) lnd Costs Assoc. w. Enhanced Activ (%) = 10.00% 0 " ,_ :; :..._:~\!,~~ ..... ·'' :.& 0 ;~, L·~;....·~; ' . ,. -. Indirect Costs Subtotal : 6,547 6.5~7 so so •, '+~·.:I ... .. • ·~~:::::.:::::::::::::;:;:;::::::!::::::::;:::::::::::::::::::::::::;:::;:;:::::;::: ~=:;:;:::::::~::::::::::::;:::).::~:::::::::::~::;:::::;:::: ::~:;:;:::::::::::::::::::::::;;!:::::;:::;:::;:;:::::::: !:~;:;:;:~;~::::;:::;::::::::::: :::::::~:::::;:;:::::1 . (a) General Expenses 1,969 ~.969 :~:~ ··: : (b) Space/Rent 0 :~ f-~ .-! • .. (c) Equtpment, Mtnor & Electrontc Equtpment 0 (d) Pnntit'g :.ooo 1,000 .,. . . .... ,-~; .. :··~~:1:,:: i ., ., ,, (e) Travel and Per Oier1 0 (f) Train•ng Expe'lses 3,500 3,SOC Operating 6,469 6,<-69 0 0 0 ~~;::::;~:::~:~:!::~::::::;i:::;:::~~:~:::~:::::~:~::::;:;:::::::::.::::=::~::::::~:~:~:~~:::~ 0 ·~~=::~ ;!:;:::!:±:: ::~ ;~::::::::! ::::::::•::::::::::~:::~. ~=: ;. ~"!::!:~.,=~1:: \~~:~';.;:~::-;::~ ~!~~!~·~ ::::~:;::~: ·::::::: :~: ;:::;:;:::::: JSA. Assessme<t Contractor 15,000 :s,ooc -~ ;~!~~·~~!~!~!~~~~~~~!!:~~!!~!~ .. Katch. Assessment Cortractor 15,000 :s.ooc ., ;:~~!:.:~:~!;:~::~::;:·~=~ ...... :~~~;::; ~~ ., Constructton Co"!tracts 15,000 :s.ooc ·.;. ~::~~~~~~!!!.!!~~·;~~~:~~::~~;.: .. :. :· '• Subco·-nract Subtota : 45,000 <15,000 :.~;~=~:;:;~~=~~;-;?.;~;;~;::·~·~:~ 0 ·9 ~ Operating and Subcontrac:s Subtotal 51,469 51.469 0 o. _:_ ,(1 . ~ ~ '~~~~!~:!:::::;:::~:~:::·:·:~:~:;:;::::;::!:!:;:;:;:?.~:!:;:£:~~:·:::·:~:~:!:?.!~:•:;;;::~-~:;:.;: ~ =~; ~-~:=:~::::::! :;:; : !:;:! ~~:; :~;; ;!•!. :::~:;~ ::;::~-·;;: ;!$··:·~:~:~:::~:~:!:;;;:~:!:~!~~i!~!~~~:~~:~;: .~:i:::~";:~;;:!~!:!!!•:;::=-~~=;. ;:::~:;:~·~~:;:~:~:' (a) T•er 3 Fundtng 0 ., .~. . ::::;~~$::!i:=~~~~~:~~ :;:~::~:::.::~;~:--:~ ~:;: .. ;~~~:·· (b) XRF l oan Prog'aM 0 ,.. ... ~~"'~'"".;.-. ..-.: .. !;.;;!:~ .. ·.,;. .. •..,·:: ,· :::.::~: ~~ ~~.r ~~!:~~~oo .~:~:~:;~-~ (c) Educattonal V1atenals 5,000 5,000 ·-:·!~~-}~~-:.;~~ .. ~~;~ ·~!~!:!:~ ::~~~~~:':\,~!: !!:-:S~!~~!!~~ (d) Env ronn'Prtal Sar1plinr; 17,000 17,000 ''"'•""-···~ .. ·,_:): ... "".· .. · ,·.~·.--... ~ ~r..· •. ' ·-~---·-,. . • . . -. . ",J·;Jrf"',•. ;;=~~::::!:. -. ~-.... ~ ·=-~;;:~~:~~:~ Other Costs Subtotal : 22,000 22,000 ·~· ···.,-; :J.•!""!t~ ::.: :.~:~:~· ..... ~ ... ~4-!~~ .. , .... TOTAL Budget (should match Total Budget below) s :145;!1;10 s 145,<:90 s $ s Funding {PCAi Code$ 51700 5:70: 51703 Sli02 State Funds $ :45,490 s s s Federal Funds s $ s To~al State Funes :sbould match C.P?P allocat•onj I $ 145,490 I Total i'ede'a Con:nbu:ion to MCt=>· I s Total Budget IS .. 1:45,439 1 Jn:>u~ge:eo A!locat•on F.;'lds A,a•laciP: I 50 As the CLPPP Coordtnator I certify tf'at thts budget has bee~ co-st~Jc:ed m As Ire Fiscal Agent io' this agency I c~r:tfy that :his t udget has been constructed tn compha-ce compltance wth all CLPPB ar>O DHS AO'Ttmstrat1ve and Program Pohc1es \'loin all CLPPB and DHS Ad'"ltnistrattve and Progra, Po to es ·----------------------------------------------------------------· --------------------------------------------------------------------------------------------Cli'PP :::oordinator's S•5'liltu'e Date A(\cncy ~,sea I ~gent's S1gnat.Jre Da:e 1 County/City· City of Fresno-Tier Ill Funding Contract No: ..:0'---------------------Federai iO: ~00338 ICLPPP Allocation: I ., . $1AS,490 . Expense Category r~~~::::::•:~;:;:;:::;::::~::;:::::•:::;::::::!::!t::::::•~~::~~:;:;~~:•:!:•:!!;:•:•:•:~:!:::::;:•::!~ \3) -o~ai $a anes & V.as~~ (f·e~""' P~·sc-"'f'W!I S~o.~pp trr~n-::1 :bl-ct.al Sal a· es & '/.,-'J;:es ··o"""~ Pe:·so ... re S ... :;p e,..~n~ \c) S;:alf St"''f'"liS t>e~ce'"lta~o: = 3! 9'*' ?erso,ne & 3e,e',ts Suttotal ~•:;:;:;:;:~::!:!;:::::::~:;.:::::;:::::::::;::~:!:!~=::~=:!:::;::!:::~~:;~;~:~::::::).:!:~ Ia) ~direct Ccs: 10,:, )= lCO~'io •b) .rd CoSls Assoc. w. :nha,ccd Ac.•v •',;,: = :c OC"'..o lr~c•rN~ Cos:s SJb!ot:a "·"~;!;:;:~!:!:!~•:•:!:!:•:~·!~=~~·=·~;:::!:!!~~!~!;:;:.:;:::•:;:;~;:::;:!:~~:~;!;~;!.: (~l Gt""H:·.a· E"'p~.,s~s 'b1 S~3ce.'J:te""t ;c· (~ ... p_,e-t. r~~wvr s. E f':"::ro·uc .C.JipTc-~ fd} P· •ttog ie: -·a•,e •r·j p, •• Clt:'!' f~} --~ "Hr~ F ... :::e"'$~S COt<'-: .. ~ E..c~ .. s:~ 5..::~ ~~;t.:!:·:~:~:~:~:~:s!!!!~·;·:oS~!:~:·:·:~:~:·:·:·:·:~·:!!!:·:·;·:~:~:!:!:~:!:!:•:!:!!·~!:•:!:·~. .SA Assess~rem Co1:<ee1or Kale, Assesswe11 Cor :ra:tor Cons!n.C\ion Ccntrac:s ~-::~o":· ... : 5:J:J~o~,. ;Jpe·a:,ng ano S.ocontra:1s SJt::ota !•:!:~:~:~:~:!;~. ;•:·~.·;·:!;•!!:·;~:!~!~~=~~:~·~·~·~~::!!::~i!·:~~.!~=!•!:~:!;!:~~:~=!~~.::·:::~: ... (tt rc·3'-l..""d "'\g :b.)"=\::..:., .. 0 ·:::gra- :c £::wn: o-3 ~·.".:t"::~r" \ (d: t.-..,. ·oc ... -~n~~~ ~4.-...::ltr· "":!-~· :=:.~s $_::.t!''.<t TOTAL Budget ( should match Total Budget below) fF .m:: n, ,PC~ j Coees (s:~te F~"'lds , .. ~ •• 'c"CS I'T:>t" S;:.-· •. :-.. "":~ :~~o .. ld -"~.:t~k ::.~:-:p,. 1~: ·;;~-n· J•oto B<.:ge: CLPPP Budget Detail Worl<shcct Fiscal Year 2015-2016 Total Funding 1::0 'llot E":"' 49,623 c .5.8SC 65 473 PRIMARY CONTRACT (-;to! ""lUSt be -r nii""'•U:"" ~cc; c' Ct.:>?;).\ c:~•·.:>r $ 43,647 ..:.r-:u~~ 49,623 15 es:= 65,.!73 ?reparers Name: .,.,'A ~o""'"" Exhibit B Preparel"s Phone No.: .:.l"..:~_9.:.;.c;,'.:.~:;..·_s;_::..;s ___________ _ Prepare(s Fax No.: l!:59; ~£.1C7S Date PreparediRevlsed: -:Se=o,".-,.:..o:..c.:·-7:73.72.-:.l:-:3:----------- Nurse Case Mgt. Services (50'.V.050%1 Ar~ ... ,~ MEDI-CAL LEAD PROGRAM Administrative Activities 1\.o"'l·Enra,c.ec! lo<l'~/SC'/ol Ar'!;)U"~ E""la .. c~d '"S%!7S~l AM:::u • .~n~ ·······~;!·:·!;!:~;::·::;·::;:;~:;~:••;•.:. c 0 0 0 c c ·;·!:;•;·!-:!!~:•:·:~:.~:·~·;::•;:;!~ -=::::::·;·;~.·:::!··:~·.-:· .. ·;·;·~·:t::;·:~!--;(!:!:• 6.5~ e.~ oil 0 ' .~ ... 0 (' c.S-'7 e s• SOl sol .~ ~~·:•: .. , ·j; .. ~ .•. .;;_,; ~: .. :~·~·~~;~;~~·:•!;~;:;!;~;;~!•:;:•:•!· :.9&-+ : 9b . ·;-~!;·;~~~;·:-! ~ .. , . ,:,i ·• ~; .. ·.~!~~;·~~-·· • .OC:l :.:·C:.'Ir ·,~ -... ~.~~:~'...<.~:.·-:.v.,• · ••!'•:•:• :-;; .,!;·~•:i -!:.-: .. !·~;:.~;.;...~ 3.5~-, :..5C'": 0 0 0 • ~4 .. 6~~ 6,,:; oil c ;~:~:;!~!!!"!:!:*:!:!:!:-;;~~~~!!;~;· ..::·-=·~~·:-=:.:;;.;~~~=; ~·:.:~-~-~· .. •:!~~:;;;:;:·:~;··~~~=~=· /!-::•::;~.::~~-=·,::;; :~.-~..:,,-' :s.:o: E.o:. z.-.:~;!;..~c-;~~~1:~~~!;!~;~r.~·~\! "' ·~:·~~;.~'!.?;! :s.:« 1:,0'"...0 :.;,..;·~•;<· .. <·~·="i:•;·~.r .. 9~~f· ... .;. .. :{ t.:,i:.:~·~.::..: 15.::0.:: 1~.0~'(.. ~~~~~=-:.:.:»?•..:.~: .... ~~!~~:..~: .. ·.~!; ~~- .!~,')()C: ~c;.c:~ ·~. ~·.; .; .. •-:- '>:4Si ~-4t:~! cl:: · · · 0 ~·. ·!!:~:·:!~·:·:·;·;~.:!;·:~=··~=·:~ •:•f·~ ;•:•;,., .... ~". ~.::·~!~!··;~~~:!;•;-;.;·:~.~: .. i~.. ~·:· ·=~-!l .-.... 'f.~ "}•" .. •. D:~ :,,:·N! =1·· ~, • 7 ""'~ ,, .• ___;!_.=::.::. • .w•H • ·. ~.4_:>:'"(' z:.:~v · · l45-.49D s :11s t:=;o I 5l7~ I~ ~ :": ~9~ : I I ":"(., I ~.: /C! Is · I s I Is I s ·I J~ --:~:1 -~:a ~'!?t·sl -:~ .. ·~·t .. r•~"~ t: v:~:: I.'S --_-) .... b_~,e-·-e: ~~·~ ... : O" ;::._. .. ds ~\11 1abe. ( ";.; 1 f\S 1he .:_p:>p Ccorc -,a:o· con"y tr al :hos b.;dget ~as oee· :C"SIIuct&d .~ CO"\''p:la"Ce" :hall c~::::>g Yd OYS Ao··· .. ums:'atlve and Pr~'arr Pel c es 4s trc F.sc<> .<-;e"t 'o·1· s a~e1c, ce1fy .,.,. this b..::;;e1 ·as ceer :cns:-uc.cc n co-r;;l an:e .·.rt~ a CLP~s a"'j DHS Ad~ ms;~c:n ve aoc P"cg .. arr ~c iCtes Cl~J:~ .:.c~r: -~::>~·: S f"li~urt ::3~e ;.Rt' ... ::" =·~~ ..:~e·· ~ ~ ~-a: ... ·e .. Jitt 2 County/City: City of Fresno-Tier Ill Funding CLPPP Budget Detail Worksheet Fiscal Year 2016-2017 . Exhibit B Preparer s Name: .:.Jo:.;h:.;n:.;i'v_l_. R...;o:....:b:....:e...;rt:....:so:..n ____________ _ Contract No: 0 Federal ID: -::9--:4-=-o::::o-=o3~3::-:8:------------ ICLPPP Allocation: I I . $145,490 . Expense Category ~)i~!!!!!:::::::::::~:::::::~::::::~:::~:::~;::::::!!;~::::~~~:~:::i:: .. t';:~:::·: ~:=~::~:::!:~:!:;• (al Tota! Salarres & Wages (from De-sonnet Supplement' (b) Total Sal~nes & Wages lfrom Personnel Supolement) (c) S:ar Benefts Percentage= 3:.9G% Personnel & Benefits Subtotal ~ ~:~::~:::;::;;;::: ::::::~: ~ ; ~:~:~: ::~ !: ~ ·~::::. ;.~· :~;: :;~:;:; ~;~;~; ~ ~ ~;:;~,_:~;:;:;:;~ (a) lnd1rect Cos: (%)-10.00% (b1 lnd Costs Assoc vt. Enhar ced Act v (0, lO.(}:J% lndrrect Costs Subtotal : :~-~e~g;~~:~:;:;:;'t::~;:;·: .. :,;~;:=·::;:;;;!;:::!:;:~:;:~:::;:;:~~:·:;:::•;;:;:;:~;:: (a) GenN'JI Exoense> (b) Space/Rent (c) Eouroment. tJ!rnor &. Elec:ronrc Eq\..rpme1t (d) Prrrtrng (e) Trave and Per Drcm (f) T·ainrng rxp!!nses lEJ).,_~~iii~:::~~::;::::·!:~::~: ·:? .. ·~.: .... :=~-~·::~. :~;·:·'·.~:;:~:!:~~~=;~.~-~:;~ :;:~1 ;~:~!:~::· JSA. Assessme1t Co~trac:or Katch. Assessment Contractor Construc:1cn Contrac:s Subcontract Subtotal Opera:irg and Subcontracts Subtotal ~~~~15!:::!::::::;::~~~:;:;!;;;:~ ~;~-~;:;:;:;:;!.;~~::;:~~~:::~::::::;:::;!::~::::::~::::::;~ ~ ia) .,.,e, 3 °undrr g (b) XRF Loan Drcgram !cl Ecr.;cational Materral; (d) Meeia Events Other Cost~ Suoto:a TOTAL Budget (should match Total Budget bel6w)l $ F:..ndi~g PCAJ Coces S:ate Funds Federa Funds [rota Sta:e f-unds [;hou d match (Lop:> alloca:rcn) -otdl s~csc: Total Funding (Do Nol Enter) 49.623 0 15.850 65.473 6,547 0 6.547 1 969 0 0 l,GOO a 3.500 0 0 1~.000 15.000 15.000 45,000 96.469 0 0 s.coo 17.000 22 ()(1:J 14S,490 As t'le CLPPP Coo-dlna:o· I ce1rfy :hat th s blodget has been constructec 1r cor1pliarce w th all CLPPB ard DHS Acmrnrst·at1ve and P·ograrr Polioes C.PP" Ccorc n;.to~·~ Srf•,awre Date Pre parer's Phone ~..:;(5:....:5:....:9:...1 .:..62.:..1;__·.:..85;,.:1:....:8;___ ____________ _ Preparer's Fax No. : -'-(5_5_9.:...) _48_8_-_10_7_8 _____________ _ Date PreparedfRevised: _s-'epc..t_e_m_b_er_2_3..:..,2_0_1_3 ___________ _ PRIMARY CONTRAC" MEDI-CAL LEAD PROGRAM (Total must be minrmum 30% of CLPPF $ 43,647 Nurse Case Mgt. Services (50%150%) Amount II Amourt • ;· ... ;•; ·:·;· ~·· ·; ·; .......... =·~. :·;· .. •:•; •( •,., • -,+,., • .... •,.f o•~•"!•., ·~! I'J • ~ • .,•., !i>'!"J.!""•· •- 49,623 0 0 0 15,850 0 65,473 0 6,547 0 Administrative Activities Non-Enhanced (5moi50%l Amou1t Enhanced i255e/75%) Amount ~!:!!!:~:!:!:!~~=~:::•:~ :~~i!~~~:::;::;~ .. ~~;~ :::::::~! :~::!;~ . ~:: !!!!:~;:::::~: ~ .::::~:;: . 0 0 0 0 ;} 0 0 0 :::~:::~:::·:::~:::~:~=~:~=::·:~=·=~:::_ ~-·=~::::~~=~~:~=~:~~:~:~:w:;:~:::~=:~~ o···· 1··:~;~ ... :~; ··~~ -·~:··~·~~-:-'},.-... -~· 0 6,54 so so ~;:::;:::;:;:~=~~~~:=~~;:~:::;::$:! ·:::;:::;::::;;::::::;;:;:::::::;:;:::! ~~:;:::;:: ;::;::!;~;~::~:::.;.;:•:~~~: ••••• ~:~:::::~:·:!:!:!:::::::;:~~·:•:!!~!!:;::;::;:~; 1.969 ~:.: 1,000 ~;!:_;{;:~~~ ...... ;;~:~~ .. ' I 3 500 . . ·;··~~;.,.: · .. . I .,., ... ,·~--.·.;·~·~--;·;<;·To·.·· .·~11 n --· .--· ·--r-;-,;-.-.....•... ~·~~~-, .• ,-~""··· _., I '~ ... ~.· .... ~ ............ ._ ••• ... d' ,;--..,•<;' .-iJ.t-"'·"•!"-~·~· ~.! ··!:· .... ·~· ... # .