Agenda packet, first session — Fowler City Council, August 2, 2022 (part 2 of 3)

BACKGROUND
At the June 21, 2022, City Council meeting the City Council directed the City Attorney and staff to prepare a proposed resolution for the Council to consider placing a special transactions and use tax increase measure of 0.275% for the Fowler Fire Department on the November 8, 2022 ballot for the voters to decide whether to approve the tax increase.

If the resolution calling the election for the special tax measure and approving the ballot question, the City Council will present the measure proposing a 0.275% increase to the existing Transactions and Use tax rate in the City of Fowler - a proposed increase to the maximum rate of 9.25% allowed State law. The proposed tax increase is for a special tax, which will require a ‘yes’ vote by 2/3 of votes cast by the voters of Fowler to be approved.

However, because this is a proposed special tax measure, Section 2(b) of Article XIII C of the California Constitution, added by Proposition 218, effective November 1996, does not require it be submitted to voters at a general election. If desired, a special tax measure could be submitted to voters at a special election. The next such special election date is in March 2023.

Moreover, a citizen initiative petition for a special tax measure for fire department funding is already underway. If the proponents of the citizen initiative gather enough signatures, the measure will appear on the November 8, 2022 ballot (if signatures are gathered and verified in time), or a special election may be called for March 2023 if the required signature gathering and verification does not meet the deadline for including the measure on the November 8, 2022 ballot. If the measure is placed on the ballot through the citizen initiative process, based on a recent court of appeal ruling on a special tax in Fresno, the special tax measure will be approved by a simple majority of ‘yes’ votes (50% + 1) cast at the election.

The proposed ballot question for the special transactions and use tax is included in Resolution No. 2578. The question complies with applicable provisions of the Elections Code (Sections 9, 9051, and 13247) which limit the text of a ballot question to no more than 75 words, including the title. The proposed question to be placed on the ballot for Council consideration is as follows:

CITY OF FOWLER FIRE DEPARTMENT TAX MEASURE: Shall an ordinance increasing the transactions and use tax rate in the City of Fowler by 0.275% be approved to generate approximately $250,000 annually to be used only for fire department expenses such as fire station upgrades, equipment, and firefighter staffing costs, until ended by voters, subject to annual audits available to the public, with all funds being used only to fund fire protection services in the City of Fowler and benefitting Fowler residents?
YES NO
The above proposed text may be modified by the City Council before approving Resolution No. 2578 but the text must not exceed 75 words. If the Resolution is approved, staff will return at a future City Council meeting to introduce an ordinance adding a new section to Chapter 5 of Title 3 of the Fowler Municipal Code relating to the proposed special Transactions and Use tax increase. The ordinance will be conditioned upon approval of the tax increase measure by the voters at the election.

APPROVE Resolution No. 2578
August 2, 2022

Page 3 ends

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
The City incurs a cost every other year to conduct an election. The estimated cost to conduct the regularly scheduled election will be budgeted and accounted for in the 2022-23 budget. If a measure is placed on the ballot, additional costs will be incurred, but the increased amount is unknown at this time.

Staff will return to the City Council with a budget amendment request if necessary.

If a special tax measure is placed on the ballot, and if it is approved by the voters, it is expected to raise approximately $250,000 annually in additional revenue. Such additional revenue will be restricted to fire department and fire protection services in Fowler.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2578
1 RESOLUTION NO. 2578

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER CALLING

FOR AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL

ELECTION TO BE CONSOLIDATED WITH THE REGULARLY SCHEDULED GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, TO

PRESENT TO VOTERS A MEASURE TO ADOPT AN ORDINANCE ENACTING A

0.275% SPECIAL TRANSACTIONS AND USE TAX INCREASE; REQUESTING

CONSOLIDATION THEREOF WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE; REQUESTING THAT THE FRESNO COUNTY BOARD

OF SUPERVISORS AUTHORIZE THE FRESNO COUNTY CLERK TO RENDER

SPECIFIED SERVICES TO THE CITY OF FOWLER RELATING TO THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION; AND APPROVING THE PROPOSED

BALLOT MEASURE DESCRIPTION
WHEREAS, applicable provisions of the Revenue and Taxation Code authorize the City to levy or increase a transactions and use tax for special purposes by ordinance after approval by supermajority 2/3 vote of the qualified electors of the City voting in an election on the issue; and WHEREAS, the City Council met at its regularly scheduled meeting of June 21, 2022, to discuss and consider a potential special tax to fund the Fowler Fire Department and fire protection services in the City, and directed City staff to prepare materials for the Council to consider placement of a proposed ballot measure for a proposed 0.275% special tax increase to the City’s current Transactions and Use Tax rate of 8.975%; and
WHEREAS, in accordance with applicable provisions of the California Constitution and California Elections Code the City Council desires to submit to the voters of the City of Fowler a ballot measure proposal for a special tax increase to the existing rate of the transaction and use tax in the City of Fowler by 0.275%, for a total rate of 9.25% (hereinafter the “Measure”); and WHEREAS, if the Measure is approved by the voters, the 0.275% increase to the transactions and use tax will be a special tax, the revenue of which will be placed in a separate fund to pay for Fowler Fire Department and fire protection expenses; and WHEREAS, Section 10401 of the Elections Code authorizes the Fresno County Board of Supervisors to consolidate the special municipal election for the Measure with the statewide general election scheduled for November 8, 2022; and
WHEREAS, the special tax increase Measure cannot be imposed without a super-majority 2/3 voter approval; and
WHEREAS, voter approval of the Measure increasing the City’s transaction and use tax rate will require an ordinance amending the Fowler Municipal Code defining the rate and more completely describing the Measure and details of the special tax, which ordinance shall be prepared by the City Attorney so as to be enacted if the Measure is approved by the voters (hereinafter “Ordinance”).

NOW, THEREORE, the City Council of the City of Fowler hereby resolves as follows:
2 SECTION 1. Pursuant to Article XIII C, Section 2(d) of the California Constitution, Section 53724 of the Government Code, and applicable provisions of the Elections Code, the City Council of the City of Fowler hereby calls and orders an election at which the Measure relating to the increase of the City’s transactions and use tax shall be submitted to the qualified voters of the City.

SECTION 2. The City Council requests the Fresno County Board of Supervisors to consolidate the special municipal election for this Measure with the statewide general election on November 8, 2022, pursuant to section 10403 of the Elections Code, and acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code section 10418.

SECTION 3. The City requests that the Fresno County Clerk/Registrar of Voters conduct the election and canvass the returns, and the City agrees to pay the proportionate share of reasonable expenses of said election, said share to consist of all direct costs as determined by the Fresno County Clerk to be directly related to the conduct of the City’s special municipal election.

SECTION 4. At the general municipal election to be held on November 8, 2022, the following question shall be submitted to registered voters of the City of Fowler and shall be printed on the election ballot in the form set forth as follows:

SECTION 6. Passage of the Measure requires a 2/3 super-majority of votes from qualified voters of the City voting in the election.

SECTION 7. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 8. Pursuant to Elections Code section 12111, the City Council hereby directs the City Clerk, with the assistance of the City Attorney, to prepare a synopsis of the Measure and transmit the synopsis to the Fresno County Clerk/Registrar of Voters to be published in accordance with section 12111.

SECTION 9. The full text of the Measure submitted to the voters and the Ordinance to be enacted to implement the Measure, if the Measure is approved by the voters, will not be printed in the sample ballot and voter’s pamphlet. However, the full text of the Measure and the full text of 3 the Ordinance shall be made available at the Office of the Fresno County Clerk/Registrar of Voters and the Office of the Fowler City Clerk.

SECTION 10. Arguments in favor of or against the proposed measure are permissible and shall be filed with the Fresno County Clerk/Registrar of Voters in accordance with applicable provisions of the Elections Code, including sections 9280 through 9287 thereof.

SECTION 11. Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney, and the City Attorney shall prepare an impartial analysis of the Measure in accordance with Elections Code section 9280 and file it with the Fresno County Clerk/Registrar of Voters.

SECTION 12. The City Clerk shall file a certified copy of this resolution with the Fresno County Clerk/Registrar of Voters as required by applicable law. The City Clerk is hereby authorized and directed to work with the Fresno County Clerk/Registrar of Voters and take all steps necessary to cause placement of the Measure and any associated arguments, analysis, synopsis, summary, or ballot question on the ballot.

SECTION 13. The City Clerk and City Attorney are authorized to make any typographical, clerical, non-substantive corrections to this resolution and the Measure to be placed on the ballot as may be deemed necessary by the Fresno County Clerk/Registrar of Voters.

SECTION 14. California Environmental Quality Act (CEQA). The adoption of this Resolution is exempt from the California Environmental Quality Act, Public Resources Code§§ 21000 et seq. ("CEQA") and 14 Cal. Code Reg. §§ 15000 et seq. ("CEQA Guidelines"). The calling and noticing of a Special Municipal Election for the submission of a ballot measure to voters is not a project within the meaning of CEQA Guidelines Section 15378.

SECTION 15. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons and circumstances. The City Council of the City of Fowler hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

PASSED, APPROVED AND ADOPTED by the Fowler City Council on this 2nd day of August, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
4 APPROVED:
___________________________
Mark Rodriquez, Mayor Pro-Tem
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk

CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 39863-39925 July 22 thru July 27 $ 393,036.22 TOTAL ACCOUNTS PAYABLE CHECKS $ 393,036.22

PAYROLL COSTS
Second July Bi-Monthly Payroll July 31, 2022 106,385.41 $ TOTAL PAYROLL COSTS $ 106,385.41
TOTAL CASH DISBURSEMENTS $ 499,421.63

