Clovis City Council
July 18, 2022

July 18, 2022 - 1 - 3:31 PM A G E N D A • C I T Y C O U N C I L M E E T I N G

July 18, 2022 6:00 PM Council Chamber

In compliance with the Americans with Disabilities Act, if you need special assistance to access the City Council Chamber to participate at this meeting, please contact the City Clerk or General Services Director at (559) 324 -2060 (TTY – 711). Notificatio n 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Chamber.

The Clovis City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you are able to attend in person; you may submit written comments as described below; you may participate by calling in by phone (see “Verbal Comments” below); and you may view the meeting which is webcast and acces sed at www.cityofclovis.com/agendas.

Written Comments

 Members of the public are encouraged to submit written comments at:
www.cityofclovis.com/agendas at least two (2) hours before the meeting (4:00 p.m.). You will be prompted to provide:

 Council Meeting Date
 Item Number
 Name
 Email
 Comment

 Please submit a separate form for each item you are commenting on.

 A copy of your written comment will be provided to the City Council noting the item number.

If you wish to make a verbal comment, please see instructions below.

 Please be aware that any written comments received that do not specify a particular agenda item will be marked for the general public comment portion of the agenda.

 If a written comment is received after 4:00 p.m. on the day of the meeting, efforts will be made to provide the comment to the City Council during the meeting. However, staff cannot guarantee that written comments received after 4:00 p.m. will be provided to City Council during the meeting. All written comments received prior to the end of the meeting will be made part of the record of proceedings.

Council Chamber, 1033 Fifth Street, Clovis, CA 93612 (559) 324-2060 www.cityofclovis.com
1 July 18, 2022 - 2 - 3:31 PM Verbal Comments

 If you wish to speak to the Council on an item by telephone, you should contact the City Clerk at (559) 324-2060 no later than 4:00 p.m. the day of the meeting.

 You will be asked to provide your name, phone number, and your email. You will be emailed instructions to log into Webex to participate in the meeting. Staff recommends participants log into the Webex at 5:30 p.m. the day of the meeting to perform an audio check.

 All callers will be placed on mute, and at the appropriate time for your comment your microphone will be unmuted.

 In order for everyone to be heard, please limit your comments to 5 minutes or less, or 10 minutes per topic

Webex Participation

 Reasonable efforts will be made to allow written and verbal comment from a participant communicating with the host of the virtual meeting. To do so, a participant will need to chat with the host and request to make a written or verbal comment. The host w ill make reasonable efforts to make written and verbal comments available to the City Council. Due to the new untested format of these meetings, the City cannot guarantee that these written and verbal comments initiated via chat will occur. Participants desiring to make a verbal comment via chat will need to ensure that they accessed the meeting with audio transmission capabilities.

CALL TO ORDER

FLAG SALUTE - Councilmember Whalen

ROLL CALL

PUBLIC COMMENTS - This is an opportunity for the members of the public to address the City Council on any matter within the City Council’s jurisdiction that is not listed on the Agenda. In order for everyone to be heard, please limit your comments to 5 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic should contact the City Manager’s office and submit correspondence at least 10 days before the desired date of appearance.

ORDINANCES AND RESOLUTIONS - With respect to the approval of resolutions and ordinances, the reading of the title shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, furth er reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

CONSENT CALENDAR - Items considered routine in nature are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the C onsent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
2 July 18, 2022 - 3 - 3:31 PM

1. Administration - Approval - Minutes from the July 5, 2022, Council Meeting.

2. Administration - Approval – Waive Normal Purchasing Process and Approve th e Purchase of Replacement Desktop Computers and Servers using Competitively Bid Contracts with Purchasing Provisions for California State and Local Government Agencies.

3. Finance – Receive and File – Findings & Recommendations from Community Facilities District Citizens Committee.

4. Finance - Approval - Res. 22-___, Measure C Extension Local Transportation Pass Through Revenues Certification and Claim Forms for 2022-23.

5. General Services – Approval - Claim Rejection of the General Liability Claim on behalf of Juan De La Torre.

6. General Services – Approval – Res. 22-___, Amending the City’s FY 22 -23 Position Allocation Plan by deleting two (2) Principal Office Assistant positions and adding two (2) Staff Analyst positions within the Fire Department.

7. Planning and Development Services – Approval – Bid Award for CIP 21 -10 Fowler Avenue Street Improvements and Authorize the City Manager to Execute the Contract on behalf of the City.

8. Planning and Development Services – Approval – Final Acceptance for CIP17 -28 Sunnyside Avenue Bike Lane.

9. Planning and Development Services - Approval – Res. 22-___, Final Map Tract 6166, located in the southeast area of Highland and Gettysburg Avenues (Lennar Homes of California, LLC).

10. Planning and Development Services - Approval – Res. 22 -___, Annexation of Proposed Tract 6166, locat ed in the southeast area of Highland and Gettysburg Avenues to the Landscape Maintenance District No. 1 of the City of Clovis (Lennar Homes of California, LLC).

PUBLIC HEARINGS - A public hearing is an open consideration within a regular or special meeting of the City Council, for which special notice has been given and may be required. When a public hearing is continued, noticing of the adjourned item is required as per Government Code 54955.1.

11. Consider Approval - Res. 22-___, SPR2001-018A2, A request to approve a site plan review amendment for the construction of a new ± 2,500 square foot visitor center for the Botanical Garden located at 945 N. Clovis Avenue. Clovis Botanical Garden, Anne Clemons, applicant; City of Clovis, owner; Dwight Kroll, representative.

Staff: Lily Cha, Senior Planner
Recommendation: Approve

ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.

12. Consider Adoption – Ord. 22-06, R2008-007A3, A request to amend the Loma Vista Community Centers North and South Master Plan to remove the planned local street identified as Marengo Avenue within Pl anning Area 1 and Planning Area 2 and to adjust the underlying R -3 Zone District to reflect the modified circulation layout. AP Multifamily, LP, property owner; Wathen Castanos Homes, applicant; Precision Civil Engineering, representative. (Vote: 4-0-1 with Councilmember Whalen absent)

Staff: Karey Cha, City Clerk
Recommendation: Adopt
3 July 18, 2022 - 4 - 3:31 PM

COUNCIL ITEMS

13. Consider Approval – Appointment to City Representative to the Governing Board of the Fresno Metropolitan Flood Control District (FMFCD) Board of Directors.

Staff: John Holt, City Manager
Recommendation: Approve

14. Consider Approval – A Request from the 500 Club Casino for the City Council to Oppose Proposition 26 Which, if Passed, Would Legalize Sports Betting at American Indian Gaming Casinos and Licensed Racetracks in California.

Staff: John Holt, City Manager
Recommendation: Approve

15. Consider – To Provide Direction on the Measure C Renewal, a half -cent sales tax dedicated to funding new roads, freeways, sidewalks, trails and public transportation in Fresno County Renewal being considered by the Fresno County Transportation Authority.

Staff: Ryan Burnett, Engineering Program Supervisor
Recommendation: Provide Direction

CITY MANAGER COMMENTS

COUNCIL COMMENTS

CLOSED SESSION - A “closed door” (not public) City Council meeting, allowed by State law, for consideration of pending legal matters and certain matters related to personnel and real estate transactions.

16. Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: John Holt, Andrew Haussler, Shonna Halterman, and Scott G. Cross
Employee Organization: Unrepresented Employee: Management Employees

ADJOURNMENT

MEETINGS AND KEY ISSUES

Regular City Council Meetings are held at 6:00 P.M. in the Council Chamber. The following are future meeting dates:

Aug. 1, 2022 (Mon.)
Aug. 2 (Tue.) - Sep. 5 (Mon.) Summer Recess
Sep. 6, 2022 (Tue.)
Sep. 12, 2022 (Mon.)
Sep. 19, 2022 (Mon.)
4 PRELIMINARY - SUBJECT TO APPROVAL

CLOVIS CITY COUNCIL MEETING

July 5, 2022 6:00 P.M. Council Chamber

Meeting called to order by Mayor Flores at 6:02
Flag Salute led by Councilmember Mouanoutoua

Roll Call: Present: Councilmembers Ashbeck, Bessinger, Mouanoutoua, Mayor Flores

Absent: Councilmember Whalen

PRESENTATION – 6:03

6:03 – ITEM 1 - PRESENTATION RECOGNI ZING THE ACHIEVEMENT S OF MULTI -EMMY AWARD WINNER JEFF AIELLO.

The City Council recognized Jeff Aiello for his award -winning work and for the awareness his projects bring to issues in the Central Valley.

6:11 – ITEM 2 - PRESENTATION OF PROC LAMATION DECLARING J ULY AS PARKS AND RECREATION MONTH.

The City Council presented a proclamation declaring the month of July as Parks and Recreation Month, also recognizi ng the parks and recreation amenities and programs available in Clovis.

Eric Aller, City of Clovis Parks Manager, presented a video showcasing the parks amenities and recreation programs offered by the City of Clovis.

PUBLIC COMMENTS – 6:18

Phil Flick, resident, shared concerns with the Senior Center transitioning to electronic payments for programs and activities.

CONSENT CALENDAR – 6:24

Motion by Councilmember Ashbeck, seconded by Councilmember Bessinger, that the items on the Consent Calendar be approved. Motion carried 4-0-1, with Councilmember Whalen absent.

3. Administration - Approved - Minutes from the June 20, 2022, Council Meeting.

4. General Services – Approved – Res. 22-65, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Employees Association.

5. General Services – Approved – Res. 22-66, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Firefighters Association.

6. General Services – Approved – Res. 22-67, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Public Safety Employees Association. 5 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

7. General Services – Approved – Res. 22-68, Approval of a Memorandum of Unders tanding between the City of Clovis and the Clovis Professional and Technical Association.

8. General Services - Approved - Res. 22-69, Approval of a Memorandum of Understanding Between the City of Clovis and the Clovis Public Works Employees Association.

9. General Services – Approved – Res. 22-70, Approval of a Memorandum of Understanding between the City of Clovis and the Confidential Technical and Financial Professionals.

10. General Services – Approved – Res. 22-71, Approval of a Memorandum of Underst anding between the City of Clovis and the Transit Employees Bargaining Unit.

11. General Services – Approved – Res. 22-72, Authorizing COVID Premium Pay for Unrepresented Extra Help Employees.

12. General Services – Approved – Res. 22-73, Adopting Wage and Benefit Changes for City of Clovis Unrepresented Management Employees for FY2022-2023, FY 2023-2024, FY 2024- 2025, and COVID Premium Pay for Unrepresented Management Employees.

13. General Services – Approved – Selection of Urban Transportation Associates for Transit Automated Passenger Counters and Authorize City Manager to Execute the Contract.

14. General Services – Approved – Res. 22-74, Authorizing Amendments to the Fire Inspector I and Fire Inspector II Classifications in the Fire Department.

15. General Services – Approved – Res. 22 -75, Amending the City’s FY 22 -23 Position Allocation Plan by deleting one (1) Staff Analyst position and adding one (1) Management Analyst position within the Planning and Development Services Department.

16. General Services – Approved – Res. 22 -76, Amending the City’s FY 22 -23 Position Allocation Plan by adding one (1) Senior Planner position within the Planning and Development Services Department.

17. General Services – Approved - Claim Rejection of the General Liability Claim on behalf of Marvanett Hodges.

18. Planning and Development Services – Approved – Bid Award for CIP 21 -02 Loma Vista Village Green; and construction management services contract award for CIP 21 -02 Loma Vista Village Green; and Authorize the City Manager to Execute the Contracts on behalf of the City.

19. Planning and Development Services - Approved – Res. 22-77, Final Map Tract 6404, located in the northwest area of Shaw and Highland Avenues (BN 6304 LP (Bonadelle Homes)).

20. Planning and Development Services - Approved – Res. 22-78, Annexation of Proposed Tract 6404, located in the northwest area of Shaw and Highland Avenues to the Landscape Maintenance District No. 1 of the City of Clovis (BN 6304 LP (Bonadelle Homes)).

PUBLIC HEARINGS – 6:26

6:26 – ITEM 21 - APPROVED – RES. 22-79, ADOPTION OF A RESOLUTION AMENDING THE 2019-2020 ACTION PLAN AND THE 2016-2020 CONSOLIDATED PLAN; AND CONSIDER APPROVAL – RES. 22-80, AMENDING THE FY 2022-2023 HOUSING AND COMMUNITY DEVELOPMENT BUDGET, TO INCREASE FUNDING BY $201,848 FOR THE EXPENDITURE OF COMMU NITY DEVELOPMENT BLO CK GRANT – CORONAVIRUS (CDBG-CV) FUNDS.

Motion for approval by Councilmember Ashbeck, seconded by Councilm ember Mouanoutoua. Motion carried 4-0-1, with Councilmember Whalen absent. 6 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

6:39 – ITEM 2 2 - CONDUCTED A PUBLIC HEARING AN D APPROVED - RES. 22 -81, A

RESOLUTION DECLARING THE RESULTS OF THE PROPERTY OWNER PROTE ST BALLOTING PROCEEDING S AND APPROVING THE ENGINEER’S REPORT FO R ASSESSMENT DISTRICT 95-1 (BLACKHORSE EST ATES) CONFIRMING THE ASSESSMENTS FOR THE 2022-23 FISCAL YEAR.

Craig, resident, commented on a question regarding the use of the word “protest” in the election information language.

6:52 – The Mayor directed the City Clerk to tabulate the ballots and adjourned the meeting to a recess.

7:08 – The Mayor called the meeting to order, and the City Clerk announced the results.

For the Blackhorse Estates Benefit Area II property owner protest, 50 ballots were received with 35 votes in support and 15 votes in opposition. The preliminary results showed that the proposed increase passed.

Motion for approval to accept the ballots and approve the Engineer’s Report as written by Councilmember Ashbeck, seconded by Councilmember Bessinger. Motion carried 4 -0-1, with Councilmember Whalen absent.

7:10 – ITEM 23 – APPROVED INTRODUCTION – ORD. 22-06, R2008-007A3, A REQUEST TO

AMEND THE LOMA VISTA COMMUNITY CENTERS NORTH AND SOUTH MASTER PLAN

TO REMOVE THE PLANNE D LOCAL STREET IDENT IFIED AS MARENGO AVE NUE WITHIN PLANNING AREA 1 AND PLANNING AREA 2 AND TO ADJUST THE UNDERLYING R -3 ZONE DISTRICT TO REFL ECT THE MODIFIED CIR CULATION LAYOUT. AP MULTIFAMI LY, LP, PROPERTY OWN ER; WATHEN CASTANOS HOMES, APPLICANT; PRECISION CIVIL ENGINEERING, REPRESENTATIVE. (CONTINUED FROM THE JUNE 20, 2022, COUNCIL MEETING.)

Adrian Burns, Wathen Castanos representative, addressed questions from the City Council regarding pedestrian walkways and street connections.

Motion for approval by Councilmember Ashbeck, seconded by Councilmember Mouanoutoua. Motion carried 4-0-1, with Councilmember Whalen absent.

ADMINISTRATIVE ITEMS – 7:42

7:42 – ITEM 2 4 - RECEIVED AND FILE D - 2020-21 SINGLE AU DIT AND INDEPENDENT AUDITORS’ REPORTS.

7 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

COUNCIL ITEMS – 7:51

7:51 – ITEM 25 - APPROVED – AUTHORIZE SUBMITTAL OF ARGUMENT IN SU PPORT OF

TRANSIENT OCCUPANCY TAX INCREASE MEASURE TO THE FRESNO COUNT Y

CLERK/REGISTRAR OF VOTERS FOR THE VOTER INFORMATION GUIDE FOR THE NOVEMBER 8, 2022, MUNICIPAL ELECTION.

Motion for approval by Councilmember Ashbeck, seconded by Councilmember Bessinger.

Motion carried 4-0-1, with Councilmember Whalen absent.

8:03 – ITEM 26 - CONSIDER APPROVAL – CHANGE OF COUNCIL MEETING SCHEDULE.

Motion for approval by Councilmember Bessinger, seconded by Councilmember Mouanoutoua. Motion carried 4-0-1, with Councilmember Whalen absent.

CITY MANAGER COMMENTS – 8:03

COUNCIL COMMENTS – 8:05

Mayor Flores adjourned the meeting of the Council to July 18, 2022

Meeting adjourned: 8:09 p.m.

______________________________ ________________________________ Mayor City Clerk
8 AGENDA ITEM NO. 1.

TO: Mayor and City Council
FROM: Administration
DATE: July 18, 2022
SUBJECT: Administration - Approval – Waive Normal Purchasing Process and Approve the Purchase of Replacement Desktop Computers and Servers using Competitive Bid Contracts with Purchasing Provisions for California State and Local Government Agencies.

ATTACHMENTS: None.

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to waive the normal purchasing process and approve the purchase of desktop computers and servers through the use of competitive bid contracts with purchasing provisions for California State and Local government agencies.

EXECUTIVE SUMMARY
Included in the 202 2-2023 Budget are funds to purchase computers for all departments and servers for applications. The computers and servers are to provide upgrades and replacement of obsolete, worn-out equipment and to equip new employees with computers. The computers are allocated to the various departments based on need. Upgrades are necessary to improve the work performance of clerical and technical positions. A portion of the computers to be purchased are to replace units that have high failure and repair rates or ar e unable to run upgraded software. Staff is recommending purchasing the replacement computers using previously competitive bid contracts with purchasing provisions for California State and Local government agencies.

BACKGROUND
The Information Services Div ision is requesting approval to purchase computers and servers through other competitive bid contracts by other agencies, such as the California Multiple Award Schedule (CMAS). With the proliferation of competitive bid contracts with “piggy -back” provisions, the need to purchase in large quantities at one time is no longer necessary. These current contracts base their pricing on the ability of multiple State and Local government agencies to purchase equipment on an “as needed” basis, while still passing a long quantity 9 AGENDA ITEM NO. 2.
discounts. Other examples of these contracts are the Western States Contracting Alliance (WSCA) and the California Communities Purchasing Program (CCPP) sponsored by the League of California Cities.

When purchasing computers on an as needed basis, the City will be able to setup and install the computers more efficiently when staffing is available, eliminating the need to have a large storage area for the computers and risk of potential loss due to theft or disaster. By purchasing when the computer is required, the City can still take advantage of price reductions.

As in the past, the City will continue to use the same evaluation criteria for selecting equipment.

This will include certification of the preloaded operating system and software, quality of components, software upgrade policy, price, compliance with the City’s standard specifications, product reliability, vendor reputation, and financial stability of the supplier and the computer manufacturer.

FISCAL IMPACT
There is $ 300,000 budgeted to fund the purchase of replacement computers, servers, related software, licensing, and peripherals.

REASON FOR RECOMMENDATION
The computers and servers are needed to increase the stability of the computing environment, increase productivity, and to replace worn-out equipment. Purchasing through current contracts will allow the City the flexibility to install computers and servers on an as needed basis, purchase the most recent configurations offered by the manufacturers, and receive the latest price reductions offered.

ACTIONS FOLLOWING APPROVAL
The City will purchase the budgeted desktop comput ers and servers from current competitive bid contracts as they are required. As the units arrive, they will be setup and installed for the department users that were designated to receive new computers during the budget process.

Prepared by: Jesse Velez, I.T. Deputy Director

Reviewed by: City Manager AH

10 AGENDA ITEM NO. 2.

TO: Mayor and City Council
FROM: Finance Department
DATE: July 18, 2022
SUBJECT: Finance – Receive and File – Findings & Recommendations from Community Facilities District Citizens Committee.

ATTACHMENTS: 1. CFD Oversight Committee Resolution Authorizing Remote Teleconferencing

2. Report from CFD Citizens Committee

CONFLICT OF INTEREST
None.

RECOMMENDATION
That the Council receive and file the report presented by the Community Facilities Citizens Oversight Committee following a review of the public safety department budgets and findings relating to the use of the tax proceeds of the CFD for police and fire service.

EXECUTIVE SUMMARY
In March 2004, the Council approved the formation of Community Services District 2004 -1, which provides funding for public safety operations in new growth areas generally located north of Herndon and east of Locan Avenues. The Council also established an independent citizen’s oversight committee for the purpose of reviewing revenue and expenditures associated with the Community Facilities District. The committee recently met with the Police Chief, Fire Chief, Finance Director, and Assistant Finance Direct or reviewing the budgets of the Police and Fire Departments, validating allocation methods of CFD costs, and providing findings, if any, related to the use of CFD tax proceeds.

BACKGROUND
As part of the formation of the Community Services District 2004-01, the Council established an independent citizen’s oversight committee for the purpose of reviewing revenue and expenditures associated with the Community Facilities District. Th e committee consists of five members for a term of four (4) years. The committee includes one member of the real estate community, one member of the Building Industry Association, and three members who are landowners of residential properties within the Community Facilities District. The committee will review the expenditures of the tax proceeds and determine that such expenditures are in 11 AGENDA ITEM NO. 3.
accordance with the purpose and intent of the Community Facilities District Resolution of Intention approved by the Ci ty Council and to report those findings to the City Council.

Committee members are Laura Corey – Real Estate Community Representative; Mike Prandini – Building Industry Association Representative; Dennise Rivera – Property Owner; David Martin Connolly – Property Owner; and Jonathan B. Holt – Property Owner. Jonathan B. Holt is the spokesperson for the committee.

The Purpose and Intent of the Community Facilities District 2004 -01 as established by the City Council is:

Police and Fire Services (the “Services”) of the City of Clovis required to sustain the service delivery capability for emergency and non -emergency services to new growth area of the City of Clovis, including related facilities, equipment, vehicles, fire apparatus, services, supplies and per sonnel; provided however that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of apportionment of the Special Taxes to fund such Services.

Due to the current declared state of emergency as a result of the pandemic and in accordance with government code section 54953, the committee adopted a resolution authorizing remote committee meetings. The committee recently met virtually with the Police Chief, Fire Chief, Finance Director, and Assistant Finance Director reviewing the actual 2020/21 expenditures and the 2021/22 budgets of the Police and Fire Departments, to validate allocation methods of CFD costs, and provide findings related to the use of CFD tax proceeds. While there were no findings, the committee determined the following:

1. Actual and budgeted expenditures are appropriate, and services provided to the Community Facilities District 2004-01 are within the intent of the formation of the district.

2. Revenue and allocation of costs attributable to the Community Facilities District 2004-01 are appropriate.

In conclusion, the committee verified the expenditures are in accordance with the purpose and intent of the enabling legislation found at Government Code Section 53311 and the Resolution of Intention approved by the Clovis City Council.

The committee would also like to express to Council that they, the committee representing the property owners and interested parties, feel the purpose of the Community Facilities District 2004-01 is being fulfilled and recommend that the District and associated tax assessment be continued as currently established.

FISCAL IMPACT
This report provides the findings and recommendations of the Community Facilities District 2004-01 Oversight Commi ttee. The Committee is recommending that the District and associated tax assessments be continued as currently established to meet the funding requirements needed to sustain service levels in the new growth areas.

12 AGENDA ITEM NO. 3.

REASON FOR RECOMMENDATION
The fiscal report is for information only and no action is required.

ACTIONS FOLLOWING APPROVAL
Copies of the report will be made available to any member of the public who requests a copy of the report. The Committee will communicate on an annual basis or as needed to fulfill the role of the committee. Future communications may take place electronically from the committee.

Prepared by: Gina Daniels, Assistant Finance Director

Reviewed by: City Manager AH

13 AGENDA ITEM NO. 3.

Attachment 114
AGENDA ITEM NO. 3.
15 AGENDA ITEM NO. 3.

Attachment 2
16 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: Finance Department
DATE: July 18, 2022
SUBJECT: Finance - Approval - Res. 22 -___, Measure C Extension Local Transportation Pass Through Revenues Certification and Claim Forms for 2022-23.

ATTACHMENTS: 1. Resolution

2. Certification and Claim Forms

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve Resolution 22 -___, Measure C Extension Local Transportation Pass Through Revenues Certification and Claim Forms for 2022-23.

EXECUTIVE SUMMARY
The Fresno County Transportation Authority (FCTA) adopted the apportionment for Local Transportation Purpose Funds (Measure C Extension) for fiscal year 2022 -23. The funds are distributed monthly based on the adopted percentages for each city. To receive the funds from FCTA it is necessary for each city to submit a Certification and Claim form for each sub program and a resolution of the City Council approving the Certification and Claim forms. The total estimated amount to be distributed to the City of Clovis is $6,213,010.

BACKGROUND
Annually the City receives notification from the Fresno County Transportation Authority (FCTA) which adopts the methodology and estimated apportionments of Local Transportation Purpose Funds (Measure C Extension) due each City. The estimated percentage due the City of Clovis for each sub program varies from 1.97% to 17.46% of the total $148,022,367 to be apportioned.

The percentage due each City is based on population and road miles. The FCTA has estimated that the City will receive $1,759,765 for the Street Maintenance Category, $61,590 for the ADA Compliance Category, $1,698,173 for the Flexible Funding Category, $414,117 for the Pedestrian/Trails-Urban Category, $105,557 for the Bicycle Facilities Category, and $2,173,808 for the Clovis Transit Regional Public Transit Program Category. The total estimate to be disbursed to the City for all sub programs is $6,213,010 for fiscal year 2022-23. 17 AGENDA ITEM NO. 4.

In order for each city to receive its apportionment the City must submit a Certification and Claim for each sub program and a resolution of the City Council approving the Certification and Claim forms. These Certification and Claim forms are for the Mea sure C Extension (2007 -2027) that began July 1, 2007.

FISCAL IMPACT
In order for the City to receive its annual apportionment of Local Transportation Purpose Funds (Measure C Extension), the City must submit a Certification and Claim form for each sub program and a resolution of the City Council approving the Certification and Claim forms.