•. • -.., •• .. ~. • . ·,:~:!:;~;~.~~ ;:: :-.~ 7'~~-·.' l S,O:JU :s,ooo ~:!:!;~:~~!:!.!~~:.:, !5.000 =r:~~~:~t=;;~.:~~::~ 45.000 ••4·~·:!:!:~.~~=~~~~· ~ 0 --..·. '"· 51,469 0 0 0 ·:!:::;±:::::!:::::::::~ ·~:::::.::::;:: :::~·~:::::: ~~:!::::~· ·:::::::~:!:::: ~;:~~:·:!:!::::~::::~::::::::;!;:!:!;" ;:;:::::::::::;:.:::::::!:!:!:!:.:::;::::.~.!!::::::~ > ~·~~~:~ .:!~~-:~ .· ',.,' .. :~;"";,•~~~···,.~•c ;'!~~~~~;~r· ~;~ S,OOC -r. r~:-...lo.~:{ .. ::~~=~~ I ~;,·:;.(: .. ·~~~.· ,to;.• 17,000 .. ~·:•A•:..; :.•:·' I : :~~;~:~~:::!··~-{ ~-c .. ~ .. :-..~""! .. ~··-~·~· 22,000 .~~:~:~~.;..:. ; ... • .. ~;;_•7&· ':;, ~·~· ... ~:·.·· ... 1<6 s 145,490 lis s s s :;1700 $ 145,490 H s:1o: 5:7:l3 5:707 s $ 5 Is 145,490) TctJ! =edera' Contr ,:Ju:io~ ;o ~-'CY S I rs 145,489 As t~e Frs::al Agent ~r this agercy I ce1:fy that tt-is bucget ~as been constructed 11 corro 1ance with all CLPPB and DHS Adr-1r;strat1ve a~d Prog1am Polic1es M.ency ~rscdl As•:nt\ Sr5naw·e Date 3 Childhood Lead Poisoning Prevention Program Exhibit A Scope of Work I Work Plan Objective 5-11 : Develop and implement activities designed to prevent lead-exposed children and at-risk children from exposure to lead hazards. -· Activities to Support the Objective Timeline Staff Evaluation/Deliverables All CLPPPs must conduct the following Ongoing Division For all activities under this objective, CLPPP will activities under Objective 5-11 Manager submit: 1. Protect children with known blood levels that (DM ) show lead exposure from additional r:g] Relevant page of CLPPB Lead Poisoning Follow- exposure to environmental lead hazards by: up Form for addresses achieving clearance, carrying out lead hazard evaluations Senior attached to appropriate Progress Report. (including clearance, El, risk assessment, Community r:g] Biannual Progress Reports and other activities); ensuring proper lead Revitalization abatement procedures and clearance of Specialist hazards; and verifying that abatement (SrCRS/PM ) workers are conducting activities as required Community by California Code of Regulations, Title 17. a. Efforts may focus on specific high-risk Revitalization Specialist population groups and/or geographic (CRS) areas. Community Revitalization Specialists, and other essential staff (for lead Senior r:g] Description of children to be addressed by lead hazard investigation) have received Risk Admin Clerk hazard reduction activities. Assessor/Inspector training and RRP training (SAC) for the identification of lead based paint hazards. The Division shall continue to have staff attend training as necessary to keep abreast of lead based paint hazards, control measures, new and ongoing federal, state and local agency regulations , and grant opportunities. The Division's ongoing program I Childhood Lead Poisoning Prevention Program Exhibit A Scope of Work I Work Plan Objective 5-11: Develop an d implem ent activities designed to prevent lea d-exposed children and at-risk children from exposure to lead hazards. Activities to Support the Objective Timeline Staff Evaluation/Deliv erables of inspecting all housing related cases in pre- I 1978 single and multi-family units (herein after I I I refe rred as unit o r units) and ensuring they ; receive a visual lead based paint inspection and assessment within the City's jurisdiction will continue. The Division will continue to work with their county health partner in any additional inspection and assessment for the remediation of lead based pa int hazards in I units with identified EBL children within the City's jurisdiction. The Division is continuing its effort for development and refinement of policy and procedures for renovation, repair and painting of pre-1978 units to ensure these are conducted within all federal, state and local regulations. b. If not already identified in the contract work plan, within six months from the start of the contract, submit a plan to CLPPB as to which children will be addressed, identifying: I. Range of blood lead levels; Range of blood lead levels shall be determined by the local county health authority and/or the federal requlations for inspection, __j 2 I I Childhood Lead Poisoning Prevention Program Exhibit A Scope of Work I Work Plan Obj ective 5-11: Develop and implement activities designed to prevent lead-exposed children and at-risk children from exposure to lead hazards. Activities to Support the Objective Timeline Staff Evaluation/Deliverables assessment and lead hazard control services. The division will also address families with children under the age of six years old. ii. population group(s) and/or geographic area(s). Geographic areas as determined by local county health authority. City shall utilize its case management data base for tracking and mapping of identified lead based paint hazard units. The division will identify address hazardous paint throughout the City of Fresno. However the Divisions' efforts are focused in the southeast and southwest areas of the city of Fresno, which I contain predominantly pre-1978 units. I Identified zones have been within four zip codes (93701 , 93702, 93706 and 93727). 2. Implement a program to reduce the Ongoing I Senior ~ Summary of steps taken to reduce childhood opportunity for children being exposed to Community lead exposure, attached to the Biannual environmental lead hazards, by 1 Revitalization Progress Report. investigating 1 Specialist 1. Property is initially inspected to check for locations where children are being exposed (SrCRS/PM) health and safety issues, project feasibility, or have been exposed in the past, and and building code violations. Photos Taken. responding as necessary with appropriate Community 2. Correction list is generated for property enforcement actions. Revitalization owner. I Specialist 3. Risk assessment is ordered on property. §_._ __ Efforts may focus on a spE)Cific high-risk (CRS) 4. After Risk Assessment is received scope of I 3 Childhood Lead Poisoning Prevention Program Exhibit A Scope of Work I Work Plan Objective 5-11: Develop and implement activities designed to prevent lead-exposed children and at-risk children from exposure to lead hazards. Activities to Support the Objective Timeline Staff Evaluation/Deliverables geographic area or areas of concern. I work is prepared to remediate hazards b. If not already identified in the contract Senior identified at property. work plan. within six months from the Admin Clerk 5. Scope of work is approved by Manager and start of the contract, submit a plan to (SAC) then sent to Historic review. CLPPB as to which geographic area(s) I 6. After approvals scope is reviewed with will be addressed or other criteria th at property owner. will be used to determine the sites of 7. Bid package is prepared and sent out to these investigations. I contractors one week in advance of tour. 8. Bid tour is done at property with property owners present. Contractors have one week to submit bids. 9. Bid opening is the following morning lowest bidder is awarded the bid. 10. Contract is then drawn up and a appointment for signing is made with property owner and contractor. 11. After contract is signed contractor is given a notice to proceed. 12. Lead supervisor is notified of job start date. 13. Project is then started. 14. Progress inspections are made on property with photos taken. 15. Project has a final inspection upon completion. Punch list generated if needed. Progress payment of 90% is usually paid at this time. I 16. Re-inspection for punch list completion. 1 ~1earance is called for by co ntractor. 4 Childhood Lead Poisoning Prevention Program Exhibit A Scope of Work I Work Plan Objective 5-11: Develop and implement activities designed to prevent lead-exposed child ren and at-ris k children from exposure to lead hazards. Activities to Support the Objective 3. Implement a program to reduce the opportunity for children being further exposed or at-risk children being exposed to environmental lead hazards by investigating tips and complaints about lead hazards. and by identifying lead hazards in pre-1978 dwellings and public buildings and their surroundings that are exposing children to lead, responding to each as necessary with appropriate enforcement actions. 1. Contacts will be created by either proactive ou treach or reactive reporting parties. 2. The main focus will be families with children under the age of six or children with elevated lead Blood levels as determined by Timeline Ongoing ' Staff Sen1or Community , Revitalization Specialist (SrCRS/PM ) Community Revitalization Specialist (CRS) Senior Admin Clerk (SAC ) Evaluation/Deliverables 18. Upon receiving Approved Clearance Notice of Completion is generated and filed at the Fresno County Recorder's Office. 19. 35 days after Notice of Completion is recorded, County Records are checked to see if liens are present. If no liens are on property final retention payment of 10% is paid out. 20. All spread sheets are updated and construction file is turned over to the financial side for merging and final closure of project. l6J Plan for conducting investigations in identified high-risk geographic areas. [ZI Documentation of identified high-risk geographic areas. 