CITY OF FOWLER

WARRANTS LIST
August 2, 2022
7-A
SUPERION PAGE NUMBER: 1
DATE: 07/28/2022 CITY OF FOWLER ACCTPA21
TIME: 12:02:09 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39863' and '39925' ACCOUNTING PERIOD: 1/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39863 07/21/22 10026 BCT CONSULTING 6030 HELP DESK JUN22 0.00 375.00 1001 39863 07/21/22 10026 BCT CONSULTING 6150 HELP DESK JUN22 0.00 375.00 1001 39863 07/21/22 10026 BCT CONSULTING 5000 HELP DESK JUN22 0.00 375.00 1001 39863 07/21/22 10026 BCT CONSULTING 6120 HELP DESK JUN22 0.00 375.00 TOTAL CHECK 0.00 1,500.00
1001 39864 07/21/22 14667 CENTRAL VALLEY STRIPING 6200 PARKING LOT STRIPE 0.00 2,485.00 1001 39865 07/21/22 11970 CENTRAL VALLEY TOXICOLOG 6120 TOXICOLOGY 0.00 38.00 1001 39866 07/21/22 14156 FRESNO ECONOMIC OPPORTUN 6700 MAY SENIOR MEALS 0.00 1,364.67 1001 39866 07/21/22 14156 FRESNO ECONOMIC OPPORTUN 6700 JAN SENIOR MEALS 0.00 1,488.73 1001 39866 07/21/22 14156 FRESNO ECONOMIC OPPORTUN 6700 APRIL SENIOR MEALS 0.00 1,523.47 1001 39866 07/21/22 14156 FRESNO ECONOMIC OPPORTUN 6700 JUNE SENIOR MEALS 0.00 1,771.59 1001 39866 07/21/22 14156 FRESNO ECONOMIC OPPORTUN 6700 MARCH SENIOR MEALS 0.00 1,846.02 TOTAL CHECK 0.00 7,994.48
1001 39867 07/21/22 13564 GREEN PRO SOLUTIONS 6200 SUPPLIES-PW 0.00 647.90 1001 39867 07/21/22 13564 GREEN PRO SOLUTIONS 6200 SUPPLIES-PW 0.00 731.64 TOTAL CHECK 0.00 1,379.54
1001 39868 07/21/22 13981 LEIST AND ASSOCIATES 6120 IA INVESTIGATION 0.00 4,446.00 1001 39869 07/21/22 10885 NELSONS POWER CENTER 6200 SUPPLIES-PW 0.00 247.32 1001 39869 07/21/22 10885 NELSONS POWER CENTER 6200 SUPPLIES-PW 0.00 247.32 1001 39869 07/21/22 10885 NELSONS POWER CENTER 6200 SUPPLIES-PW 0.00 247.32 TOTAL CHECK 0.00 741.96
1001 39870 07/21/22 10237 P G & E - SACRAMENTO 6260 UTILITIES-JUN22 0.00 529.94 1001 39870 07/21/22 10237 P G & E - SACRAMENTO 6200 UTILITIES-JUN22 0.00 1,246.62 1001 39870 07/21/22 10237 P G & E - SACRAMENTO 6700 UTILITIES-JUN22 0.00 1,743.34 1001 39870 07/21/22 10237 P G & E - SACRAMENTO 6080 UTILITIES-JUN22 0.00 2,545.26 1001 39870 07/21/22 10237 P G & E - SACRAMENTO 5000 UTILITIES-JUN22 0.00 10,021.33 TOTAL CHECK 0.00 16,086.49
1001 39871 07/21/22 14433 PRICE PAIGE & COMPANY 6030 19/20 & 20/21 AUDIT 0.00 5,279.00 1001 39872 07/21/22 10249 QUILL 6020 BINDER CLIPS 0.00 15.66 1001 39872 07/21/22 10249 QUILL 6010 FRAMES FOR PROCS. 0.00 47.67 TOTAL CHECK 0.00 63.33
1001 39873 07/21/22 14479 RG POWER 5000 SUPPLIES-WATER 0.00 153.48 1001 39873 07/21/22 14479 RG POWER 6260 SUPPLIES-PARKS 0.00 363.32 TOTAL CHECK 0.00 516.80
1001 39874 07/21/22 14358 SPARKLETTS 6020 WATER SERVICE 0.00 238.09 1001 39875 07/21/22 10303 SWANSON-FAHRNEY FORD 6200 SERVICE 0.00 1.30 1001 39877 07/21/22 14519 AMAZON CAPITAL SERVICES 6025 CERT HOLDERS-CITY CLR 0.00 22.76 1001 39877 07/21/22 14519 AMAZON CAPITAL SERVICES 6200 LYSOL SPRAY-PW 0.00 23.94 1001 39877 07/21/22 14519 AMAZON CAPITAL SERVICES 6260 SUPPLIES-LED LIGHTS 0.00 207.00 SUPERION PAGE NUMBER: 2
DATE: 07/28/2022 CITY OF FOWLER ACCTPA21
TIME: 12:02:09 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39863' and '39925' ACCOUNTING PERIOD: 1/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 0.00 253.70
1001 39878 07/21/22 14663 AVILA, YOLANDA 500 UB REFUND 0.00 53.52 1001 39879 07/21/22 10026 BCT CONSULTING 6030 COMPUTER SV 7/1/22 0.00 336.83 1001 39879 07/21/22 10026 BCT CONSULTING 6150 COMPUTER SV 7/1/22 0.00 336.83 1001 39879 07/21/22 10026 BCT CONSULTING 6120 COMPUTER SV 7/1/22 0.00 336.83 1001 39879 07/21/22 10026 BCT CONSULTING 5000 COMPUTER SV 7/1/22 0.00 336.85 TOTAL CHECK 0.00 1,347.34
1001 39880 07/21/22 14658 BRANDON A., MARY 500 UB REFUND 0.00 1.55 1001 39881 07/21/22 10024 BSK ASSOCIATES 5000 SUPPLIES-WATER 0.00 58.50 1001 39881 07/21/22 10024 BSK ASSOCIATES 5000 SUPPLIES-WATER 0.00 182.00 TOTAL CHECK 0.00 240.50
1001 39882 07/21/22 11291 THE BUSINESS JOURNAL 6150 ORD 2022-04 0.00 96.25 1001 39882 07/21/22 11291 THE BUSINESS JOURNAL 6150 ORD 2022-05 0.00 110.00 TOTAL CHECK 0.00 206.25
1001 39883 07/21/22 11653 CIVICPLUS LLC 6025 MUNICODE-CODE/ZON 0.00 1,115.20 1001 39884 07/21/22 12654 COMCAST 6120 COUNTY INTERNET 0.00 739.91 1001 39885 07/21/22 10124 COUNTY OF FRESNO 6120 RMS/JMS JUN22 0.00 77.01 1001 39885 07/21/22 10124 COUNTY OF FRESNO 6120 DISPATCH JULY22 0.00 8,663.81 TOTAL CHECK 0.00 8,740.82
1001 39886 07/21/22 10074 CSJVRMA 8500 WC 1ST QTR 22-23 0.00 90.41 1001 39886 07/21/22 10074 CSJVRMA 6400 WC 1ST QTR 22-23 0.00 258.36 1001 39886 07/21/22 10074 CSJVRMA 6700 WC 1ST QTR 22-23 0.00 258.36 1001 39886 07/21/22 10074 CSJVRMA 6025 WC 1ST QTR 22-23 0.00 337.18 1001 39886 07/21/22 10074 CSJVRMA 6150 WC 1ST QTR 22-23 0.00 420.11 1001 39886 07/21/22 10074 CSJVRMA 6030 WC 1ST QTR 22-23 0.00 643.09 1001 39886 07/21/22 10074 CSJVRMA 6160 WC 1ST QTR 22-23 0.00 753.71 1001 39886 07/21/22 10074 CSJVRMA 6020 WC 1ST QTR 22-23 0.00 1,087.78 1001 39886 07/21/22 10074 CSJVRMA 6260 WC 1ST QTR 22-23 0.00 1,717.96 1001 39886 07/21/22 10074 CSJVRMA 6130 WC 1ST QTR 22-23 0.00 3,168.10 1001 39886 07/21/22 10074 CSJVRMA 6200 WC 1ST QTR 22-23 0.00 3,396.67 1001 39886 07/21/22 10074 CSJVRMA 5000 WC 1ST QTR 22-23 0.00 6,680.54 1001 39886 07/21/22 10074 CSJVRMA 6120 WC 1ST QTR 22-23 0.00 27,451.73 1001 39886 07/21/22 10074 CSJVRMA 5000 WC 1ST QTR 22-23 0.00 54,803.76 1001 39886 07/21/22 10074 CSJVRMA 6080 WC 1ST QTR 22-23 0.00 111,268.24 TOTAL CHECK 0.00 212,336.00
1001 39887 07/21/22 14558 DOG WASTE DEPOT 6270 SUPPLIES 0.00 50.12 1001 39888 07/21/22 14654 FLOREZ, SOFIA 500 UB REFUND 0.00 112.56 1001 39889 07/21/22 10141 H & H TIRE SERVICES #3, 6120 TIRE MOUNT #20 0.00 120.00 1001 39890 07/21/22 14664 JIMENEZ, ANIVAL 500 UB REFUND 0.00 119.84 SUPERION PAGE NUMBER: 3
DATE: 07/28/2022 CITY OF FOWLER ACCTPA21
TIME: 12:02:09 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39863' and '39925' ACCOUNTING PERIOD: 1/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39891 07/21/22 14649 JORDAN PANAGOS 6400 SLUSH MIX 0.00 144.90 1001 39892 07/21/22 14662 JULIENNE JEAN 500 UB REFUND 0.00 180.54 1001 39893 07/21/22 12911 MARGO MONTOYA DBA FORCE 6400 FRMRS MRKT-FORCE EM 0.00 625.00 1001 39894 07/21/22 14661 MARIA CARRASCO 500 UB REFUND 0.00 30.80 1001 39895 07/21/22 10201 METRO UNIFORM & ACCESSOR 6120 UNIFORMS-YANG 0.00 117.22 1001 39895 07/21/22 10201 METRO UNIFORM & ACCESSOR 6120 UNIFORMS-BARRET 0.00 366.97 1001 39895 07/21/22 10201 METRO UNIFORM & ACCESSOR 6120 UNIFORMS-YANG 0.00 483.45 TOTAL CHECK 0.00 967.64
1001 39896 07/21/22 10249 QUILL 6020 DRY ERASE MARKERS 0.00 7.51 1001 39896 07/21/22 10249 QUILL 6025 DVDRS,TYLNOL,MRKRS,FL 0.00 16.66 1001 39896 07/21/22 10249 QUILL 6020 3 MNTH WALL CAL 0.00 21.02 1001 39896 07/21/22 10249 QUILL 6020 DVDRS,TYLNOL,MRKRS,FL 0.00 42.67 TOTAL CHECK 0.00 87.86
1001 39897 07/21/22 10251 R & R AUTO REPAIR SHOP 6120 VEH MAINT #70 0.00 372.39 1001 39898 07/21/22 14657 R.J. HILL HOMES/ADARALIA 500 UB REFUND 0.00 95.35 1001 39899 07/21/22 14656 RUIZ, ADRIAN 500 UB REFUND 0.00 35.77 1001 39900 07/21/22 14665 SEXTON, KATHERINE 500 UB REFUND 0.00 86.83 1001 39901 07/21/22 14655 SIMONIAN, JIM 500 UB REFUND 0.00 46.03 1001 39902 07/21/22 13355 SITE ONE LANDSCAPE SUPPL 6260 SUPPLIES-PARKS 0.00 125.00 1001 39902 07/21/22 13355 SITE ONE LANDSCAPE SUPPL 6260 SUPPLIES-PARKS 0.00 347.22 TOTAL CHECK 0.00 472.22
1001 39903 07/21/22 10763 SUNBELT RENTALS 6400 SUPPLIES 0.00 315.84 1001 39904 07/21/22 14144 TREVINO, ANDREW 6400 FRMRS MRKT-CALIFAS 0.00 800.00 1001 39905 07/21/22 14344 TULARE COUNTY SHERIFFS O 6120 POST CERT-ALCARAZ 0.00 100.00 1001 39906 07/21/22 13543 UNIFIRST CORPORATION 6700 JANITORIAL-SN 0.00 48.21 1001 39906 07/21/22 13543 UNIFIRST CORPORATION 6700 JANITORIAL-SNR CTR 0.00 48.21 1001 39906 07/21/22 13543 UNIFIRST CORPORATION 6020 MATS/MOPS 0.00 62.10 1001 39906 07/21/22 13543 UNIFIRST CORPORATION 6130 MATS/MOPS 0.00 72.09 TOTAL CHECK 0.00 230.61
1001 39907 07/21/22 14666 VIDALES, DAVID GUTIERREZ 500 UB REFUND 0.00 100.00 1001 39909 07/27/22 13635 BARNES WELDING SUPPLY 6130 SUPPLIES 2-27-21 0.00 22.74 1001 39909 07/27/22 13635 BARNES WELDING SUPPLY 6130 SUPPLIES 11-30-20 0.00 25.30 1001 39909 07/27/22 13635 BARNES WELDING SUPPLY 6130 SUPPLIES 1-30-21 0.00 35.04 1001 39909 07/27/22 13635 BARNES WELDING SUPPLY 6130 SUPPLIES 12-31-20 0.00 36.06 SUPERION PAGE NUMBER: 4
DATE: 07/28/2022 CITY OF FOWLER ACCTPA21
TIME: 12:02:09 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39863' and '39925' ACCOUNTING PERIOD: 1/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 0.00 119.14
1001 39910 07/27/22 11091 HI TECH EVS INC AMER LAF 6130 PUMP TEST 0.00 295.00 1001 39911 07/27/22 14238 INFOSEND, INC 6400 FLYER-REC 0.00 349.29 1001 39911 07/27/22 14238 INFOSEND, INC 5000 UB BILLING/PROGRAM C 0.00 496.59 1001 39911 07/27/22 14238 INFOSEND, INC 5000 UB BILLING 6-3-22 0.00 864.73 1001 39911 07/27/22 14238 INFOSEND, INC 5000 UB BILLING 7/1/22 0.00 905.64 TOTAL CHECK 0.00 2,616.25
1001 39912 07/27/22 10169 JORGENSEN & CO 6130 FIRE EXTINGUISHER 0.00 46.10 1001 39912 07/27/22 10169 JORGENSEN & CO 6130 FIRE EXTINGUISHER 0.00 250.73 TOTAL CHECK 0.00 296.83
1001 39913 07/27/22 14537 LINDE GAS & EQUIPMENT 6130 SUPPLIES 0.00 101.67 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 21.00 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 42.00 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 42.00 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 84.00 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 160.20 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 378.00 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 483.00 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 1,701.00 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 3,024.00 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 3,192.00 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 4,452.00 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 5,498.63 1001 39914 07/27/22 10194 LOZANO SMITH 6060 LEGAL SERVICES 0.00 9,416.80 TOTAL CHECK 0.00 28,494.63
1001 39915 07/27/22 10201 METRO UNIFORM & ACCESSOR 6130 UNIFORM 0.00 71.81 1001 39915 07/27/22 10201 METRO UNIFORM & ACCESSOR 6130 UNIFORM-GALARZA 0.00 409.69 TOTAL CHECK 0.00 481.50
1001 39916 07/27/22 11195 ROBERT V JENSEN INC 6130 FUEL-HERNANDEZ 0.00 303.07 1001 39917 07/27/22 14330 B&P PEST PROS 6020 PEST CONTROL 7.20.22 0.00 90.00 1001 39917 07/27/22 14330 B&P PEST PROS 6130 PEST CONTROL 7.20.22 0.00 95.00 1001 39917 07/27/22 14330 B&P PEST PROS 6700 PEST CONTROL 7.20.22 0.00 95.00 TOTAL CHECK 0.00 280.00
1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 6260 HEALTH BENEFTS AUG22 0.00 384.45 1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 6130 HEALTH BENEFTS AUG22 0.00 572.30 1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 6400 HEALTH BENEFTS AUG22 0.00 768.90 1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 6700 HEALTH BENEFTS AUG22 0.00 768.90 1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 6025 HEALTH BENEFTS AUG22 0.00 797.72 1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 6030 HEALTH BENEFTS AUG22 0.00 1,269.81 1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 6020 HEALTH BENEFTS AUG22 0.00 1,445.16 1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 6160 HEALTH BENEFTS AUG22 0.00 1,502.80 1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 6150 HEALTH BENEFTS AUG22 0.00 1,753.23 1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 100 HEALTH BENEFTS AUG22 0.00 2,386.40 SUPERION PAGE NUMBER: 5
DATE: 07/28/2022 CITY OF FOWLER ACCTPA21
TIME: 12:02:09 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39863' and '39925' ACCOUNTING PERIOD: 1/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 6200 HEALTH BENEFTS AUG22 0.00 4,334.16 1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 5000 HEALTH BENEFTS AUG22 0.00 7,087.97 1001 39918 07/27/22 13496 KEENAN & ASSOCIATES 6120 HEALTH BENEFTS AUG22 0.00 11,869.30 TOTAL CHECK 0.00 34,941.10
1001 39919 07/27/22 10965 LAFCO 6150 ANNUAL FEES-22/23 0.00 1,545.94 1001 39920 07/27/22 10237 P G & E - SACRAMENTO 6200 WALTER/FRESNO 7/15/22 0.00 12.96 1001 39920 07/27/22 10237 P G & E - SACRAMENTO 6200 TRACT 5834 7/15/22 0.00 44.91 1001 39920 07/27/22 10237 P G & E - SACRAMENTO 6200 TRACT 5212 7/15/22 0.00 94.17 1001 39920 07/27/22 10237 P G & E - SACRAMENTO 6200 T5088 7/15/22 0.00 146.90 1001 39920 07/27/22 10237 P G & E - SACRAMENTO 6200 TRACT 5198 7/15/22 0.00 153.54 TOTAL CHECK 0.00 452.48
1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 6260 DENTAL BENEFTS AUG 22 0.00 -346.26 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 8500 DENTAL BENEFTS AUG 22 0.00 6.57 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 6400 DENTAL BENEFTS AUG 22 0.00 33.18 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 6700 DENTAL BENEFTS AUG 22 0.00 33.18 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 6025 DENTAL BENEFTS AUG 22 0.00 36.50 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 6030 DENTAL BENEFTS AUG 22 0.00 63.09 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 6020 DENTAL BENEFTS AUG 22 0.00 84.25 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 6150 DENTAL BENEFTS AUG 22 0.00 86.25 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 6260 DENTAL BENEFTS AUG 22 0.00 132.72 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 6160 DENTAL BENEFTS AUG 22 0.00 185.79 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 5000 DENTAL BENEFTS AUG 22 0.00 274.02 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 6200 DENTAL BENEFTS AUG 22 0.00 368.28 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 6120 DENTAL BENEFTS AUG 22 0.00 852.69 1001 39921 07/27/22 13647 SUN LIFE FINANCIAL 100 DENTAL BENEFTS AUG 22 0.00 1,270.13 TOTAL CHECK 0.00 3,080.39
1001 39922 07/27/22 10665 TAPCO, INC 6200 REPAIRS STOP SIGN 0.00 1,709.63 1001 39923 07/27/22 13543 UNIFIRST CORPORATION 6020 MATS/MOPS-ADMIN 0.00 62.10 1001 39923 07/27/22 13543 UNIFIRST CORPORATION 6130 MATS/MOPS-FIRE 0.00 73.13 TOTAL CHECK 0.00 135.23
1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 8500 VISION BENFTS AUG 22 0.00 1.77 1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 6025 VISION BENFTS AUG 22 0.00 4.93 1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 6400 VISION BENFTS AUG 22 0.00 9.85 1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 6700 VISION BENFTS AUG 22 0.00 9.85 1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 6150 VISION BENFTS AUG 22 0.00 12.80 1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 6030 VISION BENFTS AUG 22 0.00 22.84 1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 6260 VISION BENFTS AUG 22 0.00 29.54 1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 6160 VISION BENFTS AUG 22 0.00 34.46 1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 6020 VISION BENFTS AUG 22 0.00 44.30 1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 5000 VISION BENFTS AUG 22 0.00 105.35 1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 6200 VISION BENFTS AUG 22 0.00 137.83 1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 6120 VISION BENFTS AUG 22 0.00 236.30 1001 39924 07/27/22 11335 VISION SERVICE PLAN - (C 100 VISION BENFTS AUG 22 0.00 264.63 TOTAL CHECK 0.00 914.45
1001 39925 07/27/22 14290 XEROX FINANCIAL SERVICES 6150 LEASE 5/25-6/24 0.00 82.21 SUPERION PAGE NUMBER: 6
DATE: 07/28/2022 CITY OF FOWLER ACCTPA21
TIME: 12:02:09 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39863' and '39925' ACCOUNTING PERIOD: 1/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39925 07/27/22 14290 XEROX FINANCIAL SERVICES 6160 LEASE 5/25-6/24 0.00 82.21 1001 39925 07/27/22 14290 XEROX FINANCIAL SERVICES 6200 LEASE 5/25-6/24 0.00 164.41 1001 39925 07/27/22 14290 XEROX FINANCIAL SERVICES 6020 LEASE 5/25-6/24 0.00 383.63 1001 39925 07/27/22 14290 XEROX FINANCIAL SERVICES 6120 LEASE 5/25-6/24 0.00 383.63 TOTAL CHECK 0.00 1,096.09
TOTAL CASH ACCOUNT 0.00 347,762.48
TOTAL FUND 0.00 347,762.48
SUPERION PAGE NUMBER: 7
DATE: 07/28/2022 CITY OF FOWLER ACCTPA21
TIME: 12:02:09 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39863' and '39925' ACCOUNTING PERIOD: 1/23
FUND - 212 - ARPA FUNDING