REASON FOR RECOMMENDATION
In order to receive the 2022 -23 Measure C funds, the City needs to submit to the FCTA the Certification and Claim forms and authorizing resolution.

ACTIONS FOLLOWING APPROVAL
After the Council approval, the Certification and Claim forms and the resolution will be forwarded to the FCTA.

Prepared by: Gina Daniels, Assistant Finance Director

Reviewed by: City Manager AH

18 AGENDA ITEM NO. 4.

ATTACHMENT 1
RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING THE LOCAL TRANSPORTATION PURPOSE FUNDS
CERTIFICATION AND CLAIM FOR 2022-23

WHEREAS, the City of Clovis is an eligible claimant of funds for Local Transportation Purposes (Measure C Extension) pursuant to California Public Utilities Code Section 142257; and

WHEREAS, the Fresno County Transportation Authority (FCTA) has adopted a Resolution of Apportionment for Fiscal Year 202 2-23’s estimated revenue setting 10.42% of $16,882,882 for the Local Transportation Program, Local Allocation – Street Maintenance Category sub program available to the claimant; and

WHEREAS, the FCTA has adopted a Resolution of Apportionment for Fiscal Year 2022-23’s estimated revenue setting 10.42% o f $ 590,901 for the Local Transportation Program, Local Allocation – ADA Compliance Category sub program available to the claimant; and

WHEREAS, the FCTA has adopted a Resolution of Apportionment for Fiscal Year 2022-23’s estimated revenue setting 10.01% of $16,972,627 for the Local Transportation Program, Local Allocation – Flexible Funding Category sub program available to the claimant; and

WHEREAS, the FCTA has adopted a Resolution of Apportionment for Fiscal Year 2022-23’s estimated revenue setting 17.46% of $ 2,372,431 for the Local Transportation Program, Local Allocation – Pedestrian/Trails-Urban Category sub program available to the claimant; and

WHEREAS, the FCTA has adopted a Resolution of Apportionment for Fiscal Year 2022-23’s estimated revenue setting 12.31% of $ 857,892 for the Local Transportation Program, Local Allocation – Bicycle Facilities Category sub program available to the claimant; and

WHEREAS, the FCTA has adopted a Resolution of Apportionment for Fiscal Year 2022-23’s estimated revenue setting 1.97% of $110,345,634 for the Regional Public Transit Program, Public Transit Agencies – Clovis Transit sub program available to the claimant.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Clovis as follows:

1. The Finance Director is hereby authorized to execute the Certification and Claim forms and submit the forms to the FCTA for 2022-23.

2. The City hereby requests the release of funds to the City on a monthly basis, consistent with the adopted percentage and based on actual receipts.

3. The City hereby requests the release of funds to the City in accordance and compliance with Steps 5 and 6 of the Local Agency Handbook – Local Agency Pass -Through Funding Programs.

4. The City Council hereby certifies as follows:
19 AGENDA ITEM NO. 4.

a. That the sub programs’ funds are not being used to substitute for property tax funds which the City had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257; and b. That the City has segregated property tax revenues from the City’s other General Fund revenues used to support the sub programs’ funds so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to the City’s entire general fund; and
c. That the City shall separately account for the sub program funds received pursuant to Public Utilities Code Section 142257. The City shall maintain records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose. The City shall make such records available to the FCTA for inspection or audit at any time.

5. The City understands that should financial or compliance audit exceptions be found, the FCTA will take immediate steps to resolve the ex ceptions in accordance with adopted procedures.

6. The City understands they must follow the Reporting Requirements as indicated in the Measure C Extension Local Agency Handbook and the Measure C Extension Local Agency Handbook, Other Revenue Funding and submit the appropriate Reporting Requirements Form for each Program/Project of expenditures for the 202 2-23 fiscal year no later than November 15, 2022. The City understands if these Reporting Requirements are not met by the date listed above, the Fresno County Transportation Authority will stop any and all Local Transportation Purposes Pass-Through funds until such Reporting Requirements have been met.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting o f the City Council of the City of Clovis held on July 18, 2022 by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 18, 2022

______________________________ ______________________________ Mayor City Clerk

20 AGENDA ITEM NO. 4.

ATTACHMENT 2
21 AGENDA ITEM NO. 4.
22 AGENDA ITEM NO. 4.
23 AGENDA ITEM NO. 4.
24 AGENDA ITEM NO. 4.
25 AGENDA ITEM NO. 4.
26 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: General Services Department
DATE: July 18, 2022
SUBJECT: General Services – Approval - Claim Rejection of the General Liability Claim on behalf of Juan De La Torre.

ATTACHMENTS: None.

CONFLICT OF INTEREST
None.

RECOMMENDATION
Reject the General Liability Claim filed on behalf of Juan De La Torre.

EXECUTIVE SUMMARY
On behalf of Juan De La Torre (claimant), the City received a general liability claim on June 16, 2022, alleging the Clovis Police department used excessive force and caused the wrongful death of Mr. De La Torre’s daughter. Mr. De La Torre claims that he sustained pain and suffering due to the death of his daughter and seeks money damages. It is recommended that the City reject the claim at this time, send notice of rejection, and refer the matter to the City’s third -party administrator for liability claims for further investigation and handling.

BACKGROUND
On June 16, 2022, a general liability claim was received by the City of Clovis on behalf of Juan De La Torre and the Estate of Isabel De La Torre by the Law Office of Gonzalez & Flores. The claim was considered legally sufficient and timely. The claim alleges that the Police Department used excessive force in restraining the claimant’s daughter and caused her wrongful death on March 26, 2022.

The claimant seeks damages for pain and suffering, and other damages. The claim has been filed as a “civil unlimited case.”

FISCAL IMPACT
Rejection of the claim does not result in any fiscal impact.

27 AGENDA ITEM NO. 5.

REASON FOR RECOMMENDATION
It is recommended that the claim be rejected. The facts surrounding this claim are in dispute and the circumstances and cause of death are still under investigation. In addition, by rejecting this claim, the time in which a lawsuit for various claims may be filed against the City will begin to run.

ACTIONS FOLLOWING APPROVAL
A rejection notice letter will be sent to the claimant informing him that the claim has been rejected.

Prepared by: Charles W. Johnson, Management Analyst

Reviewed by: City Manager AH

28 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: General Services Department
DATE: July 18, 2022
SUBJECT: General Services – Approval – Res. 22-___, Amending the City’s FY 22- 23 Position Allocation Plan by deleting two (2) Principal Office Assistant positions and adding two (2) Staff Analyst positions within the Fire Department.

ATTACHMENTS: 1. Res. 22- ___, Position Allocation Plan

CONFLICT OF INTEREST
None.

RECOMMENDATION
For Council to approve Resolution 22 -___, amending the City’s FY 22 -23 Position Allocation Plan by deleting two (2) Principal Office Assistant positions and adding two (2) Staff Analyst positions within the Fire Department.

EXECUTIVE SUMMARY
Currently, the Fire Department is authorized for two (2) Principal Office Assistant positions for fiscal year 2022-2023. It is recommended that the City’s Position Allocation Plan be amended by deleting two (2) Principal Office Assistant positions and adding two (2) Staff Analyst positions within the Fire Department. Council approval is required for changes to the Position Allocation Plan.

BACKGROUND
The Fire Department has evaluated the work assignment and needs in the department. They have determined that the addit ion of two (2) Staff Analyst positions and the deletion of two (2) Principal Office Assistant positions will more efficiently support the current needs of the department. These Staff Analyst positions will be responsible for preparing a variety of complex reports, records, and correspondence to manage the billing, reimbursement, and payment processing of various revenue sources. In addition, each of the Staff Analysts would be responsible for developing workflow strategies to improve the current communication and processes within the department . Such projects may include administrative duties for the Community Risk Reduction Division and/or training Bureau which will include highly responsible 29 AGENDA ITEM NO. 6.
complex and confidential assignments . The desired posi tion allocation change results in the need to modify the City’s Position Allocation Plan, which requires Council approval.

FISCAL IMPACT
The fiscal impact of salary and benefits for this position allocation change would be approximately $6,000.00. There are adequate funds in the Fire Department budget to cover any additional costs for each position.

REASON FOR RECOMMENDATION
The deletion of two (2) Principal Office Assistant positions and the addition o f two (2) Staff Analyst positions will provide the needed capacity to cover the sustained increase in complex assignments within the Fire Department. The change must be reflected in the authorized FY 22- 23 Fire Department position allocation. Modification of the Position Allocation Plan r equires Council Approval.

ACTIONS FOLLOWING APPROVAL
The position allocation for the Fire Department will be modified as noted in Attachment A. The positions will be filled through a current eligibility list.

Prepared by: Lori Shively, Personnel/Risk Manager

Reviewed by: City Manager AH
30 AGENDA ITEM NO. 6.

ATTACHMENT 1

RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CLOVIS APPROVING AMENDMENTS TO THE
CITY’S FY 22-23 POSITION ALLOCATION PLAN

WHEREAS, the FY 22-23 Position Allocation Plan in the Fire Department was approved as part of the FY 22-23 City budget adoption process; and

WHEREAS, a review of the staffing needs of the City indicates that the addition of two (2) Staff Analyst positions and the deletion of two (2) Principal Office Assistant po sitions is necessary in order to provide the needed capacity to cover the complex work assignments within the Fire Department; and

WHEREAS, amending the City’s adopted FY 22-23 Position Allocation Plan requires Cit y Council authorization.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Clovis that the City’s FY 22-23 Position Allocation Plan shall be amended as noted in Attachment A.

* * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 18, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 18, 2022

___________________________ __________________________ Mayor City Clerk

31 AGENDA ITEM NO. 6.

ATTACHMENT A

POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 22-23

DEPARTMENT NUMBER OF POSITIONS

Fire Department

Add: Staff Analyst 2.0

Delete: Principal Office Assistant 2.0

32 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: July 18, 2022
SUBJECT: Planning and Development Services – Approval – Bid Award for CIP 21- 10 Fowler Avenue Street Improvements and Authorize the City Manager to Execute the Contract on behalf of the City.

ATTACHMENTS: 1. Vicinity Map

CONFLICT OF INTEREST
None.

RECOMMENDATION

1. For the City Council to award a contract for CIP 21 -10, Fowler Avenue Street Improvements to Bush Engineering, Inc. in the amount of $1,076,920; and

2. For the City Council to authorize the City Manager to execute the contract on behalf of the City.

EXECUTIVE SUMMARY
Staff is recommending that City Council authorize the City Manager to award and execute the contract to Bush Engineering, Inc. who was the lowest responsible bidder from a bid opening that took place on June 21, 2022.

This project consists of street improvements on Fowler Avenue from Alluvial to Nees Avenue, approximately ±0.5 mile. Construction shall include, grinding, asphalt paving, ADA concrete improvements, adjustment of existing facilities to finish grade, traffic signal modifications, and application of new traffic markings and signs to current MUTCD standards.

33 AGENDA ITEM NO. 7.

BACKGROUND
The following is a summary of the bid results of June 21, 2022:

BIDDERS BASE BIDS

Bush Engineering, Inc. $1,076,920.00
Dave Christian Construction Co, Inc. $1,089,720.00
Dawson-Mauldin, LLC $1,161,164.00
Emmett’s Excavation, Inc. $1,191,052.00
Avison Construction, Inc. $1,223,990.00
American Paving Co. $1,233,217.00
Emmett Valley Construction $1,233,719.00
R E Mason Engineering Inc. $1,349,225.00

ENGINEER’S ESTIMATE $1,048,970.00

All bids were examined, and the bidder’s submittals were found to be in order with Bush Engineering, Inc. as the lowest responsible bidder. Staff has validated the lowest bidder’s contractor license status.

FISCAL IMPACT
This project was budgeted in the 202 2-2023 Community Investment Program. The project is funded by the Surface Transportation Block Grant Program (STBG) through the City Community Investment Program.

REASON FOR RECOMMENDATION
Bush Engineering, Inc. is the lowest responsible bidder. There are sufficient funds available for the anticipated cost of this project.

ACTIONS FOLLOWING APPROVAL

1. The contract will be prepared and executed, subject to the Contractor providing performance security that is satisfactory to the City.

2. Construction will begin approximately one (1) week after contract execution and be completed in twenty (25) working days thereafter.

Prepared by: Jorge Aguilera, Engineer I

Reviewed by: City Manager AH

34 AGENDA ITEM NO. 7.
35 AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: July 18, 2022
SUBJECT: Planning and Development Services – Approval – Final Acceptance for CIP17-28 Sunnyside Avenue Bike Lane.

ATTACHMENTS: 1. Vicinity Map

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to accept the work performed as complete and authorize recording of the notice of completion.

EXECUTIVE SUMMARY
This project consist ed of reconstructing the southbound No. 2 lane of Sunnyside Avenue and the curb return ramp located at the Sunnyside Avenue entrance of the Clovis Crossings Shopping Center just south of SR168. The new improvements accommodated room for a new bike lane.

BACKGROUND
The bid opening was February 22, 2022, and the City Council pre-authorized the City Manager on March 14, 2022, to award the project to the lowest responsible bidder, which was determined to be Bush Engineering, Inc. The project was completed in accordance with the construction documents and within the total contract time allotted.

FISCAL IMPACT

1. Contract Award Amount $92,757.00

2. Cost decrease resulting from differences between the estimated quantities used for award and actual quantities installed. $ (4,779.23)

3. Contract Change Orders $ 4,663.50

4. Liquidated Damages Assessed $ 0.00

Final Contract Cost $92,641.27

36 AGENDA ITEM NO. 8.

The project was approved in the Community Investm ent Program budget and is funded by the Congestion Mitigation and Air Quality (CMAQ) Program.

REASON FOR RECOMMENDATION
The Public Utilities Department, City Engineer, Senior Engineering Inspector , and Project Engineer agree that the work performed by the contractor is in accordance with the project plans and specifications and has been deemed acceptable. The contractor, Bush Engineering, Inc. has requested final acceptance.

ACTIONS FOLLOWING APPROVAL

1. The notice of completion will be recorded; and

2. All retention funds will be released pursuant to Federal requirements and the Prompt Payment of Funds Withheld to Subcontractors clause of the Local Assistance Procedures Manual.

Prepared by: Matt Buller, Senior Engineering Inspector

Reviewed by: City Manager AH
37 AGENDA ITEM NO. 8.

Attachment 1
38 AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: July 18, 2022
SUBJECT: Planning and Development Services - Approval – Res. 2 2-___, Final Map Tract 6166, located in the southeast area of Highland and Gettysburg Avenues (Lennar Homes of California, LLC).

ATTACHMENTS: 1. Res. 22-___

2. Vicinity Map

3. Copy of Final Map

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve Res. 22-___, which will:

1. Accept the offer of dedication of parcels and public utility easements within Tract 6166; and

2. Authorize the recording of the final map.

EXECUTIVE SUMMARY
The owner, Lennar Homes of California, LLC , acting as the subdivider, has submitted a final map. The improvement plans are being processed by C ity staff. The improvement s to be installed include curb, gutter, sidewalk, streetlights, fire hydrants, street paving, san itary sewer, water mains, and landscaping. The subject tract is in the southeast area of Highland and Gettysburg Avenues. It contains approximately 18.10 acres and consists of 86 residential units, zoned R-1.

FISCAL IMPACT
The subdivider will be installing curb, gutter, sidewalk, fire hydrants, street paving, sanitary sewer, water mains, and landscaping, which will be perpetually maintained by the City of Clovis.

For the streetlights, the City will pay for the power and PG&E will provide the maintenance.

39 AGENDA ITEM NO. 9.

REASON FOR RECOMMENDATION
The subdivision agreement has been executed by the subdivider and all development fees paid in accordance with the Municipal Code. The agreement provides for the developer to complete a technically correct map and improvement plans, and to complete all the required improvements in compliance with the conditions of approval. The improvements are adequately secured.

ACTIONS FOLLOWING APPROVAL
The final map will be filed with the Fresno County Recorder’s office for recording.

Prepared by: Tiffany Ljuba-Silguero, Engineer II

Reviewed by: City Manager AH

40 AGENDA ITEM NO. 9.

Attachment 1
RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING FINAL SUBDIVISION MAP FOR TRACT NO. 6166

WHEREAS, a final map has been presented to the City Council of t he City of Clovis for Tract 6166, by The City of Clovis, a Municipal Corporation; and

WHEREAS, said final tract conforms to the requirements of Chapter 2, Part 2, of Division 4 of the Business and Professions Code and to local ordinances.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clovis as follows:

1. The final map of Tract 6166, consisting of three (3) sheets, a copy of which is on file with the City Clerk, be and the same is hereby approved.

2. The subdivision improvement plans for said tract have been approved by City Staff.

3. The preliminary Engineer’s Cost Estimate of development cost of said tract, a copy of which is on file with the City Clerk, be and the same is hereby approved and adopted as the estimated cost of improvements for said subdivision in the sum of $3,874,000.00.

4. The offer and dedication for public use of the parcels and easements specified on said map are accepted by the City of Clovis and the City Clerk is authorized and directed to execute said subdivision map.

5. This Council finds that the proposed subdivision, together with the provisions for its design and improvement, are consistent with applicable general and specific plans of the City of Clovis.

6. Improvement Security, as provided hereunder and in said Subdivision Agreement, is fixed at one hundred percent (100%) of the remaining improvements to be constructed or the sum of $3,874,000.00 for guaranteeing specific performance of said agreement and fifty percent (50%) of the remaining improvements or the sum of $1,937,000.00 for payment of labor and materials furnished by contractors, subcontractors, labormen and materialmen in connection with the improvements required to be made or constructed by said subdivider in conformity with said subdivision map or said agreement.

7. Subdivider shall furnish a bond in the sum of $387,400.00 being the amount determined by the City Council of the City as necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance of the tract against any defective work or labor done, or defective materials furnished. Said bond is required to be furnished prior to acceptance of the tract by the City Council.

* * * * *

41 AGENDA ITEM NO. 9.

The foregoing resolution was introduced and adopted at a regular meetin g of the City Council of the City of Clovis held on July 18, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

42 AGENDA ITEM NO. 9.

Attachment 2
43 AGENDA ITEM NO. 9.

ATTACHMENT 3
Attachment 3
44 AGENDA ITEM NO. 9.
45 AGENDA ITEM NO. 9.
46 AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: July 18, 2022
SUBJECT: Planning and Development Services - Approval – Res. 22-___, Annexation of Proposed Tract 6166, located in the southeast area of Highland and Gettysburg Avenues to the Lan dscape Maintenance District No. 1 of the City of Clovis (Lennar Homes of California, LLC).

ATTACHMENTS: 1. Res. 22-___

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve Res. 22-___, which will annex proposed Tract 6166, located in the southeast area of Highland and Gettysburg Avenues to the Landscape Maintenance District (LMD) No. 1 of the City of Clovis.

EXECUTIVE SUMMARY
The owner, Lennar Homes of California, LLC , acting as the subdivider, has requested to be annexed to th e LMD No. 1 of the City of Clovis as set forth by the Conditions of Approval for Tentative Tract 6166.

BACKGROUND
Lennar Homes of California, LLC , the developer of Tract 6166, has executed a covenant that this development be annexed to the City of Clovis, LMD No. 1 . An executed copy can be provided on request. Council formed the original District on July 15, 1985 , for the purpose of funding the maintenance of landscaped areas and parks.

Under the provisions of the Landscaping and Lighting Act of 1972 and in accordance with Article XIII C and Article XIII D of Proposition 218, all the owners of property pro posed for annexation have provided a writt en request and consent to annexation and have executed a covenant (petition) indicating acceptance of the annual assessment.

47 AGENDA ITEM NO. 10.

FISCAL IMPACT
This project will add landscaping to the LMD No. 1 of the City of Clovis shown as follows:

Tract 6166 Year to Date

LMD Landscaping added: 1.166 acres 1.166 acres

Resource needs added: 0.117 persons 0.117 persons

The resource needs estimate is based on 1 person per 10 acres of landscaped area.

REASON FOR RECOMMENDATION
The property owners for the subject tract have requested annexation into the City of Clovis LMD No. 1.

ACTIONS FOLLOWING APPROVAL
Tract 6166 shall become a part of City of Clovis LMD No. 1 and will be assessed next year for maintenance costs.

Prepared by: Tiffany Ljuba-Silguero, Engineer II

Reviewed by: City Manager AH

48 AGENDA ITEM NO. 10.

RESOLUTION 22-___

RESOLUTION OF THE COUNCIL OF THE CITY OF CLOVIS, CALIFORNIA, APPROVING ANNEXATION TO LANDSCAPING MAINTENANCE DISTRICT NO. 1

OF THE CITY OF CLOVIS

WHEREAS, City of Clovis Landscape Maintenance District No. 1 ("District") was formed by Resolution No. 85-78, adopted July 15, 1985, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the "Act"; and

WHEREAS, all of the owners of property proposed to be annexed to the District consisting of proposed Tract No. 6166, as described in Attachment A attached hereto and incorporated herein by reference, have consented to said annexation and such annexation may be ordered without notice and hearing or filing of engineer's report, or both.

NOW, THEREFORE, IT IS RESOLVED AND ORDERED, as follows:

1. That the public interest and convenience require that certain property described in Attachment "A" attached hereto and by reference incorporated herein be annexed into Landscape Maintenance District No. 1 of the City of Clovis for the maintenance and servicing of landscaping facilities.

2. The City Clerk shall receive and file the maps showing the boundaries of the areas annexed as set forth in Attachment A which boundaries shall be used for assessme nt proceedings until and unless a change of organization is approved pursuant to the Act.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 18, 2022, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

Attachment 1
49 AGENDA ITEM NO. 10.

ATTACHMENT A

Legal Description

Lots 1 through 86, inclusive, of Tract Map 6166 recorded in Volume ______ of Plats at Pages ______ through ______, Fresno County Records.
50 AGENDA ITEM NO. 10.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: July 18, 2022
SUBJECT: Consider Approval - Res. 22-___, SPR2001-018A2, A request to approve a site plan review amendment for the construction of a new ± 2,500 square foot visitor center for the Botanical Garden located at 945 N. Clovis Avenue. Clovis Botanical Garden, Anne Clemons, applicant; City of Clovis, owner; Dwight Kroll, representative.

Staff: Lily Cha, Senior Planner
Recommendation: Approve
ATTACHMENTS: 1. Draft Resolution 22-__

2. Conditions of Approval

3. Site Plan, Floor Plan, and Elevations

4. Correspondence from Agencies

CONFLICT OF INTEREST
The Clovis Botanical Garden is part of the Dry Creek Park, which is within 1,000 feet of property owned by Councilmember Drew Bessinger. This is a potential conflict of interest for Councilmember Bessinger. It is recommended that Councilmember Bessinger ab stain from hearing and voting on the item.

EXECUTIVE SUMMARY
The Clovis Botanical Garden is proposing the development of a new visitor center within the existing boundary of the garden site (Figure 1). The facility will replace the existing mobile visitor center and will allow for more diverse uses. The proposed visitor center is approximately 2,500 square feet and will be situated near the entry of the garden.

A permanent visitor center has been envisioned for the Botanical Garden site for some time, and a site plan review for an expanded facility was initially approved by the City Council in June of 2011. The expansion included a new visitor center, classrooms, a pavilion, demonstration gardens, maintenance buildings, and additional parking. Since the 2011 approval, the Botanical Garden committee has decided to limit the expansion to just a new visitor center and parking.

51 AGENDA ITEM NO. 11.

The Botanical Garden is requesting approval for an amendment to the previously approved site plan to allow for the construction of the new visitor center. Approval of this site plan review amendment will allow the applicant to proceed with engineering review, grading, and building permits to begin construction of the new building.

FIGURE 1 – PROJECT LOCATION

BACKGROUND
 General Plan Designation: Park
 Specific Plan Designation: N/A
 Existing Zoning: “O” Open Space
 Lot Size: 4.16 acres
 Current Land Use: Botanical Garden
 Adjacent Land Uses:
o North: Water Retention Basin & Large-lot SFR Homes o South: Dry Creek Park
o East: Dry Creek Trail & Water Retention Basin
o West: Low Density SFR Subdivision
52 AGENDA ITEM NO. 11.
 Previous Entitlements: SPR2001-018 & SPR2001-018A

PROPOSAL AND ANALYSIS
The Clovis Botanical Garden currently holds a land tenure agreement with the City of Clovis for approximately 4.16 acres of land on the north side of the Dry Creek Park, located at the northeast corner of Clovis and Alluvial Avenues. The agreement includes the planned expansion of the facility that was approved by the City Council in June of 2011 and memorialized with SPR2001- 18A. The expansion plan included a grander vision for the garden including a new visitor center, classrooms, a pavilion, demonstration gardens, maintenance building, and additional parking .

For funding reasons, the Botanical Garden was unable to pursue the expansion of the facility as planned. The Botanical Garden was able to subsequently raise enough funds to construct a new visitor center and have returned to the City with this site plan review request. This site plan review request for the development of the visitor center is within the existing boundary of the site as defined in the current agreement and therefore, will not require the modification of the agreement.

This project was continued from the May 16th City Council Hearing to allow staff and the applicant some time to refine some of the site features such as parking and trash enclosure details.

Site Plan Review
Site plan review is normally a ministerial process approved by the Planning and Development Services Direct or. However, City policy requires a public hearing by both the Planning Commission and City Council for any site plan review related projects owned and/or operated by the City. The subject site is owned by the City of Clovis and made available to the Botan ical Garden through a land tenure agreement.

The site plan review process enables staff to review the proposed development in accordance with the City’s development and design standards, and agreements.