5 Childhood Lead Poisoning Prevention Program Exhibit A Scope of Work I Work Pl an Objective 5-11: Develop and implement activities designed to prevent lead-exposed children and at-risk children from exposure to lead hazards. Activities to Support the Objective Timeline Staff Evaluation/De liverables the County. I I 3. Contact will be made by the Lead Hazard I Program Team or other staff with the idea of to remediate the lead hazards as well as providing education on lead hazards. a. Efforts may focus on a specific high-risk geographic area or areas. b. If not already identified in the contract work plan, by six months from the start of the contract, submit a plan to CLPPB as to which geographic area(s) will be addressed or other criteria that will be I used to determine the sites of these investigations. I I I I I I I 6 Childhood Lead Poisoning Prevention Program Exhibit A Scope of Work I Work Plan Objective 5-111: Increase collaboration with local building departments, housing departments, code enforcement groups, environmental agencies and other groups to see that lead hazards are properly identified and eliminated. All CLPPPs must conduct the following activities under Ongoing Senior For all activities under this objective CLPPP will submit: Objective 5-111 Community ~ Meeting agendas and minutes 1. Develop collaboration and partnerships with Revitalization ~Copies of response policy (e.g., personnel roles investigation and enforcement agencies (i.e., city Specialist and responsibilities, enforcement) and/or county building departments, housing (SrCRS/PM) ~ Documentation of training departments, code enforcement agencies and ~ Biannual Progress Reports environmental agencies), particularly those in specific ' Senior 0 Other (please specify): jurisdictions that are identified as high risk for lead Admin Clerk CLPPP must submit all of the following: hazards. These would include: I (SAC) ~ List of enforcement agency contacts a. Development and implementation of programs for ~ Description of collaborations with enforcement training of investigation and enforcement agency i agencies. personnel on identifying and appropriate ~ Other (please specify}: The Division is part of an established correction of lead hazards, as indicated for your collaborative th at meets on a bi-monthly basis. The collaborative jurisdiction. has an excellent working relationship and this rela tionship is an b. Fiscal support for training if needed, and as enhancement to the Division·s overall work product as it relates to resources allow. lead based paint hazard abatement. C. Development and implementation of other a. Division staff have completed a 40 hour lead risk activities specified by the CLPPP (and approved assessor/inspector training and an 8 hour Renovation, Repair by CLPPB). (Details of the activities are to be and Painting instruction. They will continue to be updated by specified by the Local Health Jurisdiction.) I attending conferences, seminars and additional training as warranted. The Division also collaborates with other California agencies for investigation and enforcement techniques. b. Training and travel is identified for the purpose of providing conference, semtnars, on-line and other training opportunities for continuous education on lead based paint hazards. c. Modifications that w ill enhance the Division's activities shall be incorporated systematically and should the modifications affect this objective, they shall be vetted with CLPPP before inclusion into this program. 7 I Childhood Lead Poisoning Prevention Program Exhi bit A Scope of Work I Work Plan Objective 5-111: Increase collaboration with local building departments, housing departments, code enforcement groups, environmental agencies and other groups to see that lead hazards are properly identified and eliminated. 2. Develop and implement interagency referral, Ongoing Senior [g) Interagency referra l procedures reporting procedures, and cooperation with Community [g) Interagency reporting procedures investigation and enforcement agency Revitalization partners. Specialist a. Include activities such as responding to (SrCRS/PM) [g) List of delineated roles and responsibilities practices that create lead hazards by [g) Compliance and enforcement procedures implementing lead hazard compliance Senior and enforcement procedures. Admin Clerk D Other (please specify): b. Delineate roles and responsibilities. ' (SAC) 3. Develop an enforcement response policy, June 30 , Senior [g) Enforcement policy including the roles and responsibilities of 2015 Community D Other (please specify): partnering enforcement agencies. I Revitalization a. Submit this policy to the CLPPB, by the Specialist end of the first year of this contract. (SrCRS/PM) Senior Admin Clerk (SAC) The following 2 activities are optional. Please Ongoing Sen ior cgj Assessment of local government laws, indicate with a check mark if you choose to Community ordinances, conduct them. Revitalization housing codes and enforcement structures 4. [g) As resource allow, assess the Specialist covering identified lead hazards. effectiveness of local government laws. (SrCRS/PM) D Other (please specify): ordinances. housing codes, and enforcement Senior structures covering identified lead hazards, Admin Clerk and determine if changes are required to (SAC) ensure children are protected. I I ' I I I I I 8 Childhood Lead Poisoning Prevention Program Exhibit A Scope of Work I Work Plan Objective 5-111: Increase collaboration with local bu ilding departments, housing departments, code enforcement groups, environmental agencies and other groups to see that lead hazards are properly identified and eliminated. Ongoing Department Manager (OM) [ZJ Description of outreach. [ZJ Materials on renovation and remodeling. [ZJ Other (please specify): The Housing Division 1 works closely with the Community Revitaliza tion Senior 1 Division to allow for better coordination of expertise Community and resources. Community Revitalization staff will Revitalization function as outreach coordinators for all special Specialist programs (i.e.: lead hazard control ). (SrCRS/PM ) Community Revitalization Specialist (CRS) a. The Housing Division has information about the Division work, along with lead based paint hazards, on our website, some in PDF format for downloading and printing. The information includes contact phone numbers and web-sites for additional information. a. The Division maintains a kiosk near our front 9 Childhood Lead Poisoning Pre vention Program Exhibit A Scope of Work I Work Plan Objective 5-1 11: Increase collaboration with local building departments, housing departments, code enforcement groups, environmental agencies and other groups to see that lead hazards are properly identified and eliminated. Activities to Support the Objective Timeline Staff Evaluation/Deliverables 6. Collaboration and partnering with Ongoing Department CLPPP must submit all of the following: community-based organizations (CBOs) Manager cg] List of CBO contacts. addressing lead hazards is strongly (OM) cg] Description of collaborations with CBOs encouraged, as resources al low. Examples cg] Training and/or educational materials for CBOs of activities are: Senior cg] Other (please specify): The Division has been a. Providing up-to-date training and Community collaborating with various CBO's and Fa ith educational material to CBO staff that Revitalization Based Organizations, and will continue in our they can employ in outreach efforts to Specialist efforts to maintain those relationships while their communities. (SrCRS/PM) developing more. b. Helping CBOs identify high-risk areas c. Other activities specified by the CLPPP Community a. Materials obtained and developed by the (and approved by CLPPB). Please Revitalization Division are shared and provided to our Specify activities: Specialist partners. Our outreach team provides training 7. The breadth and extent of activities planned (CRS) to the partners on an ongoing as needed basis. and carried out for items 1, 2, 4, and 5 in this objective, are expected to be Senior b. Target area information is provided to our proportional to the supplemental funding Admin Clerk partners and is discussed on a regular bas1s in and resources provided. (SAC) the collaborative meetings. 8. Information on activities carried out under this objective is to be submitted with each C. The Division is committed to the current bi-annual CLPPP progress report. collaboration with the local CLPPP . 9. Local Health Jurisdictions are encouraged to evaluate and modify activities that I support the objective, with approval from the CL PPB. I ~------------------------------------ 10 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-437,Version:1 REPORT TO THE CITY COUNCIL Date:October 2, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department BY:MIKE SANCHEZ, Assistant Director Development and Resource Management Department BONIQUE EMERSON, AICP, Supervising Planner Development and Resource Management Department SUBJECT Action pertaining to an Annual Appropriation Resolution for the High Speed Rail Station Area Master Plan 1.*RESOLUTION- 3rd amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $1,020,000 for High Speed Rail Station Master Plan consulting services and miscellaneous City expenses (Requires 5 affirmative votes) RECOMMENDATION Staff recommends City Council take the following actions: 1.Adopt the resolution of the Council of the City of Fresno adopting the 3 rd amendment to the Annual Appropriation Resolution (AAR)No.2014-95 reappropriating $1,020,000 for High Speed Rail Station Master Plan consulting services and miscellaneous City expenses. EXECUTIVE SUMMARY On July 31,2014,Council authorized the Director of the Development and Resource Management (DARM)Department to enter into a professional services agreement with the firm of AECOM Technical Services,in the amount not to exceed $966,068 for the preparation of a High Speed Rail Station Area Master Plan (Master Plan)and $54,000 for miscellaneous City expenses.Approval of the AAR is needed to reappropriate grant revenues previously accepted by Council in order to fund the work being performed by AECOM Technical Services. City of Fresno Printed on 9/26/2014Page 1 of 3 powered by Legistar™ File #:ID#14-437,Version:1 BACKGROUND Over the last month the Council has debated the purpose of the Master Plan,which seemed to focus more on philosophical or political differences related to high speed rail and whether the City should commission a study to evaluate the impacts of a project that may not occur within the foreseeable future.While the Administration understands this concern,the Master Plan is intended to provide the City with a list of strategies and recommendations needed to spur reinvestment on key properties within ½mile of the proposed High Speed Rail Station.In other words,the study and supporting recommendations and strategies will focus on how to address issues related to infrastructure, circulation,sustainability,and the steps needed in order to improve the overall economic viability of the area.The proposed Master Plan will build upon and refine the proposed Fulton Corridor Specific Plan,which anticipates and make some recommendations for this area,but does not provide the level of needed detail that this study will provide. In addition,the transportation portion of the Master Plan will include changes that are already occurring along the high speed rail corridor that will impact land use/zoning,circulation,infrastructure, etc.These changes include,but not limited to,the opening of Fulton Street as well as new underpasses at Ventura,Tulare,and Fresno streets.It is important that the long term impacts of these changes are analyzed in relation to revitalization as well as circulation. The transportation portion of the Master Plan will also evaluate the full range of multi-modal connections to the station,including passenger cars,integration of inter and intra bus