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39876 07/21/22 14668 R.L. FRIEND CONSTRUCTION 2120 WATER METER REPLAC 0.00 31,788.14 TOTAL CASH ACCOUNT 0.00 31,788.14
TOTAL FUND 0.00 31,788.14
SUPERION PAGE NUMBER: 8
DATE: 07/28/2022 CITY OF FOWLER ACCTPA21
TIME: 12:02:09 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39863' and '39925' ACCOUNTING PERIOD: 1/23
FUND - 503 - TCP FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39908 07/21/22 13655 PROVOST & PRITCHARD 5030 TCP DESIGN 0.00 13,485.60 TOTAL CASH ACCOUNT 0.00 13,485.60
TOTAL FUND 0.00 13,485.60
TOTAL REPORT 0.00 393,036.22

MINUTES OF THE FOWLER CITY COUNCIL MEETING

SPECIAL MEETING
Tuesday, July 19, 2022
Mayor Pro-Tem Rodriquez called the meeting to order at 6:00 p.m.

3. Ceremonial Presentation (Police)
Sergeant Duron’s wife was presented with a posthumous Officer of the Year award. 3-A. Swearing-In and Promotion of Officers
Officer Macias, Officer Salas, and Sergeant Sorondo were sworn in. Officer Yang was promoted to Sergeant.
3-B. Commendations
Officer Haro, Officer Kulow, and Sergeant Yang received commendations.

4. ADJOURNMENT
Having no further business, the meeting adjourned at 6:33 p.m. 7-B
1 MINUTES OF THE FOWLER CITY COUNCIL MEETING
Tuesday July 19, 2022
Mayor Pro-Tem Rodriquez called the meeting to order at 7:02 p.m.

Councilmembers Present: Rodriquez, Kazarian, Mejia, Parra City Staff Present: City Manager Tucker, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Community Development Director Gaffery, Recreation Supervisor Hernandez, City Planner Marple, Finance Director Moreno, Deputy City Clerk Vasquez
Councilmember Parra made a motion to move Item 5-Ci to the next council meeting, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Parra, Mejia, Kazarian, Rodriquez.

5. GENERAL ADMINISTRATION
5-A. City Manager’s Office
i. APPROVE an Agreement for Fire Protection Services with Fresno County Fire Protection District for July 21, 2022 through June 30, 2025 in the amount of $675,000 with annual escalations
Councilmember Mejia made a motion to APPROVE an Agreement for Fire Protection Services with Fresno County Fire Protection District for July 21, 2022 through June 30, 2025 in the amount of $675,000 with annual escalations, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Mejia, Parra, Rodriquez; Noes: Kazarian 5-B. Planning
i. WORKSHOP on an Economic Development Administration grant Staff was directed to move forward with the Economic Development Administration grant application as presented
ii. INTRODUCTION of Ordinance 2022-05 amending Title 4, Chapter 4, Article 2 of the Fowler Municipal Code regarding the parking of vehicles, towing of parked vehicles, and parking citations; and the repeal of Title 4, Chapter 4, Article 5 regarding trains (Item to be continued to August 2, 2022 City Council meeting)
Councilmember Kazarian made a motion to move Item 5B-ii to the August 2, 2022 City Council meeting, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Kazarian, Parra, Mejia, Rodriquez 7-C
2 5-C. City Council
i. APPROVE Resolution No. 2578, a Resolution of the City Council of the City of Fowler calling for and giving notice of the holding of a Special Municipal Election to be consolidated with the regularly scheduled general municipal election to be held on November 8, 2022, to present to voters a measure to adopt an ordinance enacting a 0.275% special transactions and use tax increase; requesting consolidation thereof with the statewide general election to be held on the same date; requesting that the Fresno County Board of Supervisors authorize the Fresno County Clerk to render specified services to the City of Fowler relating to the conduct of the Special Municipal Election; and approving the proposed ballot measure description.

This item will be moved to the next council meeting.

6. PUBLIC COMMENT
No members of the public spoke.

7. CONSENT CALENDAR
Councilmember Parra made a motion to approve the consent calendar, seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Parra, Kazarian, Mejia, Rodriquez

8. CONTESTED CONSENT CALENDAR
N/A

9. STAFF COMMUNICATIONS (CITY MANAGER)
• Updates were provided by City Manager Tucker, Deputy City Clerk Vasquez, Community Development Director Gaffery, Police Chief Alcaraz, and Public Works Director Dominguez.

10. COUNCILMEMBER REPORTS AND COMMENTS
• An update was provided by Councilmember Parra.
• Councilmember Mejia had a question for the Public Works Department regarding streetlights.
3 11. CLOSED SESSION
No reportable action was taken on any of the three items.

12. ADJOURNMENT
Having no further business, the meeting adjourned at 9:47 p.m.

MINUTES OF THE FOWLER CITY COUNCIL MEETING

SPECIAL MEETING
Monday, July 25, 2022
Mayor Pro-Tem Rodriquez called the meeting to order at 6:00 p.m.

3. GENERAL ADMINISTRATION
3-A. City Manager’s Office
i. APPOINT Michael S. Reid as Chief of Police effective August 3, 2022, subject to the City Council’s consideration of conditions of employment at its next regular meeting
Councilmember Parra made a motion to APPOINT Michael S. Reid as Chief of Police effective August 3, 2022, subject to the City Council’s consideration of conditions of employment at its next regular meeting, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Parra, Mejia, Rodriquez; Noes: Kazarian

4. ADJOURNMENT
Having no further business, the meeting adjourned at 6:41 p.m. 7-D

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-E

REPORT TO THE CITY COUNCIL
August 2, 2022
FROM SCOTT CROSS, City Attorney

SUBJECT
APPROVE Resolution No. 2581, A Resolution of the City Council of the City of Fowler Authorizing Continued Use of Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared Stare of Emergency in Accordance with Government Code Section 54953 as amended by AB 361

RECOMMENDATION
Approve Resolution No. 2581 if the City Council makes the findings required by Government Code Section 54953(e)(3) to continue to allow City Council members to attend City Council meetings via remote teleconferencing without following typical Brown Act requirements for teleconference participation by City Council members at City Council meetings. The Resolution also authorizes the City’s other commissions to continue meeting remotely for as long as the City Council authorizes.

BACKGROUND
The City Council approved Resolution No. 2522 on October 19, 2021, authorizing remote teleconferencing for City Council and City commission meetings in accordance with Government Code Section 54953 as amended by AB 361 during the COVID-19 declared emergency. To continue with the “relaxed” remote teleconferencing for City Council and other commission meetings Government Code Section 54953 requires the City Council to make findings every 30 days that (1) it has reconsidered the circumstances of the state of emergency, and either (a) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (b) state or local officials continue to impose or recommend measures to promote social distancing.

APPROVE Resolution No. 2581
August 2, 2022

Page 2 ends

Fowler City Council meetings are currently conducted in a manner that allows the public and Council members to attend in person or via teleconference in compliance with applicable legal requirements.

Approving this resolution would not change the way members of the public are allowed to participate in meetings (both in-person and teleconference attendance is allowed) and would also allow City Council members to continue to attend meetings via teleconference, if desired, without complying with the typical Brown Act requirements for teleconferencing attendance at City Council meetings.

The proclaimed COVID-19 emergency is still in effect and there may be occasions when the proclaimed emergency directly impacts the ability of members of the public or Council members to meet safely in person. Also, some state and local officials continue to recommend measures to promote social distancing. As a result, the necessary findings can be made, if desired, to continue with remote teleconferencing for City Council and other commission meetings. These findings must be made every 30 days to continue with the relaxed Brown Act teleconference requirements.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
No fiscal impact is anticipated whether this Resolution is approved or not.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2581
RESOLUTION NO. 2581

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

AUTHORIZING CONTINUED USE OF REMOTE TELECONFERENCING FOR CITY

COUNCIL MEETINGS AND COMMISSION MEETINGS DURING DECLARED

STATE OF EMERGENCY IN ACCORANCE WITH GOVENRMENT CODE SECTION 54953 AS AMENDED BY AB 361
WHEREAS, on March 4, 2020, the Governor of California declared a state of emergency in the State as a result of the COVID-19 pandemic; and
WHEREAS, pursuant to Resolution 2461, approved by the Fowler City Council on March 17, 2020, the City Council declared a local emergency as a result of the threatened spread of COVID-19 in the City, surrounding areas, and the state; and WHEREAS, on March 17, 2020, with the issuance of Executive Order N-29-20, the Governor suspended certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other remote means; and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies to meet remotely; and WHEREAS, AB 361 was enacted on September 16, 2021, enacting certain changes to the Brown Act for teleconferencing and remote participation at public meetings as set forth in Government Code Section 54953; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, has not been rescinded and remains in effect; and
WHEREAS, the City Council has determined that teleconferencing from remote locations by the public and City Council members has not limited participation of members of the public, Council members, or other attendees at City Council or other City commission meetings; and WHEREAS, on October 19, 2021, the City Council approved Resolution No. 2522 authorizing remote teleconferencing for City Council and City commission meetings in accordance with Government Code Section 54953 as amended by AB 361; and WHEREAS, Government Code Section 54953, as amended by AB 361, requires the City Council to make certain findings every 30 days after approving Resolution No. 2522 in order to continue with remote teleconferencing.

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

1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency and finds that the following circumstances exist:

A. The state of emergency continues to directly impact the ability of members of the public, City Council members, and members of other City commissions to meet safely in person; and
B. State or local officials continue to recommend measures to promote social distancing.