Site Layout
The Botanical Garden site
encompasses approximately 4.16
acres of property located north of the
Dry Creek Park. The garden consists
of a temporary visitor center, a
covered pavilion , some minor
accessory structures , meandering
trails, and various garden exhibits. It is
completely enclosed with in wrought
iron fencing, with pedestrian access at
its iconic gate on the south side of the
garden. Vehicular access and parking
are shared with the Dry Creek Park;
however, the garden will be adding 16
new parking stalls at the north end of
the site.

FIGURE 2 – BUILDING LOCATION
53 AGENDA ITEM NO. 11.

The proposed 2,500 square foot visitor center will be situated near the entry of the garden as shown in Figure 2. Other site modifications include the relocation of the entry gate slightly to the east, a new concrete wal kway that provides direct pedestrian access to the garden from the sidewalk, and a new parking lot. With this project, the garden will also expand the existing trash enclosure in the Dry Creek Park from a Type 3 enclosure to a Type 5 enclosure. The garden currently uses multiple waste toters , typical of the kind used for single -family residences. The expansion of the existing trash enclosure will allow the garden to share the refuse space with the park. Condition # 50 has been modified to reflect this requirement. The applicant is in agreement with this modification.

Parking
The Clovis Development Code specifies a parking ratio of 1 parking space for each 5,000 square feet of active area within parks. In the previously approved site plan for the Botanical Garden, parking was calculated using t he combined active area of the Clovis Dry Creek Park and the Clovis Botanical Garden at approximately 9.75 acres , which requires a minimum of 85 parking spaces. The existing parking lot has 4 9 parking spaces. In conjunction with the City Council’s 2011 approval of the Botanical Garden expansion plan, an additional 39 parking spaces were to be incorporated into the overall layout, including nine near the maintenance building on the north end of the site, for a total of 88 parking spaces. The land tenure agreement executed by the City and the Botanical Garden for use of the Garden site requires that the Botanical Garden be designed, constructed, maintained, and operated in accordance with the adopted site plan, including any amendments.

The current site plan amendment proposal by the Botanical Garden does not include the entirety of the additional new parking stalls as contemplated in the plans approved by the City Council in 2011. Because the new visitor center will take the place of an existing mobile facility, and other improvements envisioned in 2011 such as classrooms and an amphitheater are not included in the current project, the applicant is proposing to rely on the existing parking as well as the additional 16 parking stalls to be provided for this project . For this project, s taff re-calculated parking for the garden based on its true “active areas.” This includes areas where activities may occur such as the new visitor center, the pavilion, and the trails. As a result, a minimum of 10 parking stalls is required. Because the garden hosts various events, maximizing the number of parking stalls that will fit in the new parking area is recommended. Therefore, a total of 16 new parking stalls will be provided for this project (see Attachment 3).

Because of its popularity, p arking demand for the existing facilities (including both the park and the Botanical Gardens) regularly exceeds the on -site capacity and visitors frequently make use of parallel stalls along Clovis Avenue. Visitor parking occasionally extends onto the local streets in the residential neighborhood on the west side of Clovis Avenue as well. Staff plans to study the unique parking demands of the park to determine the need for future parking lot expansion beyond the 16 new stalls proposed as part of the current project.

Architectural Design
The proposed visitor center is the first permanent building with indoor space to be constructed within the Botanical Garden site. Its design is unique in character and was inspired by architect, Arthur Dyson of Dyson & Janzen Architect, Inc. His approach to the building design, called 54 AGENDA ITEM NO. 11.
“Organic Architecture,” is intended to promote harmony between human habitation and the natural world. The building materials are of glass, metal, and concrete. Its form is inspired by the shape of a butterfly and shares some similarities to the building previously approved with SPR2001-018A in June of 2011 (see Figure 3). The proposed architectural design of the building is fitting in character and will add aesthetic value to the Botanical Garden.

FIGURE 3 – ELEVATION PROPOSED AND PREVIOUSLY APPROVED

Findings for Approval of a Site Plan Review
The findings to consider when deciding on a site plan review application include:

1. Be allowed within the subject zoning district;

The Botanical Garden is an existing facility that has been approved within the Open Space Zone District. This project is incorporating a new visitor center and parking area.

2. Be in compliance with all of the applicable provisions of this Development Code that are necessary to carry out the purpose and requirements of the subject zoning district, including prescribed develop ment standards and applicable design standards, policies and guidelines established by resolution of the Council;

The project is in compliance with the established development standards of the Open Space Zone District.
55 AGENDA ITEM NO. 11.

3. Be in compliance with all other applicable provisions of the Clovis Municipal Code;

The project has been reviewed by other City departments for consistency with their respective codes and standards was determined to be consistent.

4. Be consistent with the General Plan and any applicable s pecific plan. (§ 2, Ord. 14- 13, eff. October 8, 2014).

The Botanical Garden provides services and a facility that supports the City’s Open Space Goals and Policies, including Policy 2.7 Native Plants. Encourage the use of native and climate -appropriate plant species and prohibit the use of plant species known to be invasive; Policy 2.12: Public Education. Support public education efforts for residents and visitors about the unique historic, natural, and cultural resources in Clovis.

Public Comments
A neighborhood meeting was held on April 14, 2022 at 6:00pm at the Botanical Garden pavilion to introduce the project to the neighborhood and interested parties. No one from the public attended the neighborhood meeting.

Staff also sent notices to property owners within 450 feet of the project site. As of the publication of this report, staff has not received any comments.

Planning Commission Consideration
The Planning Commission considered the proposed project at its Apr il 28, 2022 meeting. The Commission members asked questions and had a brief discussion regarding parking for the project. No public testimony was provided other than the applicant. The Commission voted 3 -0 to recommend approval of the project, with Commissioner Bedstead and Chair Hinkle absent.

Following the Planning Commission meeting, staff engaged in continued dialogue with the applicant regarding the additional parking that would be provided in conjunction with the new visitor’s center. The intent was to clarify vague wording as to how much parking would be provided in conjunction with the project and where it would be added. Those discussions resulted in an adjustment to the recommended conditions of approval , which now clearly specify that 16 stalls will be provided at the north end of the project site. The applicant is in agreement with the change.

Review and Comments from Agencies
The Project was distributed to all City Divisions as well as outside agencies, including Caltrans, Fresno Unified Schoo l District, Fresno Irrigation District, Fresno Metropolitan Flood Control District, AT&T, PG&E, San Joaquin Valley Air Pollution Control District, State Department of Fish and Wildlife, and the County of Fresno.

Comments received are attached only if the a gency has provided concerns, conditions, or mitigation measures. Routine responses and comment letters are placed in the administrative record and provided to the applicant for their records. Please refer to Attachment 4 for correspondence from other departments and/or agencies.
56 AGENDA ITEM NO. 11.

California Environment Quality Act (CEQA)
The City has determined that this Project is exempt from CEQA pursuant to Public Resources Code Sections 15303 (Class 3 – New Construction or Conversion of Small Structures) and 15332 (Class 32 – Infill Development Projects). Class 3 exemption consists of construction and location of limited numbers of new, small facilities or structures. In this situation, the project involves the construction of a building not exceeding 2,500 square feet in an urbanized area. Under the Class 32 categorical exemption, projects that: (a) are consistent with the applicable land use designation, General Plan policies, and zoning; (b) are within city limits on a project site of no more than five acres substantially surrounded with urban uses; (c) are located on sites with no value as habitat for endangered, rare, or threatened species; (d) would not result in significant effects relating to traffic, noise, air quality, and water quality; and (e) is located on a site that can be adequately served by all utilities.

A Notice of Exemption has been completed during the preliminary review and is kept for public review with the Project file during the processing of the Project application. Staff will file the notice with the County Clerk if the project is approved.

The City published notice of this public hearing in The Business Journal on Friday, July 8, 2022.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The project will provide the Botanical Garden with a new visitor center and parking. The new visitor center is complementary to the garden and further enhances the aesthetic appeal of the facility and will also provide alternative space for the garden’s op erations. This project does not impact the existing agreement between the Botanical Garden and the City. Therefore, staff and the Planning Commission recommend approval of SPR2001-018A2, subject to the conditions of approval provided as Attachment 2.

ACTIONS FOLLOWING APPROVAL
None.

Prepared by: Lily Cha, Senior Planner

Reviewed by: City Manager AH
57 AGENDA ITEM NO. 11.

Attachment 1
RESOLUTION 22-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING A SITE PLAN REVIEW AMENDMENT TO ALLOW FOR THE CONSTRUCTION OF A NEW ± 2,500 SQUARE FOOT VISITOR CENTER FOR THE BOTANICAL GARDEN LOCATED AT 945 N. CLOVIS AVENUE AND FINDING THAT THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO THE CLASS 3 AND CLASS 32

CATEGORICAL EXEMPTION

WHEREAS, Clovis Botanical Garden, 1865 Herndon Avenue, Suite K Box 330, Clovis, CA 93611, has applied for a Site Plan Review Amendment SPR2001-018A2, in connection with the proposed visitor center (“Project”) at 945 N. Clovis Avenue (“Property”); and

WHEREAS, Site Plan Review Amendment SPR2001-018A2, was filed on February 18, 2022, and was presented to the Clovis City Council for approval in accordance with Title 9, Chapter 9.56, of the Clovis Municipal Code; and

WHEREAS, the proposed Site Plan Review Amendment SPR2001-018A2 was assessed under the provisions of the California Environmental Quality Act (CEQA) and was determined to be exempt pursuant to CEQA Guidelines section 15302 as a Class 3 and section 15332 Class 32 categorical exemption for the construction or conversion of small structures and infill development projects; and

WHEREAS, on April 28, 2022 , the P lanning Commission considered site plan review SPR2001-018A2; and

WHEREAS, the Planning Commission voted to r ecommend approval of SPR2001 -018A2, to the City Council; and

WHEREAS, the Planning Commission’s recommendations were forwarded to the City Council for consideration; and

WHEREAS, the City published notice of the public hearing in the Fresno Business Journal on July 9, 2022, mailed public notices to property owners within 450 feet of the property ten (10) days prior to the City Council hearing, and otherwise posted notice of the public hearing according to applicable law; and

WHEREAS, a duly noticed public hearing was held on July 18, 2022; and

WHEREAS, the City Council considered the CEQA analysis outlined in the staff report and elsewhere in the Administrative Record which determines that the Project meets the 58 AGENDA ITEM NO. 11.

requirements of the Class 3 (New Construction or Conversion of Small Structures) and Class 32 (Infill Development Projects) Categorical Exemption s pursuant to CEQA Guidelines section 15303 and 15332; and

WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not necessarily limited to, the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing, and the conditions of approval attached as Attachment __ to this Resolution, which are incorporated herein by this reference.

NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROC EEDINGS, THE CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:

1. The City Council hereby approves Site Plan Review SPR2001-018A2.

2. The project is allowed within the subject zoning district.

3. The project is in compliance with all of the applicable provisions of this Development Code that are necessary to carry out the purpose and requirements of the subject zoning district, including prescribed development standards and applicable design standards, policies and guidelines established by resolution of the Council.

4. The project in compliance with all other applicable provisions of the Clovis Municipal Code.

5. The project is consistent with the General Plan and any applicable specific plan.

6. The City Council finds that the Pro ject is categorically exempt from CEQA pursuant to CEQA Guidelines section s 15303 (Class 3 – New Construction or Conversion of Small Structures) and 15332 (Class 32 – Infill Development Projects) and, furthermore, finds that there is no possibility the project could have a significant effect on the environment, exempting the project pursuant to CEQA Guidelines section 15061(b)(3).

7. The basis for the findings is detailed in the July 18, 2022 staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing.

* * * * *

59 AGENDA ITEM NO. 11.

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 18, 2022, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

60 AGENDA ITEM NO. 11.

Attachment 2
Conditions of Approval – SPR2001-018A2

Planning Division Comments
(Lily Cha, Senior Planner – 559-324-2335)

1. SPR2001-018A2 approves construction of an approximately 2,500 square foot visitor center and associated site improvements for the Botanical Garden located at 945 N.

Clovis Avenue.

2. SPR2001-018A2 is granted per the site layout provided as Attachment __ in this report.

3. All conditions of SPR2001-018A2 shall be placed in the building permit set prior to plan check submittal and the issuance of permits.

4. A signed “Acceptance of Conditions” shall be provided to the Planning Department within 30 days of the date of approval of site plan review.

5. All plans submitted for building permits shall be consistent with the Site Plan Review per CMC 9.3.408 C.1.

6. The Project shall conform to the development standards prescribed under the “O” (Open Space) Zone District unless modified through SPR2001-018A2.

7. Any proposed future modifications not approved under SPR2001-018A2, such as building exteriors, parking and loading areas, fence/walls, and/or landscaping shall require a site plan review amendment.

8. During construction, applicant and assigned contractors for safety purposes shall keep the public right-of-way clear of obstructions and provide for interim clean-up on a daily basis.

9. All landscaping shall conform to the City of Clovis Water Efficient Landscape Ordinance.

Parking

10. Parking shall be provided as identified in the 2011 site plan approval, SPR2001 - 018A;or otherwise approved by the City of Clovis. The applicant shall have 1 year from the date of occupancy of the new building to provide parking approval.

A minimum of 16 parking stalls shall be provided for this project. Parking lot location and design shall be per Attachment 3 of this report.

11. Perpendicular (90 degree) parking spaces shall measure a minimum of 10' wide by 20' deep (18’ deep with 2’ bumper overhang into non-required landscape).

61 AGENDA ITEM NO. 11.

12. Trees, shrubs, light poles, fire hydrants and similar objects p laced in the two -foot bumper overhang area shall be placed as not to cause interference with the vehicles per Planning Division Standards.

Signage

13. All signage which are intended to be viewed from the outside shall require separate sign permits prior to installation.

14. Lighting for exterior illuminated signs shall not create a hazardous glare for pedestrians or vehicles, either in a public street or on any private premises. Each sign shall be designed so that illumination does not exceed ten (10) candlepowe r at a distance of ten feet (10’), measure from the base of the sign.

HVAC and PG&E Utility Placement Considerations/Screening Requirements

15. All electrical and HVAC equipment shall be screened to the specifications of the Planning Department. If ground-mounted, applicant shall show methods proposed to architecturally integrate equipment locations, or show methods proposed to screen equipment using landscaping. Any roof -mounted equipment placements shall be completely screened from view and archite cturally integrated into the roof using roof wells or continuous building perimeter fascia screening. Any wall-mounted equipment shall be painted to match the exterior wall.

16. Future placement of roof -mounted equipment, which is not part of this site plan approval, may require amendment to this Site Plan Review.

17. Fire sprinkler risers shall be located within the interior of the building or located out of public view. Locations shall be approved by the Planning Department prior to the issuance of building permits.

Building Colors, Materials and Lighting Considerations

18. All exterior lighting shall be directed away from adjacent properties and not interfere with the driving safety of vehicular traffic.

19. The applicant shall contact the Planning Department when a ll site lighting is operational. Additional light screening may be required.

FIRE DEPARTMENT CONDITIONS
(Rick Fultz, Department Representative - 324-2214)

FIRE PROTECTION SYSTEMS

20. Fire Sprinkler – 2,500 Square Feet: The applicant shall install an automatic fire sprinkler system in buildings exceeding 2,500 square feet in gross floor area, as per 62 AGENDA ITEM NO. 11.

NFPA 13. Consideration should be given to the fire service water supply for size and fire sprinkler design for the intended Occupancy use. This will insure proper fire protection for uses such as high piled storage or high hazard Occupancies.

21. Underground Fire Service Line Installation: Installation shall be per Clovis Fire Standard #2.1. Prior to installation, the applicant sh all submit fire sprinkler underground water supply plans for review and approval and issuance of a permit by the Clovis Fire Department. Prior to final acceptance, the underground fire service line shall be inspected, pressure tested and flushed in the pre sence of a Clovis Fire Department inspector. A permit is required to be on -site for all inspections requests.

NOTE – When a fire pump is required by the overhead system demand, the FDC shall be connected on the discharge side of the fire pump.

22. FDC Location: The Fire Department Connection to the automatic fire sprinkler system shall be shown on the site utility plan. Installation shall be per Clovis Fire Standard #2.1.This will be reviewed and approved by the Clovis Fire Department before installation.

23. Monitored Sprinklers: All valves controlling the water supply for automatic sprinkler systems and water flow switches on all sprinkler systems shall be electronically monitored for integrity.

BUILDING INFORMATION

24. Standard #1.8. Large commercial, industrial buildings may require additional building addressing on the back side of the building as approved by Clovis Fire Department.

Building numbers shall:

a. Be a minimum of twelve inches (12”) tall.
b. Be a minimum of one and one-half inches (1½”) principal stroke width. c. Be located above any eaves or walkway coverings, if possible. d. Face the street in which it is addressed, if possible.

OTHER

25. This project was reviewed by the fire department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site.

26. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Depart ment and the Building Departments. When a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building further comments will be given.

27. The development shall adhere to the Fir e Department red -lines as indicated in the attached Exhibit 1.
63 AGENDA ITEM NO. 11.

64 AGENDA ITEM NO. 11.

ENGINEERING / UTILITIES / SOLID WASTE DIVISION CONDITIONS (Sean Smith, Engineering Division Representative – 324-2363) (Paul Armendariz, Department Representative – 324-2649)

Maps and Plans

28. The applicant shall submit separately to the City of Clovis Engineering Division, a set of construction plans on 24" x 36" sheets with City standard title block for all required improvements and a current preliminary title report. These plans shall be prepared by a registered civil engineer, and shall include a grading plan, landscape plan, a site plan showing trash enclosure locations and an overall site utility plan showing locations and sizes of sewer, water, storm drain, and irrigation mains, laterals, manholes, meters, valves, hydrants, fire sprinkler services, other facilities, etc. Plan check and inspection fees per City of Clovis Resolution No. 21-102 shall be paid with the first submittal of said plans. All plans shall be submitted at or before the time the building plans are submitted to the Building Division and shall be approved by the City and all other involved agencies prior to the release of any development permits.

29. Prior to the initial submittal of the improvement plans, the applicant shall contact Sean Smith at (559) 324-2363 to setup a coordination meeting (Pre-submittal Meeting).

30. Upon approval of improvement plans, the applicant shall provide the City with the appropriate number of copies. After all improvements have been constructed and accepted by the City, the applicant shall submit to the City of Clovis Engineering Division (1) digital copy to the City in PDF format of the approved set of construction plans revised to accurately reflect all field conditions and revisions and marked "AS - BUILT" for review and approval. Upon approval of the AS -BUILTs by the City, and prior to granting of final occupancy or final acceptance, the applicant shall provide (1) digital copy to the City in PDF format.

General Provisions

31. The applicant shall pay all applicable development fees prior to the issuing of a building permit. A preliminary estimate of fees is $9,380.05. A breakdown of this estimate is attached to these conditions for your information. Additional fees may be assessed and must be paid prio r to issuance of subsequent development permits.

NOTE: The fees given at this time are an estimate calculated using rates currently in effect. These rates are subject to change without notice and the actual amount due shall be calculated using fee rates in effect at the time of payment. Additional fees payable to the City or other agencies (FMFCD) may become due as supplemental information regarding the project is received by the City.

32. The applicant is advised that, pursuant to California Government Code, Section 66020, any party may protest the imposition of fees, dedications, reservations, or other exactions imposed on a development project by a local agency. Protests must be filed in accordance with the provisions of the California Government Code and must be filed within 90 days after conditional approval of this application is granted. The 90 day 65 AGENDA ITEM NO. 11.

protest period for this project shall begin on the “date of approval” as indicated on the “Acknowledgment of Acceptance of Conditions” form.

33. The applicant shall install all improvements within public right-of-way and easements in accordance with the City of Clovis standards, specifications, master plans, and record drawings in effect at the time of improvement plan approval.

34. The applicant shall address all conditions and be responsible for obtaining encroachment permits from the City of Clovis for all work performed within the City's right-of-way and easements.

35. The applicant shall comply with the requirements of the local utility, telephone, and cable companies. The City shall not accept first submittals without proof that the applicant has provided the improvement plans and documents showing all proposed work to the utility, telephone, and cable companies. All utility vaults in which lids cannot be sloped to match proposed finished grading, local utilities have 5% max slope, shall be located in sidewalk areas with pedestrian lids so the lid slope matches sidewalk cross slope.

36. All new utility facilities located on-site or within the street right-of-way along the streets adjacent to this development shall be undergrounded unless otherwise approved by the City Engineer.

37. The applicant shall contact and address all r equirements of the United States Postal Service Clovis Office for the location and type of mailboxes to be installed. The location of the facilities shall be approved by the City Engineer prior to approval of improvement plans or any construction.

38. The applicant shall contact and address Caltrans requirements. The applicant will be required to mitigate impacts to State Highway facilities as determined by the City Engineer.

Dedications and Street Improvements

39. For new onsite ADA paths of travel that connec t to the City sidewalk, the applicant shall replace enough sidewalk to provide a compliant landing with appropriate transitions to existing sidewalk grades.

40. The applicant shall remove and repair all damaged or broken concrete improvements.

The City Engineer may require the repair of additional improvements if they are damaged prior to occupancy.

41. The applicant shall provide preliminary title report for the subject property(ies).

66 AGENDA ITEM NO. 11.

Sewer

42. The applicant shall install a sewer lateral for the development site and connect to City mains.

Water

43. The applicant shall provide dedication of 15-foot wide utility easements for all on-site water mains, hydrants, blow-offs, and water meters not located in otherwise dedicated rights-of-way.

44. The applicant shall install a City standard water service of the necessary size for the development site and connect to City mains. Water services shall be grouped to accommodate automatic meter reading system, including installation of connecting conduit. The water meter sha ll be placed in the sidewalk and not in planters or driveways.

45. The applicant shall install an approved backflow prevention assembly adjacent to the water meter and shall be tested by an approved AWWA certified tester within 5 days of installation with the results sent to the City Utilities Division.

Grading and Drainage

46. The applicant shall contact the Fresno Metropolitan Flood Control District (FMFCD) and address all requirements, pay all applicable fees required, obtain any required NPDES permit, and i mplement Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology to reduce or eliminate storm water pollution. Plans for these requirements shall be included in the previously required set of construction plans, and shall be submitted to and approved by the FMFCD prior to the release of any development permits.

Irrigation and Landscaping Facilities

47. The applicant shall contact and address all requirements of the Fresno Irrigation District (FID).

48. The applicant shall comply with the City of Clovis Water Efficient Landscape Requirements Ordinance.

49. The applicant shall modify the existing public park improvements necessary for the scope of work. Modifications shall include adequate irrigation for the existing landscaping to remain, as well as remove and repair all damaged or broken park improvements in kind to the satisfaction of the City Engineer.

67 AGENDA ITEM NO. 11.

Miscellaneous

50. The applicant shall perform one of the following:
a. Modify the existing City of Clovis Type III trash enclosure to a Type V trash enclosure including solid metal gates per City of Clovis Standard Drawings M- 2 and M -3 . The t rash enclosure shall be setback a minimum of 5’ from all driveways to minimize impact of gates left open and mitigate any visib ility issues.
b. Construct one (1) City of Clovis Standard Type III trash enclosure (M-2 and M- 3) including solid metal gates. The applicant shall provide paved access to and from the trash enclosure that must be accessible between 6 a.m. to 2:30 p.m. on the day(s) of service. The concrete pad shall be designed to accommodate for future grading of the alley. The concrete pad shall be inspected by the City prior to pouring of concrete. All access driveways to and from the trash enclosure shall be a minimum of 26’ in width with large turn radius. Trash enclosures shall be setback a minimum of 5’ from all driveways to minimize impact of gates left open and mitigate any visibility issues. c. Work with the Public Utilities Director on a feasible alternative desi gn before the final occupancy approval of the building.

51. The expanded weekly service capacity shall be charged in addition to the existing weekly service capacity per Clovis Municipal Code Section 6.3.

52. The trash enclosure shall be used only for trash and r ecycling bins. The applicant is prohibited from storing other items in the enclosure and storing trash or recycling bins outside the enclosure.

53. The applicant shall provide location and dimension of above ground utility boxes and risers with the location approved by the City.

54. The applicant shall require the surveyor/civil engineer for the development to notify, in writing, the City Engineer of any existing section corner, property corner or reference monuments damaged by the construction of improvements perf ormed as part of the development. The applicant shall have all such monuments reset. A licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance. Brass ca ps required for replacement of existing monuments shall be provided by the contractor/applicant and approved by City prior to installation. Within five days after the replacement of all damaged monuments has been completed, the engineer or surveyor shall g ive written notice to the City Engineer certifying that the final monuments have been set and that he has filed with the County Recorder all appropriate records of survey or corner records. Upon payment to the engineer or surveyor for setting the final mo numents, the applicant shall present to the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor. 68 AGENDA ITEM NO. 11.

55. A deferment, modification, or waiver of any engineering conditions will require the express written approval of the City Engineer.

56. All conditions of approval shall be fully complied with prior to issuance of a Certificate of Occupancy final acceptance.

FRESNO COUNTY HEALTH DEPARTMENT
(Kevin Tsuda, County Representative – 600-3271)

57. The Applicant shall refer to the attached Fre sno County Health requirements . If the list is not attached, please contact the District for the list of requirements.

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
(Carol Flores, District Representative – 230-5935)

58. The Applicant shall refer to the attached SJV Air Pollution Control District requirements. If the list is not attached, please contact the District for the list of requirements.

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
(Anthony Zaragoza, FMFCD Representative – 456-3292)

59. The Applican t shall refer to the attached FMFCD requirements . If the list is not attached, please contact the District for the list of requirements.

FRESNO IRRIGATION DISTRICT
(Jeremy Landrith, FID Representative – 233-7161)

60. The Applicant shall refer to the attached FID requirements. If the list is not attached, please contact the District for the list of requirements.