services, including Bus Rapid Transit,Greyhound,Fresno Area Express and Fresno County Rural Transit Authority,private charter buses,bicycles and pedestrians.An important component of this will be the locations and capacity of current and future parking facilities and how some of the existing parking assets (e.g., Lot #2, Merchant Lot) could be used to spur new development. The transportation analysis is in addition to a comprehensive Real Estate Development Strategy, an Economic Opportunity Analysis and an Infrastructure and Financing Plan. An extensive community outreach effort will be an overarching theme throughout the entire development of the Master Plan. ENVIRONMENTAL FINDINGS This is not a “project”for the purposes of CEQA pursuant to CEQA Guidelines,section 15378(b)(5), as it is an administrative activity that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Local Preference was not implicated due to State funding. FISCAL IMPACT The $900,000 consists of $700,000 in American Recovery and Reinvestment Act (ARRA)dollars that the CHSRA is receiving from the Federal Railroad Administration (FRA),as well as $200,000 in Proposition 1A High Speed Rail bond proceeds.In addition,the Council took action on March 29, 2012 to amend the AAR to appropriate an additional $120,000 from Fresno Council of Government’s (COG)Overall Work Program (OWP)for the STAMP.Please note that this station area plan is entirely grant funded and is not impacting the City's General Fund or local public works funding in anyCity of Fresno Printed on 9/26/2014Page 2 of 3 powered by Legistar™ File #:ID#14-437,Version:1 entirely grant funded and is not impacting the City's General Fund or local public works funding in any way.The decision to move forward or not on the overall HSR project is outside the scope and authority of the City of Fresno and will ultimately be decided by a combination of state and Federal government agencies and the courts.If the project does move forward,we want to ensure the residents of Fresno are served with a station so that they won't have to drive to another city to board HSR.In the instance that the project does move forward,the City of Fresno needs to be preparing its station area plan so that we are ready for service by 2022.We have two funding sources to prepare the station area plan -the General Fund or grant funds that have been provided by the HSRA.Staff recommends accepting the grant funds so that we do not impact our General Fund service levels.Given the uncertainty of HSR,the Administration would not recommend using General Fund dollars to do the necessary station area planning.However,given the fact that grant funds have been provided for this work,we recommend moving forward.Thus,the attached resolution would reappropriate funds that were previously approved by Council over the last two to three years. Attachment: Resolution Staff Report from July 31, 2014 for ID#14-181 City of Fresno Printed on 9/26/2014Page 3 of 3 powered by Legistar™ - 1 - Date Adopted: Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 3rd AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION No. 2014-95 APPROPRIATING $1,020,000 FOR HIGH SPEED RAIL STATION MASTER PLAN CONSULTING SERVICES AND MISCELLANOUS CITY EXPENSES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2014-95 be and is hereby amended as follows: Increase/(Decrease) TO: DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT High Speed Rail Projects $ 1,020,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: High Speed Rail Projects Revenues: Account: 33527 State ARRA Revenue $ 700,000 33529 Proposition 1A Revenue 200,000 33820 COG--Local Transp Planning 120,000 Fund: 26001 Org Unit: 409901 Total Revenues $ 1,020,000 Appropriations: Account: 53302 Prof Svcs/Consulting-Outside $ 966,100 58004 Special Projects 53,900 Fund: 26001 Org Unit: 409901 Project: EC00003 Total Appropriations $ 1,020,000 - 2 - Date Adopted: Date Approved: Effective Date: Resolution No. THAT the purpose is to appropriate $1,020,000 for High Speed Rail Station Area Master Planning. CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2014 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Veto: , 2014 YVONNE SPENCE, CMC City Clerk City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov REPORT TO THE CITY COUNCIL July 31, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department BY:MIKE SANCHEZ, Assistant Director Development and Resource Management Department BONIQUE EMERSON, AICP, Supervising Planner Development and Resource Management Department SUBJECT Actions pertaining to a consultant contract for the High Speed Rail Station Area Master Plan 1.*RESOLUTION-3 rd amendment to the Annual Appropriation Resolution (AAR)No.2014-95 appropriating $1,020,000 for High Speed Rail Station Master Plan consulting services and miscellaneous City expenses (Requires 5 affirmative votes) 2.Authorize the Director of the Development and Resource Management (DARM)Department to enter into a professional services agreement with the firm of AECOM Technical Services, (AECOM)in the amount not to exceed $966,068 utilizing funding from the California High Speed Rail Authority (CHSRA) and Fresno Council of Governments (Fresno COG) RECOMMENDATION Staff recommends City Council take the following actions: 1.Adopt the resolution of the Council of the City of Fresno adopting the 3 rd amendment to the Annual Appropriation Resolution (AAR)No.2014-95 appropriating $1,020,000 for High Speed Rail Station Master Plan consulting services and miscellaneous City expenses. 2.Authorize the Director of the DARM Department to enter into a professional services agreement with the firm of AECOM in the amount not to exceed $966,068 utilizing funding from the CHSRA and Fresno COG. EXECUTIVE SUMMARY On August 25,2011,the Council adopted a resolution amending the AAR to appropriate $900,000 from the CHSRA in the Public Works Department budget for preparation of the High Speed Rail File #:ID#14-181,Version:1 City of Fresno Printed on 7/28/2014Page 1 of 3 powered by Legistar™ File #:ID#14-181,Version:1 from the CHSRA in the Public Works Department budget for preparation of the High Speed Rail Station Area Master Plan (Master Plan).On March 29,2012,the Council adopted a resolution to appropriate $120,000 from Fresno COG for the Master Plan and to transfer the funds from the Public Works Department to the DARM Department.In June of 2012,staff prepared the Request for Proposals (RFP)to solicit proposals from teams of professional planners,architects,engineers and municipal finance consultants for preparation of the Master Plan.Eight firms submitted proposals and,after an extensive interview process,AECOM was chosen as the best firm to accomplish all needed tasks. BACKGROUND Purpose of the Annual Appropriation Resolution The Council took action on August 25,2011,to amend the AAR to appropriate a total of $900,000 from the CHSRA for the preparation of a Master Plan.The $900,000 consists of $700,000 in American Recovery and Reinvestment Act (ARRA)dollars that the CHSRA is receiving from the Federal Railroad Administration (FRA),as well as $200,000 in Proposition 1A High Speed Rail bond proceeds.The executed agreement between the City and the CHSRA lays out the provisions for City invoicing of eligible Master Plan costs incurred and reimbursement of those expenditures by the CHSRA.The Council took action on March 29,2012 to amend the AAR to appropriate an additional $120,000 from Fresno COG’s Overall Work Program (OWP)for the Master Plan.Thus,the attached resolution would appropriate funds that were budgeted in previous years but were not appropriated in Fiscal Year 2015. Purpose of the Station Area Master Plan The Master Plan is intended to provide a vision for the Station Area that builds upon the City’s existing (and proposed)plans and policies,while maximizing the long term benefits of this public investment.The Master Plan will identify strategies for future development while supporting the station’s urban setting,operations,passenger access,parking and intermodal connectivity.The City desires a complete and inclusive Master Plan that prepares the City to take advantage of all potential benefits associated with the implementation of a major regional multi-modal transportation facility that will link Fresno to the economic centers of Northern and Southern California.This Master Plan will further implement and refine the Fulton Corridor Specific Plan,which anticipates and makes some recommendations for the Station Area,but does not provide the level of needed detail that this Master Plan will provide. The transportation portion of the Master Plan will include the full range of multi-modal connections to the station,including passenger cars,Fresno Area Express service including Bus Rapid Transit, private charter buses,bicycles and pedestrians.Locations of parking lots and structures will be addressed by the plan as well.In addition,as part of this Master Planning effort,the consultant will prepare a comprehensive Real Estate Development Strategy,an Economic Opportunity Analysis and an Infrastructure and Financing Plan.An extensive community outreach effort will be an overarching theme throughout the entire development of the Master Plan. Consultant Selection Process As mentioned above,on June 29,2012,staff issued an RFP to solicit proposals from teams of professional planners,architects,engineers and municipal finance consultants for preparation of theCity of Fresno Printed on 7/28/2014Page 2 of 3 powered by Legistar™ File #:ID#14-181,Version:1 professional planners,architects,engineers and municipal finance consultants for preparation of the Master Plan.Eight firms submitted proposals in response to this RFP and after staff review of all proposals, four firms were invited to continue on in the selection process. A Selection Committee was formed consisting of staff from Public Works,DARM,FAX and Fresno COG.The Selection Committee reviewed the written team proposals based on criteria outlined within the RFP.In addition,each of the four firms was invited to participate in a four hour interview, which included oral presentations and questions and answers from staff.Firms were evaluated based on their ability to convey their project approach to the Selection Committee.Based on the thorough selection process,the Selection Committee has recommended that DARM proceed with contract negotiations with AECOM.The Selection Committee is confident that AECOM was the best qualified of the eight firms to provide the services identified.Two firms with a local