2. This Resolution shall be effective immediately and a similar resolution shall be a standing item on City Council meeting agendas each month to reconsider the circumstances of the COVID19 state of emergency and determine whether the state of emergency continues to directly impact the ability of members of the public, City Council members, and members of other City commissions to meet safely in person, or whether state or local officials continue to impose or recommend measures to promote social distancing, until the necessary findings required for continuing remote teleconferencing are no longer approved by the City Council.

PASSED, APPROVED AND ADOPTED this 2nd day of August 2022, at a meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Mark Rodriquez, Mayor Pro-Tem
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
7-F

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-G

REPORT TO THE CITY COUNCIL
August 2, 2022
FROM MARGARITA MORENO, Finance Director

SUBJECT
Actions pertaining to Fresno County Fire Protection Services Agreement 1) APPROVE Resolution No. 2582 amending the 2022-2023 Adopted Budget to reflect a budget amendment for fire protection services.

RECOMMENDATION
Staff recommend the City Council approve a resolution amending the 2022-2023 Adopted Budget to reflect the agreement with Fresno County Fire Protection District for fire protection services.

BACKGROUND
On July 19, 2022 council meeting, the fire protection services agreement with Fresno County Fire Protection District was approved by City Council in the amount of $675,000 with annual escalations.

As the agreement indicates, the District will invoice the City for 50% of the annual fee in July and January. The City shall pay the invoice within thirty (30) days after the receipt thereof.

Staff reviewed the 2022-23 Adopted Budget and recommend the $675,000 year one payment be allocated from Utility Users Tax (UUT), Measure N, and the Fire Department General Fund as follows.

Both UUT and Measure N funds have unaudited reserves sufficient to support this expense. The attached budget amendment reflects a transfer from UUT and Measure N reserves. The Fire Department General Fund 2022-23 Adopted Budget has sufficient total allocation for this expense.

Approve budget amendment for fire protection service
August 2, 2022

Page 2 ends

$200,000 UUT
$275,000 Measure N
$200,000 General Fund

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
The appropriation of General Fund, Measure N, and Utility Users Tax revenues to fund this contract will not adversely impact existing City funds, operations, or budgeted programs and projects.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2582
RESOLUTION NO. 2582

A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER

APPROVING AND ADOPTING THE BUDGET AMENDMENT FOR FIRE PROTECTION SERVICES FOR FISCAL YEAR 2022/2023
WHEREAS, the FY 2022/2023 Annual Budget reflects the City of Fowler’s ongoing commitment to providing core services; and
WHEREAS, the FY 2022/2023 Annual Budget was approved by the City Council on June 7, 2022, by Resolution 2563, and any subsequent amendments must be approved by Resolution; and
WHEREAS, the budget amendment request attached hereto specifies the details of the proposed fire protection services budget amendment.

NOW, THEREFORE, BE IT RESOLVED, the Fowler City Council hereby resolves that the FY 2022/2023 budget be amended to reflect Fire Protection Services appropriations as described in the attachment hereto.

PASSED, APPROVED AND ADOPTED this 2nd day of August 2022, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Mark Rodriquez, Mayor Pro-tem
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
Requested by: Margarita Moreno Budget Amounts
Account Numbers: Fund Name Description Increase Decrease Revenues:

Appropriations:

UUT-PROFESSIONAL SERVICES

MEAS N-PROFESSIONAL SERVICES
$200,000
$275,000
2000-5220
5010-5220
Reason(s) for Budget Amendment:

To align the expenses to the FY 2022/2023 budget, staff is requesting budget amendments to the following funds for fire protection services.

Department Director ________________________________ Date __________________ Approval Required Budget Amendment:

Finance Director __________________________ Date __________________ Signature
City Manager ___________________________________ Date __________________ Signature
City Council: Approved Resolution #_______ Denied Date _______________

REQUEST FOR BUDGET AMENDMENT
Resolution 2582

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-H

REPORT TO THE CITY COUNCIL
August 2, 2022
FROM MARGARITA MORENO, Finance Director

SUBJECT
ACCEPT Credit Card Usage Report for January 1 through June 30, 2022.

RECOMMENDATION
Staff recommend the City Council accept the Credit Card Usage Report for January 1, 2022 through June 30, 2022.

BACKGROUND
Council Resolution No. 2363 requires the Finance Director to provide City Council a report on credit card usage with the annual and mid-year financial reports. The attached report provides credit card usage by employee and details the expenses. Credit card expenses are submitted monthly by the responsible employee. All credit card expenses are approved by the Finance Director and reviewed by the City Manager.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
Credit card expenses are posted to the appropriate department or fund’s operating budget.

Credit Card Usage Report
August 2, 2022

Page 2 ends

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Credit Card Usage Report

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-I

REPORT TO THE CITY COUNCIL
August 2, 2022
FROM THOMAS W. GAFFERY IV, Community Development Director

SUBJECT
ADOPT an Ordinance amending Title 3, Chapter 1, of the Fowler Municipal Code regarding business licenses

RECOMMENDATION
Staff recommend the City Council adopt an Ordinance amending Title 3, Chapter 1, of the Fowler Municipal Code regarding business licenses.

BACKGROUND
This item was introduced at the June 21, 2022 City Council meeting.

The current sections of the Fowler Municipal Code related to business licenses need revisions for clarity, simplicity, and compliance with State Law. In addition, the fee structure for business licenses is incomplete and confusing.

The proposed amendment include:
• Clarified definitions, removal of redundancies, simplification to ease readability; and • Brings the Code for exempt business licenses into consistency with State Law; and • Delegates the business license responsibilities to the City Manager or designee to align the Code with current practice; and
• Transitions the few quarterly business licenses to annual business licenses, for consistency; and • Makes the appeal process consistent with other parts of the Code; and Adoption of an Ordinance amending Title 3, Chapter 1, of the Fowler Municipal Code August 2, 2022

Page 2 ends

• Transitions the business license fees to adoption by resolution as opposed to ordinance, for consistence with other City fee adoption practices.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
Staff do not anticipate any fiscal impact due to this ordinance.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Ordinance 2022-04

Page 1 of 22 ends

ORDINANCE 2022-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING TITLE 3, CHAPTER 1, OF THE FOWLER MUNICIPAL CODE REGARDING

BUSINESS LICENSES
WHEREAS, the licensing of businesses within the City of Fowler is authorized by State Law; and
WHEREAS, revisions to the Fowler Municipal Code are necessary for clarity, simplicity, and compliance with State Law; and
WHEREAS, the fees structure for business licenses is currently incomplete and confusing; and
WHEREAS, successful business activity is essential for a thriving community.

THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS:

SECTION 1: Title 3, Chapter 1 of the Fowler Municipal Code is hereby amended to read:

Article 1. - General Provisions
3-1.101 - Licenses required.

For the purpose of raising revenue for the City, every person conducting, carrying on, or engaging in any business within the City shall pay a fee to the City as set forth in this chapter.
"Person" shall mean and include all domestic and foreign corporations, associations, syndicates, joint stock companies or corporations, partnerships, clubs, Massachusetts business or common law trusts, societies, and individuals. "Business" shall mean and include all professions, trades, occupations, and all and every kind of endeavor or calling carried on for profit or livelihood.

Page 2 of 22 ends

"Amusement machine" shall mean a mechanical, electric, electronic, or video machine used for a person's enjoyment.
“City Manager” shall mean the City Manager for the City of Fowler, or a designee.

The provisions of this chapter are enacted to raise revenue and for the regulation of certain businesses as provided in this chapter
3-1.103 - Applications.

Every person required to have a license under this chapter shall make an application with all the information necessary therefor to the City Clerk. In addition, every person requesting a license to sell concealable firearms shall also make an application with all the information necessary therefor to the Fowler Police Department. 3-1.104 - License form and issuance.

Upon a due submission of an application and the payment of the prescribed license fees, the City Clerk Manager or designee shall issue a license which shall contain:
(a) The name of the person to whom the license is issued; (b) The business licensed;
(c) The place where such business is to be transacted and carried on; (d) The date of the expiration of such license;
(e) The statement "This license is issued without verification that the licensee is subject to or exempt from licensing by the State of California"; and

Page 3 of 22 ends

(f) Such other information as may be necessary for the enforcement of the provisions of this chapter.
3-1.107 - Renewal.

Repealed in its entirety. In all cases the applicant for the renewal of the license required by the provisions of this chapter shall submit to the City Clerk, for the guidance of the City Clerk in ascertaining the amount of the license fee to be paid by the applicant, a written statement, upon a form provided by the City Clerk, sworn to before a person authorized to administer oaths, setting forth such information concerning the business of the applicant during the next preceding year or quarter as may be required by the City Clerk to enable the City Clerk to ascertain the amount of the license fee to be paid by the applicant pursuant to the provisions of this chapter. No renewal license shall be issued unless all prior license fees due from such person or business shall have first been paid. 3-1.108 - Duplicate licenses.

Repealed in its entirety. A duplicate license may be issued by the City Clerk to replace any license previously issued pursuant to the provisions of this chapter, which license has been lost or destroyed, upon the licensee filing an affidavit attesting to such fact and paying to the City Clerk a duplicate license fee as established by Council resolution. 3-1.109- Posting of licenses.
(a) All licenses issued pursuant to the provisions of this chapter shall be posted and kept in the following manner:

Page 4 of 22 ends

(1) Any licensee transacting and carrying on business at a fixed place of business in the City shall keep the license posted in a convenient and conspicuous place upon the premises where such business is carried on. (2) Any licensee transacting arid carrying on a business, but not operating at a fixed place of business in the City, shall keep the license upon his their person at all times while transacting and carrying on such business. (b) Failure to display. It is unlawful for any person who willfully fails to exhibit a business license certificate issued in accordance with this chapter, upon demand from any City official. Violation of this provision is subject to the penalty provisions of this chapter.
3-1.110 - Statements: Effect and confidentiality.
(a) If any person required to file a statement by this chapter fails to do so, such person shall be required to pay a license fee at the maximum rate prescribed in this chapter for such business and shall be guilty of a violation of this chapter as provided in this chapter.
(b) No statement required by this chapter shall be conclusive upon the City or its officers as to matters set forth therein; nor shall the filing thereof preclude the City from auditing or collecting such sums as are actually due and payable pursuant to the provisions of this chapter.
(c) All personal information or personal finance data provided to the City statements filed pursuant to this chapter shall be and remain confidential in nature and not subject to public inspection. The City Clerk shall retain custody thereof, and the

Page 5 of 22 ends

same shall not be disclosed to other officials except in the performance of their duties under this chapter.
3-1.111 - Statements: Failure to file, determination of fees, notices, and hearings. (a) Failure to file or correct: Determinations. If any person shall fail to file any required statement within the time prescribed, or if, after demand therefor made by the City Manager Clerk, any person shall fail to file a corrected statement, the City Manager Clerk may determine the amount of license fee due from such person by means of such information as the City Manager Clerk may be able to obtain.
(b) Determinations: Notices. If such a determination is made, the City Manager Clerk shall give a notice of the amount so assessed by serving the notice personally or by depositing the notice in the United States Post Office at Fowler, California, postage prepaid, addressed to the person so assessed at his their last known address.
(c) Hearings: Applications. Such person, within ten (10) days after the mailing observing of such notice, may make an application in writing to the City Manager Clerk for a hearing on the amount of the license fee. If such an application is not made within the time prescribed, the City Manager Clerk shall cause the matter to be set for a hearing before the Council within fifteen (15) days. (d) Hearings: Notices. The City Manager Clerk shall give at least ten (10) days' notice to such person of the time and place of the hearing in the manner set forth in this section for the service of notices of assessment.

Page 6 of 22 ends

(e) Hearings: Findings. The Council shall consider all evidence produced and shall make written notice of its findings thereon, which shall be final. (f) Findings: Notices. A notice of such findings shall be served upon the applicant in the manner set forth in this section for the service of notices of assessment. 3-1.112 - Statements: Extensions.

The City Manager Clerk shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days and in such case to waive any penalty which would otherwise have accrued. The City Manager Clerk shall have the further power, with the consent of the Council, to compromise any claim as to the amount of the license fee due.
3-1.113 - Business records.

All persons doing business within the City shall at all times maintain and keep such books or reports as will enable them to easily and readily furnish such information to the City Clerk as required in order to enforce and collect the license fees required to be paid pursuant to the provisions of this chapter.
3-1.115 - Fees: Due dates.

All license fees required by the provisions of this chapter shall be payable in advance. as follows:
(a) Annual license fees, on January 1 of each year.;

Page 7 of 22 ends

(b) Quarterly license fees, on January 1, April 1, July 1, and October 1 of each year; and
(c) (b) Daily license fees, each day in advance.

All license fees shall be payable in advance on the due date, in lawful money of the United States, at the office of the City Clerk.
3-1.116 - Delinquencies: Penalties.
(a) Annual license fees. Every annual license fee which is not paid within a period of thirty (30) days after its due date the time such annual license fee becomes due and payable shall be subject to declared to be delinquent, and the City Clerk shall thereupon add to such license fee and collect a penalty fee of ten (10%) percent of the license fee so delinquent as set by Council Resolution. If such license fee is not paid within sixty (60) days after its due date the time such license fee becomes due and payable, an additional sum of fifteen (15%) percent of such license fee shall be added to such license fee and collected as a penalty fee shall be collected as set by Council Resolution.
(b) Repealed in its entirety. Quarterly license fees. Every quarterly license fee which is not paid within a period of ten (10) days after the time such license fee becomes due and payable shall be declared to be delinquent, and the City Clerk shall thereupon add to such license fee and collect a penalty of ten (10%) percent of the license fee so delinquent. If such license fee is not paid within twenty (20) days after the time such license fee becomes due and payable, an additional sum of

Page 8 of 22 ends

fifteen (15%) percent of such license fee shall be added to such license fee and collected as a penalty.
(c) Daily license fees. Every daily license fee which is not paid at the close of business on the day such license fee was due shall be subject to a penalty fee as set by Council Resolution and payable shall be declared to be delinquent, and the City Clerk shall thereupon add to such license fee and collect a penalty of ten (10%) percent of such fee so delinquent. If such license fee is not paid within two (2) days after the time such license fee becomes due and payable, an additional sum of fifteen (15%) percent of such license fee shall be added to such license fee and collected as a penalty.
3-1.117 - Collection and attorneys' fees.