69 AGENDA ITEM NO. 11.

Dyson Janzen Architects, Inc.
1295 N Wishon Ave., Suite 101Fresno, CA 93728Phone 559.497.6370Fax 559.486.4909Web: dysonjanzen.com

CLOVIS BOTANICAL GARDEN

NEW VISITOR CENTER
06/27/21
945 N Clovis Ave., Clovis, CA 93611
APN: 56201042ST
APN: 56201041ST
APN: 56201035ST
APN: 56201033ST

N C L O V I S

A V E N U E

A L L U V I A L A V E N U E
APN: 56201035ST
APN: 56201033ST
APN: 56201032ST

SEE PARTIAL ENLARGED SITE PLAN

SITE PLAN
SCALE: 1" = 200'-0"
ATTACHMENT 3
Attachment 3
70 AGENDA ITEM NO. 11.

Dyson Janzen Architects, Inc.
1295 N Wishon Ave., Suite 101Fresno, CA 93728Phone 559.497.6370Fax 559.486.4909Web: dysonjanzen.com

CLOVIS BOTANICAL GARDEN

NEW VISITOR CENTER
06/27/22
945 N Clovis Ave., Clovis, CA 93611
(E) PARKING LOT

N C L O V I S A V E N U E

SEE PARTIAL ENLARGED SITE PLAN -
(E) PARKING LOT AND NEW VISITOR CENTER

PARTIAL ENLARGED SITE PLAN
SCALE: 1" = 120'-0"

E L P A S O

A V E N U E

NEW VISITOR CENTER

NEW PARKING LOT

SEE PARTIAL ENLARGED SITE PLAN -NEW PARKING LOT
71 AGENDA ITEM NO. 11.
72'
5'
5'
48'
46'
+/- 131'
+/- 130'
8'
Dyson Janzen Architects, Inc.
1295 N Wishon Ave., Suite 101Fresno, CA 93728Phone 559.497.6370Fax 559.486.4909Web: dysonjanzen.com

CLOVIS BOTANICAL GARDEN

NEW VISITOR CENTER
06/27/22
945 N Clovis Ave., Clovis, CA 93611

N C L O V I S A V E N U E

PROPOSEDVISITOR CENTER
2,540 SF

TERRACE
(E) CONC. DRIVE APPROACH
(E) MONUMENT ENTRY SIGN
(E) PARKING LOT49 STALLS TOTAL (INC. 4 ACC.)
(E) CONC. PAVED PUBLIC SIDEWALK
(E) CONC.WALK
(E) ACC.PARKING STALLS
(E) C.M.U. TRASH ENCLOSURE
(E) CONC. PAVED PUBLIC SIDEWALK
(E) ACC.PARKING STALLS
(E) CONC. WALK (E) ACC.REST-ROOMS
(E) HI-LO DRINKINGFOUNTAIN
NEW CONC. WALK
(E) FIRE

HYDRANT
(E) WROUGHT IRON FENCE
(E) GATE
(E) WROUGHT IRON FENCE
(E) CHAINLINK
FENCE
(N) FENCE
(N) GATE

OVERHANG
(E) TREE, TYP.
(E) FLAGPOLE
(E) DIRT
PATH
(E) PORTABLE STRUCURE

TO BE REMOVED

PARTIAL ENLARGED SITE PLAN
SCALE: 1" = 60'-0"
(E) PARKING LOT AND NEW VISITOR CENTER
72 AGENDA ITEM NO. 11.
10'
20' TYP.

TYP.
26'

E L P A S O

A V E N U E

N C L O V I S A V E N U E
20' TYP.

Dyson Janzen Architects, Inc.
1295 N Wishon Ave., Suite 101Fresno, CA 93728Phone 559.497.6370Fax 559.486.4909Web: dysonjanzen.com

CLOVIS BOTANICAL GARDEN

NEW VISITOR CENTER
06/27/22
945 N Clovis Ave., Clovis, CA 93611
(E) PAVILION

PARTIAL ENLARGED SITE PLAN
SCALE: 1" = 60'-0"

NEW PARKING LOT

N C L O V I S A V E N U E
(E) TREE, TYP.

ACC.PARKING STALLS
ALL WEATHER SURFACE STALLS, TYP.

PAVED DRIVE
NEW PARKING LOT17 STALLS TOTAL (INC. 1 VAN ACC.)
73 AGENDA ITEM NO. 11.
74 AGENDA ITEM NO. 11.
0' - 0" FINISHED FLOOR
10' - 0" T.O.F.

T.O.F.
17' - 8"
25' - 3"
T.O.F.
19' - 0"
0' - 0" FINISHED FLOOR
25' - 3"
22' - 1 1/2" T.O.F.

T.O.F.

Dyson Janzen Architects, Inc.
1295 N Wishon Ave., Suite 101 Fresno, CA 93728 Phone 559.497.6370 Fax 559.486.4909 Web: dysonjanzen.com

CLOVIS BOTANICAL GARDEN

NEW VISITOR CENTER
03/24/22
945 N Clovis Ave., Clovis, CA 93611
3/32" = 1'-0" 1 SOUTHWEST ELEAVTION
3/32" = 1'-0" 2 SOUTHEAST ELEVATION
CAST CONCRETE WALL w/ 6'
DIAMETER DUAL GLAZED OPENING.
18GA. METAL
FASCIA, TYP.
1X6 CHANNEL RUSTIC CEDAR PLANK
SOFFITS/ CEILINGS, TYP.

RAISED SEAM

METAL ROOFING
HORIZONTAL 4x12 TUBE STEEL
LOUVERS @30" O.C.

ALUMINUM STOREFRONT, TYP.
20 GA. B DECK METAL STEEL SIDING w/ 1 1/2"
RIB HEIGHT AND 6" O.C. SPACING, MITERED
CORNERS, TYP.
75 AGENDA ITEM NO. 11.
0' - 0" FINISHED FLOOR
10' - 0" T.O.F.

T.O.F.
19' - 0"
25' - 3"
17' - 8"
T.O.F.

T.O.F.
0' - 0" FINISHED FLOOR
T.O.F. 25' - 3"
T.O.F. 22' - 1 1/2"
Dyson Janzen Architects, Inc.
1295 N Wishon Ave., Suite 101 Fresno, CA 93728 Phone 559.497.6370 Fax 559.486.4909 Web: dysonjanzen.com

CLOVIS BOTANICAL GARDEN

NEW VISITOR CENTER
03/24/22
945 N Clovis Ave., Clovis, CA 93611
3/32" = 1'-0" 1 NORTHEAST ELEVATION
3/32" = 1'-0" 2 NORTHWEST ELEVATION
OVERHEAD INSULATED ALUMINIUM FULL-VIEW SECTIONAL DOOR w/ 3/4" INSULATED TEMPERED GLASS PANELS 1X6 CHANNEL RUSTIC CEDAR
PLANK SOFFITS/ CEILINGS, TYP.

RAISED SEAM

METAL ROOFING
HORIZONTAL 4x12 TUBE STEEL
LOUVERS @30" O.C.

ALUMINUM STOREFRONT, TYP. 6X12 STEEL TUBE
MULLIONS, TYP.
20 GA. B DECK METAL STEEL SIDING w/ 1 1/2"
RIB HEIGHT AND 6" O.C. SPACING, MITERED
CORNERS, TYP.
18GA. METAL
FASCIA, TYP.
76 AGENDA ITEM NO. 11.

ATTACHMENT 4
Attachment 4
77 AGENDA ITEM NO. 11.
78 AGENDA ITEM NO. 11.
79 AGENDA ITEM NO. 11.

PROJECT NO:

APN:

ADDRESS:

SENT:
2001-018A2
E. SIDE OF CLOVIS AVE. BTWN. NEES AVE. & ALLUVIAL
AVE.
562-010-48T, 33ST, 562-010-32ST
April 04, 2022

PUBLIC AGENCY

LILY CHA

DEPARTMENT OF PLANNING AND

DEVELOPMENT SERVICES

CITY OF CLOVIS
1033

FIFTH STREET

CLOVIS, CA
93612

DEVELOPER

CLOVIS BOTANICAL GARDEN
1865
HERNDON AVE., SUITE K

CLOVIS, CA
93611
Drainage Area(s)
Preliminary Fee(s)
7C
$12,979.00
Development Review
Service Charge(s)
Fee(s)
NOR Review
$50.00
To be paid prior to release of District comments to Public Agency and Developer.

Grading Plan Review
$178.00
Amount to be submitted with first grading plan submittal.

Total Drainage Fee: $12,979.00
Total Service Charge: $228.00
The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements.

Pursuant to the District
’
s Development Review Fee Policy, the subject project shall pay review fees for issuance of this Notice of Requirements (NOR) and any plan submittals requiring the District ’
s reviews. The NOR fee shall be paid to the District by Developer before the Notice of Requirement will be submitted to the City. The Grading Plan fee shall be paid upon first submittal. The Storm Drain Plan fee shall be paid prior to return/pick up of first submittal.

The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid through 2/28/23
based on the site plan
submitted to the District on
3/08/22
Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area.

Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
a.)
Fees related to undeveloped or phased portions of the project may be deferrable. b.)
Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration.
c.)
Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d.)
The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation.
e.)
When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. f.)
Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the General Manager of the District within 60 days from payment of the fee. A non refundable $300 Administration fee or 5% of the refund whichever is less will be retained without fee credit. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS
File No. 210.432

80 AGENDA ITEM NO. 11.

Approval of this development shall be conditioned upon compliance with these District Requirements.

1. X
a.

Drainage from the site shall BE DIRECTED TO CLOVIS AVENUE.

b.

Grading and drainage patterns shall be as identified on Exhibit No.

c.

The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan.

2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency:

Developer shall construct facilities as shown on Exhibit No. 1 as X
None required.

3. The following final improvement plans and information shall be submitted to the District for review prior to final development approval:

X
Grading Plan

Street Plan

Storm Drain Plan

Water & Sewer Plan

Final Map

Drainage Report (to be submitted with tentative map)

Other

None Required

4. Availability of drainage facilities:

X
a.

Permanent drainage service is available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet(s).

b.

The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service.

c.

Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available.

d.

See Exhibit No. 2.

5. The proposed development:

X
Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.)

Does not appear to be located within a flood prone area.

6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS

81 AGENDA ITEM NO. 11.

7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction.

a.

State General Permit for Storm Water Discharges Associated with Construction Activities, effective July 1, 2010, as amended. A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre) if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent and Permit Registration Documents to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance.

b.

State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 2014 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board.

c.

The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff.

8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements.

9. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies.

10. X
See Exhibit No. 2 for additional comments, recommendations and requirements.

Debbie Campbell
Robert Villalobos
Design Engineer, RCE
Engineering Tech III
Digitally signed by Debbie Campbell Date: 4/4/2022 11:44:54 AM Digitally signed by Robert Villalobos Date: 3/30/2022 9:47:01 AM 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS

82 AGENDA ITEM NO. 11.
5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS

83 AGENDA ITEM NO. 11.

In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain system.

The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff.

Development No.

CL SPR No. 2001-018A2

OTHER REQUIREMENTS
EXHIBIT NO. 2
84 AGENDA ITEM NO. 11.

County of Fresno

DEPARTMENT OF PUBLIC HEALTH
Promotion, preservation and protection of the community’s health 1221 Fulton Mall /P. O. Box 11867, Fresno, CA 93775
(559) 600-3271 FAX (559) 600-7629
The County of Fresno is an Equal Opportunity Employer
www.co.fresno.ca.us www.fcdph.org
January 4, 2022
LU0021552
2604
Kelsey George, Assistant Planner
City of Clovis
Planning and Development Services Department
1033 Fifth Street
Clovis, CA 93612
Dear Ms. George:

PROJECT NUMBER: DRC-21-055
Visitor center for the Clovis Botanical Garden.

APN: 562-010-32ST, -33ST, -35ST, -41ST, -42ST ZONING: O ADDRESS: 945 N. Clovis Avenue Recommended Conditions of Approval:
 Applicants that propose to use and/or store hazardous materials and/or hazardous wastes, they shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter

6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Any business that handles a hazardous material or hazardous waste may be required to submit a Hazardous Materials Business Plan pursuant to the California Health and Safety Code (HSC), Division 20, Chapter 6.95, Section 25507 (http://cers.calepa.ca.gov/). Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.
 The project has the potential to expose nearby residents to noise levels in excess of standards established in the Noise Element of the City of Clovis General Plan and the Noise Ordinance.  As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor.
 Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.
85 AGENDA ITEM NO. 11.

Kelsey George
January 4, 2022
DRC-21-055

REVIEWED BY:

Kevin Tsuda, R.E.H.S.

Environmental Health Specialist II (559) 600-3271
KT
cc: Deep Sidhu- Environmental Health Division (CT. 55.13) Arthur Dyson- Applicant ([email protected])
Dwight Kroll- Applicant ([email protected])
86 AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: Administration
DATE: July 18, 2022
SUBJECT: Consider Adoption – Ord. 22-06, R2008-007A3, A request to amend the Loma Vista Community Centers North and South Master Plan to remove the planned local street identified as Marengo Avenue within Planning Area 1 and Planning Area 2 and to adjust the underlying R-3 Zone District to reflect the modified circulation layout. AP Multifamily, LP, pr operty owner; Wathen Castanos Homes, applicant; Precision Civil Engineering, representative. (Vote: 4-0-1 with Councilmember Whalen absent) Staff: Karey Cha, City Clerk
Recommendation: Adopt
ATTACHMENTS: 1. None.

This item is on the regular agenda because at introduction it was approved with a less than unanimous vote.

Please direct questions to the City Manager’s office at 559-324-2060. 87 AGENDA ITEM NO. 12.

TO: Mayor and City Council
FROM: Administration
DATE: July 18, 2022
SUBJECT: Consider Approval – Appointment to City Representative to the Governing Board of the Fresno Metropolitan Flood Control District (FMFCD) Board of Directors.

Staff: John Holt, City Manager
Recommendation: Approve
ATTACHMENTS: 1. Letter from Roy Spina, Jr., Resigning from the FMFCD Board.

CONFLICT OF INTEREST
None.

RECOMMENDATION
It is recommended for the Mayor, subject to approval by the City Council, to make an appointment for the City Representative to the Governing Board of the Fresno Metropolitan Flood Control District (FMFCD) Board of Directors.

EXECUTIVE SUMMARY
Current City repr esentative, Roy Spina, Jr., has submitted his resignation from the FMFCD Board after 28 years of service representing the City of Clovis. His term will expire August 3, 2022, leaving an opening for a new City of Clovis representative to be appointed. Int erviews were conducted with interested applicants, and Mayor Flores is recommending the appointment of Sargeant J. Green. If appointed, the term will begin September 1, 2022, and will continue for a four-year term through August 3, 2026.

BACKGROUND
The term of appointment for the City’s representative, Roy Spina Jr., expires on August 31, 2022.

Mr. Spina has submitted his letter of resignation from the Board after 28 consecutive years of service for the City of Clovis.

FISCAL IMPACT
None.

88 AGENDA ITEM NO. 13.

REASON FOR RECOMMENDATION
Appointments to the Fresno Metropolitan Flood Control District Board of Trustees shall be acted upon by the City Council.

ACTIONS FOLLOWING APPROVAL
Staff will inform Sargeant J. Green of the City Council’s action in this matter and will take whatever further actions are needed to complete the notification for this appointment.

Prepared by: Rebecca Simonian, Executive Assistant

Reviewed by: City Manager AH
89 AGENDA ITEM NO. 13.

ATTACHMENT 1
90 AGENDA ITEM NO. 13.

TO: Mayor and City Council
FROM: Administration
DATE: July 18, 2022
SUBJECT: Consider Approval – A Request from the 500 Club Casino for the City Council to Oppose Proposition 26 Which, if Passed, Would Legalize sports betting at American Indian gaming casinos and licensed racetracks in California.

Staff: John Holt, City Manager
Recommendation: Approve
ATTACHMENTS: 1. Request from 500 Club Casino

2. Full text of ballot initiative

3. Summary of Propositions 26 and 27

CONFLICT OF INTEREST
None

RECOMMENDATION
For the City Council to consider support of a request from the 500 Club Casino for the City Council to oppose Proposition 26 which, if passed, would legalize sports betting at American Indian gaming casinos and licensed racetracks in California.

EXECUTIVE SUMMARY
Staff is in receipt of a request from the 500 Club Casino requesting the City Council to oppose Proposition 26. Proposition 26 will be on the ballot on November 8, 2022, for California voters to consider.

A "yes" vote supports this ballot initiative to (i) legalize sports betting at American Indian gaming casinos and licensed racetracks in California; (ii) tax profi ts derived from sports betting at racetracks at 10%; and (iii) legalize roulette and dice games, such as craps, at tribal casinos.

A "no" vote opposes this ballot initiative, thus continuing to prohibit sports betting in California and roulette and dice games at tribal casinos.

91 AGENDA ITEM NO. 14.

Opponents of Proposition 26 raise the following concerns:

 Prop. 26 would “…guarantee tribal casinos a near monopoly on all gaming in California — adding exclusivity over roulette, craps, and sports wagering to their current monopoly on slot machines — while weaponizing the Private Attorneys General Act (PAGA) so it can be used against tribal casino operators’ legally operating competition.”

 Prop. 26 would “…change the State Constitution to allow tribal casinos to hire private trial lawyers and replace the role of the Attorney General to sue their non -tribal competitors.

As a result, the measure puts more than 32,000 jobs, $1.6 billion in wages and $5.5 billion in total economic impact at risk.”

 Prop 26 expands “…Private Attorneys General Act (PAGA) into new territory by allowing tribal casinos to sue their competitors — forcing cardrooms out of business with unlimited, meritless lawsuits. Local communities will lose more than 32,000 good paying jobs that generate $1.6 billion in wages annually.”

 Prop 26 “…will force cardrooms out of business and result in a loss of $500 million in local tax revenue statewide — meaning fewer funds for public health, homelessness services, senior centers, and after-school programs. California and local communities will lose $5.6 billion in economic output generated by cardrooms.”

The 500 Club Casino generates over $1 million for the General Fund and continues to grow each year. If the 500 Club Casino is financially impacted by Proposition 26, it will have a negative impact on the City’s revenue stream.

Staff is recommending approval of a request for the City Council to oppose Proposition 26 because approval of the proposition could have a negative impact on City revenues.

BACKGROUND
Staff is in receipt of a request from the 500 Club Casino requesting the City Council to oppose Proposition 26. Proposition 26 will be on the ballot on November 8, 2022, for California voters to consider.

Proposition 26 would authorize new types of gamblin g at Native American Indian casinos and designated licensed horse racing tracks in California . Proposition 26 is an initiative that would amend the state constitution to a llow federally recognized Native American tribes to operate roulette, dice games, and sports wagering on tribal lands, subject to compacts negotiated by the Governor and ratified by the Legislature. Beginning in 2022, allows on -site sports wagering at only privately operated horse -racing tracks in four specified counties for persons 21 yea rs or older. Imposes 10% tax on sports -wagering profits at horse -racing tracks; directs portion of revenues to enforcement and problem -gambling programs. Prohibits marketing of sports wagering to persons under 21. Authorizes private lawsuits to enforce oth er gambling laws.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state revenues, potentially reaching the tens of millions of dollars annually, from payments made by facilities offering sports wagering and new civil 92 AGENDA ITEM NO. 14.
penalties authorized by this measure. Some portion of these revenues would reflect a shift from other existing state and local revenues. Increased state regulatory costs, potentially reaching the low tens of millions of dollars annually. Some or all of these costs would be offset by the increased revenue or reimbursements to the state. Increased state enforcement costs, not likely to exceed several million dollars annually, related to a new civil enforcement tool for e nforcing certain gaming laws.

A "yes" vote supports this ballot initiative to (i) legalize sports betting at American Indian gaming casinos and licensed racetracks in California; (ii) tax profits derived from sports betting at racetracks at 10%; and (iii) legalize roulette and dice games, such as craps, at tribal casinos.

A "no" vote opposes this ballot initiative, thus continuing to prohibit sports betting in California and roulette and dice games at tribal casinos.

What would Proposition 26 change? Proposition 26 would legalize sports betting at American Indian gaming casinos and designated privately operated licensed horse racetracks only in the Counties of Alameda, Los Angeles, Orange, and San Diego . The ballot measure would define sports betting as wagering on the results of professional, college, or amateur sport and athletic events, except for high school sports and events featuring a California college team. Individuals would need to be 21 years of age to engage in legal sports betting.

The ballot measure would enact a tax of 10 percent on profits derived from sports betting at racetracks. The state government would be required to distribute the revenue as follows: (a) 15 percent to the California Department of Health for researching, developing, and implementing programs for problem gambling prevention and mental health and providing grants to local governments to address problem gambling and mental health; (b) 15 percent to the Bureau of Gambling Control for en forcing and implementing sports wagering and other forms of gaming within the state; and (c) 70 percent to the General Fund.

The ballot measure would also legalize roulette and dice games, such as craps, at tribal casinos; however, tribal-state compacts would need to be amended before these games can be offered.

Supporters: Primarily Native American Indian Tribes.

Opponents: Primarily existing Casinos not located on Tribal Land and licensed racetracks not designated in the initiative language.

A ballot measure committee called Taxpayers Against Special Interest Monopolies — funded principally by card rooms — has formed in opposition to Prop. 26. The committee alleged in a recent press release that Prop. 26 would “ …guarantee tribal casinos a near monopol y on all gaming in California — adding exclusivity over roulette, craps, and sports wagering to their current monopoly on slot machines — while weaponizing the Private Attorneys General Act (PAGA) so it can be used against tribal casino operators’ legally operating competition.”

“Specifically, this change in the State Constitution allows tribal casinos to hire private trial lawyers and replace the role of the Attorney General to sue their non -tribal competitors. As a result, the 93 AGENDA ITEM NO. 14.
measure puts more than 32,0 00 jobs, $1.6 billion in wages and $5.5 billion in total economic impact at risk. Cities rely on this revenue for resident services such as public safety, housing, and homeless programs.”

“Prop 26 changes the Constitution and sets a dangerous precedent that could result in the loss of tens of thousands of quality jobs in minority communities. Tribal casinos have a history of unsuccessfully challenging the legality of local cardrooms. Now, they’re taking it a step too far by exploiting the Private Attorneys General Act (PAGA) that was originally meant to protect workers. Prop 26 expands PAGA into new territory by allowing tribal casinos to sue their competitors — forcing cardrooms out of business with unlimited, meritless lawsuits. Local communities will los e more than 32,000 good paying jobs that generate $1.6 billion in wages annually.”

“It deprives local governments of revenue for vital services. Prop 26 contains a poison pill for local cardrooms, which are a significant source of tax revenue and economic activity for many local governments. The measure will force cardrooms out of business and result in a loss of $500 million in local tax revenue statewide — meaning fewer funds for public health, homelessness services, senior centers, and after -school programs. California and local communities will lose $5.6 billion in economic output generated by cardrooms.”

FISCAL IMPACT
The 500 Club Casino generates over $1 million for the General Fund and continues to grow each year. If the 500 Club Casino in financially impacted by Proposition 26, it will have a negative impact on the City’s revenue stream.

REASON FOR RECOMMENDATION
Staff is recommending approval of a request for the City Council to oppose Proposition 26 because approval of the proposition could have a negative impact on city revenues.

ACTIONS FOLLOWING APPROVAL
If approved, staff will draft a letter of opposition to Proposition 26.

Prepared by: John Holt, City Manager

Reviewed by: City Manager _____
94 AGENDA ITEM NO. 14.

Attachment 1
95 AGENDA ITEM NO. 14.

Attachment 2
96 AGENDA ITEM NO. 14.
97 AGENDA ITEM NO. 14.
98 AGENDA ITEM NO. 14.
99 AGENDA ITEM NO. 14.
100
AGENDA ITEM NO. 14.
101
AGENDA ITEM NO. 14.
102
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104
AGENDA ITEM NO. 14.
105
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106
AGENDA ITEM NO. 14.

Propositions 26 and 27: Legalizing sports gambling, two ways: After the U.S. Supreme Court struck down a federal law banning state-regulated sports betting, two big-spending interests stepped up with California legalization proposals.

Proposition 26
AUTHORIZES NEW TYPES OF GAMBLING. INITIATIVE CONSTITUTIONAL AND STATUTORY AMENDMENT.

Allows federally recognized Native American tribes to operate roulette, dice games, and sports wagering on tribal lands, subject to compacts negotiated by the Governor and ratified by the Legislature.

Beginning in 2022, allows on-site sports wagering at only privately operated horse-racing tracks in four specified counties for persons 21 years or older. Imposes 10% tax on sports-wagering profits at horse- racing tracks; directs portion of revenues to enforcement and problem-gambling programs. Prohibits marketing of sports wagering to persons under 21. Authorizes private lawsuits to enforce other gambling laws. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state revenues, potentially reaching the tens of millions of dollars annually, from payments made by facilities offering sports wagering and new civil penalties authorized by this measure. Some portion of these revenues would reflect a shift from other existing state and local revenues. Increased state regulatory costs, potentially reaching the low tens of millions of dollars annually. Some or all of these costs would be offset by the increased revenue or reimbursements to the state. Increased state enforcement costs, not likely to exceed several million dollars annually, related to a new civil enforcement tool for enforcing certain gaming law (19-0029A1.) Proposition 27
ALLOWS ONLINE AND MOBILE SPORTS WAGERING. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Legalizes online and mobile sports wagering, which currently is prohibited, for persons 21 years and older. Such wagering may be offered only by federally recognized Indian tribes and eligible businesses that contract with them. Individuals placing bets must be in California and not located on Indian lands. Imposes 10% tax on sports-wagering revenues and licensing fees. Directs tax and licensing revenues first to regulatory costs, then remainder to: 85% to homelessness programs; 15% to nonparticipating tribes. Specifies licensing, regulatory, consumer-protection, and betting-integrity standards for sports wagering. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state revenues, potentially reaching the mid- hundreds of millions of dollars annually, from online sports wagering-related taxes, licensing fees, and penalties. Some portion of these revenues would reflect a shift from other existing state and local revenues. Increased state regulatory costs, potentially reaching the mid-tens of millions of dollars annually, that would be fully or partially offset by the increased revenues. (21-0017A1.) Proposition 27 specifically includes language that says voters declare the two measures do not conflict, and that if both pass, they both can become law. However, if both pass there would likely be litigation to settle the matter.