presence (Jeffrey Scott Associates and VAST) are part of this team as sub consultants. AECOM is a national leader in creative place-making and has extensive experience in designing catalytic projects.They also have economic development experience from both public and private sector perspectives and have a strong knowledge of the value rail brings to communities and how to capture and leverage value.They also have extensive knowledge related to station area planning. Examples of their work include Denver Union Station,Alameda District Master Plan and the Downtown Merced High Speed Rail Station Plan. AECOM estimates that the preparation of the Master Plan will take approximately 11 months. AECOM’s Scope of Work and Summary Cost Proposal are included as appendices to the attached Consultant Services Contract.This is a standardized contract which the City Attorney’s Office has previously reviewed and approved as to form. ENVIRONMENTAL FINDINGS This is not a “project” for the purposes of CEQA pursuant to CEQA Guidelines, section 15378(b)(5), as it is an administrative activity that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Local Preference was not implicated due to State funding. FISCAL IMPACT Funding for this request has been appropriated and is sufficient to pay for the scope of services identified by AECOM.Funding for this Consultant Services Contract will come from the CHSRA and Fresno COG.In order to receive this funding,staff has agreed to commit approximately $117,000 of staff time as an in-kind match.The salaries of staff who will contribute to the preparation of the Master Plan are funded by the General Fund. Attachments: Resolution Agreement for Consultant Services City of Fresno Printed on 7/28/2014Page 3 of 3 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-429,Version:1 REPORT TO THE CITY COUNCIL October 2, 2014 FROM:YVONNE SPENCE City Clerk’s Office SUBJECT Council Boards and Commissions Communications,Reports,Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: 1.Council of Governments -Swearengin-Ex-Officio (Olivier-Alternate) 2.Financial Audit Committee -Brand, Olivier, Xiong 3.Fresno Area Workforce Investment Corporation -Baines 4.Fresno County Transportation Authority (FCTA) -Swearengin, Brandau 5.Fresno Regional Workforce Investment Board -Baines, Renena Smith 6.Fresno County Zoo Authority -Swearengin (Baines-Alternate) 7.Fresno Madera Area Agency on Aging Board -Olivier 8.Joint Powers Financing Authority -Baines, Xiong, Swearengin 9.Association for the Beautification of Highway 99 -Baines 10.Upper Kings Basin Integrated Regional Water Management JPA -Xiong 11.Pension Reform Task Force -Brand, Xiong, (3rd Member vacant) 12.Economic Development Corporation Serving Fresno County -Brandau-Ex-Officio 13.Fresno/Clovis Convention & Visitors Bureau (CVB) -Amy Fuentes 14.League of California Cities (Annual Meeting) -Swearengin (Olivier-Alternate) 15.San Joaquin Valley Air Pollution Control District -Baines 16.Infill Development Ad Hoc Subcommittee -Brand, Baines, Olivier 17.Litigation Exposure Reduction Ad Hoc Committee -Brandau, Caprioglio 18.Convention Center Oversight Advisory Board -Baines,(Brand-Alternate),City Manager, SMG General Manager and one representative from each of SMG’s organizations City of Fresno Printed on 9/25/2014Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-363,Version:1 REPORT TO THE CITY COUNCIL October 2, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:ANN LILLIE, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No.11,Annexation No.56 (Final Tract Map No.6063)(near south corner of North Friant Road and East Copper Avenue) (Council District 6) 1.RESOLUTION -Annexing Territory to Community Facilities District No.11 and Authorizing the Levy of a Special Tax 2.RESOLUTION - Calling Special Mailed-Ballot Election 3.RESOLUTION -Declaring Election Results 4.*BILL -(For introduction and adoption)-Levying a Special Tax for the Property Tax Year 2014-2015 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 56, Final Tract Map No. 6063 RECOMMENDATIONS 1.Adopt Resolution Annexing Territory to Community Facilities District No.11 and Authorizing the Levy of a Special Tax. 2.Adopt Resolution Calling Special Mailed-Ballot Election. 3.Adopt Resolution Declaring Election Results. 4.Adopt Ordinance Levying a Special Tax for the Property Tax Year 2014-2015 and Future Tax Years Within and Relating to Community Facilities District No.11,Annexation No. 56, Final Tract Map No. 6063. EXECUTIVE SUMMARY City of Fresno Printed on 9/23/2014Page 1 of 3 powered by Legistar™ File #:ID#14-363,Version:1 On August 28,2014,the Council of the City of Fresno (“Council”)adopted Council Resolution No. 2014-137 with the intent to annex territory to Community Facilities District No.11 (“CFD No.11”)at the request of the landowner of Final Tract Map No.6063 (“T6063”).This is the noticed public hearing to consider annexing T6063 as Annexation No.56 to CFD No.11 to provide funding for the operation and reserves for maintenance (“Services”)pertaining to all ground level infrastructure within the street rights-of-way of East Carnoustie Avenue;to include concrete curbs,gutters and sidewalks,street paving,street signage and street lighting associated with this subdivision.The cost for Services is $148/lot annually (totaling $1,480).If approved,the recommended resolutions and ordinance will levy a Special Tax on the properties in T6063 for identified Services.(See attached location and features map.) BACKGROUND On November 15,2005,the Council adopted Council Resolution No.2005-490 forming CFD No. 11 to fund the maintenance of landscaping,open spaces,local streets,local street lights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno Municipal Code (“City Law”). The landowner of T6063 has petitioned the City of Fresno to be annexed into CFD No.11 to provide funding for the operation and reserves for maintenance (“Services”)pertaining to all ground level infrastructure within the street rights-of-way of East Carnoustie Avenue;to include concrete curbs,gutters,and sidewalks,street paving,street signage and street lighting associated with this subdivision.Pursuant to this petition,the Council adopted Council Resolution No.2014- 137,declared its intention to annex the T6063 to CFD No.11,and set the public hearing for formal consideration. (See attached location and features map.) Resolution No.2014-137 also directed the preparation of an Engineer’s Report describing the Services and the costs of those services and this report is on file with the City Clerk. If adopted by the Council,the attached ordinance would levy the proposed Maximum Special Tax of $148 per residential lot (totaling $1,480)to provide Services for FY14-15.The Maximum Special Tax will be adjusted upward annually by 3%plus the rise,if any,in the Construction Cost Index for the San Francisco Region. The levy of the special tax is subject to approval by the qualified electors through a special election.Two additional resolutions are attached for Council consideration pertaining to this special election. Today’s public hearing has been duly noticed and the attached ordinance and resolutions have been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this hearing does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. City of Fresno Printed on 9/23/2014Page 2 of 3 powered by Legistar™ File #:ID#14-363,Version:1 LOCAL PREFERENCE Local preference was not considered because this hearing does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved.All costs for services will be borne by the property owners within the subject tract. Attachments:Location Map Feature Map Resolutions (3) Ordinance City of Fresno Printed on 9/23/2014Page 3 of 3 powered by Legistar™ CITY OF PUBLIC WORKS DEPARTMENT TRAFFIC AND ENGINEERING SERVICES DIVISION UJz.ol-attYOtñÍoË oeó = *É*r-ËËHËËäs;t9<sfL¿ TRACT 6063 COPPER INTERNATIONAL BEFTYMER PERRIN SHEPHERD TEAGUE NEES ALLUVIATALLUVIAL HERNDON -SIERRA -BULL\RD -EARSTOW -SHAW -GETTYSBURG -ASHUN -DAKOTA -SHIELDS -CLINTON -MCKTNLEY -oLIVE -BELMONT -N|ELSON -wHfrES BRTDGE -KEARNEY - ||tazanY< 3ËäÞ=ilEã DAKOTA SHIELDS CTINTON MCKINLEY OLIVE BELMONT lULARE KINGS CAI.TYON SUTLER CALJFORNIA CHURCH JENSEN ANNADALE NORTH ÈË-.4 É.<aD> 9 +ú =3i.'*FIllz. lJI -e CENTRAL an4ãiJ2<)zf É.9tlJzl,lãoÍ =Éã9Oi^É.ILsllJ&fL UJt-=l¡J àp Ë3 LOCATION MAP ANNEXATION NO. 56 COMMUNITY FACILITIES DISTRICT NO.11 crïY oF PUBLIC IVORKS DEPARTMENT TRAFFIC AND ENGINEERING SERVICES DIVISION FEATURES TO BE ADDED BY ANNEXATION NO. 56 COMMUNIW FACILITIES DISTRICT NO. 11 FINAL TRACT MAP NO. 6063 - NO PHASES CONCRETE IMPROVEMENTS: CURB & GUTTER = 620 LF SIDEWALK : 5,150 SF DECORATIVE STREEI LIGHTS: TOTAL = 1 FACH INTERIOR PAVEMENT: TOTAL AREA : 1 1,520 SF "ç PARK & R s ' ll t-1t ; 3 ARNO )3 /€ st RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 11 AND AUTHORIZING THE LEVY OF A SPECIAL TAX FOR ANNEXATION NO. 56 WHEREAS, on August 28, 2014, the Council of the City of Fresno ("Council") adopted Resolution No. 201 4-137 to Annex Final Tract Map No. 6063 to the City of Fresno, Community Facilities District No. 1 1 ("CFD No. 1 1") and to Authorize the Levy of Special Taxes, pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Arlicle 3, of the Fresno Municipal Code ("City Law"); and WHEREAS, Resolution No. 2014-137, incorporating a map of the area proposed for annexation to CFD No. 11, and stating the Services (as hereafter defined) to be provided, the estimated maximum cost of providing such Services, and the rate and method of apportionment of the special tax to be levied within Annexation No. 56 of CFD No. 11 to pay for the Services with respect to Annexation No. 56 of CFD No. 11, is on file with the City Clerk of the City of Fresno ("City Clerk"), and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this Council held a noticed public hearing, as required by City Law and Resolution No. 201 4-137, concerning the annexation of territory to the CFD No. 1 1; and WHEREAS, at the hearing all interested persons desiring to be heard on the annexation of territory to the CFD No. 11, the facilities and services to be provided therein, and the levy of said special tax were heard; and Date Adopted: Date Approved: Effective Date: City Attorney Approval: 1of 5 Resolution No. WHEREAS, at the hearing evidence was presented to this Council on the proposed annexation before it, including a reporl by the Public Works Director ("District Report") as to the services to be provided through the CFD No. 11 and the costs thereof, and a copy of the District Report is on file with the City Clerk; and WHEREAS, the City Clerk or designee did not receive written protests with respect to the proposed annexation, the specified types of services to be furnished therein, or the rate and method of apporlionment of the special taxes therein, from at least 50 percent (50%) of the registered voters residing within the territory proposed to be annexed, or from property owners not exempt from the special tax and owning at least one-halÍ (Vz) of the area of land within the proposed annexation; and WHEREAS, the special tax proposed to be levied upon the territory, if annexed, to pay for the proposed Services (set forth in page A-1 of Exhibit A hereto), has not been eliminated through protest of at least fifty percent (50%) or more of the registered voters residing within the territory proposed for annexation, or through protests of landowners not exempt from the special tax and owning at least one-half (yz) of the area of land within the proposed annexation. NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as follows: 1. Recitals. The foregoing recitals are true and correct. 