The amount of any license fee and penalty imposed by the provisions of this chapter shall be deemed a debt to the City. It shall be unlawful for any Any person carrying on any business without first having procured a license from the City. so to To do shall make the business owner be liable to an action in the name of the City in any court of competent jurisdiction for the amount of the license fee and penalties imposed on such business pursuant to this chapter. In addition, there shall be imposed the costs of collection, including reasonable attorney fees to the prevailing party, in any such action. 3-1.119 - Enforcement.
(a) Duties of the City Manager Clerk and Chief of Police. It shall be the duty of the City Clerk Manager to enforce each and all of the provisions of this chapter. The City Manager shall have the authority to delegate all provisions of this chapter to

Page 9 of 22 ends

appropriate staff., and the Chief of Police shall render such assistance in such enforcement as from time to time may be required by the City Clerk and/or the Council.
(b) Inspections. The City Manager Clerk, in the exercise of the duties imposed upon him by the provisions of this section, and acting through his deputies or duly authorized assistants, shall examine, or cause to be examined, all places of business in the City to ascertain whether the provisions of this chapter are being complied with.
(c) Right of entry. The City Clerk and each and all of his assistants, and any police officer, shall have the power and authority to enter, free of charge, and at any reasonable rime time, any place of business required by the provisions of this chapter to be licensed and demand an exhibition of the license certificate. (d) Repealed in its entirety. Failure to comply. Any person having such license certificate theretofore issued in his possession or tinder his control, and who willfully fails to exhibit such license upon demand, shall be guilty of a misdemeanor and subject to the penalty provisions of this chapter. It shall be the duty of the City Clerk and each of his assistants to cause a complaint to be filed against any and all persons found to be violating any of the provisions of this chapter.
3-1.120 - Unlisted businesses: Minimum license fees.
(a) Any business which is not specifically listed by this chapter may be assessed a fee established for a similar type of business which is listed in this chapter. The City

Page 10 of 22 ends

Manager Clerk shall make the determination, subject to appeal to the Council as provided in this article.
(b) If any business is unlisted and cannot be reasonably classified as set forth in subsection (a) of this section, then such business shall pay a minimum license fee as established by resolution.
3-1.121 - Appeals.
(a) Filing. Any person aggrieved by any decision of an administrative officer or agency a City official or employee with respect to the issuance or refusal to issue the license approval, denial, revocation, or suspension of a business license as required by the provisions of this chapter, may appeal to this decision in accordance with the procedures set forth in Fowler Municipal Code section 5-

22.201, et seq. the Council by filing a notice of appeal with the City Clerk. (b) Repealed in its entirety. Hearings: Time: Place. The Council shall thereupon fix a time and place for hearing such appeal.
(c) Repealed in its entirety. Hearings: Notices. The City Clerk shall give a notice to such person of the time and place of the hearing by serving such notice personally or by depositing it in the United States Post Office at Fowler, California, postage prepaid, addressed to such person at his last known address.

Article 2. - Exemptions and Apportionment
3-1.201 - Exemptions: Charitable, religious, and educational activities. (a) Authorized. The provisions of this chapter shall not apply to any not-for-profit organization as described by California Business and Professions Code section

Page 11 of 22 ends

16000, subdivision (b). be deemed or construed to require the payment of a license fee to conduct, manage, or carry on any business, occupation, or activity by any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes, or from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation; nor shall any license fee be required for the conduct of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects within the City whenever the receipts from such entertainment, concert, exhibition, or lecture are to be appropriated to any church, or school, or for any religious or benevolent purpose; nor shall any license fee be required for the conduct of any entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, State, County, or municipal organization or association whenever the receipts from such entertainment, dance, concert, exhibition, or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation; provided, however, the provisions of this section shall not be deemed to exempt any such organization or association from complying with the provisions of any law of the City requiring a permit from the Council or any commission or officer to conduct, manage, or carry on any profession, trade, calling, or occupation. (b) Verified statements: Filing. Any person claiming an exemption pursuant to the provisions of this section shall file a verified statement with the City Clerk stating the facts upon which the exemption is claimed.

Page 12 of 22 ends

(c) Exempt licenses: Issuance. The City Clerk, upon a proper showing contained in the verified statement, shall issue a license to such person claiming an exemption pursuant to the provisions of this section without the payment to the City of the license fee required by the provisions of this chapter. (d) Exempt licenses: Revocation. The City Clerk may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption.
3-1.202- Exemptions: Disabled vVeterans.
(a) Authorized. Every honorably discharged soldier, sailor, marine, or coastguardsman of the United States, who is unable to earn a livelihood by manual labor, shall have the right to hawk, peddle, or vend goods, wares, and merchandise, except spirituous liquors, malt, vinous, or other intoxicating liquors, without the payment of any license fee whatsoever, and it is hereby made the duty of the City Clerk to issue a license therefor to such honorably discharged soldier, sailor, marine, or coastguardsman upon his producing his discharge and making proof of his disability. The provisions of this chapter shall not apply to any honorably discharged and/or disabled veteran as described by Business and Professions Code section 16001, 16001.5, 16001.7, and 16001.8, except for businesses involved in the sale of alcohol or tobacco products. (b) Verified statements: Filing. Any person claiming an exemption pursuant to the provisions of this section shall file a verified statement with the City Clerk stating the facts upon which the exemption is claimed.

Page 13 of 22 ends

(c) Exempt licenses: Issuance. The City Clerk, upon a proper showing contained in the verified statement, shall issue a license to such person claiming an exemption pursuant to the provisions of this section without the payment to the City of the license fee required by the provisions of this chapter. (d) Exempt licenses: Revocation. The City Clerk may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption.
3-1.203 - Exemptions: Federal and State law exemptions. (a) Authorized. The provisions of this chapter shall not be deemed or construed to apply to any person transacting or carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or the State from the payment to municipal corporations of such taxes as are set forth in this chapter. (b) Verified statements: Filing. Any person claiming an exemption pursuant to the provisions of this section shall file a verified statement with the City Clerk stating the facts upon which the exemption is claimed.
(c) Exempt licenses: Issuance. The City Clerk, upon a proper showing contained in the verified statement, shall issue a license to such person claiming an exemption pursuant to the provisions of this section without the payment to the City of the license fee required by the provisions of this chapter. (d) Exempt licenses: Revocation. The City Clerk may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption.

Page 14 of 22 ends

3-1.204 - Exemptions: Interstate and intercity apportionments. (a) None of the fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate or intercity commerce or be violative of the equal protection and due process clauses of the Constitutions of the United States and the State.
(b) When, by reason of the provisions of the Constitution of the United States or the Constitution of the State, the fees imposed by this chapter cannot be enforced without there being an apportionment according to the amount of business transacted and carried on in the City, the City Clerk may make such apportionment of the fee as is necessary or desirable to overcome the constitutional objections.
(c) In any case where a fee is believed by a certificate holder or an applicant for a certificate to place an undue burden upon interstate or intercity commerce or be violative of such constitutional clauses, he they may apply to the City Clerk for an adjustment of the fee. Such application may be made before, at, or within six (6) months after the payment of the prescribed fee. The applicant, by sworn statement and supporting testimony, shall show his method of business, the gross volume, or estimated gross volume, of business, and such other information as the City Clerk may deem necessary in order to determine the extent, if any, of such undue burden or violation. The City Clerk shall then conduct an investigation and, after having first obtained the written approval of the City Attorney, shall fix as the fee for the applicant an amount that is reasonable and nondiscriminatory or, if the fee

Page 15 of 22 ends

has already been paid, shall order a refund of the amount over and above the fee so fixed.

Article 3. - Fees Based on Gross Receipts
3-1.303 - Amounts due and businesses required to pay license fees based upon gross receipts.

Those businesses named in this article, or as identified and set forth by resolution of the Council, shall pay license fees in the amounts and pursuant to the provisions of this article as established by resolution of the Council. Those businesses named identified in this section, shall pay license fees based on gross receipts in the amounts, and pursuant to the provisions of this article as established by resolution of the Council. The only businesses subject to payment of license fees based upon gross receipts shall be:
(a) Laundry Equipment. Any business that is limited exclusively to renting, leasing, or operating laundry equipment, whether or not coin operated. This section shall not apply to coin-operated laundry equipment owned and operated by a retail establishment providing coin-operated laundry equipment for general use. (b) Coin-operated vending machines. Any business that is limited exclusively to renting, leasing, or operating coin-operated vending machines. 3-1.304 - Coin-operated vending machines.

Repealed in its entirety. The annual license fee for operating, maintaining, servicing, and furnishing all coin-operated vending machines shall be based on the entire gross receipts which are received from such activities conducted within the City.

Page 16 of 22 ends

One license may be issued to a business having several machines in different locations.

The license may be revoked as provided in this chapter upon the licensee's failure to provide adequate financial data upon which to determine the fees due.

Article 4. - Flat Rate Fees
3-1.401 - Enumerated.

Those businesses named in this article, or as identified and set forth by resolution of the Council, shall pay license fees based upon flat rates as Business license fees shall be established by resolution of the Council.

Annual Fee Retail Sales
$ 40.00 Air-conditioning sales and service

40.00 Appliance sales and service
140.00 Automobiles, new and used

40.00 Auto parts and accessories

40.00 Children's wear

40.00 Department and variety stores

40.00 Drapery shops

40.00 Equipment rentals

40.00 Farmer's co-ops

40.00 Farm equipment dealers

40.00 Feed, fuel, and ice dealers

40.00 Florists

40.00 Furniture stores, new and used

60.00 Hardware stores

40.00 Hobby shops

60.00 Jewelry stores

40.00 Liquor stores
120.00 Lumber companies

40.00 Men's and women's apparel, new and used

40.00 Motorcycle sales and repair

40.00 Nursery and garden supply

40.00 Paint, glass, and wallpaper stores

40.00 Pawnbrokers

40.00 Pet shops and grooming

40.00 Pump sales and repair

40.00 Radio and television sales

Page 17 of 22 ends

40.00 Rubber stamp stores

40.00 Service stations

40.00 Shoe stores

40.00 Sporting goods

40.00 Stained glass windows, lamps, and the like

40.00 Stamp and/or coin shops

40.00 Stationery and book stores

40.00 Tire sales and/or recapping

40.00 Tobacco shops, periodicals and magazines

40.00 Toy stores

40.00 Tractor sales and service

40.00 Trailer sales

40.00 Thrift shops

40.00 Video sales and rentals
Annual Fee Public Services
$ 40.00 Advertising counsel

40.00 Answering service

40.00 Barber and/or beauty salons
120.00 Billboard advertising

40.00 Collection agencies

40.00 Credit bureaus

40.00 Designers

40.00 Duplicating and/or mimeographing service

40.00 Funeral escort service

40.00 Furniture movers

40.00 Garage storage

40.00 Gymnasiums, health clubs, and/or spas

40.00 House moving

40.00 Income tax preparation

40.00 Interior decorators

40.00 Junk dealers

40.00 Landscape gardeners and/or architects

40.00 Laundromats, coin-operated

40.00 Laundry and/or dry cleaners

40.00 Locksmiths and keymakers

40.00 Newspaper publishers and printers

40.00 Public stenographers

40.00 Pest exterminators

40.00 Public scales

40.00 Sales promotion service

40.00 Sanitation companies and/or garbage collectors

40.00 Shoe shining

40.00 Studio photographers

40.00 Taxicabs and/or transit service

40.00 Taxidermists

Page 18 of 22 ends

40.00 Towing service

40.00 Telephone service

40.00 Travel agencies

40.00 Tree spraying service

40.00 Tree trimming and/or surgery

40.00 Trucking and hauling

40.00 Upholstery shops

40.00 Warehouse storage

40.00 Water softening service

40.00 Yard maintenance
Annual Fee Repair Services
$ 40.00 Automobile, truck, and/or tractor repair

40.00 Automobile wrecking

40.00 Bicycle repair

40.00 Boat repair

40.00 Electrical

40.00 Electroplating

40.00 Glass repair

40.00 Harness shops

40.00 Motorcycle repair

40.00 Plumbing and heating

40.00 Pump repair

40.00 Shoe repair
Annual Fee Training Facilities
$ 40.00 Barber schools

40.00 Beauty and/or cosmetology schools

40.00 Dancing schools

40.00 Music studios and/or instruction

40.00 Preschool nurseries
Annual Fee Medical Services
$ 40.00 Bacteriologists

40.00 Chemists or pharmacists

40.00 Chiropractors and/or osteopaths

40.00 Dental technicians

40.00 Dentists

40.00 Doctors of medicine or surgery
120.00 Hospitals

40.00 Nursing and convalescent homes

40.00 Oculists

40.00 Opticians

40.00 Optometrists

40.00 Radiologists

40.00 Retirement homes

Page 19 of 22 ends

40.00 X-ray technicians

40.00 Veterinarians
Annual Fee Professional Services
$ 40.00 Accountants

40.00 Appraisers

40.00 Architects

40.00 Assayers

40.00 Attorneys

40.00 Court reporters and/or public stenographers

40.00 Draftsmen
$ 40.00 Engineers, civil, mechanical, and the like

40.00 Funeral directors

40.00 Geologists

40.00 Insurance brokers

40.00 Private investigators and adjustors

40.00 Money lenders and/or brokers

40.00 Real estate brokers

40.00 Stock brokers

40.00 Surveyors
Annual Fee Commodity Processing
$120.00 Canneries
120.00 Cold storage lockers
120.00 Cotton gin compresses