Attachment 3 107
AGENDA ITEM NO. 14.

Ballotpedia:

California Proposition 26, Legalize Sports Betting on American Indian Lands Initiative (2022). California Proposition 26, the Legalize Sports Betting on American Indian Lands Initiative is on the ballot in California as a combined initiated constitutional amendment and state statute on November 8, 2022.

A "yes" vote supports this ballot initiative to (i) legalize sports betting at American Indian gaming casinos and licensed racetracks in California; (ii) tax profits derived from sports betting at racetracks at 10%; and (iii) legalize roulette and dice games, such as craps, at tribal casinos.

A "no" vote opposes this ballot initiative, thus continuing to prohibit sports betting in California and roulette and dice games at tribal casinos.

Overview
What would Proposition 26 change? Proposition 26 would legalize sports betting at American Indian gaming casinos and licensed racetracks in California.[1] The ballot measure would define sports betting as wagering on the results of professional, college, or amateur sport and athletic events, with the exception of high school sports and events featuring a California college team. Individuals would need to be 21 years of age to engage in legal sports betting.[1] The ballot measure would enact a tax of 10 percent on profits derived from sports betting at racetracks.

The state government would be required to distribute the revenue as follows: (a) 15 percent to the California Department of Health for researching, developing, and implementing programs for problem gambling prevention and mental health and providing grants to local governments to address problem gambling and mental health; (b) 15 percent to the Bureau of Gambling Control for enforcing and implementing sports wagering and other forms of gaming within the state; and (c) 70 percent to the General Fund.[1]
The ballot measure would also legalize roulette and dice games, such as craps, at tribal casinos; however, tribal-state compacts would need to be amended before these games can be offered.[1] Who is behind the campaigns surrounding the ballot initiative? See also: Campaign finance
The Coalition to Authorize Regulated Sports Wagering is leading the campaign in support of the ballot initiative. The coalition is supported by several American Indian tribes, including the top donors to the campaign—the Pechanga Band of Luiseno Indians, Yocha Dehe Wintun Nation, Federated Indians of Graton Rancheria, San Manuel Band of Mission Indians, and Agua Caliente Band of Cahuilla Indians. The campaign had raised $30.58 million.

Taxpayers Against Special Interest Monopolies is leading the campaign against the proposal. The campaign, along with a terminated PAC No on the Gambling Power Grab, raised $25.54 million. The top donors to the opposition were gambling-related companies, including the California Commerce Club, 108
AGENDA ITEM NO. 14.

Hawaiian Gardens Casino, Park West Casinos, The Bicycle Hotel & Casino, PT Gaming LLC, and Knighted Ventures LLC.

Where else is sports betting legal?
See also: States with sports betting
As of April 15, 2022, sports betting was legal, or laws to legalize had been approved, in 30 states and D.C. Five of the states—New Jersey (2011), Arkansas (2018), Colorado (2019), Maryland (2020), and South Dakota (2020)—legalized sports betting through a ballot measure.[2] Ballot title
The official ballot title is as follows:[3]
“ Authorizes New Types of Gambling. Initiative Constitutional and Statutory Amendment.[4] ” Petition summary
The summary provided for inclusion on signature petition sheets is as follows:[3] “ Allows federally recognized Native American tribes to operate roulette, dice games, and sports wagering on tribal lands, subject to compacts negotiated by the Governor and ratified by the Legislature. Beginning in 2022, allows on-site sports wagering at only privately operated horse-racing tracks in four specified counties for persons 21 years or older. Imposes 10% tax on sports-wagering profits at horse-racing tracks; directs portion of revenues to enforcement and problem-gambling programs. Prohibits marketing of sports wagering to persons under 21. Authorizes private lawsuits to enforce other gambling laws.[4] ” Fiscal impact
The fiscal impact statement is as follows:[3]
“ Increased state revenues, potentially reaching the tens of millions of dollars annually, from payments made by facilities offering sports wagering and new civil penalties authorized by this measure. Some portion of these revenues would reflect a shift from other existing state and local revenues. Increased state regulatory costs, potentially reaching the low tens of millions of dollars annually. Some or all of these costs would be offset by the increased revenue or reimbursements to the state. Increased state enforcement costs, not likely to exceed several million dollars annually, related to a new civil enforcement tool for enforcing certain gaming laws.[4] ”
Support
The Coalition for Safe, Responsible Gaming is leading the campaign in support of the ballot initiative.[5][6]
Supporters
109
AGENDA ITEM NO. 14.

American Indian Tribes
 Agua Caliente Band of Cahuilla Indians
 Barona Band of Mission Indians
 Big Valley Band of Pomo Indians
 Bishop Paiute Tribe
 Chemehuevi Indian Tribe
 Dry Creek Rancheria Band of Pomo Indians
 Federated Indians of Graton Rancheria
 Mechoopda Indian Tribe of Chico Rancheria
 Middletown Rancheria of Pomo Indians of California
 Morongo Band of Mission Indians
 Pala Band of Mission Indians
 Pechanga Band of Luiseño Indians
 Rincon Band of Luiseño Indians
 San Manuel Band of Mission Indians
 San Pasqual Band of Mission Indians
 Santa Rosa Rancheria Tachi-Yokut Tribe
 Santa Ynez Band of Chumash Indians
 Shingle Springs Band of Miwok Indians
 Sycuan Band of the Kumeyaay Nation
 The Bear River Band of the Rohnerville Rancheria
 Twenty-Nine Palms Band of Mission Indians
 Viejas Band of Kumeyaay Indians
 Wilton Rancheria
 Yocha Dehe Wintun Nation
Unions
 California Nations Indian Gaming Association
 Deputy Sheriff’s Association of San Diego County
 San Diego Police Officers Association
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Organizations
 AYPAL: Building API Community Power
 Baptist Ministers Conference of Los Angeles and Southern California  California Hawaii State Conference NAACP
 California Thoroughbred Breeders Association
 California Young Democrats
 El Dorado County Chamber of Commerce
 La Raza Roundtable of California
 Los Angeles Urban League
 National Action Network - Los Angeles
 Rural SURJ of Northern California
 SURJ North San Diego County
 SURJ Sacramento
 SURJ Santa Barbara
 Santa Clarita Branch NAACP
 Showing Up for Racial Justice - San Francisco
 Urban League of San Diego County
 Western Regional Advocacy Project
Arguments
 Mark Macarro, chairman of Pechanga Band of Luiseño Indians: "Californians should have the choice to participate in sports wagering at highly regulated, safe and experienced gaming locations. We are very proud to see tribes from across California come together for this effort, which represents an incremental but important step toward giving Californians the freedom to participate in this new activity in a responsible manner."  Steve Stallings, chairman of the California Nations Indian Gaming Association: "A strong, well- regulated gaming industry is of utmost importance to California’s tribal governments and the public. This initiative allows sports wagering in a responsible manner and provides for transparency and strict regulation."
Opposition
Taxpayers Against Special Interest Monopolies is registered to oppose the ballot initiative.[7] Opponents
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AGENDA ITEM NO. 14.

Corporations
 Bicycle Casino
 Elevation Entertainment Group
 Hawaiian Gardens Casino
 Hollywood Park Casino
 Knighted Ventures LLC
 PT Gaming LLC
 Parkwest Casinos
Unions
 California Contract Cities Association

Arguments
 Marcel Rodarte, executive director of the California Contract Cities Association: "The California Contract Cities Association overwhelmingly voted to oppose the qualified tribal gaming initiative as it will not benefit our residents or communities. The proposed initiative also exploits the Private Attorneys General Act, opening the floodgates for frivolous lawsuits that will harm city revenues that fund vital city services such as roads, schools, homelessness services and fire protection."
 Leonard Mendoza, mayor of the City of Commerce: "During the pandemic, California cities that depend on the revenues generated through legal gaming at cardrooms have seen the devastating impacts cardroom closures have had on municipal budgets and the vital services they fund. Hundreds of millions of dollars in local revenues are on the line, money needed to invest in the safety and well-being of our residents."
 Kyle Kirkland, president of the California Gaming Association: "This initiative does nothing to advance sports wagering, and instead expands the tribal casinos’ tax-free monopoly on gaming and rewards those operators for prioritizing their own wealth over public health and safety."

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AGENDA ITEM NO. 14.

California Proposition 27, Legalize Sports Betting and Revenue for Homelessness Prevention Fund Initiative (2022). California Proposition 27, the Legalize Sports Betting and Revenue for Homelessness Prevention Fund Initiative is on the ballot in California as a combined initiated constitutional amendment and state statute on November 8, 2022.[1]
A "yes" vote supports legalizing online and mobile sports betting for persons 21 years of age or older, establishing regulations for the mobile sports betting industry, imposing a 10% tax on sports betting revenues and licensing fees, and allocating tax revenue to an account for homelessness programs and an account for tribes not operating sports betting.

A "no" vote opposes this ballot initiative, thus continuing to prohibit sports betting in California.

Overview
What would Proposition 27 do?
See also: Measure design
Proposition 27 proposes a constitutional amendment and statute to authorize a gaming tribe, an online sports betting platform with an operating agreement with a gaming tribe, or a qualified gaming company with a market access agreement with a gaming tribe may operate online sports betting for individuals 21 years of age or older in the state but outside of Indian lands. The amendment would prohibit online sports betting on youth sports. The proposed law would create the Division of Online Sports Betting Control within the Department of Justice. The initiative would give the division authority to regulate the online sports betting industry and investigate illegal sports betting activities. The amendment would take effect on January 1, 2023.[1]
The proposed law would establish the California Online Sports Betting Trust Fund. The revenue from licensing fees, renewals, and the sports wagering tax would be deposited into the fund. After deducting regulatory costs, 85% of the fund's revenues would be allocated to California Solutions to Homelessness and Mental Health Support Account for permanent and interim housing and 15% of revenues to the Tribal Economic Development Account, which would be established by the initiative to provide funds to Indian tribes for expanding tribal government, public health, education, infrastructure, and economic development.[1]
Currently, mobile and in-person sports betting is illegal in California.

Who supports and opposes Proposition 27?
See also: Support and Opposition
Californians for Solutions to Homelessness and Mental Health Support is leading the campaign in support of Proposition 27. As of June 30, the campaign had raised over $100 million. Its top three donors include BetMGM LLC, Betfair Interactive US LLC (FanDuel Sportsbook), and Crown Gaming, Inc. (DraftKings). Nathan Click, a spokesman for the campaign, said, "Our measure is the only one that would 113
AGENDA ITEM NO. 14.
guarantee hundreds of millions each year in solutions to homelessness and mental health support. We have found Californians are enthusiastic about it and the housing and mental health solutions it would provide the state."[2]
Californians for Tribal Sovereignty and Safe Gaming and Coalition for Safe, Responsible Gaming are leading campaigns in opposition to the initiative. Together the committees have raised $114.13 million.

The top three donors include the San Manuel Band of Mission Indians, the Pechanga Band of Luiseno Indians, and the Yocha Dehe Wintun Nation. Chairman James Siva of the California Nations Indian Gaming Association said, "Don’t be fooled. These measures are not a fix to homelessness, but rather a massive explosion of gaming that will directly undercut tribal sovereignty and self-sufficiency."[3] Where else is sports betting legal?
See also: States with sports betting
As of June 28, 2022, sports betting was legal, or laws to legalize had been approved, in 35 states and D.C. Five of the states—New Jersey (2011), Arkansas (2018), Colorado (2019), Maryland (2020), and South Dakota (2020)—legalized sports betting through a ballot measure.[4] Measure design
See also: Text of measure
Click on the arrows (▼) below for summaries of the different provisions of the initiative.

Sports Betting Legalization: Authorizes online and mobile sports wagering California Online Sports Betting Trust Fund: Revenue sources and fund distribution Division of Online Sports Betting Control: The establishment of the division Violations of the proposed law: Fines and penalties for violating the proposed law Text of measure
Ballot title
The ballot title is as follows:[5]
“ Allows Online and Mobile Sports Wagering. Initiative Constitutional Amendment and Statute.[6] ”
Petition summary
The summary provided for inclusion on signature petition sheets is as follows:[5] “ Legalizes online and mobile sports wagering, which currently is prohibited, for persons 21 years and older. Such wagering may be offered only by federally recognized Indian tribes and eligible businesses that contract with them. Individuals placing bets must be in California and not located on Indian lands. Imposes 10% tax on sports-wagering revenues and licensing fees. ” 114
AGENDA ITEM NO. 14.

Directs tax and licensing revenues first to regulatory costs, then remainder to: 85% to homelessness programs; 15% to nonparticipating tribes. Specifies licensing, regulatory, consumer-protection, and betting-integrity standards for sports wagering.[6] Fiscal impact
The fiscal impact statement is as follows:[5]
“ Increased state revenues, potentially reaching the mid-hundreds of millions of dollars annually, from online sports wagering-related taxes, licensing fees, and penalties. Some portion of these revenues would reflect a shift from other existing state and local revenues.

Increased state regulatory costs, potentially reaching the mid-tens of millions of dollars annually, that would be fully or partially offset by the increased revenues.[6] ” Support
Californians for Solutions to Homelessness and Mental Health Support is leading the campaign in support of Proposition 27.[7]
Supporters
Officials
 Fresno Mayor Jerry Dyer (Nonpartisan)
 Long Beach Mayor Robert Garcia (D)
 Oakland Mayor Libby Schaaf
 Sacramento Mayor Darrell Steinberg (Nonpartisan)
Arguments
 Nathan Click, a spokesman for the campaign: "Our measure is the only one that would guarantee hundreds of millions each year in solutions to homelessness and mental health support. We have found Californians are enthusiastic about it and the housing and mental health solutions it would provide the state."
 Tamera Kohler, CEO of the Regional Task Force on Homelessness for the San Diego Area: "This initiative is a critical step forward, dedicating revenue to the issue of homelessness is a win-win for our state. It would provide an ongoing funding source of hundreds of millions of dollars each year to fight homelessness and provide mental health services to those most in need. We are excited to partner with the coalition to pass this important measure in November 2022."  Long Beach Mayor Robert Garcia (D): "I’m joining my fellow mayors in endorsing this important initiative because this is an all-hands on deck moment in our fight against homelessness. To solve California’s homelessness crisis over the long-term, we need sustainable sources of funding to house those experiencing homelessness and provide them the medical and mental health services they need. That’s what this measure provides." 115
AGENDA ITEM NO. 14.
 Tomiquia Moss, CEO of All Home: "If we permit and regulate online sports betting, California residents should benefit from it. Twenty-one other states have already made this decision, our state should be next. When all people have a safe and decent place to call home, it benefits entire communities. The funding this measure provides would provide a huge lift for efforts to deliver housing and support to people experiencing homelessness and make us all better off." Californians for Tribal Sovereignty and Safe Gaming and Coalition for Safe, Responsible Gaming are leading campaigns in opposition to Proposition 27.[8][9] Opponents
Coalition for Safe, Responsible Gaming provides a list of endorsements on the campaign’s website, which is available here.

American Indian Tribes
 Agua Caliente Band of Cahuilla Indians
 Barona Band of Mission Indians
 Rincon Band of Luiseño Indians
 San Manuel Band of Mission Indians
 Yocha Dehe Wintun Nation
Unions
 California Teachers Association
 Communications Workers of America
Organizations
 AYPAL: Building API Community Power
 American Indian Chamber of Commerce of California
 California Asian Pacific Chamber of Commerce
 California Black Chamber of Commerce
 California Coalition for Rural Housing
 California Hawaii State Conference NAACP
 California Hispanic Chambers of Commerce
 California League of United Latin American Citizens
 La Raza Roundtable of California
 Los Angeles Urban League
 Western Regional Advocacy Project
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Arguments
 Pat Fong Kushida, president and CEO of the California Asian Pacific Chamber of Commerce: "The Corporate Online Gambling Proposition was written for the sole benefit of out- of-state gambling corporations. This measure would give online gambling corporations near total control over the sports wagering market, effectively hijacking any local economic benefits for our small businesses, while sending 90% of profits from sports gambling out-of-state and even out of country."
 Doug Terfher, vice president of marketing for MaximBet: MaximBet is a sports betting company launched in 2021 that would not be able to operate in California under the proposed initiative. Terfher said, "We want (California) to be as open and available to as many operators as possible with where we are in our growth journey."
 Raymond Welch, chairman of the Barona Band of Mission Indians in San Diego County, and Greg Sarris, tribal chairman of the Federated Indians of Graton Rancheria in Sonoma County: "Their measure would authorize the largest expansion of gambling in state history – allowing virtually anyone, anywhere, anytime to gamble. Studies show this unprecedented access would lead to more problem gambling, addiction and crime. In fact, the National Council on Problem Gambling reports online sports bettors are up to five times more likely to develop problem gambling than other types of gamblers."
 Chairman James Siva of the California Nations Indian Gaming Association: "Don’t be fooled.

These measures are not a fix to homelessness, but rather a massive explosion of gaming that will directly undercut tribal sovereignty and self-sufficiency."  Californians for Tribal Sovereignty and Safe Gaming website: "If it passes, the promise of gaming exclusivity between California voters and our Native American Tribes will be broken, threatening the $23.2 billion in economic activity and 181,532 California jobs Tribal gaming provides. This measure is a direct attack on tribal sovereignty."

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TO: Mayor and City Council
FROM: Administration
DATE: July 18, 2022
SUBJECT: Consider – To Provide Direction on the Measure C Renewal, a half-cent sales tax dedicated to funding new roads, freeways, sidewalks, trails and public transportation in Fresno County Renewal being considered by the Fresno County Transportation Authority.

Staff: Ryan Burnett, Engineering Program Supervisor
Recommendation: Provide Direction
ATTACHMENTS: 1.Original Measure C3 Renewal Proposed Allocation

2. Measure C3 Renewal Adopted Allocation by Fresno County Council of Governments Policy Board Proposed Allocation

3. Original Measure C3 Renewal Proposed Expenditure Plan

4. Measure C3 Renewal Adopted Expenditure Plan Presentation

CONFLICT OF INTEREST
None

RECOMMENDATION
For the City Council provide policy direction on the Measure C3 Renewal being considered by the Fresno County Transportation Authority to the City’s designee on the Fresno County Transportation Authority Board.

EXECUTIVE SUMMARY
The proposed Measure C3 (MC3) will be the third transportation funding measure. Over the last 18 months, 80 local leaders from both rural and urban communities wi th varied backgrounds, professions and interests participated in the Measure C Renewal open, public process – ensuring diverse representation of distinct sectors across the county. A draft plan was considered by the Fresno County Council of Governments Policy Board (Attachments 1 & 3) on July 7, 2022.

An alternative plan (Attachments 2 & 4) was presented at the meeting on June 7, 2022, and by a majority vote, the Fresno Council of Governments Policy Board has approved the alternative MC3 Expenditure Plan. This is now set to be considered by the Fresno County Transportation Authority on July 20, 2022. If approved, it will be considered by the Fresno County Supervisors on August 9, 2022, to be placed on the November ballot for all of Fresno County voters t o 118
AGENDA ITEM NO. 15.
consider. Council is being asked to provide policy direction to the City’s designee on the Fresno County Transportation Authority Board.

BACKGROUND
The proposed Measure C3 (MC3) will be the third transportation funding measure supported by Fresno County elected leaders, residents, and communities since the first measure was passed by voters in 1986. Funding from MC3 will focus largely on fixing local roads and streets – filling potholes, repairing deteriorating neighborhood streets, installing sidewalks to help get children to school safely, reducing congestion, and supporting transit services. The plan also invests in community-based transportation improvements in areas that have historically been overlooked – particularly in rural, low-income and minority communities. The renewal plan would allow the jurisdictions to leverage hundreds of millions of dollars in state and federal matching funds.

Over the last 18 months, 80 local leaders from both rural and urban communities with varied backgrounds, professions and interests participated in the Measure C Renewal open, public process – ensuring diverse representation of distinct sectors across the County. To ensure countywide representation, the Fresno COG Policy Board is comprised of mayors from each incorporated city in Fresno County as well as a member of the Fresno County Board of Supervisors. A draft plan was considered by the Fresno County Council of Governments Policy Board (Attachments 1 & 3) on July 7, 2022.

An alternative plan (Attachments 2 & 4) was presented at the meeting on June 7, 2022, and by a majority vote, the Fresno Council of Governments Policy Board approved the alternative Measure C3 Expenditure Plan. The Fresno County Board of Supervisors considered and supported the alternative plan on a 3 -2 vote at its July 12, 2022 meeting. This is now set to be considered by the Fresno County Transportation Authority Board on July 20, 2022. If approved placement on the November 2022 ballot will be considered by the Fresno Count y Supervisors on August 9, 2022 for all of Fresno County voters to consider. Council is being asked to provide policy direction to the City’s designee on the Fresno County Transportation Authority Board.

FISCAL IMPACT
The original draft expenditure plan for Measure C3 is projected to bring $6.8 billion in transportation to Fresno County. For the Local Programs Allocations of the measure Clovis was projected to receive nearly $520 million over the 30-year lifespan of the sales tax measure.

The alternative Measure C3 approved by the Fresno County Council of Governments Policy Board raises the same amount of funding overall but increases the Local Programs Allocation to the City of Clovis by $20.9 million dollars (4.1%) over the original draft expenditure plan.

REASON FOR RECOMMENDATION
Council is being asked to provide policy direction to the City’s designee on the Fresno County Transportation Authority Board.

ACTIONS FOLLOWING APPROVAL
Direction will be provided to the City’s designee on the Fresno County Transportation Authority Board.

Prepared by: Andrew Haussler, Assistant City Manager

Reviewed by: City Manager AH
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AGENDA ITEM NO. 15.

ATTACHMENT 1

Original Measure C3 Renewal Proposed Allocation

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AGENDA ITEM NO. 15.

ATTACHMENT 2

Adopted Measure C3 Renewal Allocations

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2022
Measure C
Renewal
Expenditure
Plan
final draft
july 7, 2022
PrePared b y
Fresno Council
of Governments
2035 Tulare Street, Suite 201
Fresno, CA 93721
Fresno County
Transportation Authority
2220 Tulare Street, Suite 2101
Fresno, CA 93721
in association with
VRPA Technologies, Inc.

TBWBH Props & Measures
Jeffrey Scott Agency
Attachment 3
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AGENDA ITEM NO. 15.
2 Contents
Introduction 4
Overview 5
The Measure C Renewal Program 5
Measure C Funding Allocations by Program 6
Public Engagement 7
Goals and Guiding Principles 8
Goal #1 8
Goal #2 8
Goal #3 9
Goal #4 9
Goal #5 10
Goal #6 10
Success of the Current Measure C Program 12
Annual Audit of Measure Programs 13
How the Plan was Developed 13
Measure C Renewal Plan Executive Committee
Representative Sectors/Organizations 14
Expected Measure C Proceeds 15
County-wide Priorities of the New Plan 15
Measure C Renewal Expenditure Plan Allocation of Funding by Program 16 Local and Neighborhood Street Repair and Maintenance 17 Local Control 18
Urban and Rural Public Transit 18
Safe Bikes and Pedestrians 19
Major Road and Highways, Safety Improvement And Congestion Relief 19 123
AGENDA ITEM NO. 15.
3 Environmental Sustainability 20
Administration/Planning 22
Compliance with the California Environmental Quality Act 22 Measure C Extension Plan Projects 22
Project Commitments Major Road & Highways,
Safety Improvement and Congestion Relief Program 22
Regional Mobility Program Revenues 23
Program Management 25
Regional Transportation Mitigation Fee (RTMF) Program 25 Tier 1 Urban Projects 27
Tier 1 Rural Projects 30
Tier 1 Urban Project Map 33
Tier 1 Rural Project Map 34
Tier 2 Urban Projects 35
Tier 2 Rural Projects 39
Citizen Oversight Committee 40
Administration 41
Fresno County Transportation Authority Structure
Under the Measure C Renewal Extension Program 41
For More Information 44
Appendix A 45
Draft Measure C Renewal Ballot Language 45
Appendix B 45
Local Program Allocations by Agency 45
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AGENDA ITEM NO. 15.
4 IntroduCtIon
The Fresno County Measure C Renewal
Expenditure Plan was prepared to:

Guide the expenditure of slightly more
than $6.84 billion in transportation
funds generated through continuation of
Fresno County’s half-cent transportation
sales tax over the next 30 years,
if approved by voters in the
November 2022 election.

Fresno County’s current Measure C Program,
voter approved in 2006, expires in June 2027.

This Renewal Expenditure Plan, developed
by an Executive Committee and a Technical
Working Group (TWG) consisting of
approximate 80 individuals representing
diverse community interests (as identified
in Table 1 of this Plan), and local, state and
regional agencies, will address major local
and regional transportation needs in Fresno
County through the Year 2057.