2. No Maiority Protest. The proposed special tax to be levied within the proposed annexation has not been precluded by majority protest pursuant to City Law. 3, Prior Proceedinqs. The Council duly considered all prior proceedings for the proposed annexation and the levy of the special tax therein, and finds and determines that the proceedings are valid and conform to the requirements of City Law. This Council finds 2of5 and determines that the proposed annexation conforms to the goals and policies that this Council adopted respecting the formation of CFD No. 11. 4. Boundaries Described. The boundaries of the proposed annexation, set forth in the map of the area proposed for annexation to CFD No. 11, recorded in the Fresno County Recorder's Office in Book 44 al page 18 of Maps of Assessment and Community Facilities Districts, are approved, incorporated herein by reference, and shall be the boundaries of the CFD No. 11. 5. Services. The types of public services proposed to be financed by Annexation No. 56 of CFD No. 11 and pursuant to City Law are those listed as services on page A-1 of Exhibit A in the District Report on file with the City Clerk (the "Seruices"). A copy of which is attached as Exhibit A and incorporated herein by this reference. 6. Special Taxes. Except to the extent that funds are othenruise available to CFD No. 11 to pay for the Services, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all nonexempt real property in CFD No. 11, including the territory to be annexed, will be levied annually within CFD No. 11, and collected in the same manner as ordinary ad valorem properly taxes or in any other manner as this Council or its designee shall determine, including direct billing of the affected properly owners. The proposed rate and method of apporlioning of the special tax among the real property parcels within the territory of the proposed annexation, in sufficient detail to allow each landowner within the territory of the proposed annexation to estimate the probable maximum amount such owner must pay, are described in the District Reporl on file with the City Clerk and attached hereto as Exhibit B and incorporated herein by this reference. T. Tax Collection Authoritv. The Public Works Director of the City of Fresno or his designee, 2600 Fresno Street, Fresno, California 93721 telephone number (559) 3of5 621-14g2 is the officer who will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to city Law. B. Tax Lien. Upon recordation of a notice of special tax lien, pursuant to section 3114.5 of the california streets and Highways code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the proposed annexation area. This lien shall continue in force and effect until the special tax obligation ceases and the lien is canceled in accordance with law or until collection of the tax by the CitY ceases. 9. Appropriations Limit. ln accordance with City Law, the annual appropriations limit, as defined by subdivision (h) of Section I of Article Xlll B of the California Constitution, of the proposed annexation, is hereby preliminarily established at $500,000.00 and said appropriations limit shall be submitted to the voters of the proposed annexation as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of City Law. 10. Election. Pursuant to the provisions of City Law, the levy of the special tax and the proposition to establish the appropriations limit specified above shall be submitted to the qualified electors of the proposed annexation at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council. 11. Effective Date. This Resolution shall take effect upon its adoption' Attachments: Exhibit A - Description of Services Exhibit B - Rate and Method of Apportioning of special Tax 4of5 ************** STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO day of AYES :NOES : ABSENT : ABSTAIN : Mayor Approval: ÞÞ. l, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the ,2014. Mayor Approval/No Return: ,2014 ,2014 Mayor Veto:2014 Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE YVONNE SPENCE, CMC City Clerk ,2014 BY: Deputy BY: Raj Singh Badhesha, DePutY 5of5 EXHIBIT A CITY OF FRESNO Community Facilities District No' 11 Annexation No.56 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 56 (t inal Tract Map No' 6063) The operations and reserves for maintenance ("Services") that are to be- financed by community Facilities District No, 1 1 ("cFD No. 1 1") for Final Tract Map No' 6063, Annexation No. 56 are generally as described below' Services shall include all costs attributable and/or replacing all ground level infrastruct within the City of Fresno street rights-of-wa concrete curbs and gutters, and sidewalks, street paving associated with this subdivision' Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno ("City") may incur in administering CFD No' 1 1' All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City' Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing thé City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provisìon of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation 56 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No' 11. A-1 EXHIBIT A CITY OF FRESNO Community Facilities District No. 11 Formation Description of Services currently financed by Community Facilities District No. 11 The services that are to be financed ("Services") by Community Facilities District No. 11 ("CFD No. 1 1") are any and all Services defined by City of Fresno Speci_al Tax Èinancing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roãs Community Facilities Act of 1982 (Chapter 2,5 commencing with Section 5331 1, of Pafi 1, Division 2, Title 5 of the California Government Code.) l. Services may include all costs attributable to maintaining, seruicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) in public street rights-of-way, public iandscape easements, public trail areas, parkways, and other similar landscaped areas officially dedicated for public use' ll. General maintenance will include, without limitation, mowing, edging, feftilizing' seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and s-hrubs; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. ll. Seruices may include all costs attributable to cleaning, maintaining, servicing, repairing anó/or replacing all local ground level street infrastructure (may include reserveð for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture' lll. Services may include costs attributable to police, fire, traffic control, street lighting and recreational seruices. Maintenance costs will also include a proportionate share of all other expenses that the city of Fresno ("city") may incur in administering the cFD No. 11. All services shall be provided by the city, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide fır the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes within the CFD No. 1 1. A-2 EXHIBIT B CITY OF FRESNO Community Facilities District No. 11 Annexation No.56 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year's seruice for FY 2014-2015 ITEM DESCRIPTION ESTIMATED COST 1 2 3 Other Operational Costs Reserve for RePlacement lncidental Expenses $4e.00 $1,281.00 $150.00 Total $1,480.00 Subdivision APProPriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 63 $148.00 10 $500,000.00 Copper Park LLC City of Fresno B-1 EXHIBIT B Community Facilities District No. 11 Annexation No.56 Rate and Method of Apportionment of Special Tax 11, unless exempted by law or by the provisions of section E below, shall be taxed for the purposes, to the óxtent, an-d in ine manner herein provided, including property subsequently annexed to cFD No. 11 unless a separate Rate and Method of Apportíonment of Special Tax is adopted for the annexation area' A. DEFINITIONS The terms hereinafter set forth have the following meanings: ,,Assessor,s parcel,' or "Parcel" means a lot or parcel shown on an assessor's parcel map with an assigned assessor's parcel number' ,,Assessor,s parcel Map" means an official map of the County Assessor of the County of Fresno designating parcels by assessor's parcel number' "City" means the CitY of Fresno. ,,City Law,, means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. ,,Council,, means the City Council of the City of Fresno, acting as the legislative body of CFD No.11. ,,Developable Lot', means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed' ,,Excluded parcels,, means those assessor's parcels identified as ineligible for inclusion in cFD No. 11 as shown in "Attachment 1" of ihis Rate and Method of Apportionment of Special Tax. ,,Final Map" means a final map, or portion thereof, approved by the council of the city of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developäbte tots for which building permits may be issued' The term ',Final Map,' shall not include any assessor's parcel map or subdivision map or po,tion thereof that does not create individual developable lots for which a building permit may be issued, inctuOing assessor's parcels that are designated as remainder parcels' B-2 EXHIBIT B ,,Fiscal Year" means the period starting April 1 and ending on the following March 31' ,,Maximum special Tax" means the maximum special tax, determined in accordance with section c, which can be levied in any Fiscal Year. "Proportionately" means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is eqrát for all assr ssor's parcels in CFD No' 11' ,,Public Property" means any property within the-boundaries of cFD No' 11 