40.00 Creameries and/or dairies
120.00 Frozen food processors
120.00 Fruit and produce brokers

40.00 Hatcheries

40.00 Honey processing

40.00 Paper converting
120.00 Poultry and/or meat processing and meat packers
120.00 Processing, storage, packing, and shipping plants Annual Fee Manufacturing
$ 120.00 Concrete pipe
120.00 Fabrication and/or assembly plants
Annual Fee Maintenance Services
$ 40.00 Car washes

40.00 Janitorial service

40.00 Towels, rugs, linens, and uniform service
Annual Fee Construction Services
$ 60.00 Building contractors

40.00 Cabinet shops

Page 20 of 22 ends

60.00 Concrete aggregate

60.00 Construction

60.00 Fire protection and/or sprinkler systems

40.00 Laminators
Annual Fee Food Outlets
$ 40.00 Bakeries

40.00 Bars

40.00 Coffee shops

40.00 Confectioneries

40.00 Food and beverage caterers

40.00 Convenience stores, groceries, supermarkets, and the like

40.00 Meat markets

40.00 Milk depots

40.00 Restaurants

40.00 Soft drink stands and/or drive-ins

40.00 Specialty foods
Annual Fee Delivery Service from Outside the City Limits $ 20.00 Once per week or less

40.00 Twice per week or less

60.00 More than twice per week
Daily Fee Entertainment
$ 10.00 Theatrical and/or musical productions

10.00 Shooting galleries

10.00 Merry-go-rounds and similar riding devices

10.00 Boxing and wrestling matches and exhibitions

10.00 Circuses and carnivals
120.00 Movie theaters

60.00 Bowling alleys

60.00 Billiards and/or pool halls
Solicitors and Peddlers
The following categories shall be charged Ten and no/100ths ($10.00) Dollars per day for each person involved with direct contact of the public:

Itinerant vendors
Magazine sales (permitted in nonresidential areas only) Transient photographers
Handbill distribution
Gifts and Novelties
The following categories shall be charged Ten and no/100ths ($10.00) Dollars per day for each person involved with direct contact of the public:

Parade vendors

Page 21 of 22 ends

Annual Fee Door-To-Door Sales (on a regular basis)
$ 40.00 Amway sales

40.00 Cosmetic sales

40.00 Household commodities
Quarterly Fee Seasonal Businesses
$ 25.00 Christmas tree sales

25.00 Fireworks sales

10.00 Ice cream trucks
Annual Fee Miscellaneous
$ 300.00 Fortune telling, palmistry, clairvoyants, mediums, astrologers, and street fakirs

40.00 Drugless practitioners

40.00 Arts and crafts shows and boutiques

40.00 Party service
120.00 Swap meets
No charge Yard sales (no more than two (2) per year)
3-1.402 - Amusement machines and jukeboxes.

Repealed in its entirety.
(a) "Amusement machine" shall mean a mechanical, electric, electronic, or video machine used for a person's enjoyment.
(b) "Jukebox" shall mean a mechanical or electrical machine which plays tapes or records for a person's listening enjoyment.
(c) The license fee for each such machine, whether, kept or placed in connection with another business, shall be established by resolution.

Article 6. - Violations: Penalties
3-1.602 - Penalties.

Page 22 of 22 ends

Any person violating any of the provisions of this chapter, or knowingly or and intentionally misrepresenting to any officer or employee of the City any material fact in procuring the license or permit provided for by this chapter, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

SECTION 2. The City Council has determined that the Project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).

SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 4. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.

The foregoing ordinance was introduced at a regular meeting of the City Council held on June 21, 2022, and was adopted at a regular meeting of said Council held on August 2, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Mark Rodriquez, Mayor Pro-Tem
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-J

REPORT TO THE CITY COUNCIL
August 2, 2022
FROM THOMAS W. GAFFERY IV, Community Development Director

SUBJECT
APPROVE Resolution No. 2584 setting business license fees

RECOMMENDATION
Staff recommend the City Council approve a resolution setting business license fees

BACKGROUND
If Ordinance 2022-04 is approved, business license fees will now be set by resolution, as opposed to by ordinance. Exhibit A presents the proposed business license fees in a redline format, consolidating many items for clarity, and adjusting some business license rates for consistency.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
Staff anticipate a small increase in business license revenue with the adoption of these fees.

Approve a resolution setting business license fees
August 2, 2022

Page 2 ends

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2584
- Exhibit A: Master Fee Schedule – Business License
RESOLUTION NO. 2584

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF FOWLER

ADOPTING BUSINESS LICENSE FEES
WHEREAS, pursuant to Fowler Municipal Code, a license is required to conduct business in the City; and
WHEREAS, Ordinance 2022-04 requires for business license fees to be set by Council Resolution; and
WHEREAS, the proposed fees are attached hereto as Exhibit A; and WHEREAS, these fees shall become effective after codification of Ordinance 2022-04.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that business license fees are set pursuant to Exhibit A.

PASSED, APPROVED AND ADOPTED this 2nd day of August 2022, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Mark Rodriquez, Mayor Pro Tem
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
Description Rate Change
Green text indicates additions or revisions
Red strikethrough text indicates deletions
Annual Fee -- Retail Sales
Retail Sales, unless specified separetely $40
Air-conditioning sales and service $40
Appliance sales and service $40
Automobiles, new and used $140
Auto parts and accessories $40
Children's wear $40
Department and variety stores $40
Drapery shops $40
Equipment rentals $40
Farmer's co-ops $40
Farm equipment dealers $40
Feed, fuel, and ice dealers $40
Florists $40
Furniture stores, new and used $40
Hardware stores $60
Hobby shops $40
Jewelry stores $60
Liquor stores $40 $300
Lumber companies $120
Men's and women's apparel, new and used $40
Motorcycle sales and repair $40
Nursery and garden supply $40
Paint, glass, and wallpaper stores $40
Pawnbrokers $40
Pet shops and grooming $40
Pump sales and repair $40
Radio and television sales $40
Rubber stamp stores $40
Service stations $40
Shoe stores $40
Sporting goods $40
Stained glass windows, lamps, and the like $40
Stamp and/or coin shops $40
Stationery and book stores $40
Tire sales and/or recapping $40
Tobacco shops, periodicals and magazines $40
Toy stores $40
Tractor sales and service $40

CITY OF FOWLER
Master Fee Schedule
* * Business License * *
Business License 1/7
Description Rate Change

CITY OF FOWLER
Master Fee Schedule
* * Business License * *
Trailer sales $40
Thrift shops $40
Video sales and rentals $40
Christmas tree, pumpkin, or similar sales subject to a Temporary Use Permit (FMC 9-5.21.16.6) $40 Fireworks Sales (FMC Title 4, Chapter 6) $100
Swap meets, site, annually $120
Swap meets, daily, when vendors present $10
Annual Fee -- Public Services
Professional services, consulting services, repair and maintenance services, training and educational services, and medical services, unless specified separately $40 Advertising counsel $40
Answering service $40
Barber and/or beauty salons $40
Billboard advertising $120
Collection agencies $40
Credit bureaus $40
Designers $40
Duplicating and/or mimeographing service $40
Funeral escort service $40
Furniture movers $40
Garage storage $40
Gymnasiums, health clubs, and/or spas $40
House moving $40
Income tax preparation $40
Interior decorators $40
Junk dealers $40
Landscape gardeners and/or architects $40
Laundromats, coin-operated $40
Laundry and/or dry cleaners $40
Locksmiths and keymakers $40
Newspaper publishers and printers $40
Public stenographers $40
Pest exterminators $40
Public scales $40
Sales promotion service $40
Sanitation companies and/or garbage collectors $40
Shoe shining $40
Studio photographers $40
Taxicabs and/or transit service $40
Taxidermists $40
Towing service $40
Business License 2/7
Description Rate Change

CITY OF FOWLER
Master Fee Schedule
* * Business License * *
Telephone service $40
Travel agencies $40
Tree spraying service $40
Tree trimming and/or surgery $40
Trucking and hauling $40
Upholstery shops $40
Warehouse storage $40
Water softening service $40
Yard maintenance $40
Delivery services from outside the City limits $60
Fortune telling, palmistry, clairvoyants, mediums, astrologers, and street fakirs $300 Drugless practitioners $40
Hospitals $120
Service provider with no physical location within the City and whose only customer within the City is the City of Fowler $0
Property management $40
Rental properties, per unit $10
Annual Fee -- Repair Services
Automobile, truck, and/or tractor repair $40
Automobile wrecking $40
Bicycle repair $40
Boat repair $40
Electrical $40
Electroplating $40
Glass repair $40
Harness shops $40
Motorcycle repair $40
Plumbing and heating $40
Pump repair $40
Shoe repair $40
Annual Fee -- Training Facilities
Barber schools $40
Beauty and/or cosmetology schools $40
Dancing schools $40
Music studios and/or instruction $40
Preschool nurseries $40
Annual Fee -- Medical Services
Bacteriologists $40
Chemists or pharmacists $40
Business License 3/7
Description Rate Change

CITY OF FOWLER
Master Fee Schedule
* * Business License * *
Chiropractors and/or osteopaths $40
Dental technicians $40
Dentists $40
Doctors of medicine or surgery $40
Nursing and convalescent homes $40
Oculists $40
Opticians $40
Optometrists $40
Radiologists $40
Retirement homes $40
X-ray technicians $40
Veterinarians $40
Annual Fee -- Professional Services
Accountants $40
Appraisers $40
Architects $40
Assayers $40
Attorneys $40
Court reporters and/or public stenographers $40
Draftsmen $40
Engineers, civil, mechanical, and the like $40
Funeral directors $40
Geologists $40
Insurance brokers $40
Private investigators and adjustors $40
Money lenders and/or brokers $40
Real estate brokers $40
Stock brokers $40
Surveyors $40
Annual Fee -- Entertainment
Movie theaters $300
Bowling alleys $300
Billiards and/or pool halls $300
Annual Fee -- Commodity Processing
Canneries $120 $120
Cold storage lockers $120 $120
Cotton gin compresses $120 $120
Creameries and/or dairies $40 $120
Frozen food processors $120 $120
Business License 4/7
Description Rate Change

CITY OF FOWLER
Master Fee Schedule
* * Business License * *
Fruit and produce brokers $120 $120
Hatcheries $40 $120
Honey processing $40 $120
Paper converting $40 $120
Poultry and/or meat processing and meat packers $120 $120 Processing, storage, packing, and shipping plants $120 $120 All other agricultural processing, manufacturing, packaging, and storage $120 Lumber Processing $120
Annual Fee -- Manufacturing
Concrete pipe $120 $120
Fabrication and/or assembly plants $120 $120
Annual Fee -- Maintenance Services
Car washes $40
Janitorial service $40
Towels, rugs, linens, and uniform service $40
Annual Fee -- Construction Services
Building contractors $60
Cabinet shops $40 $60
Concrete aggregate $60
Construction $60
Fire protection and/or sprinkler systems $60
Laminators $40 $60
All other entities issued a licence by the State of California Contractors State License Board $60 Annual Fee -- Food Outlets Retailers and Mobile Food Vendors Food Retailers and Mobile Food Vendors, unless specified separately $40 Bars, taprooms, wine tasting rooms, and similar $40 $300 Bakeries $40
Coffee shops $40
Confectioneries $40
Food and beverage caterers $40
Convenience stores, groceries, supermarkets, and the like $40 Meat markets $40
Milk depots $40
Restaurants $40
Soft drink stands and/or drive-ins $40
Specialty foods $40
Annual Fee -- Delivery Service from outside the City limits Business License 5/7
Description Rate Change

CITY OF FOWLER
Master Fee Schedule
* * Business License * *
Once per week or less $20 $20
Twice per week or less $40 $40
More than twice per week $60 $60
Daily Fee -- Entertainment
Theatrical and/or musical productions $10
Shooting galleries $10
Merry-go-rounds and similar riding devices $10
Boxing and wrestling matches and exhibitions $10
Circuses and carnivals, transient entertainment and exhibitions, first day $10 $150 Each additional day $50
Movie theaters $120 $120
Bowling alleys $60 $60
Billiards and/or pool halls $60 $60
Temporary amusement rides regulated by the State Department of Industrial Relations, each $100 Swap Meets, see Annual Fee -- Retail Sales
Delinquent Penalty Fee 3-1.116, daily license $10
Parade and special event vendors, no more than once per calendar year $10 Daily Fee -- Solicitors and Peddlers
Per day for each person involved with direct contact of the public.

Itinerant vendors $10 $10
Magazine sales (permitted in nonresidential areas only) $10 $10 Transient photographers $10 $10
Handbill distribution $10 $10
Daily Fee -- Gifts and Novelties
Per day for each person involved with direct contact of the public.

Annual Fee -- Door-To-Door Sales (on a regular basis)
Amway sales $40 $40
Cosmetic sales $40 $40
Household commodities $40 $40
Quarterly Fee -- Seasonal Businesses
Christmas tree sales $25 $25
Fireworks sales $25 $25
Ice cream trucks $10 $10
Annual Fee -- Miscellaneous
Arts and crafts shows and boutiques $40 $40
Party service $40 $40
Business License 6/7
Description Rate Change

CITY OF FOWLER
Master Fee Schedule
* * Business License * *
Swap meets $120 $120
Yard sales (no more than two (2) per year) $0 $0
All other businesses $40
State CASp Service Fee (AB 1379) ^ $4
Delinquent Penalty Fee 3-1.116, annual license $40
^ Adjusted automatically based on current State legislation.