Through a series of public meetings, two public
opinion polls, and thousands of online and in-
person surveys, the Executive Committee and
TWG thoroughly considered needs identified
by community residents during development
of the Plan. To ensure the Plan addressed
transportation needs of all county residents,
the Committees completed the following tasks:
• Reviewed Measure programs recently passed
in other counties (best practices review).
• Listened to presentations by air quality and
transportation advocates and agencies.
• Considered recommendations
of transportation professionals.
• Heard innovative ideas related to
new technologies in transportation.
• Developed Expenditure
Plan Goals and Objectives.
• Considered public input.
• Reviewed and considered the entire
County’s transportation needs by category.
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AGENDA ITEM NO. 15.
5 overvIew
The Measure C
Renewal Program
Figure 1 provides an overview of the proposed
Measure C Renewal Expenditure Plan funding
allocations approved by the Executive Committee
and the TWG. Referencing Figure 1, the
allocations consider a “multimodal”
transportation program with:
• 51.37% of expected Measure funds directed
to “Fix-It-First” Local and Neighborhood
Street Repair and Maintenance activities
and programs.
• Eighteen percent (17.64%) of the funds
directed to the Local Control program. The
16 local agencies (cities and the County) in
Fresno County will allocate these funds to
their highest priority unique transportation
needs including additional local street and
highway maintenance and other street and
road improvements, pedestrian, trail, and
bicycle facilities improvements, safe routes
to school improvements, enhanced public
transit services, and other transportation
services and programs.
• Twelve percent (11.88%) of the Measure
funding allocated directly to Urban and
Rural Public Transit systems and services
throughout the County including Fresno
Area Express (FAX), Clovis Transit, and
the Fresno County Rural Transit Agency
(FCRTA).
• One percent (1.22%) of the Measure will be
allocated to the Safe Bikes and Pedestrians
program (including Safe Routes to School &
Access for People with Disabilities) to address
improvements and safety enhancements for
bicyclists and pedestrians, including students,
seniors and people with disabilities, as well as
other related improvements.
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AGENDA ITEM NO. 15.
6 • Fifteen percent (14.60%) of the Measure
will be directed toward Major Roads
and Highways, Safety Improvement and
Congestion Relief projects in the Urban
(Clovis and Fresno Spheres of Influence) and
Rural (remaining County and rural cities)
areas. Such projects will be located along the
State Highway System and along regional
corridors to enhance connections within
the urban area and between the cities and
rural communities throughout the County.
• Two percent (2.00%) of the funds are
available for projects that enhance
Environmental Sustainability including
clean transportation projects and programs,
transit-oriented development projects, and
other projects that will improve air quality,
address climate change and improve health.
• Finally, one and one quarter percent
(1.25%) of the Measure will address
program Administration and
planning activities of the Fresno County
Transportation Authority (Authority)
and the Fresno Council of Governments
(Fresno COG) over the 30-year period.
figure 1
Measure C Funding Allocations by Program
Local and
Neighborhood
Street Repair and
Maintenance
$3,511,000,000
Local Control
$1,208,794,520
Major Roads and
Highways, Safety
Improvement and
Congestion Relief
$997,713,440
Safe Bikes and
Pedestrians
Including Safe Routes
to School and Access for
People with Disabilities
$75,524,940
Urban and Rural
Public Transit
$811,953,000
Administration
$86,058,856
Environmental
Sustainability
$144,000,000
total
$6,835,044,756
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AGENDA ITEM NO. 15.
7 PublIC engagement
Public engagement activities for the Measure
C Renewal Expenditure Plan began with the
formation of the Executive Committee and
TWG in February of 2021. Over 80 local leaders
volunteered to participate as representatives of
diverse sectors of Fresno County from both urban
and rural communities. These leaders brought
unique perspectives from various sectors of our
community including healthcare, education, local
government, emergency services, transportation
planning and facilities experts, environmental
organizations, public works, law enforcement,
fire and paramedic, agriculture, community based
organizations, and more. Over the 16-month
Measure C Renewal Process period, a total of 37
meetings were held between these two committees
with the focus on identifying and evaluating
transportation needs throughout Fresno County.

In addition to these two committees, community
engagement remained a key focus to gain clarity
and common ground. To that end, 10,000 Fresno
County residents participated in community
polling and outreach via the following methods:
• Public Polling
• In-Person
Workshops
• Community Group
Meetings
• Door-to-Door
Inquiries
• Events
• Virtual meetings
via Zoom
• Online Public
Survey
In total, fourteen (14) community
meetings were held in both rural and
urban settings. Additionally, with COVID
concerns still prevalent, an Online Public
survey was utilized that garnered 2,804
total survey respondents, as well as 2,000
additional comments.

The online survey also focused on rural and
unincorporated areas by employing a door-
to-door campaign. That effort produced 1,070
mostly Spanish respondents in the following
communities: Cantua Creek, Lenare, Tranquility,
Orange Cove, Parlier, Kerman, Mendota,
Caruthers, Coalinga, Del Rey, Five Points,
Huron, Sanger, Kingsburg, and San Joaquin.

Members of the Executive Committee and the
TWG are listed on the Measure C Renewal
webpage at this link:
www.measurec.com/ www.measurec.com/
measure-c-committeesmeasure-c-committees
Two-thirds (67%) voter approval will be necessary
to pass Measure C in November 2022. In order
to ensure that Executive Committee and TWG
members were on target with this Expenditure
Plan, over 3,000 voters and community residents
were surveyed early in the Plan development
process to determine support for an extension of
the Measure, and to identify the public’s highest
transportation priorities. An additional 3,000
voters were again surveyed in the spring of 2022
to confirm support for proposed expenditures.
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AGENDA ITEM NO. 15.
8 Both polling efforts expressed widespread
support for continuation of Measure Cand
identified residents’ highest transportation
priorities. The Measure C Renewal Plan effort
was guided by development of the Fresno COG
2022 Regional Transportation Plan/Sustainable
Communities Strategy (RTP/SCS). The RTP/
SCS is intended to guide transportation and
land use decisions that will improve our
quality of life, air quality, mobility and make
communities more cohesive. The RTP/SCS is
updated every four years and has a robust outreach
and stakeholder involvement process including
numerous committee meetings, public workshops
and hearings, public surveys and polling, and
other engagement opportunities. The RTP/SCS
integrates all modes of transportation along with
land use, housing, environmental issues, reduction
of vehicle miles travelled, and other related issues.

The RTP/SCS is one of the critical building blocks
that has helped guide development of the 2022
Measure C Renewal effort and identify needs and
funding requirements.
goals and guIdIng PrInCIPles
Considering the public engagement activities
conducted over the past 16 months, the
Executive Committee and TWG adopted the
following set of goals and objectives to help
guide development of this Expenditure Plan:

Goal #1
Equitable mobility and accessibility for all
within and across the network of streets,
highways, transit, bicycle and pedestrian
routes and facilities.
objectives
• Encourage equitable participation by
communities in the Measure C planning
and implementation process.
• Support the equitable distribution of benefits
and burdens of transportation projects.
• Support the improvement and expansion of
accessible transportation options to serve
the needs of residents, especially those who
have historically faced disproportionate
transportation burdens, including seniors
and people with disabilities.

Goal #2
Vibrant communities that are accessible
by sustainable transportation options.
objectives
• Encourage alternatives to single occupancy
vehicles that reduce vehicle miles travelled
(VMT) and greenhouse gas emissions.
• Support investment in and promotion of active
transportation and transit to improve public
health and mobility, especially in historically
underinvested areas.
• Support transportation projects that
support transit-oriented development.
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AGENDA ITEM NO. 15.
9 • Support efforts to improve air quality and
minimize pollutants from transportation.

Goal #3
A safe, dependable, well-maintained, efficient,
cost effective, and climate-resilient multimodal
transportation network.
objectives
• Encourage on-going maintenance and
repair of the existing infrastructure.
• Support investment in multimodal safety
measures to reduce traffic fatalities and
injuries throughout the region.
• Support improvements in travel connections
to create an integrated, accessible, and
seamless transportation network.
• Avoid congestion through smart management
of existing transportation facilities.
• Add capacity only after other options have
been considered and determined to be
infeasible, impractical or ineffective.
• Maximize the cost-effectiveness
of transportation improvements.
• Maximize available funding and support
new investments that are targeted, effective,
and financially sound.
• Encourage investments that increase the
system’s resilience to extreme weather events,
natural disasters, subsidence, and pandemics.
• Support the preservation and maintenance
of existing multimodal transportation assets
in a state of good repair.
• Utilize Measure funding to leverage other
local, state, and federal funds, including
competitive grant programs.
• Ensure that growth does not adversely
impact existing facilities.

Goal #4
A transportation network that supports a
sustainable and vibrant economy.
objectives
• Support local and regional economic
development by leveraging planning and
transportation funds that foster public and
private investment.
• Provide transportation mobility options
necessary to conduct essential daily activities
and support economic growth and prosperity.
• Support modern regional aviation.
• Embrace cutting edge and fiscally responsible
transportation and new technologies that serve
to interconnect systems and that make travel
more efficient and cost effective.
• Support efficient, dependable, resilient,
and sustainable goods movement.
130
AGENDA ITEM NO. 15.
10 Goal #5
A region embracing clean transportation,
technology, and innovation.
objectives
• Support innovative mobility solutions that
are accessible, affordable, reduce greenhouse
gas emissions, and improve air quality.
• Utilize current and emerging technologies
to better manage transportation systems
and services.
• Improve predictability and reliability
of transportation facilities and services.
• Embrace new and emerging intelligent
transportation system (ITS) projects
and programs.

Goal #6
A high level of transparency, performance
review, and accountability.
objectives
• Provide for continuous collection of
transportation and other related data
from available sources.
• Incorporate transportation performance
measures, whenever possible.
• Encourage innovation with a goal of providing
cost effective transportation solutions.

Guided by the Executive Committee and TWG,
staff further distilled these goals and objectives
into five guiding principles that were then used
to guide the development of the Allocation Plan:

Stewardship
• Fix it First.
• County-wide Pavement Management Plan.
• Oversight and Performance Measures, and
Equity—“No Neighborhood Left Behind. ”
Equity
• Investment in active transportation and
public transit to improve health and mobility
throughout the County including historically
underinvested areas.
• Improve air quality throughout the County,
especially in historically disadvantaged areas.
• Ensure all areas of the County have their
road repair needs addressed with emphasis
on areas not previously addressed—
“No Neighborhood Left Behind. ”
• Provide local jobs and access
to training opportunities.
• Supplemental road repair funds
for very low-income areas.
• Expand new and innovative public
transit services and solutions.

Sustainability and Resources
Conservation
• Maintaining and operating transportation
facilities are much less resource intensive
than rebuilding.
131
AGENDA ITEM NO. 15.
11 • Focus on maximizing the safety and
efficiency of the transportation systems,
not on system expansion.
• Roads, highways, and their adjacent
sidewalks are necessary for every type
of transportation—cars, trucks, buses,
bicycles, and pedestrians.
• Electric vehicles will still
rely on roads and highways.
• Provide for Complete Streets and roads that
accommodate vehicles, bikes, public transit
and pedestrians.

Air Quality and Climate Resiliency
• All projects require environmental
review and must address air quality and
greenhouse gas emission reductions.
• Well-maintained pavements reduce
particulate matter PM10 and PM2.5,
which are the primary pollutants
referenced in the most recent air
quality study.
• Congestion reduction and avoidance through
better operations reduces tailpipe emissions
of pollutants, diesel exhaust particular matter
and greenhouse gas emissions.
• Reduce vehicle miles travelled (VMT)
through Public Transit, Active Transportation,
and road and highway projects.
• Harden transportation facilities to increase
systems’ resiliency to extreme weather events.
• Expand new and innovative public
transit services and solutions.

Flexibility
• Expanded Local Needs program allows
real time and long-term flexibility—
allows agencies to best address their current
transportation needs and changing future
needs, not a one-size-fits-all approach.
• Allows each agency to tailor the
program to their specific needs.
• Allows agencies to maximize the
use of matching fund programs.
• The amendment process contained within
the current measure and to be continued
in this measure allows adaptability.
• 15-year publicly driven process to evaluate
the success or shortcomings of the Measure
Renewal with a process to change or adapt,
as necessary.
• In depth review of performance measures
every 5 years by agency staff and the Citizen
Oversight Committee (COC) with the
ability to amend the Measure C Renewal
Expenditure Plan if key indicators are not met.

Meeting the needs of Fresno County residents
requires leveraging State and federal investments
with local resources. Even with a new Measure C
here will not be enough funding available to
address almost $16 billion in transportation
needs. The Measure C Extension will generate
more than $6.84 billion over the next 30 years,
far short of the overall need, therefore, leveraging
additional federal and State funding, beyond
what the region expects, is critical.
132
AGENDA ITEM NO. 15.
12 suCCess of the Current measure C Program
Many changes to the existing transportation
system have occurred since voters first approved
Measure C in 1986 and again in 2006. The
current Measure C Program has provided
funding to a variety of transportation projects
and services including bike, pedestrian and
trail projects, public transit improvements,
and other transportation programs and
services. New and improved regional and
local streets and highways are also reflected
in the current Measure C and have been or
will be constructed by 2027 improving travel
flow, increasing safety, and reducing severe
congestion. These improvements include:
• State Route (SR) 41: Auxiliary Lane—
Tulare to “O” Street
• SR 99: North to Cedar Avenues
• SR 99: Monterey Bridge
• SR 180 East: Clovis to Temperance Avenues
• SR 180: Brawley to Hughes/West Avenues
• SR180, SR 41, and SR 168 Braided Ramps
• Willow Avenue, Temperance, Ventura,
California, Peach, Herndon, and Shaw Avenues
• Veteran’s Boulevard—Shaw to Barstow
and Bullard to Herndon Avenues
• SR 99: Veteran’s Boulevard Interchange
• SR 180 West: Yuba to James
Avenues Passing Lanes
• SR 180 East: Temperance to Academy Avenues
• SR 180 East: Academy Avenue
to Trimmer Springs Road
• SR 180 East: Trimmer Springs
Road to Frankwood Avenue
• Friant Road: Copper Avenue
to Millerton Road
• Golden State Boulevard: American
Avenue to the Tulare County Line
• SR 269: New Bridge/Channel
between SR 198 and City of Huron
• SR 180 West: SR 180 to I-5
• Mountain View Avenue: Bethel
Avenue to the Tulare County Line
• Academy Avenue: Manning
Avenue to Industrial Park
• SR 99 and American Avenue Interchange
• I-5 and SR 198 Interchange
• Funding for public transit services including
Fresno Area Express (FAX), Clovis Transit, &
the Fresno County Rural Transit Agency
• Improvements to local streets and
roads, bikeway and trails systems,
and pedestrian facilities
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AGENDA ITEM NO. 15.
13 Promises Made and Promises Kept of the
1986 and 2006 Measure C programs are
evident by the overwhelming voter approval
in Fresno County. In addition to the vast array
of transportation improvements provided
by these two Measures, they have given
Fresno County the opportunity to compete
successfully for additional State and Federal
transportation funding.

The Authority, Fresno COG, the 16 local agencies
and the three transit agencies have all successfully
leveraged more than $1 billion additional dollars
from Sacramento and Washington D.C Extending
Measure C will continue to provide local funds
under local control, in order to leverage and direct
additional state and federal funding to the County.

Annual Audit of
Measure Programs
Current Measure C expenditures and accounts of
the local agencies and the Authority are audited
on an annual basis by an independent audit firm
retained by the Authority. Over the past 34 years,
audit results have indicated that the Measure C
Program has been implemented, and proceeds
expended, in accordance with the Measure C
Expenditure Plan and enabling legislation.

That practice will continue with this Measure C
Renewal Program. Further, through the Citizens
Oversight Committee and the Authority, additional
performance indicators will be monitored
throughout the new Measure in order to assure
that funds are invested efficiently and effectively.
how the Plan was develoPed
The Measure C Renewal Executive
Committee and the TWG were formed
in February 2021 to develop the Measure
C Renewal Expenditure Plan. The TWG
evaluated existing transportation systems
and needs, and the Executive Committee
established goals for the future. There was
recognition that this Measure C Renewal
Plan needed to address the existing and
future transportation needs, focusing on
local neighborhoods and community street
and road maintenance, as well as continuing
investments in bicycle and pedestrian
facilities, transit services, and reducing
and avoiding congestion on our highways.

This Plan has built-in flexibility that will
allow our cities and County to adapt to their
specific transportation needs as they change
over time. This Plan recognizes transportation
programs that maintain and improve our
quality of life and position us to provide the
type of facilities and services that will be
needed to address our future mobility needs.

Members of the Executive Committee:
reviewed a variety of proposals,
considered public input and professional
expertise, conducted two public opinion
polls, and reviewed data and literature
from other agencies to prepare this Plan.
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AGENDA ITEM NO. 15.
14 Members of the Executive Committee
represented the interests of government,
business, and other sectors identified
in Table 1.

table 1
Measure C Renewal Plan Executive Committee
Representative Sectors/Organizations
Sector/Organization
Active Transportation Disability Services Goods Movement Advocacy Services Eastside Fresno County Cities Health Care Services Agriculture Economic Development Labor
Americans with Disabilities Act
(ADA)
Education (K-12 and
Higher Education) Medical Systems
Building Industry Association Emergency Services Philanthropy Services Business Environment Technology
Cities of Clovis and Fresno Fresno Council of Governments Westside Fresno County Cities Community Based Organizations Fresno County Sheriff Youth/Advocacy County of Fresno Fresno County
Transportation Authority
A list of Executive Committee and
TWG members are available online:
www.measurec.com/ www.measurec.com/
measure-c-committees/measure-c-committees/
135
AGENDA ITEM NO. 15.
15 exPeCted measure C ProCeeds
If voters approve the Extension of Measure C
in November of 2022, they will authorize
the Authority to continue to collect a ½ cent
retail transaction and use tax for 30 years
(between July 1, 2027 and June 30, 2057).

This is not a new or an added tax, but simply
an Extension of the existing Measure C tax.

This extension will: provide over
$6.84 billion in new revenues
for transportation improvements
according to financial projections
through the year 2057.

The $6.84 billion this third Measure will
generate is four and one-half times the amount
that is expected to be collected during the
current Measure C Program (approximately
$1.2 to $1.5 billion) through June 2027.

The allocation of these projected sales tax
revenues to specific types of transportation
funding programs and improvement projects is
described in the following sections of this plan.

The Authority will prepare and then update
a Strategic Implementation Plan (SIP) every
two (2) years in order to verify or modify
the funding expectations based on the then-
current fiscal conditions, making sure that
the projections are consistent with future
expenditures and the promises made in this
plan. The Authority and Fresno COG will
also revisit this expenditure plan in 2042
(midpoint of the Measure) to potentially
adjust the transportation programs and
associated allocations of Measure C proceeds
ensuring that the plan addresses the future
transportation needs of the county and
its residents as determined through a
comprehensive public engagement process.

Finally, the Authority will have the option of
issuing bonds to deliver Measure C projects
and programs contained in this plan to save
project costs by delivering them earlier, and to
provide Fresno County residents with much-
needed road repairs years sooner than would
be possible without bonding.

County-wIde PrIorItIes of the new Plan
Through many months of intense discussion and
public input, the following Measure C Extension
funding program commitments were developed
and agreed upon by the Executive Committee
and the TWG. The Committees recognized
that providing Measure C funds for all modes
of transportation would help meet the quality
of life needs of all Fresno County residents,
thus enabling each of the 16 agencies within
the County to address the specific needs
of their residents, businesses, and major
industries over the 30-year life of the Measure.
136
AGENDA ITEM NO. 15.
16 The new Plan will: Provide a minimum
of 51.37% of the Measure to the 15 cities
and Fresno County to maintain and
improve neighborhood and community
streets and roads. Further, it will fund
public transit, regional highways, street
and road improvements, and other
transportation programs that improve
mobility while reducing greenhouse gas
emissions and improving air quality for
all residents throughout Fresno County.

The Plan is committed to “Fix-it First”,
“No Neighborhood Left Behind” and
“Improve Safety” principles.

The Measure C Renewal Expenditure Plan
program allocations are detailed in Table 2.

Implementing Guidelines for each of the
seven Measure C Renewal Expenditure Plan
programs are available on the Authority’s
website in early June 2022 at:
www.measurecrenewal.comwww.measurecrenewal.com
table 2
Measure C Renewal Expenditure Plan
Allocation of Funding by Program
Details regarding each of the seven programs are provided below. Appendix B provides the amount of Measure C Renewal funding each local agency is expected to receive over the 30-year period.

Measure C Renewal Program Percent of Total1 30-Y ear Funding Estimate 1 Local & Neighborhood
Street Repair & Maintenance

51.37% $ 3,511,000,000
2 Local Control 17.64% $ 1,208,794,520
3 Safe Bikes and Pedestrians
(Including Safe Routes to School
& Access for People with Disabilities)

1.22% $ 75,524,940
4 Urban & Rural Public Transit 11.88% $ 811,953,000
5 Major Roads & Highways,
Safety Improvement and Congestion Relief

14.60% $ 997,713,440
6 Environmental Sustainability 2.00% $ 144,000,000
7 Administration 1.30% $ 86,058,856
Total 100% $ 6,835,044,756
1 Percentages Rounded to the nearest whole number.
137
AGENDA ITEM NO. 15.
17 Local and
Neighborhood
Street Repair and
Maintenance
$3.511 billion or 51.37%
A significant increase in funding for our local
street networks including neighborhood streets
is clearly the greatest need expressed during the
public engagement process and in the two opinion
surveys. In fact, nearly 81% of those surveyed
county-wide strongly agreed that repairing roads
and fixing potholes was their highest priority.

The goal of this program is to improve each of the
individual cities’ and the County’s unincorporated
areas and communities pavement condition index
or PCI from the current County-wide average of
57 (just above the “Poor” category) to 70, which
is within the “Good” category. Improvements that
will be made by the 15 cities and Fresno County to
address the goal include:
• Fixing potholes with long lasting repairs.
• Repaving streets.
• Keeping good roads in good condition
through the strategic application of
preventative maintenance strategies.
• Ensuring that all neighbors, especially
those in disadvantaged areas, see
improvements to their local roads.
• vMeasuring and monitoring
progress towards the 70 PCI goal.
• Providing additional resources
to areas of very low income.

These expenditures would address one of the
most troubling transportation problems for
local agencies; how to fund improvements that
address the aging street and road infrastructure
while at the same time preserving roads that are
currently in good condition.

A minimum base of $100,000 per year shall
be allocated to each agency under the Local &
Neighborhood Street Repair & Maintenance
Program. Every agency that receives Local
Street Repair Program funding must allocate
no less than 30% of their allocation, as
determined on a 5-year rolling average,
on areas within their jurisdiction that are
disadvantaged using the highest 25% census
tracks based on CalEnviro Screen 4.0 and
areas with a median income of less than 80%
of the statewide median. Restriction remains
in effect until the Agency's average PCI for
the Disadvantaged Areas reaches 65. Once the
average PCI of 65 is met, that 30% restriction
is suspended, as long as those areas do not fall
below a PCI of 65 in subsequent years. Agencies
must still continue to invest in those areas in
order to raise the overall PCI to 70.

When the overall PCI of the streets within a
jurisdiction either exceeds 80, or the lowest PCI
on any street within the jurisdiction is 70 or
higher, Local and Neighborhood Street Repair and
Maintenance program funds in excess of what is
needed to maintain street condition above a PCI of
70 may be utilized as Local Control program funds.
1 138
AGENDA ITEM NO. 15.
18 Local Control
$1.209 billion or 17.64%
This program provides the local agencies
flexible funding to address their most pressing
unfunded or underfunded transportation needs
within their jurisdictions. These funds would
be used for a variety of purposes including:
• Repair sidewalks to create safe routes
to school and increase accessibility
for people with disabilities.
• Supplement Active Transportation
(bike, pedestrian and trails systems) projects.
• Further improve public transit services.
• Eliminate bottlenecks on local streets where
road improvements are not complete.
• Address environmental sustainability and other
important transportation improvements.

The local agencies in Fresno County know
what their needs are and how best to address
those needs. This plan empowers them to
make these critical choices for their residents
and businesses.

Implementation of Opportunity Corridors is an
eligible expense within the Measure C Renewal
Local Control Program. In addition, certain
elements of Opportunity Corridors may also be
eligible within the Urban and Rural Transit, Safe
Bikes and Pedestrians, Major Roads and Highways,
and Environment Sustainability Programs.

Urban and Rural
Public Transit
$812 million or 11.88%
The goal is to improve public transit programs that
provide essential mobility services to residents
who do not have options, and for people who
may have access to a vehicle but prefer to utilize
transit; improve air quality, reduce greenhouse
gas emissions, and help avoid congestion.

Transit provides essential services to those
who have no or limited options. This plan
will allow for reduced transit fares for seniors,
students, veterans and people with disabilities.

It is critical that we ensure the most flexible,
reliable, predictable, and affordable transit
services are available for the transit dependent.

Measure C Renewal funding is provided to the
three (3) transit agencies within the county
(Fresno Area Express, Clovis Transit, and the
Fresno County Rural Transit Agency). The
transit agencies would use the funds to:
• Add routes as demand increases.
• Reduced transit fares for seniors, students,
veterans and people with disabilities.
• Acquire low or zero emission buses.
• Provide night and weekend
service as demand dictates.
• Provide safe, clean, and strategically
located bus shelters.
• Provide safer access to public transit services.
2 3
139
AGENDA ITEM NO. 15.
19 The transit agencies would also
apply the Measure funds to provide:
• “Free or reduced fare bus service” to seniors,
students, and people with disabilities.
• Provide new and innovative mobility for
seniors, students, and people with disabilities.
• Implement innovative lower cost transit
solutions for un-served or under-served areas.
• “Subsidized taxi script” to seniors (70 years
or older) and the disabled resulting in better
service to people with special transportation
needs and the growing aging population in
Fresno County.

Transit funding is a significant part of the state
and federal transportation funding programs.

This has been an established trend that is
increasing over time. Measure C funding
should be utilized to the largest extent
possible to leverage these funding sources.