that is owned by thä federal government, t'he étate of California or other local governments or public agencies. ,,Reserve for Replacement" means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e¡ i+¡, as a seruice cost or expense and not as payment for public facilities under Government Code Section 53321(d)' "Residentiat Unit" means a residential d unattached homes, condominiums, town h individual apaftment units in a multi-family bt taxes pursuant to Section C below, "Residenti built on taxable p.p"rtv in cFD No. 11, as well as dwelling units planned, but not yet built, when the specialtax is levied each fiscal year' ,,shared services" means the costs of services are paid equally by the property owners of two or more subdivisions. ,,special Tax,, means any special tax to be levied each fiscal year on assessor's parcels of taxable property to funó thre Special Tax F equirement as defined below' "special Tax Requirement" means the a auihorized maintenance and improvement CFD No. 11, and (iii) cure any delinquenci prior fiscal years or (based on delinquenc already taken place) are expected to oc collected. ,,subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any Portion the assessment roll as a unit or as contig financing whether immediate or future' even if it is seParated bY roads, str "subdivision" includes a condominium pro Code, a community apartment project, as d B-3 EXHIBIT B "Taxable Property" means all of the assessor's parcels within the boundar¡es of CfO No. 11 which are n-ot exempt from the special tax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno ("City") or its designee shall determine how many residential uniis are built, or allowed to be built, on assessor's parcels within CFO No. i L For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel' Once a single-family attached building or buildings have been built on an assessor's parcel, the -City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAX¡MUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor's parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional propefty is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 201 4-2015 for a residential unit within Final Tract Map No' 6063 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 201 4-201 51. Final Tract Map Number**Maximum Special Tax 6063 $148.00 per Residential Unit .Beginning in January of each year, the MST shall be adjusted upward annlrally ly 3% ptus itre rise, if any, in the Construction Cost lndex (CCl) for the San Francisco Region for the prior 12-month period (December through December) as published in the Enqineerinq News Record, or published in a comparable index if the Enqineerinq News Record is discontinued or othenrvise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. *" A Special Tax shall be levied on all parcels within an identified final map e excluded parcels as identified in Attachment 1. B-4 EXHIBIT B D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal year 2014-2015, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable properly within CFD No. 11 based on applying the Maximum Special 'Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No.11; lf the amount determined in Step 1 is qreater than or equal to the amount calculated in Step 2,levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; lf the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proporlionately against all parcels of taxable proþerty up to 100% of the Maximum Special Tax for each subdivision as ideniified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No, 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No' 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes àirectly to the ptopórty owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent' E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Speciãl Táx shall be levied on parcels that have been conveyed to a. public agency, except as othenruise provided in City Law. ln addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots' B-5 EXHIBIT B ATTACHMENT "1'' City of Fresno Community Facilities District No. 11 Annexation 56 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6063 B-6 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, CALLING SPECIAL MAILED-BALLOT ELECTION COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 56 WHEREAS, on August 28,2014, the Council of the City of Fresno ("Council") adopted Resolution No. 201 4-197 to annex Final Tract Map No. 6063 to City of Fresno Community Facilities District No. 1 1 ("CFD No. 1 1") and to authorize the levy of special taxes; and WHEREAS, Resolution No. 2014-137 identified the seruices to be provided by Annexation No. 56 of CFD No. 11 and provided an estimate of the cost of providing those services; and WHEREAS, Resolution No. 2014-137 contemplated the imposing of a special tax upon those properties within Annexation No. 56 of CFD No. 11 receiving said services; and WHEREAS, a repoft has been filed with the City Clerk of the City of Fresno ("City Clerk") that describes the proposed rate and method or apportionment of the special tax among the parcels of real property proposed to be annexed to CFD No. 11 in sufficient detail to allow all interested parties to estimate the maximum amount each property owner must pay; and WHEREAS, the levy of said proposed special tax shall be subject to the approval Date Adopted: Date Approved: Effective Date: City Attorney ApProval : 1 o17 Resolution No. of the qualified electors of the territory proposed to be annexed to CFD No. 11 at a special election; and WHEREAS, the Public Works Director has filed a Certificate (the "Ceftificate") in these proceedings providing that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed for annexation to CFD NO. 11. NOW, THEREFORE, BE lT RESOLVED by the council as follows: 1. The levy of a special tax proposed in Resolution No. 2014-137 shall be submitted to the voters pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code ("City Law"). 2. The setting of the appropriations limit shall be submitted to the voters pursuant to City Law. 3. The two ballot items described above shall be combined into a single ballot measure pursuant to City Law. The ballot language shall be as shown on the ballot form attached as Exhibit A, which is hereby approved. 4. This Council accepts the Certificate of the Public Works Director filed in these proceedings and, based on the Certificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 11. Accordingly, under City Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 11. 5. The Council furlher finds that the landowners of record owning property within the territory proposed to be annexed to CFD No. 11 are those set forth in the attachment to the Cerlificate and that the attachment correctly sets forth how much property owned by each landowner and the number of votes to which each is entitled. 2of7 O. This Council approves the form, attached behind Exhibit A, attached as Exhibit B, entitled Waiver and Consent From Sole Properly Owner Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in CFD No. 11, Annexation No. 56, City of Fresno, County of Fresno, State of California. This Council finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under City Law, and that the waiver constitutes a full and knowing waiver by any voter who has executed the form of these rights, procedures and time periods, 7. Accordingly, this Council calls the special election described herein and sets October 2, 2014, as Election Day. Pursuant to City Law, the election shall be conducted by mailed ballot. L The City Clerk or designee is directed to mail or to deliver the ballots, in the form of Exhibit A hereto, to the landowners shown on the attachment to the Certificate. The City Clerk or designee shall fill in the names of the landowners and the number of votes to be cast on each ballot, according to the Certificate, before delivery or mailing. g. The City Clerk or designee shall accept personal or mail delivery of the ballots at any time up to the hearing on October 2, 2014. Upon receipt of all eligible ballots, however, the City Clerk or designee shall immediately close the election and declare the results to the Council. Attachments: Exhibit A - Special Election Ballot Exhibit B - Waiver and Consent From Sole Propefty Owner ************** 3 o17 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss' crTY oF FRESNO ) l, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of AYES : NOES: ABSENT: ABSTAIN: ,2014. Mayor Approval:2014 Mayor Approval/No Return:,2014 Mayor Veto:,2014 Council Override Vote: ,2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Raj Singh Badhesha, DePutY 4of7 EXHIBIT A SPECIAL ELECTION BALLOT (Mailed-Ballot Election) Community Facilities District No. 11 Annexation No.56 This ballot is for the use of the Copper Park LLC, the sole landowner owning land (Final Tract Map No. 6063) within Community Facilities District No. 11, Annexation No. 56, City of Fresno, County of Fresno, State of California' According to the provisions of the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the City of Fresno Municipal Code, and the resolutions of the City Council of the City of Fresno, the above-named landowner is entitled to cast two (2) votes on this ballot. ln order to be counted, the ballot must be returned prior to the hearing on October 2, 2014, to Yvonne Spence, CMC, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, CA93721' Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. AN "X'' OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED BALLOT MEASURE Shall the City of Fresno be authorized to levy a special tax, and finance the authorized services, and costs and expenses by and through its Community Facilities District No. 11, Annexation No. 56, all as specified in its Council Resolutions No. and No, ; and shall the appropriations limit for Community Facilities District No. 11 Annexation No' 56 be established in accordance therewith? Number of Votes YES Number of Votes NO 5 oÍ7 EXHIBIT A CERTIFICATION The undersigned is the authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and- correót -and that this declaration is executed on ,2014. Company Name: By: Print Name: Print Title: (Attach Notary Acknowledgment) 6oÍ7 EXHIBIT B WAIVER AND CONSENT FROM SOLE PROPERTY OWNER SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING MAILED.BALLOT ELECTION Community Facilities District No. 11, Annexation No' 56 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized represenlative of the sole owñer of the property (Final Tract