Fees Based on Gross Receipts
Laundry Equipment (FMC 3-1.303), per $1,000 of gross receipts, maximum $120 $2 Coin-operated vending machines (FMC 3-1.303), per $1,000 of gross receipts, maximum $120 $2 Business License 7/7

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-K

REPORT TO THE CITY COUNCIL
August 2, 2022
FROM DARIO DOMINGUEZ, Public Works Director

SUBJECT
APPROVE Resolution No. 2585 Supporting the Measure C Renewal Expenditure Plan

RECOMMENDATION
Staff recommends City Council approve Resolution No. 2585, supporting the Fresno Council of Governments (COG) approved Expenditure Plan and Implementing Guidelines

BACKGROUND
On August 7, 2019, the Fresno County Transportation Authority (FCTA) Board authorized their staff to begin the process of seeking to renew Measure C with a target of placing the Measure on the November 2022 ballot. Included in this authorization was direction to establish an Executive Committee (EC) and a Technical Working Group (TWG) to develop a draft expenditure plan for presentation to the FCTA Board for final approval.

In March of 2020, the COVID epidemic hit the United States. Threat of exposure precluded FCTA and Fresno Council of Governments (Fresno COG) staff from scheduling meetings of these committees for approximately 11 months. During that time period they adapted to meet in a virtual environment and as a result, the first meetings of these two groups were held virtually in January and February of 2021.

Simultaneous with this effort, the Fresno COG was in the process of updating and adopting their Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS). The RTP/SCS is the 20-year transportation planning document for Fresno County, while Measure C is part of how the Adoption of FCOG and FCTA Measure C Renewal Plan and Guidelines August 2, 2022

Page 2 ends

RTP/SCS plan is implemented. As a result, the RTP/SCS became the framework for Measure C renewal.

Fresno COG held a number of community meetings where the RTP/SCS was discussed, and public input sought over a year’s time. Measure C staff and consultants participated in these RTP meetings with discussions about what the public viewed as the highest priorities for a renewed Measure C.

In March of 2021, FCTA staff commissioned a public opinion poll to determine what County residents thought was the most pressing transportation issues, and whether or not they would support a second extension of Measure C. The results of that poll were shared with the FCTA Board and the two committees. The polling indicated very high support for renewing Measure C (80%), and that fixing local roads was clearly the highest priority, also at 80%.

In October 2021, FCTA conducted a series of in-person and online public forums specific to Measure C renewal. Staff made short presentations while the majority of the time was spent listening to members of the public discuss what they thought were the highest priorities for a third Measure C.

Simultaneously, FCTA also launched an online survey for the purpose of gathering similar data. To date staff has received 2,804 responses with very similar results. FCTA staff and consultants also conducted in person door to door contacts with residents in Cantua Creek, Lenare, Tranquility, Orange Cove, Parlier, Kerman, Mendota, Caruthers, Coalinga, Del Rey, Five Points, Huron, Sanger, Kingsburg, and San Joaquin. Approximately 1,070 surveys were completed by Spanish speakers.

The public meetings, online surveys, and in-person contacts all conveyed the same basic messages as the polling; fixing roads was the number one priority.

Beginning with the needs assessment performed by Fresno COG through the RTP/SCS process, staff began drafting alternative proposals for Measure C 3 funding. Four alternatives were initially presented to the TWG. Of these four, two had a significant level of support within the TWG. These two alternatives were later refined by the TWG.

During this process FCTA and Fresno COG staff also met with representatives from Fresno County, the City of Fresno and the City of Clovis to discuss the framework of the preferred alternatives the TWG was considering. While by no means diminishing the importance of the small cities, it was felt that Fresno, Clovis, and Fresno County support of a proposed plan was critical in order to obtain its eventual endorsement by both the TWG and EC. Based upon these meetings, modifications were made to the preferred alternative then being considered by the TWG. These modifications increased the Transit and Local Control subprograms. Specifically, the increase in the Local Control Program was intended to allow each agency to best tailor their Measure C expenditures to their unique and specific needs. This flexibility was especially critical for the City of Fresno who wanted to use some of their Local Control Program money to further increase funds dedicated to public transit.

The TWG considered and approved this allocation plan by a substantial majority. This approved plan was then sent to the EC for their consideration.

The EC also considered and approved the plan as submitted by the TWG. During this consideration and approval process, a second series of public meetings were conducted to once again listen to people’s concerns about transportation in Fresno County. A second opinion poll was also conducted resulting in nearly identical results from the first poll.

Adoption of FCOG and FCTA Measure C Renewal Plan and Guidelines August 2, 2022

Page 3 ends

Once the EC adopted the draft allocation plan, staff used the proposed allocation plan as adopted by the EC and TWG, to develop a detailed draft Expenditure Plan and a set of Implementing Guidelines.

The Expenditure Plan was posted for public review on May 27, 2022, and the Implementing Guidelines were posted about a week later. Staff received a number of written and verbal comments on the plan and guidelines. Many of the suggested revisions were incorporated while some were not.

Comments not included in the plan tended to be in conflict with the allocation plan adopted by the EC and TWG. The public comment period closed on June -27, 2022 and a final draft revision of the draft plan and guidelines was posted on June 29, 2022.

On July 7, 2022, the Fresno Council of Governments Policy Board approved the Measure C Renewal Expenditure Plan. The plan approved by COG included a number of changes proposed by the City of Fresno.

CITY OF FRESNO PROPOSAL
These revisions included:

1. Allowing sidewalk repairs to be funded through the Local Neighborhood and Street Repair and Maintenance Program (Street Repair Program)

2. Revising the distribution of these street repairs funds from 75% population – 25% road miles to 80% -- 20% (later revised to 78% -- 22%)

3. Revise the distribution of the Local Control Program funds to 100% population based

4. Establish an annual $100,000 minimum allocation within the Street Repair Program for each of the 16 agencies in Fresno County

5. Change a few of the projects included in the City of Fresno’s portion of the Tier 1 Major Roads and Highway Program

6. Limit Urban Transit Oriented Development (TOD) funding to certain high-density and transit corridor requirements

7. Include local hiring preference language
The end result of these changes was that each of the 15 cities in Fresno County would get slightly more funding (approximately 5% to 20% with the smallest cities experiencing the largest percentage increase) while Fresno County would receive about $187 million less over the life of the Measure.

On July 12, 2022, the Fresno County Board of Supervisors also considered the plan adopted by Fresno COG, and adopted the plan as previously approved by Fresno COG.

On July 20, 2022, the Fresno County Transportation Authority Board considered and adopted the COG approved plan. COG and FCTA believe it is prudent to present the Expenditure Plan, as approved and adopted by the two boards, to each of the 15 cities in Fresno County and Fowler being one of them.

APPROVED PLAN
A full copy of both the Expenditure Plan and Implementing Guidelines are included in this staff report.

In summary, the approved plan provides total projected revenue over 30 years and $29.4 million has been allocated for the City of Fowler.

Adoption of FCOG and FCTA Measure C Renewal Plan and Guidelines August 2, 2022

Page 4 ends

Distribution by Sub-Program
Subprogram Percentage Allocation
Local and Neighborhood Street Repair and
Maintenance
51% $3,511,000,000
Local Control 18% $1,208,794,520
Urban and Rural Public Transit 12% $811,953,000
Safe Bikes and Pedestrians 1% $75,524,940
Major Roads and Highways, Safety Improvement
and Congestion Relief
15% $997,713,440
Environmental Sustainability 2% $144,000,000
Administration 1.25% $86,058,856
Distribution by Agency (as modified by the City of Fresno proposal) Agency Allocation
(Millions)
Agency Allocation
(Millions)
Clovis $519.2 Mendota $53.8
Coalinga $69.2 Orange Cove $44.1
Firebaugh $36.9 Parlier $67.6
Fowler $29.4 Reedley $67.6
Fresno $2,210.7 San Joaquin $20.6
Huron $28.3 Sanger $120.1
Kerman $71.0 Selma $107.4
Kingsburg $61.9 Fresno County $1,130.2
In conclusion, the overall transportation needs exceed the revenues that can be generated. However, the plan makes substantial progress towards meeting a high percentage of these needs. The plan will be beneficial to the City of Fowler as a whole and good for each and every city within Fresno County.

ENVIRONMENTAL REVIEW
Adopting the Expenditure Plan and Guidelines with is not considered a “project” as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378.

Adoption of FCOG and FCTA Measure C Renewal Plan and Guidelines August 2, 2022

Page 5 ends

FISCAL IMPACT
It is anticipated, and if approved the City of Fowler will be awarded up to $29.4 million in the next 30 years which is the duration of the plan.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- MC3 Expenditure Plan
- MC3 Implementation Guidelines
- Resolution No. 2585
2022
Measure C
Renewal
Expenditure
Plan
final
july 20, 2022
Prepared by
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
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 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
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 inperson 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.
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.
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
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 doorto-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/
measure-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.
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.
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.
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.
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.
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
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.
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/
measure-c-committees/
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 thencurrent 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 muchneeded 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.
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.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-Year 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.
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.
• Measuring 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 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
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 scrip” to seniors
(65 years or older) and people with
disabilities resulting in better service to
those 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
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 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 Oriented 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%
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 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 Year Total
30 Year Period,
2027/28–2056/57
First 15 Years
Year 1–15,
2027/28–2041/42
Second 15 Years
Year 16–30,
2042/43–2056/57
Measure C Sales Tax $997,713,400 $339,912,500 $657,800,900 State Transportation Improvement 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 Operations & Maintenance (SHOPP) $200,000,000 $74,755,000 $125,245,000 Regional Transportation Mitigation Fee $450,305,000 $168,316,000 $281,989,000 Total $2,528,293,400 $912,012,500 $1,616,280,900
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 or head to:
https://bit.ly/measurecrenewal-interactive-map.

View 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.
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.
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.
27 TABLE 4
Tier 1 Urban Projects
Project ID Title Description Agency Inflated Project Costs 100 SR 41 /SR 168 /
SR 180
Urban Freeway Connectors -
Operational Improvement
Study within the FCMA as of
7/20/2022
Caltrans $1,194,052
101 SR 41 / SR 168 /
SR 180
Urban Freeway Connectors -
Operational Improvements
within the FCMA as of
7/20/2022
Caltrans $119,405,230
102 SR 41: Friant Rd
to Herndon Ave
Widen SB On-Ramp and Add 1
SB Auxiliary Lane - Operational
Caltrans $47,762,092
103 SR 41: Herndon
Ave to Bullard Ave
Add Auxiliary Lane to SB SR-41
Between Herndon Ave and
Bullard Ave
Caltrans $29,851,307
104 SR 41 / Shields
Avenue
Shields Ave Interchange
Improvement: Expand the
NB Off Ramp to 2 Lanes
for the Full Length
Caltrans $11,940,523
105 SR 41: McKinley
Ave to Shields Ave
Add Auxiliary Lane to
NB SR-41 from McKinley Ave
to Shields Ave
Caltrans $29,851,307
106 SR 41: Van Ness
Ave to San Joaquin
River (NB/SB)
SR 41 Corridor Preservation
Feasibility Study
Caltrans $1,194,052
107 SR 41 / Van Ness
Ave Interchange
Modify Interchange to
add a Direct SB On-Ramp;
Eliminate Broadway St / SR-41
SB On-Ramp; Signalize Ramp
Intersections with Van Ness St
and Add Ramp Metering
to New SB On-Ramp
Caltrans $17,910,784
108 SR 41 / SR 180
NB Connector
SR 41/SR 180 EB to
NB Connector
Caltrans $59,702,615
28 TABLE 4
Tier 1 Urban Projects
Project ID Title Description Agency Inflated Project Costs 109 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 Within the FCMA
as of 7/20/2022) -
Operational Improvements -
Phase 1
Caltrans $89,553,922
110 SR 99 / Ashlan Ave
Interchange
Reconstruct Interchange -
Includes Golden State Blvd
Caltrans $83,583,661
111 SR 168 Owens
Mountain Parkway
Interchange
Replace At-Grade Intersection
with Interchange
Caltrans $59,702,615
112 SR 99 / Shaw Ave
Interchange
Reconstruct Interchange Caltrans $95,524,184
113 SR 99 / Stanislaus
St Interchange
Reconstruct Overcrossing -
Operational - Included for
eligibility purposes only. 100%
State Funding is Anticipated
Caltrans $—
114 SR 99 / Tuolumne
St Interchange
SR 99/Tuolumne Interchange -
Operational - Included for
Eligibility Purposes Only. 100%
State Funding is Anticipated
Caltrans $—
115 SR 168
Interchanges
Various Locations; Fowler Ave,
Bullard Ave, Herndon Ave, Shaw
Ave, & Temperance Ave
Caltrans $29,851,307
116 SR 180 WB to NB
SR 99 Connector
Add Additional Lane -
Operational
Caltrans $23,881,046
117 Blackstone Ave
& McKinley Ave
BNSF Grade
Separation
Grade Separate Blackstone
Ave and McKinley Ave to
Eliminate Existing BNSF At
Grade Crossings - Included
for Eligibility Purposes Only.

Current Measure C (MC2)
Funding is Expected to
Complete the Project.