Safe Bikes and
Pedestrians
Including Safe Routes To
School and Access For
People With Disabilities
$75.5 million or 1.22%
Improvements to the existing and planned
pedestrian, trail, bicycle and Safe Routes to
School systems have gained prominence around
the State and within Fresno County. There are
significant opportunities for funding these types
of projects using state and federal funds.

In addition, as with the current Measure, all
streets funded by Measure C must have
shoulders that accommodate bike lanes. With a
few exceptions, these types of projects are very
low cost when compared to vehicular projects.

Measure C funding in this program should be
utilized to the largest extent possible to enhance
safety, increase availability and leverage these
State and Federal funding sources.

Major Road and
Highways, Safety
Improvement And
Congestion Relief
$997.7 million or 14.60%
The core of the urban and suburban freeway
and expressway system has been completed,
and many improvements to rural highways
have been accomplished during the 1986 and
2006 Measure programs.

Future improvements to the State Highway
System need to be focused on:
• Improving safety.
• Reducing and avoiding future congestion.
• Increasing sustainability.
• Focusing on multimodal operational
improvements such as auxiliary lanes,
freeway interchange improvements,
metering projects, demand management,
and Smart Corridor concepts that maximize
capacity of existing facilities.
4 5
140
AGENDA ITEM NO. 15.
20 These projects provide for the movement of
goods, services, and people throughout the
county, as well as accommodating goods
movement from Fresno County industries to
the rest of the State and the nation. Because
this proposed Measure has a duration of 30
years, the Executive Committee and the TWG
agreed to identify a 15-year improvement
program, with the second 15 years to be
addressed near the midpoint of the Measure.

This second 15-year plan will be developed
after an evaluation of future needs as well as
an extensive public engagement process.

Major highlights of this Regional Program include:
• Approximately $998 million or 14.60% for
regionally significant street and highway
improvements has been divided between
the Urban and Rural areas of the county
with approximately $749 million or 75% to
the urban areas of Fresno and Clovis and
approximately $249 million or 25%, to the
remainder of the county (other cities and the
county unincorporated area). This funding
split generally reflects the relative populations
and needs of the urban and rural area.
• $35 million will be invested in improvements
to Fresno Yosemite International (FYI) Airport.

This program relies heavily on leveraged
funding from various sources including the
State Transportation Improvement Program,
the State Highway Operations and Protection
Program, the State Local Partnership Program,
federal grants, and the Regional Transportation
Mitigation Fee Program (RTMF). Overall, it
is anticipated that these programs will add
another $1.5 billion in funding to the nearly
$1 billion of Measure C funding included in
this Measure. Further, it is expected that there
will also be some Local Development Fees
included on some of these projects.

The RTMF requires that new growth and
development within the county and each of the
cities contribute to regional street and highway
project costs. The RTMF program was originally
established during the current Measure C
program and will be continued under this
Measure. The purpose of this RTMF Program
is to ensure that growth and development
pay their fair share of impacts to the county’s
transportation facilities. The RTMF is discussed
in more detail later in this Plan.

Environmental
Sustainability
$144 million or 2.00%
This program’s goal is to improve air quality
and greenhouse gas emissions by:
• Reducing Vehicle Miles Traveled though support
of Transit Oriented Development (TOD) and
Opportunity Corridors (OC). TOD projects
help support developments that will increase
demand for transit though higher density and
mixed use. OC projects also support higher
density and mixed-use developments through
conversion of existing auto-centric streets into
multimodal streetscapes.
6 141
AGENDA ITEM NO. 15.
21 • Clean Energy.
• Travel Choice.
• Future Technologies.
• Litter Abatement.
• Opportunity Corridors.

Rather than identify a specific amount for each of
these subprograms for the life of the Measure, this
Renewal Expenditure Plan will allow the FCTA
Board to make that determination every two (2)
years as a part of the Measure C Expenditure
Plan Update. For the initial two years of the
Environmental Sustainability Program the split
between these subprograms will be:

Subprogram Percent of Funding
1 Transit Orientated Development and Opportunity Corridors 0.66% 2 Clean Energy 0.32%
3 New Technology Projects 0.59%
4 Travel Choice 0.29%
5 Litter Abatement 0.15%
Total 2%
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AGENDA ITEM NO. 15.
22 Administration/
Planning
$86.06 million or 1.30%
Measure C funding is provided to
the Authority and Fresno COG to:
• Prepare Expenditure Plan
updates and amendments.
• Develop and administer allocation
program requirements.
• Administer and conduct specified activities
identified in the other six programs described
above including increased oversight and
performance monitoring.

Compliance with the
California Environmental
Quality Act
The Measure C Renewal Expenditure Plan is not
a “project” under the California Environmental
Quality Act (CEQA) and, therefore, is exempt
from CEQA review. The Plan is designed to
provide a funding mechanism for potential future
projects and programs related to the Authority’s
provision of transportation funding and services.

However, the Authority is not approving the
construction of any projects that may result
in a direct or indirect physical change in the
environment; future voter approval is required
prior to establishing any funding mechanism as
set forth in Measure C Enabling Legislation; and
all appropriate state and federal environmental
reviews will be required and completed prior
to any future approval of specific projects.
measure C extensIon Plan ProjeCts
Project Commitments
Major Road & Highways,
Safety Improvement and
Congestion Relief Program
urban and rural Programs
This section identifies priority regional streets and
highway improvement projects to be implemented
over the life of the Measure C Renewal Program.

These projects will be funded with Measure C
and other transportation funding. Major Road &
Highways, Safety Improvement and Congestion
Relief Program (MR&H) projects are defined
as those of regional significance. These projects
tend to be on the State highway system, as those
facilities are regional by nature; however MR&H
Program projects can also include projects on
major local arterials that serve more than one city
or area of the county.
7 143
AGENDA ITEM NO. 15.
23 Fresno Yosemite Airport (FYI) is also included
as a regional facility as it facilitates passenger
and freight travel throughout the county as
well as surrounding counties.

Because the duration of this Measure is 30
years, the MR&H Program has been split into
two periods; years 1–15, and years 16–30.

This program split provides a number of
specific benefits:
• It is difficult to determine a comprehensive
list of all regional transportation needs 30+
years into the future. This split approach
allows a focus on the first 15 years in order
to establish a firm need, and a second 15
years that can be flexible.
• It is equally difficult to project 30+ years
of revenue. The program split will allow
the Authority and Fresno COG to more
accurately predict the first 15 years of
revenue and will initiate a “real time”
assessment of the second 15 years of
funding availability in 2041 for review
and acceptance in 2042.
• Transportation innovations have tended to
occur at the micro level rather than at the
macro. However, macro changes are possible
and may be likely. A mid-program review will
allow the Authority and Fresno COG, guided
by an extensive public engagement effort and
input from the 16 local agencies, to adjust
the list of projects for the second 15 years to
better reflect future transportation needs.

The funding projections for the
Measure are provided in Table 3.
table 3
Regional Mobility Program Revenues
Funding Source
30 Y ear Total
30 Year Period,
2027/28–2056/57
First 15 Y ears
Year 1–15,
2027/28–2041/42
Second 15 Y ears
Year 16–30,
2042/43–2056/57
Measure C Sales Tax $ 997,713,400 $ 339,912,500 $ 657,800,900 State Transpo Imp. Program (STIP) $ 430,275,000 $ 160,830,000 $ 269,445,000 Federal Aid (BUILD, RAISE, Etc.) $ 300,000,000 $ 112,133,000 $ 187,867,000 State Local Partnership (LPP) $ 150,000,000 $ 56,066,000 $ 93,934,000 State Operation & Manit (SHOPP) $ 200,000,000 $ 74,755,000 $ 125,245,000 Regional Trans. Mitigation $ 450,305,000 $ 168,316,000 $ 281,989,000 Total $ 2,528,293,400 $ 912,012,500 $ 1,616,280,900
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AGENDA ITEM NO. 15.
24 The funding split between the urban and rural
subprograms was based on population, and on
the relative highway, street, and road needs of
those areas as described in the Table.

This Expenditure Plan contains Tier 1 Urban
and Rural Project lists for the County (reference
Tables 4 and 5). The Tier 1 projects are included
in the initial 15 years of the Measure C Renewal
program while the Tier 2 lists are projects
potentially eligible for funding in the second
15 years of the Measure C Renewal program.

Tier 1 Urban and Rural lists are both committed
by approximately 20%. This allows the most
significant priorities for the urban and rural
areas to begin the project delivery process
during the first 15-year period.

It is possible that additional as yet unidentified
funding may become available. The region
should have projects “shovel-ready” to
take advantage of these types of funding
opportunities. Should additional funding not
materialize, these projects would be eligible
for bonding of second period revenues.

A live link to the Measure C Projects
interactive map is provided below:

View MapView Map
Tier 1 projects are shown in Figures 2 and 3.

Tier 2 Project Lists can be found in Tables 6
and 7. The Tier 2 lists provide priority projects
that will be considered for Measure C Renewal
along with other state, federal and local
funding in the second half of the Measure
(years 16–30). The Tier 2 total costs currently
exceed anticipated funding in the second half
of the Measure; and may be revised to reflect
future project priorities as they are identified
through the RTP/SCS planning process and
through the Authority’s and Fresno COG’s
public engagement process.

The Expenditure Plan also contains $35
million for improvements at FYI Airport.

Fresno COG and the Authority will conduct
biennial MR&H Program reviews and
updates, the purpose of which will be to
ascertain project delivery status as well as
validity of funding availability. Adjustments to
delivery schedules and funding contributions
may be necessary as a part of these updates.

No later than June 30, 2027, Fresno COG and
the Authority will identify projects from the Tier
1 lists for the first seven years of the Measure
C Renewal Program. These projects will be
selected based on relative priority, deliverability,
and cash flow. No later than June 30, 2034,
Fresno COG and the Authority will identify
projects from the Tier 1 lists for years 7–15 of the
Measure C Renewal programs; again, based on
relative priorities, deliverability, and cash flow.
145
AGENDA ITEM NO. 15.
25 Beginning no later than 2041, Fresno
COG and the Authority will conduct a
comprehensive public engagement process
to help guide the effort to establish the list of
projects to be funded during the second half
of the Measure. No later than 2042, Fresno
COG and the Authority will adopt a list of
Urban and Rural projects to be funded
during the second half of the Measure.

Construction of the Major Road and Highway
Safety Improvement and Congestion Relief
Program projects and implemenation of the
local streets and roads and other programs
identified in the Expenditure Plan are needed
as soon as possible. In order to accomplish
this, some level of borrowing may be required.

The Authority will determine the extent of
borrowing that is reasonable as the program
is implemented. Up to $900 million (13%) of
the revenues expected to be generated will be
made available for this purpose.

Program Management
If approved by the voters, this Measure C
Renewal will require substantially more
monitoring, analysis, and reporting than the
current Measure. The Authority may seek the
assistance of a program management firm and/
or additional staff. The primary responsibility
of enhanced program management would be
to assist with the development and monitoring
of performance measures as discussed in
the Renewal Expenditure Plan and in these
Implementing Guidelines. Enhanced Program
Management could also include managing
projects contained within the Major Roads
and Highways, Safety Improvement and
Congestion Relief Program, and other
responsibilities necessary for efficient and
effective implementation of the various
programs. Enhanced program management
responsibilities are part of program
and project delivery and separate
from Program Administration.

Regional Transportation
Mitigation Fee
(RTMF) Program
The 2006 Measure C Renewal Expenditure Plan
set forth requirements related to implementation
of the Regional Transportation Mitigation
Fee (RTMF) Program. The 2006 Measure C
ballot included requirements for local Fresno
County cities and the county (local agencies) to
implement Regional Transportation Mitigation
Fees pursuant to California Government Code
Sections 66000, et seq. and remit the proceeds to
the FCTA to supplement construction of projects
in the Regional Transportation program. The
ballot also included enforcement mechanisms
to ensure all Fresno County local agencies
participated in the program. In response
to those requirements, and to implement
a consistent regional fee, the local agencies
formed a Joint Powers Agency (JPA), Fresno
County Regional Transportation Mitigation Fee
Agency (FCRTMFA), pursuant to California
Government Code Sections 6500, et seq.
146
AGENDA ITEM NO. 15.
26 This Measure Renewal provides for the
continuation of the RTMF program established
by the 2006 Measure, including all local agency
enforcement mechanisms, the perpetuation of
the Fresno County RTMF Agency through the
life of the Measure and all adopted policies and
agreements currently in effect pertaining to
the mitigation fee program. The Measure also
recognizes that mitigation fees are governed
by State law, which changes from time to time,
and stipulates implementation of the program
shall remain in compliance with California law.

California statute currently requires a major
update to the NEXUS in 2028, which will revisit
how the fee has been spent on current projects,
consideration of future projects, adjustments to
rates, and all other legal program requirements.

The Authority, consistent with the adopted and
updated Measure C Expenditure Plan, shall have
the authority and flexibility to allocate the RTMF
based upon regional priority need within the
county as defined by the biannual update of the
Major Roads & Highways, Safety Improvement
and Congestion Relief Program consistent with
State law governing impact mitigation fees.

No later than June 30, 2027, all Measure C
agencies must extend the RTMF JPA established
as a part of the second Measure C, consistent
with Section 7 of the JPA Agreement. If any
city or Fresno County should choose to not
implement the RTMF, that agency shall forfeit
annually from the Local Control Program,
an amount equal to the amount of RTMF
that would otherwise have been paid for
development projects within that jurisdiction
during the year. If an agency chooses to not
implement the RTMF, that agency shall notify
the Authority of such decision and shall file
an advisory report with the Authority for each
development indicating the amount of RTMF
that would have been paid. The Authority shall
make a total calculation of RTMF obligation
on an annual basis and deduct the appropriate
amount of funds for the RTMF from the Local
Control Program allocation for that agency.
147
AGENDA ITEM NO. 15.
27 table 4
Tier 1 Urban Projects
Project ID Title Description Agency Inflated Project Costs

2.1 SR 180 /
SR 41 / 168
Urban Freeway Connectors
Operational Improvement Study
Caltrans $ 1,194,052

2.2 SR 180 /
SR 41 /168
Urban Freeway Connectors
Operational Improvements
Caltrans $ 119,405,230
3 SR 180 WB to NB/
SR 99 connector
Add additional lane Operational Caltrans $ 23,881,046
5 SR 41: Friant to
Herndon: SB On-
Ramp & Auxiliary
Lane
Widen SB On-Ramp and Add 1
SB Auxiliary Lane Operational
Caltrans $ 47,762,092
7 SR 41:

Herndon Ave
to Bullard Ave
Add an auxiliary lane to SB
SR-41 between Herndon Ave to
Bullard Ave
Caltrans $ 29,851,307
8 SR 41: McKinley
Ave to Shields Ave
Add an auxiliary lane to NB
SR-41 from McKinley Ave to
Shields Ave
Caltrans $ 29,851,307
9 SR 41: Van Ness
Ave to San Joaquin
River (NB/SB)
SR41 Corridor Preservation
Feasibility Study
Caltrans $ 1,194,052
16 SR 41, SR 99, SR
168, SR 180 Smart
Corridor Projects
Smart Corridor Projects ($5
million / Mile @ 54 Miles
along SR 41, SR 99, SR 168,
and SR 180) Operational
Improvements—Phase 1
Caltrans $ 89,553,922
18 SR 41/SR 180
NB Connector
SR 41/SR 180 EB to NB
Connector
Caltrans $ 59,702,615
22 SR 99/Shaw
Interchange
Reconstruct Interchange Caltrans $ 95,524,184
46 SR 168 Owen
Mountain
Interchange
Replace at-grade intersection
with Interchange
Caltrans $ 59,702,615
1, 42, 43,
44, 45, 49
SR 168 Interchange
Improvements
Various Locations; Fowler,
Bullard, Herndon, Shaw, &
Temperance
Caltrans $ 29,851,307
148
AGENDA ITEM NO. 15.
28 table 4
Tier 1 Urban Projects
Project ID Title Description Agency Inflated Project Costs 51 Blackstone
McKinley BNSF
Grade Separation
Grade Separate Blackstone
and McKinley Avenues to
eliminate existing BNSF At
Grade Crossings—Include
for eligibility purposes only;
MC2 should complete project
Fresno
14 SR 41/Shields
Avenue
Shields Avenue Interchange
Improvement: Expand the
NB off ramp to 2 lanes for
the full length
Caltrans $ 11,940,523
15 SR 41/Van Ness
Interchange
Improvements
Modify interchange to add a
direct southbound on-ramp;
eliminate Broadway/SR-41
southbound on-ramp; signalize
ramp intersections with Van
Ness and add ramp metering to
new southbound on-ramp.

Caltrans $ 17,910,784
20 SR 99/Ashlan
Interchange
Reconstruct Interchange—
Include Golden State Blvd.

Caltrans $ 83,583,661
23 SR 99/Stanislaus
Interchange
Reconstruct Overcrossing
Operational. Included for
eligibility purposes only;
Caltrans should complete
Caltrans
24 SR 99/Tuolumne
Interchange
SR 99/Tuolumne Interchange
Operational. Included for
eligibility purposes only;
Caltrans should complete
Caltrans
30 Herndon:

DeWolf to McCall
2 Lane Undivided to 4 Lane
Divided, Sidewalks, Bike Lanes,
Street Lights, Curb and Gutter,
Fiber Optics
Clovis $ 42,527,367
36 Shepherd:

Clovis to Fowler
2 Lane Undivided to 3 Lane
Divided, Sidewalks, Bike Lanes,
Street Lights, Curb and Gutter,
Fiber Optics
Clovis $ 13,289,802
37 Shepherd:

Clovis to Fowler
3 Lane Divided to 4 Lane
Divided, Sidewalks, Bike Lanes,
Street Lights, Curb and Gutter,
Fiber Optics
Clovis $ 11,960,822
149
AGENDA ITEM NO. 15.
29 table 4
Tier 1 Urban Projects
Project ID Title Description Agency Inflated Project Costs 38 Shepherd:

Fowler to
Armstrong
3 Lane Divided to 4 Lane
Divided, Sidewalks, Bike Lanes,
Street Lights, Curb and Gutter,
Fiber Optics, Traffic Signal at
Shepherd and Armstrong
Clovis $ 7,973,881
73 Shaw Ave:

Garfield to Polk
Widen from 2 Lane Undivided
to 4 Lane Divided with bike
lanes, sidewalks, traffic signals
and synchronization
Fresno $ 12,236,851
76 Temperance:

SR-180 to Clinton
Widen from 2 Lane Undivided to
6 Lane Divided with bike lanes,
trail, sidewalks, curb and gutter
Fresno $ 10,800,000
78 East/West
Corridors west of
99—Shaw, Ashlan,
Clinton, and
McKinley
Corridor improvements Fresno $ 40,000,000
79 Blackstone
BRT Corridor
Smart Mobility
Improvements
Blackstone south of Dakota: 6
Lane Divided to 4 Lane Divided
with Class IV bicycle facilities,
midblock pedestrian crossings,
transit and pedestrian-
scale improvements
Fresno $ 5,000,000
Total $ 832,479,291
150
AGENDA ITEM NO. 15.
30 table 5
Tier 1 Rural Projects
Project ID Title Description Agency Inflated Project Costs 94 SR 145: Madera
Avenue—0.12 Mile
N/O Whitesbridge
to 0.25 Mile N/O
Nielsen
Widen 2 LU to 4 LD,
Sidewalks, Bike Lanes,
Curb and Gutter, Streetlights
Caltrans $ 6,018,024
96 SR 168/Academy
Roundabout
Construct Roundabout—
67% SHOPP Funding
Caltrans $ 4,179,183
97 SR 180/Academy
intersection
improvements
Add right turn
channelization Operational—
50% SHOPP Funding
Caltrans $ 5,970,261
98 SR 180
Passing Lanes
Add passing lanes between
Kerman and Mendota
Operational
Caltrans $ 10,746,471
99 SR 180 W-I-5 to
Junction SR 33/
SR180: 2 Lane on
E-W Alignment
2 Lane on New E-W Alignment—
Phase 1
Caltrans $ 95,524,184
100 SR 198
Passing Lanes
Add passing lanes
between NAS Lemoore
and I-5 Operational
Caltrans $ 10,746,471
101 SR 269/SR 145 Intersection Improvements
Operational (Roundabout)—
100% SHOPP Funding
Caltrans
102 SR 269/SR 198 Intersection Improvements
Operational (Roundabout)—
100% SHOPP Funding
Caltrans
103 SR 33
Passing Lanes
Add passing lanes between
Firebaugh and Mendota
Operational
Caltrans $ 10,746,471
104 SR 43:

SR 99 to Kings
County Line
Passing Lanes Caltrans $ 11,940,523
105 SR 99/Mendocino
Interchange
Modify/Reconstruct Interchange Caltrans
107 SR 99/SR 43:

Floral Interchange
Reconstruct interchange—
Partial Funding $90M total cost
Caltrans $ 29,851,307
151
AGENDA ITEM NO. 15.
31 table 5
Tier 1 Rural Projects
Project ID Title Description Agency Inflated Project Costs 108 SR 99: Mountain
View and
Highway 99 Dual
Roundabout
Interchange
The project consists of Re-
aligned at Highway 99 at
the existing Mountain View
overcrossing to align and to
build roundabout intersection
control on both sides. Potential
partnership with TCAG. Total
Cost $18M
Caltrans $ 10,746,471
110 Jayne Avenue:

Glenn to I-5
2 Lane Undivided
to 4 Lane Divided
Fresno
County
$ 362,992
116 Academy Avenue
City Limits to
Dinuba
Bridge/Roadway Widening Parlier $ 6,328,477
118 Reed Avenue
Reconstruction
Phase 2
Reconstruction of roadway,
increase from two lanes to four
lanes, curb ramp upgrades,
overlay, slurry seal, replace water
lines,
bike lanes, curb and
gutter and sidewalks
Reedley
119 Reed Avenue
Widening
Widen Reed Avenue from two
lanes to four lanes from South
Avenue to the SR 180
Reedley $ 29,851,307
121 Academy Avenue Along Academy Ave from SR
99 to SR 168, reconstruct and
rehabilitate pavement, install
traffic signals or roundabouts
(safety improvements), add vehicle
turn lanes, install high visibility
crosswalks and rectangular-rapid
flashing beacons, install sidewalk,
install lighting, add buffered
bike lanes and provision for
connectivity to potential future
ATP projects
Various $ 23,881,046
152
AGENDA ITEM NO. 15.
32 table 5
Tier 1 Rural Projects
Project ID Title Description Agency Inflated Project Costs 122 Manning Avenue
E/O
SR 99
Along the corridor from SR 99
to Orange Cove city limits,
reconstruct and rehabilitate
pavement, install traffic signals,
add vehicle turn lanes, provide
crosswalk improvements, install
sidewalk, add buffered bike lanes
and provision for connectivity to
potential future ATP projects
Various $ 9,552,418
123 Millerton Road Friant to Sky Harbor,
widen to 4 lanes divided;
Total Cost $40M
Fresno
County
$ 35,821,569
Total $ 302,267,175
153
AGENDA ITEM NO. 15.
33 figure 2
Tier 1 Urban Project Map
154
AGENDA ITEM NO. 15.
34 figure 3
Tier 1 Rural Project Map
155
AGENDA ITEM NO. 15.
35 table 6
Tier 2 Urban Projects
Project ID Title Description Agency Inflated Project Costs 9 SR 41: Van Ness
Ave to San Joaquin
River
Corridor Preservation
Operational Improvement
Projects
Caltrans $ 411,424,405
21 SR 99/Herndon:

Widen
Undercrossing
Widen Undercrossing
to 5 Lanes
Fresno $ 32,160,683
12 SR 41/Divisadero:
on/off ramps
Reconfigure for SB dual rights;
and EB dual lefts on Divisadero
at NB on-ramp
Caltrans $ 4,946,168
16 SR 41, SR 99, SR
168, SR 180 Smart
Corridor Projects
Smart Corridor Projects
($5 million/Mile @ 54 Miles
along SR 41, SR 99, SR 168,
and SR 180) Operational
Improvements—Phase 2
Caltrans $ 204,199,613
25 SR 99 Interchange:

Central & Chestnut
Central/Chestnut/SR
99-Improve Interchange
(Dependent on extension of
Measure)
Caltrans $ 164,872,280
27 Clovis:

Behymer
to Copper
Unconstructed to 6
Lane Divided, Sidewalks,
Bike Lanes, Street Lights,
Curb and Gutter, Fiber Optics,
Bridge at Enterprise Canal
Clovis $ 10,966,276
48 SR 168/Shepherd
Interchange
New Interchange Clovis $ 75,758,056
10 SR 41/
Ashlan Avenue
Ashlan Avenue Interchange
Improvement—Reconfigure
interchange to either a Single
Point Urban Interchange
(SPUI) or a Diverging Diamond
configuration. Additional study
required to determine the
appropriate design
Caltrans $ 136,133,075
156
AGENDA ITEM NO. 15.
36 table 6
Tier 2 Urban Projects
Project ID Title Description Agency Inflated Project Costs 11 SR 41/
Bullard Avenue
Bullard Avenue Interchange
Improvement—Reconfigure
interchange to either a Single
Point Urban Interchange
(SPUI) or a Diverging Diamond
configuration. Additional study
required to determine the
appropriate design
Caltrans $ 136,133,075
13 SR 41/
Shaw Avenue
Shaw Avenue Interchange
Improvement—Add a 3rd lane
to the SB on ramp for ramp
meter queuing and a 3rd lane to
the SB off-ramp at the terminus
Caltrans $ 30,251,794
31, 32, 33,
34 McCall:

Shaw to Shepherd
2 Lane Undivided to 6 Lane
Divided, Sidewalks, Bike
Lanes, Street Lights, Curb and
Gutter, Fiber Optics; Primarily
Developmnet Funded
Clovis $ 37,814,743
35, 39, 40 Shepherd:

Armstrong
to Del Rey
3 Lane Undivided to 4 Lane
Divided, Sidewalks, Bike Lanes,
Street Lights, Curb and Gutter,
Fiber Optics
Clovis $ 30,251,794
50 Willow:

Barstow to Copper
Complete widening to 6 Lane
Divided where needed and add
bike lanes
Clovis $ 1,683,512
54 Grantland Avenue:

SR 180 to Belmont
Grantland Avenue—
SR 180 to Belmont: 2 Lane
Undivided to 4 Lane Divided
Fresno $ 10,746,471
55 Grantland:

Belmont to Shields
2 Lane Undivided to 4 Lane
Divided with bike lanes,
sidewalks, curb, gutter, trail
Fresno $ 14,265,701
53, 56, 57 Grantland Ave:

Ashlan to Parkway
4 Lane Divided 6 Lane Divided
with bike lanes, sidewalks, curb,
gutter, trail
Fresno $ 9,075,538
64 Jensen:

Orange to Clovis
4 Lane Divided 6 Lane Divided
with bike lanes, sidewalks, curb,
gutter, trail
Fresno $ 32,475,301
157
AGENDA ITEM NO. 15.
37 table 6
Tier 2 Urban Projects
Project ID Title Description Agency Inflated Project Costs 65 Jensen:

Clovis to
Temperance
4 Lane Divided 6 Lane Divided
with Class 1
bike path/trail
Fresno $ 18,559,476
66 Jensen:

Fruit to Martin
Luther King Blvd
2 Lane Undivided to 4 Lane
Divided with bike lanes,
sidewalks, curb, gutter, trail
Fresno $ 7,305,808
67 Jensen:

Marks to Fruit
2 Lane Undivided to 4 Lane
Divided with bike lanes,
sidewalks, curb, gutter, trail
Fresno $ 10,966,276
68 Shaw:

Blythe to Brawley
4 Lane Divided 6 Lane Divided
(retrofit)
Fresno $ 4,053,740
74, 75 Shepherd:

Cedar to Willow
3 Lane Undivided to 4 Lane
Divided with bike lanes and
sidewalks, curb and gutter
Fresno $ 1,512,590
76 Temperance:

SR-180 to Clinton
Widen from 2 Lane Undivided
to 6 Lane Dividedwith bike lanes,
trail, sidewalks, curb and gutter
Fresno $ 9,200,000
77 Temperance:

Jensen to Belmont
2 Lane Undivided to 6 Lane
Divided with bike lanes, trail,
sidewalks, curb and gutter
Fresno $ 27,831,651
88 Willow:

International
to Copper
Southbound
Willow-International to Copper
Southbound:

Widen to 3 Lanes
Fresno $ 946,881
89 Shaw and Leonard Install Traffic signal, widen
Shaw for second through lane
and left-turn lanes
Fresno
County
$ 1,925,527
90 Willow:

Copper to Friant
2 Lane Undivided
to 4 Lane Divided
Fresno
County/
City of
Fresno
$ 7,425,303
158
AGENDA ITEM NO. 15.
38 table 6
Tier 2 Urban Projects
Project ID Title Description Agency Inflated Project Costs 129 Copper:

Willow to Clovis
2 Lane Undivided to 6 Lane
Divided, Sidewalks, Bike Lanes,
Street Lights, Curb and Gutter,
Fiber Optics
Clovis $ 22,688,846
130 Enterprise Trail Pedestrian Bridge over SR 168
East of Temperance
Clovis $ 37,814,743
131 Clovis:

Auberry Couplet
north of Copper
Need Scope Fresno
County
$ 12,100,718
Blackstone
BRT Corridor
Smart Mobility
Improvements
Blackstone south of Dakota: 6
Lane Divided to 4 Lane Divided
with Class IV bicycle facilities,
midblock pedestrian crossings,
transit and pedestrian-
scale improvements
Fresno $ 75,629,486
Total $ 1,559,144,211
159
AGENDA ITEM NO. 15.
39 table 7
Tier 2 Rural Projects
Project ID Title Description Agency Inflated
Project Costs
99 SR 180 W-I-5
to Junction
SR 33/SR 180
2 Lane on New E-W Alignment—
Phase 2
Caltrans $ 60,503,589
125 SR 99/Manning
Ave Interchange
Interchange Improvements
(Ramp Improvements)
$ 22,688,846
128 Millerton &
Marina Drive
Traffic Signal
Traffic Signal Fresno
County
$ 5,294,064
95 SR 145 Madera
Avenue: Church
to 0.25 Mile
S/O Jensen
Widen 2 Lane Undivided to
4 Lane Divided, Sidewalks,
Bike Lanes, Curb and Gutter,
Streetlights
Caltrans $ 9,075,538
111 Manning:

Alta to Hill
2 Lane Undivided
to 4 Lane Divided
Fresno
County/City
of Reedley
$ 12,961,381
112 Manning:

Buttonwillow
to Alta
2 Lane Undivided
to 4 Lane Divided
Fresno
County/City
Reedley
$ 16,695,965
113 Shaw:

McCall to
Academy
2 Lane Undivided
to 4 Lane Divided
Fresno
County
$ 19,875,429
114 Shaw and
Academy
Install Traffic Signal; widen for
Northbound and southbound
right-turn lanes; Westbound
right-turn and left-turn lane;
Eastbound right-turn lane
Fresno
County
$ 2,849,719
115 Academy
Parkway:

Mountain View to
Simpson:
4 Lane Expy
New 4 Lane Expressway Kingsburg $ 9,075,538
117 Manning Ave-
Buttonwillow
to Englehart:

Widening and
Reconstruction
Reconstruct and widen Manning
Ave from 2 to 4 lanes between
Buttonwillow Ave and Englehart Ave
Reedley $ 6,050,359
160
AGENDA ITEM NO. 15.
40 Project ID Title Description Agency Inflated
Project Costs
120 SR 99
and Dinuba Fly-
over
Construction of Flyover from
State Route 99 to new intersection
at Golden State Boulevard near
Dinuba Ave
Selma $ 60,503,589
124 SR41 Central
and American
Upgraded existing intersections
to interchanges
Caltrans $ 143,696,024
126 SR 99/Adams
Interchange
Interchange Improvements $ 30,251,794
127 McCall:

Griffith to 180
Lane Widening—2-4 Lanes Fresno
County
Total $ 399,521,837
161
AGENDA ITEM NO. 15.
41 CItIzen oversIght CommIttee
A Citizen Oversight Committee (COC) was
established as a part of the 2006 Measure. That
committee’s efforts have been helpful in analyzing
local agency conformance to Expenditure Plan
requirements. Each year their findings are an
important part of the Measure C Annual Report.

This proposed Measure will continue efforts of
the COC with a number of key changes to help
increase local agency accountability for Measure
C funds spent, and to make it easier to ensure that
all COC seats remain filled during the duration
of the Measure (reference the Implementing
Guidelines available online in June 2022 at
www.measurecrenewal.comwww.measurecrenewal.com).

Additional responsibilities and minor changes
to COC membership are also included in the
Implementing Guidelines. COC responsibilities
generally include the following:
• Receive, review, inspect, and recommend
action on independent financial and
performance audits related to the planning
and implementation of the Measure C
Extension program.
• Receive, review, and recommend action
on other periodic reports, studies, and
plans from responsible agencies including
the Authority, Fresno COG, the Cities, the
County or other agencies. Such reports,
studies and plans must be directly related to
Measure C Extension programs, revenues,
or expenditures.
• Review and comment upon Measure C
Extension expenditures to ensure that they
are consistent with the Expenditure Plan.
• Annually review how sales tax receipts are
being spent and publicize the results.
• Present committee recommendations,
findings, and requests to the public and
the Authority in a formal annual report.
162
AGENDA ITEM NO. 15.
42 admInIstratIon
Fresno County Transportation
Authority Structure
Under the Measure C
Renewal Extension Program
The Authority will continue to administer the
Measure C Renewal Extension Program in
compliance with its special enabling legislation.

If the Measure C Extension is approved by Fresno
County voters in November 2022, the Authority
will continue to be responsible for administering
the Measure C Programs in accordance with
plans and programs outlined in the Renewal
Expenditure Plan and subsequent updates of the
Plan. In addition, the enabling legislation includes
provision for a Citizen Oversight Committee
(COC). The COC was formed in 2007 under the
current Measure Program. Details regarding the
Committee are contained in the Implementing
Guidelines. The Expenditure Plan will continue
to be prepared by the Authority and Fresno COG
and approved by the Fresno COG Policy Board
and by the Authority.

The enabling legislation requires that the Authority
be represented by nine (9) members including:
• Two (2) members of the Board of Supervisors
appointed by the board, consisting of one (1)
member from Rural district 1, 4, or 5 and one
(1) member from Urban district 2 or 3.
• Two (2) members representing the City of
Fresno, consisting of the mayor thereof and
a member of the city council of that city
appointed by the city council.
• One (1) member representing the City of
Clovis appointed by the city council of that city.
• Two (2) members representing the other
cities within the county, consisting of one (1)
Westside member appointed by a committee
comprised of the mayor or each of those
cities west of State Route 99, and one (1)
Eastside member appointed by a committee
comprised of the mayors of each of those
cities east of State Route 99.
• Two (2) members of the public-at-large,
consisting of one member appointed by the
board of supervisors with the appointee
residing outside of the incorporated areas
of Fresno and Clovis, and one member
appointed jointly by the cities of Fresno and
Clovis with the appointee residing within
the incorporated area of Fresno or Clovis.
163
AGENDA ITEM NO. 15.
43 The 2006 Measure C Extension added two new
members to the Authority Board. These two
positions were identified as “Public Members-at-
Large” with one seat identified as urban and one
as rural. The urban member was to be appointed
jointly by the City of Fresno and City of Clovis,
while the rural member was to be appointed
by the Fresno County Board of Supervisors.

It has been difficult to keep the urban seat
filled. Under this proposed Measure C Renewal
Program, the urban member appointment
will remain the responsibility of the two cities
and the rural member appointment will be
the responsibility of the Board of Supervisors.

However, if either position remains unfilled for
nine (9) consecutive months, said member(s) will
be appointed by the Authority Executive Director.

An appointee of the Executive Director will serve
a full term, after which the responsible agencies
will have an opportunity to choose the successor.

As with the current Measure C Program,
the goal of the Authority and Fresno COG
will be to continue to fulfill the Promise of
Measure C by delivering projects.

Plan uPdate and aPProval Processes
Regional Transportation Plan and
Sustainable Communities Strategies
In compliance with schedules mandated in
federal and State law, Fresno COG regularly
prepares the Regional Transportation Plan/
Sustainable Communities Strategy (RTP/SCS)
every four (4) years that updates and renews a
list of candidate projects for all transportation
modes (streets, highways, public transportation,
bikeways, aviation, etc.). If funds are available
for any projects beyond those listed in
the Renewal Expenditure Plan, they will
be drawn from that list. As stated before,
all updates of the Renewal Expenditure Plan
will be subject to public review and public
hearings. While these candidate projects may
change and priorities for funding may occur,
there are more than enough project needs
within the County to be addressed using
all types of funding, including Measure C.

It will be vital during development of each
Expenditure Plan Update to consider financing
all transportation modes in order to ensure a
balanced and efficient transportation system.

All of the projects and programs included in
the Expenditure Plan are considered essential to
meet the transportation needs of Fresno County.

Measure C Expenditure Plan Update
Fresno COG preforms a biennial update of the
approved Expenditure Plan. Fresno COG and
Authority staff work with member agencies and
affected stakeholders to review and update the
Expenditure Plan taking into consideration the
status of project delivery, funding availability,
and performance indicators. The Fresno COG
Policy Board receives the Draft Expenditure
Plan and its updates and schedules public
hearings to review the Plan. After adoption of
any Expenditure Plan updates by the Policy
Board, the Plan is transmitted to the Authority
for their consideration and approval.
164
AGENDA ITEM NO. 15.
44 Strategic Implementation Plan
The Authority will prepare a Strategic
Implementation Plan which provides
detailed guidance to local agencies on the
use of Measure C funds. The Authority
updates this plan every two years.

Expenditure Plan Amendments
Fresno COG has the primary responsibility
for initiating official amendments of the
Expenditure Plan. Fresno COG prepares
proposed amendments to be considered by the
COG Policy Board. Amendments approved by
the Policy Board are then transmitted to the
Authority for consideration. If approved by the
Authority Board, amendments are incorporated
into the Expenditure Plan.

The Authority Board may also initiate Expenditure
Plan amendments. The Authority shall take
all appropriate actions to give highest priority
to the projects and programs in the approved
Expenditure Plan, and if any amendments delay or
delete any project in the initial plan, the Authority
shall hold a public hearing and adopt a resolution
initiating the amendments.

The Authority shall notify Fresno COG,
the Board of Supervisors, and the city council
of each city in the county and provide them
with a copy of the proposed amendments.

The amendment is then approved by the
Board of Supervisors and then approved by a
majority of the cities constituting a majority of
the population residing in the incorporated
areas of the county. The proposed amendments
shall become effective immediately upon
completion of the approval process.

Independent Financial Audits
Currently, the Authority annually commissions
independent financial audits of the Measure C
programs and receipts. If the Measure is renewed
by the voters, the Authority would continue
to conduct independent financial audits
consistent with its enabling legislation.

Bonding
The FCTA Board may consider bonding
of future revenues if project needs, and
deliverability exceed cash flow. Bonding will
not be used until first determining that the
benefits of accelerated project or program
delivery outweigh the additional cost of
interest on narrowed funds.
165
AGENDA ITEM NO. 15.
45 for more InformatIon
Contact the Authority or Fresno COG to inquire about the Measure C Renewal Extension process, discuss the candidate projects and programs contained in this Plan or to learn more about the current Measure C Extension Program.

Fresno Council of
Governments
Fresno COG
add 2035 Tulare Street, Suite 201
Fresno, CA 93721
Ph (559) 233-4148
fax (559) 233-9654
web www.fresnocog.org
Visit the Fresno COG Website at
www.fresnocog.orgwww.fresnocog.org for more information, to sign up for our email list, and to receive
updates on Measure C planning activities.

Fresno County
Transportation
Authority
add 2220 Tulare Street, Suite 2101
Fresno, CA 93721
Ph (559) 600-3282
fax (559) 600-1499
web www.measurec.com
Visit the Authority Website at
www.measurec.comwww.measurec.com for more information,
to sign up for our email list, and to receive
updates on current Measure C projects.

A copy of the implementing guidelines will be available June 2022 at:
www.measurecrenewal.comwww.measurecrenewal.com
166
AGENDA ITEM NO. 15.
46 aPPendIx a
Draft Measure C Renewal
Ballot Language
Without raising tax rates, shall an ordinance
to repair potholes, keep local roads in good
condition; upgrade structurally declining
bridges/overpasses; improve highway safety,
911 emergency vehicle access, air quality,
public transit services; protect low-cost senior
transportation options and create local jobs;
be adopted, continuing the voter-approved
transportation ½¢ sales tax (established 1986),
providing approximately $228 million annually
for 30 years; requiring audits, public oversight/
spending disclosure, local control?
aPPendIx b
Local Program
Allocations by Agency
Agency Fresno Proposal
Clovis $ 519,210,059
Coalinga $ 74,562,264
Firebaugh $ 36,943,703
Fowler $ 32,599,858
Fresno $ 2,307,800,260
Huron $ 33,128,585
Kerman $ 71,008,461
Kingsburg $ 61,935,554
Mendota $ 53,838,196
Orange Cove $ 440,730,84
Parlier $ 67,641,387
Reedley $ 114,213,410
San Joaquin $ 20,611,555
Sanger $ 120,149,116
Selma $ 107,380,161
County of Fresno $ 1,130,223,774
Total $ 4,795,319,460
Urban area receives the majority of the funding. Transit allocation split 70% FAX, 20% FCRTA, and 10% Clovis Transit. Estimates only and subject to change.
167
AGENDA ITEM NO. 15.

MEASURE C • SHARING YOUR TRANSPORTATION NEEDS
City of Fresno
Measure C Renewal - MC3
Proposed Alternative | July 7, 2022
Attachment 4 168
AGENDA ITEM NO. 15.

Introduction of City of Fresno Alternative
169
AGENDA ITEM NO. 15.

Benefits to Other Cities
City of Fresno Alternative
Agency Increased Revenues over
30 Years for Street Repairs,
Flexible Funds (Local
Control)
Clovis $20.9 million (+4.1%)
Coalinga $7.4 million (+10.6%)
Firebaugh $4.3 million (+12.6%)
Fowler $1.5 million (+4.3%)
Fresno $86.9 million (+3.8%)
Huron $4.5 million (+18.4%)
Kerman $7.6 million (+12.3%)
Kingsburg $4.7 million (+9.0%)
Agency Increased Revenues over
30 Years for Street Repairs,
Flexible Funds (Local
Control)
Mendota $6.7 million (+13.9%)
Orange Cove $5.4 million (+14.3%)
Parlier $6.7 million (+11.5%)
Reedley $7.9 million (+7.6%)
San Joaquin $2.9 million (+17.2%)
Sanger $10.3 million (+9.9%)
Selma $8.4 million (+8.4%)
Fresno County: Decreased Revenues
$185 million (-15.5%)
170
AGENDA ITEM NO. 15.

Overall Positive Components of COG Plan
• Emphasis on neighborhoods and street
repai
r (51% of total program)
• No Neighborhood Left Behind – 30%
minimum requirement for Disadvantaged
Neighborhoods
• Reduction in Regional Program from 30% to
15% in the proposed MC3 Renewal Plan
171
AGENDA ITEM NO. 15.

City of Fresno Alternative
• All funding allocations by
program to remain the
same
• Recommending
adjustments to policies
and calculations/formulas
172
AGENDA ITEM NO. 15.

Comparison
Measure C Programs
Program Current Measure C
(2007-27)

FCTA/COG
Presentation MC3
City of Fresno Alternative
MC3
Local & Neighborhood Streets 15.3% 51% 51%
Flexible/Local Control 14.8% 18% 18%
Public Transit 19.66% 12% 12%
Senior/ADA Taxi Scrip/Van Pools 1.95% Absorbed in Transit New Tech, PTIS 2.39%
Regional Program 30.4% 15% 15%
ADA 0.5%
Pedestrian/Bicycle 4% 1% 1%
Environmental Enhancement 3.5% 2% 2%
Rail Consolidation 6%
Administration 1.5% 1% 1%
TOTAL 100% 100% 100%
173
AGENDA ITEM NO. 15.

COG Recommended Plan
Overall Shortcomings
• Urban Tier 1 project list – s hould focus more on existing needs rather than capacity for new growth areas
• Clarity needed for Local Hire, Urban TOD requirements • Flawed assumption that Measure C revenue growth would outpace inflation and enable a
39% smaller share for the Public Transit program without service impacts starting in July 2027.
174
AGENDA ITEM NO. 15.

Shortcomings of the COG Recommended Plan
(Local & Neighborhood Streets)
• Elimination of the $100,000 baseline allocation to every agency prior to distributing funds by formula, which has served to provide greater equity to smaller cities in the current 2007-27 program • Inability for agencies to repair curbs and sidewalks, or to perform Complete Streets projects
175
AGENDA ITEM NO. 15.

Solutions | City of Fresno Alternative
(Local & Neighborhood Streets)
• Restore equity, provide
flexibility
• Provide a baseline $100,000 to each
agency prior to distributing the
balance by population-road miles
(same as current Measure)
• Modify formula to be 80%
population, 20% road miles
• Allow agencies to repair curbs,
gutters & sidewalks; and/or provide
Complete Streets when roadways
are repaved
176
AGENDA ITEM NO. 15.

Shortcomings of the COG Recommended Plan
(Local Control)
• COG PLAN
• Insufficient Local Control funding levels for cities
• CITY OF FRESNO PROPOSAL:
• Local Control / Flexible Funding – to address public transit program reductions and local agency needs, the Local Control / Flexible funding needs to be 100% population-based.
177
AGENDA ITEM NO. 15.

Benefits to Other Cities
City of Fresno Alternative
Agency Increased Revenues over
30 Years for Street Repairs,
Flexible Funds (Local
Control)
Clovis $20.9 million (+4.1%)
Coalinga $7.4 million (+10.6%)
Firebaugh $4.3 million (+12.6%)
Fowler $1.5 million (+4.3%)
Fresno $86.9 million (+3.8%)
Huron $4.5 million (+18.4%)
Kerman $7.6 million (+12.3%)
Kingsburg $4.7 million (+9.0%)
Agency Increased Revenues over
30 Years for Street Repairs,
Flexible Funds (Local
Control)
Mendota $6.7 million (+13.9%)
Orange Cove $5.4 million (+14.3%)
Parlier $6.7 million (+11.5%)
Reedley $7.9 million (+7.6%)
San Joaquin $2.9 million (+17.2%)
Sanger $10.3 million (+9.9%)
Selma $8.4 million (+8.4%)
Fresno County: Decreased Revenues
$185 million (-15.5%)
178
AGENDA ITEM NO. 15.

Shortcomings of the COG Recommended Plan
(Transit)
• 39% cut in Regional Public Transit
funding per year, as compared to the
2007-27 Measure C Expenditure Plan
(12% share v. 19.66% share)
• Elimination of category for
Senior/ADA Taxi Script/Van Pools
assuming that services will be
absorbed by urban cities while
reducing allocation in transit share
179
AGENDA ITEM NO. 15.

Brief Overview
FAX Transit Service
• 10.5 million passenger trips (pre-COVID)
• BRT – 25% of total ridership, $56.3 million project
with $16.8 million in local funding
• High frequency route ridership at 21% of total
• 18 total routes
• Promotes infill, transit-oriented development,
affordable housing, economic development in
older neighborhoods
• 70% of passengers indicate no access to a car or
other vehicle and depend on public transit
180
AGENDA ITEM NO. 15.

Adjustments to Regional Tier 1 Urban Program
City of Fresno Alternative
Reductions (move to Tier 2) New Additions to Tier 1
Grantland Avenue (#54/55)
Move full amount to Tier 2
($25M) East/West Corridors west of 99
(Shaw, Ashlan, Clinton, McKinley)
$40M
Temperance Ave (#76)
Preserve $10.8M for
Temperance Avenue in Tier 1)
($20M) Blackstone BRT Corridor
Smart Mobility Improvements
$5M
Reductions in Tier 1 ($45M) Additions in Tier 1 $45M
Net Change (Fresno) (0)
• No changes to program funding levels
• No changes to Rural or Clovis projects
• Proposed changes affect City of Fresno jurisdiction only 181
AGENDA ITEM NO. 15.

Environmental Sustainability / TOD
City of Fresno Alternative
• Environmental Sustainability – i ncorporate guidelines for projects to ensure true Transit Oriented Development:
• Be located in an ur ban area on a site that has either been previously developed or that adjoins existing major urban uses on at least seventy-five percent of the site’s perimeter.
• Be located within ½ mile of an existing major transit stop or an existing stop al
ong a high quality transit corridor.
• Density of at last 20 units per acre, and a commercial infill mixed-us e project should have a floor area ratio of at least 0.75.
• “High-qual ity transit corridor” means an existing corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
182
AGENDA ITEM NO. 15.

Local Hire Provisions
City of Fresno Alternative
• Local Hire – The Expenditure Plan should provide for the ability to establish local hiring goals for Contractors on Measure C projects. 183
AGENDA ITEM NO. 15.

City of Fresno Summary
184
AGENDA ITEM NO. 15.

Summary of Benefits
City of Fresno Alternative
• No changes to the program funding levels as presented by staff • No impacts to Urban or Rural regional programs
• Restores equity for smaller cities, consistent with the current M
easure C Expenditure Plan (2007-27)
• Provides flexibility to local agencies to utilize street repair funds for cur
bs, gutters and sidewalks if needed
• Provides resources to address pavement conditions
• Increased funding levels for every city
• County road repair funding of $1.01 billion over 30 years, a 79% gr
eater share of the total program over the current Measure C • Protects transit, avoids severe cutbacks in service
185
AGENDA ITEM NO. 15.

Comparison
Measure C Programs
Program FCTA/COG
Presentation MC3
City of Fresno Alternative
MC3
Local & Neighborhood Streets 51% 51%
Flexible/Local Control 18% 18%
Public Transit 12% 12%
Senior/ADA Taxi Scrip/Van Pools Absorbed in Transit
New Tech, PTIS
Regional Program 15% 15%
ADA
Pedestrian/Bicycle 1% 1%
Environmental Enhancement 2% 2%
Rail Consolidation
Administration 1% 1%
TOTAL 100% 100%
186
AGENDA ITEM NO. 15.

Benefits to Other Cities
City of Fresno Alternative
Agency Increased Revenues over
30 Years for Street Repairs,
Flexible Funds (Local
Control)
Clovis $20.9 million (+4.1%)
Coalinga $7.4 million (+10.6%)
Firebaugh $4.3 million (+12.6%)
Fowler $1.5 million (+4.3%)
Fresno $86.9 million (+3.8%)
Huron $4.5 million (+18.4%)
Kerman $7.6 million (+12.3%)
Kingsburg $4.7 million (+9.0%)
Agency Increased Revenues over
30 Years for Street Repairs,
Flexible Funds (Local
Control)
Mendota $6.7 million (+13.9%)
Orange Cove $5.4 million (+14.3%)
Parlier $6.7 million (+11.5%)
Reedley $7.9 million (+7.6%)
San Joaquin $2.9 million (+17.2%)
Sanger $10.3 million (+9.9%)
Selma $8.4 million (+8.4%)
Fresno County: Decreased Revenues
$185 million (-15.5%)
187
AGENDA ITEM NO. 15.