Map No. 6063) in this mailed-ballot election to be conducted within Community Facilities District No. 11 Annexation No. 56, to determine, among other things, whether the rate and method of apportionment of the annual special taxes shall be approved. The undersigned hereby waives any and all minimum time periods relative to the election pursuant toìfre City of Éresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code ("City Law"). The undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measu-re, as well as arguments in favor and against, under the authority of City Law. The undersigned hereby waives the requirement to publish notice of the election under City Law. The undersigned hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot. The undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in City Law. The undersigned hereby waives any and all defects in notice or procedure in the conduct of the election, whéther known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the undersigned. I declare, under penalty of perjury, under the laws of the State of California, that I am the person legally entitled and auihor¡zeá tó cast the ballot as the authorized representative of the iandownei set tortn in the first paragraph hereof, and to waive and consent to the above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on 2014. Company Name By: Print Name Print Title 7 oÍ7 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNo, CALIFoRNIA, DEOLARING ELECTIoN RESULTS COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO, 56 WHEREAS, on October 2, 2014, the Council of the City of Fresno ("Council") adopted Council Resolution No. 201 4 -- calling a special mailed-ballot election on levying special taxes on land within, and on approving an annual appropriations limit for Annexation No. 56 to Community Facilities District No. 11 ("CFD No' 11"); and WHEREAS, the Council has received, reviewed and hereby accepts the City of Fresno City Clerk's ("City Clerk") Canvass and Statement of Election Results, dated ,2014, a copy of which is attached as Exhibit A; NOW, THEREFORE, BE lT RESOLVED by the council of the city of Fresno as follows: 1. The Council finds and declares that: (a) the ballot measure on the levy of taxes and approval of an annual appropriations limit for Annexation No. 56, has been submitted to the qualified electors within the area of Annexation No. 56, pursuant to Council Resolution No. 201 4 --, and (b) the ballot measure has been passed and approved by more than two-thirds of the votes cast, in accordance with City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno municipal Code ("City LaW'). Date Adopted: Date Approved: Effective Date: City Attorney APProval: 1oÍ4 Resolution No. 2. The Council declares Annexation No. 56 to be fully formed and the property within Annexation No. 56, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 201 4 --, annexing Final Tract Map No' 6063 as Annexation No. 56, and authorizing the levy of a special tax therein, and Council Resolution No. 97-126, approving local goals and policies for Community Facilities Districts, as described in the Community Facilities District Report dated as of August 29, 2014, on file with the CitY Clerk. 3. The Council directs the City Clerk or designee to record a notice of special tax lien in the Office of the County Recorder, pursuantto City Law, no laterthan 15 days after this resolution is adoPted. Attachment: Exhibit A - Canvas and Statement of Election Results ************** 2of4 srATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss' crTY oF FRESNO ) l, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of ,2014. AYES :NOES : ABSENT : ABSTAIN : Mayor Approval: Mayor Approval/No Return: Mayor Veto: 2014Council Override Vote: YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Raj Singh Badhesha, DePutY ,2014 ,2014 ,2014 BY: 3of4 EXHIBIT A CANVASANDSTATEMENToFELECTIoNRESULTS Community Facilities District No. 11 Annexation No.56 l, YVONNE SPENCE, City clerk of the city of Fresno, hereby ceftify: I have personally received and assembled all ballots eligible to be cast in the special mailed-ballot, landowner election called by the Council of the City of Fresno in its Council Resolution No. 2014--on propositions to levy a special tax within and approve an appropriations limit for Community Facilities District No. 11, Annexation No' 56, and held on October 2,2014. ln accordance with my instructions contained in that Resolution, I hereby declare the election closed' I personally, in the presence of members of City of Fresno staff representing the public Works Department, as well as the City Clerk's Office, have counted the ballots and canvassed the returns of such election, and hereby certify that the result of that count is as follows and that the following total votes cast for and against such propositions, the total votes and the percentage of "yes" votes cast are true and correct' Total Votes that could be cast Total Votes Cast "Yes Total Votes Cast "No" Total Votes Cast The Votes cast "Yes" equal 100% of the total votes cast. I make this cerlification on 2014. ATTEST: Yvonne Spence, CMC City Clerk By Deputy 2 2 0 2 4ol4 BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO' CALIFORNIA, LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 2014-2015 AND FUTURE TAX YEARS WITHIN AND RELATING TO COMMUNITY FACILITIES DISTRICT NO. 11, ANNEXATION NO. 56 WHEREAS, on October 2, 2014, the Council of the City of Fresno ("Council") adopted Council Resolution No. 201 4 --, a resolution of the Council annexing territory to Community Facilities District No. 11 as Annexation No. 56, authorizing the levy of a special tax therein to pay for certain facilities and services for Annexation No' 56, and preliminarily establishing an appropriations limit therefore ("Annexation Resolution"), pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code ("City Law"); and WHEREAS, by Council Resolution No. 201 4 --, the Council called a special election on the proposition on levying a special tax and establishing an appropriations limit within Annexation No. 56; and WHEREAS, on October 2,2014, an election was held within Annexation No.56 and, as required by City Law, the ballot measure was passed and approved by more than two-thirds of the votes cast. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: 1. Pursuant to City Law, and in accordance with the Rate and Method of Apportionment of Special Tax as shown in Exhibit B to the Annexation Resolution, a special tax is hereby authorized and levied on all taxable parcels within Annexation No. 56 for the 201 4-2015 fiscal year and for each future fiscal year at the same or at a rate lower than the maximum rate of tax provided in Exhibit B to the Annexation Resolution. By a resolution of this Council, the tax rate may be adjusted annually, subject to such maximum rate of tax. The special taxes levied in any fiscal year on any parcel within Annexation No. 56 shall not exceed the maximum special tax specified in Exhibit B to Page 1 of 3 Date Adopted: Date Approved Effective Date: City Attorney Approval: Ordinance No. the Annexation Resolution. 2. The public Works Director or his designee is authorized and directed, with the aid of the appropriate officers and agents of the City of Fresno ("City of Fresno"), to determine each year, the Special Tax Requirement (as that term is defined in Exhibit B of the Annexation Resolution), to prepare the annual special tax roll in the amount of Special Tax Requirement in accordance with said Exhibit B and, without further action of this Council, to provide all necessary and appropriate information to the County of Fresno ("County") Auditor in the form, and within the time, necessary to effect the correct and timely billing and collection of the special tax on the secured property tax roll of the County. The special tax shall be levied and collected in the same manner, shall be subject to the same penalties and the same lien priority, and the same procedure and sale for delinquency, as for ad valorem taxes. Notwithstanding the foregoing, as set forlh in the Annexation Resolution and City Law, this Council reserves the right to use any method of collecting the special tax, which the Council, from time to time, may determine to be in the best interests of the City including, without limitation, direct billing by the City to the property owners and supplemental billing. The Public Works Director or his designee is further authorized and directed to furnish the notices of special tax required by Section 5gg4}.2 of the California Government Code' 3. The appropriate officers and agents of the City are furlher authorized and directed to adjust the special tax roll before the final posting of the special taxes to the County tax roll each fiscal year, as necessary to achieve a correct match of the special tax levy with the county assessor's parcel numbers finally used by the County in sending out ProPertY tax bills. 4. lf a court of competent jurisdiction finds any part of this Ordinance to be invalid or the special tax to be inapplicable to or unreasonable for any parlicular parcel, the balance of this ordinance and the application of the special tax to the remaining parcels, shall not be affected and shall remain in full force and effect. S. This Ordinance shall take effect and be in force immediately upon the date of final passage, as a tax measure, pursuant to City Chafter, Article Vl, Section 610' 2 o13 STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO ************** SS, l, yVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the daY of ,2014' AYES :NOES : ABSENT : ABSTAIN : Mayor Approval:2014 2014Mayor Approval/No Return: Mayor Veto:,2014 ,2014Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: YVONNE SPENCE, CMC City Clerk BY: Deputy Raj Singh Badhesha, DePutY 3of3 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-420,Version:1 REPORT TO THE CITY COUNCIL October 2, 2014 FROM:JENNIFER CLARK, Director Development and Resource Management Department SUBJECT Sign Ordinance Workshop RECOMMENDATION Staff will present a workshop on sign ordinance options. EXECUTIVE SUMMARY The Fresno Municipal Code is currently undergoing a review as a part of the Development Code update.Certain pertinent sections relate to signage.This workshop will provide a broad overview of sign regulations and sign types that may be considered in the Development Code update. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT N/A City of Fresno Printed on 9/26/2014Page 1 of 1 powered by Legistar™