Fresno $—
29 TABLE 4
Tier 1 Urban Projects
Project ID Title Description Agency Inflated Project Costs 118 Blackstone Bus
Rapid Transit
(BRT) Corridor:

Smart Mobility
Improvements
Blackstone Ave between
Dakota Ave and SR 180: 6 Land
Divided to 4 Lane Divided
with Class IV Bicycle Facilities,
Midblock Pedestrian Crossings,
Transit and Pedestrian-Scale
Improvements
Fresno $5,000,000
119 East/West
Corridors West
of SR 99 (Shaw,
Ashlan, Clinton &
McKinley Avenues)
between SR 99 and
Grantland Ave
Corridor Improvements to
Widen from 2 Lane Undivided
to 4 Lane Divided with Bike
Lanes, Sidewalks, Traffic Signals
and Synchronization
Fresno $40,000,000
120 Herndon Ave:

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

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

Clovis Ave to
Fowler Ave
3 Lane Divided to 4 Lane
Divided, Sidewalks, Bike Lanes,
Street Lights, Curb and Gutter,
Fiber Optics
Clovis $11,960,822
123 Shepherd Ave:

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

SR 180 to
Clinton Ave
Widen from 2 Lane Undivided
to 6 Lane Divided with Bike
Lanes, Trail, Sidewalks, Curb
and Gutter
Fresno $10,800,000
Total $832,460,570
30 TABLE 5
Tier 1 Rural Projects
Project ID Title Description Agency Inflated Project Costs 300 SR 33:

Firebaugh to
Mendota
Add Passing Lanes Between
Firebaugh and Mendota -
Operational
Caltrans $10,746,471
301 SR 43:

SR 99 to Kings
County Line
Passing Lanes Caltrans $11,940,523
302 SR 99 / Mendocino
Interchange
Modify/Reconstruct Interchange Caltrans $12,800,000
303 SR 99:

Mountain View
Ave and SR 99
Dual Roundabout Interchange -
The project consists of Realigned 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
304 SR 99 / SR 43 /
Floral Ave
Interchange
Reconstruct Interchange -
Partial Funding -
$90M Total Cost
Caltrans $29,851,307
305 SR 145
(Madera Ave):

0.12 Mile N/O
Whitesbridge Ave
to 0.25 Mile N/O
Nielsen Ave
Widen 2 Lane Undivided to
4 Lane Divided, Sidewalks,
Bike Lanes, Curb and Gutter,
Streetlights
Caltrans $6,018,024
306 SR 168 / Academy
Ave Roundabout
Construct Roundabout -
67% SHOPP Funding
Caltrans $4,179,183
307 SR 180 / Academy
Ave Intersection
Add Right Turn Channelization -
Operational -
50% SHOPP Funding
Caltrans $5,970,261
308 SR 180:

Between Kerman
and Mendota
Add Passing Lanes between
Kerman and Mendota -
Operational
Caltrans $10,746,471
309 SR 180 West:

I-5 to Junction
SR 33 / SR 180
2 Lane on New E-W Alignment -
Phase 1
Caltrans $95,524,184
31 TABLE 5
Tier 1 Rural Projects
Project ID Title Description Agency Inflated Project Costs 310 SR 198:

NAS Lemoore
and I-5
Add Passing Lanes between
NAS Lemoore and I-5 -
Operational
Caltrans $10,746,471
311 SR 269 / SR 145 Intersection Improvements -
Operational (Roundabout) -
100% State Funding is
Anticipated
Caltrans $—
312 SR 269 / SR 198 Intersection Improvements
- Operational (Roundabout)
- 100% State Funding is
Anticipated
Caltrans $—
313 Academy Ave 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
314 Academy Ave -
City Limits to
Dinuba Ave
Bridge/Roadway Widening Parlier $6,328,477
315 Jayne Ave -
Glenn Ave to I-5
2 Lane Undivided
to 4 Lane Divided
Fresno
County
$362,992
316 Manning Ave
East of 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
32 TABLE 5
Tier 1 Rural Projects
Project ID Title Description Agency Inflated Project Costs 317 Millerton Rd Friant Rd to Sky Harbor Dr -
Widen to 4 Lanes Divided.

Total Cost $40M
Fresno
County
$35,821,569
318 Reed Ave
Reconstruction -
Phase 2
Reconstruction of Roadway,
Increase from 2 Lanes to 4 Lanes,
Curb Ramp Upgrades, Overlay,
Slurry Seal, Replace Water Lines,
Bike Lanes, Curb and Gutter and
Sidewalks
Reedley $5,000,000
319 Reed Ave - South
Ave to SR 180
Widen Reed Ave from 2 Lanes to
4 Lanes from South Ave to SR 180
Reedley $29,851,307
Total: $320,067,175
o
ROAD A

VALENTINE

CORNELIA
ORANGE
FOWLER

CLAYTON
CHERRY

ALLUVIAL
POLK
CEDAR
CHURCH
NORTH
FRIANT
LOCAN

SUNNYSIDE

FIGARDEN

BARSTOW
HAYES
SIERRA
FRUIT

BLACKSTONE
EAST
PEACH
TULARE

ARMSTRONG

LEONARD
ADAMS

GETTYSBURG
NEES

TEMPERANCE
BUTLER

CENTRAL
MARKS

TOLLHOUSE

BULLARD

BELMONT

AMERICAN
JENSEN

KEARNEY
MAPLE

BRAWLEY
ASHLAN
SHAW

ANNADALE

MCKINLEY

DE WOLF

SHIELDS

GOLDEN STATE
OLIVE
BRYAN
BLYTHE

CHESTNUT
DAKOTA

HERNDON

AUBERRY

KINGS CANYON
MCCALL

WHITES BRIDGE

LINCOLN
FIG

MINNEWAWA
WEST

GRANTLAND
HUGHES
WALNUT
ELM

CALIFORNIA
CLOVIS
WILLOW
COPPER
104
107
110
113
114
116
111
115
115
115
117
112
119
122
108
115
115
213
210
200
207
208
201
203 223
205
205
205
227
202
123
103
121
102 120
124
118 119
106
109
100
109
101
109
109
105
100
100
101
101
119
119
222
215
219 226 218
211 224
206
216
230
225
212
229
217
221
209
214
220
228
204
205
Fresno Yosemite
International
N
Ü
ot to scale
Fresno Incorporated Area
Clovis Incorporated Area
Tier 2 Projects
Tier 1 Projects
Fresno Sphere of Influence
Clovis Sphere of Influence
Fresno-Clovis Metropolitan Area
FIGURE 2
Tier 1 and 2 Urban Project Map
33 • Tier 1 Projects
• Tier 2 Projects
Not to scale
rg
= I
Pine Flat
Reservoir
FIGU
RE
3 Tier 1 and 2 Rural Project Map
3 4
35 TABLE 6
Tier 2 Urban Projects
Project ID Title Description Agency Inflated Project Costs 200 SR 41 / Ashlan Ave 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
201 SR 41 / Bullard Ave 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
202 SR 41 / Divisadero
St On/Off Ramps
Reconfigure for SB Dual Right
Turns; and EB Dual Left Turns
on Divisadero at NB On-Ramp
Caltrans $4,946,168
203 SR 41 / Shaw Ave 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
204 SR 41:

Van Ness Ave to the
San Joaquin River
Corridor Preservation
Operational Improvement
Projects
Caltrans $411,424,405
205 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 within the FCMA
as of 7/20/2022) Operational
Improvements - Phase 2
Caltrans $204,199,613
206 SR 99:

Central Ave &
Chestnut Ave
Interchange
Central Ave / Chestnut Ave /
SR 99 - Improve Interchange
(Dependent on the Extension of
Measure C)
Caltrans $164,872,280
36 TABLE 6
Tier 2 Urban Projects
Project ID Title Description Agency Inflated Project Costs 207 SR 99 /
Herndon Ave
Widen Undercrossing
to 5 Lanes
Fresno $32,160,683
208 SR 168 / Shepherd
Ave Interchange
New Interchange Clovis $75,758,056
209 Blackstone Bus
Rapid Transit
(BRT) Corridor -
Smart Mobility
Improvements
Blackstone Ave between Dakota
Ave and SR 180: 6 Lane Divided
to 4 Lane Divided with Class
IV Bicycle Facilities, Midblock
Pedestrian Crossings, Transit
and Pedestrian -
Scale Improvements
Fresno $75,629,486
210 Clovis Ave:

Auberry Rd
Couplet North
of Copper Ave
Construct new 4 Lane divided
arterial with bike lanes, traffic
signal at Copper and Clovis
Avenues
Clovis $12,100,718
211 Clovis Ave:

Behymer Ave
to Copper Ave
Unconstructed to 6 Lane
Divided, Sidewalks, Bike
Lanes, Street Lights, Curb and
Gutter, Fiber Optics, Bridge at
Enterprise Canal
Clovis $10,966,276
212 Copper Ave:

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

Ashlan Ave to
N Parkway Dr
4 Lane Divided 6 Lane Divided
with Bike Lanes, Sidewalks,
Curb, Gutter, and Trail
Fresno $9,075,538
215 Grantland Ave:

Belmont Ave to
Shields Ave
2 Lane Undivided to 4 Lane
Divided with Bike Lanes,
Sidewalks, Curb, Gutter,
and Trail
Fresno $14,265,701
37 TABLE 6
Tier 2 Urban Projects
Project ID Title Description Agency Inflated Project Costs 216 Grantland Ave:

SR 180 to
Belmont Ave
Grantland Ave - SR 180 to
Belmont: 2 Lane Undivided
to 4 Lane Divided
Fresno $10,746,471
217 Jensen Ave:

Clovis Ave to
Temperance Ave
4 Lane Divided 6 Lane Divided
with Class 1 Bike Path / Trail
Fresno $18,559,476
218 Jensen Ave: Fruit
Ave to Martin
Luther King Blvd
2 Lane Undivided to 4 Lane
Divided with Bike Lanes,
Sidewalks, Curb, Gutter,
and Trail
Fresno $7,305,808
219 Jensen Ave: Marks
Ave to Fruit Ave
2 Lane Undivided to 4 Lane
Divided with Bike Lanes,
Sidewalks, Curb, Gutter,
and Trail
Fresno $10,966,276
220 Jensen Ave:

Orange Ave to
Clovis Ave
4 Lane Divided 6 Lane Divided
with Bike Lanes, Sidewalks,
Curb, Gutter, and Trail
Fresno $32,475,301
221 McCall Ave:

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

Blythe Ave to
Brawley Ave
4 Lane Divided to
6 Lane Divided
(Retrofit)
Fresno $4,053,740
223 Shaw Ave and
Leonard Ave
Install Traffic Signal, Widen
Shaw Ave for Second Through
Lane and Left-Turn Lanes
Clovis $1,925,527
224 Shepherd Ave:

Armstrong Ave
to Del Rey Ave
2- and 3-Lane Undivided to 4
Lane Divided, Sidewalks, Bike
Lanes, Street Lights, Curb and
Gutter, Fiber Optics
Clovis $30,251,794
225 Shepherd Ave:

Cedar Ave to
Willow Ave
3 Lane Undivided to 4 Lane
Divided with Bike Lanes and
Sidewalks, Curb & Gutter
Fresno $1,512,590
38 TABLE 6
Tier 2 Urban Projects
Project ID Title Description Agency Inflated Project Costs 226 Temperance Ave:

Jensen Ave to
Belmont Ave
2 Lane Undivided to 6 Lane
Divided with Bike Lanes, Trail,
Sidewalks, Curb and Gutter
Fresno $27,831,651
227 Temperance Ave:

SR 180 to
Clinton Ave
Widen from 2 Lane Undivided
to 6 Lane Divided with
bike lanes, trail, sidewalks,
curb and gutter
Fresno $20,006,549
228 Willow Ave:

Barstow Ave to
Copper Ave
Complete widening to 6 Lane
Divided Where Needed and
Add Bike Lanes
Clovis $1,683,512
229 Willow Ave:

Copper Ave to
Friant Rd
2 Lane Undivided
to 4 Lane Divided
Fresno
County/
City of
Fresno
$7,425,303
230 Willow Ave:

International Ave
to Copper Ave
Southbound
Willow - International Ave
to Copper Ave Southbound:

Widen to 3 Lanes
Fresno $946,881
Total: $1,591,926,081
39 TABLE 7
Tier 2 Rural Projects
Project ID Title Description Agency Inflated
Project Costs
400 SR 41:

Central Ave to
American Ave
Upgrade Existing Intersections
to Interchanges
Caltrans $143,696,024
401 SR 99 / Adams
Interchange
Interchange Improvements Caltrans $30,251,794
402 SR 99 and Dinuba
Fly-Over
Construction of Flyover from SR
99 to New Intersection at Golden
State Blvd near Dinuba Ave
Selma $60,503,589
403 SR 99 / Manning
Ave Interchange
Interchange Improvements
(Ramp Improvements)
Caltrans $22,688,846
404 SR 145
(Madera Avenue):

Church Ave to

0.25 Mile S/O
Jensen Ave
Widen 2 Lane Undivided to
4 Lane Divided, Sidewalks,
Bike Lanes, Curb and Gutter,
Streetlights
Caltrans $9,075,538
405 SR 180 West:

I-5 to Junction SR
33 / SR 180
2 Lane on New E-W Alignment -
Phase 2
Caltrans $60,503,589
406 Academy Parkway:

Mountain View
Ave to Simpson St
New 4 Lane Expressway Kingsburg $9,075,538
407 Manning Ave:

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

Buttonwillow Ave
to Alta Ave
2 Lane Undivided to 4 Lane
Divided
Fresno
County/City
Reedley
$16,695,965
409 Manning Ave:

Buttonwillow Ave
to Englehart Ave
Reconstruct and Widen Manning
Ave from 2 to 4 Lanes between
Buttonwillow Ave and Englehart Ave
Reedley $6,050,359
410 McCall Ave:

Griffith Ave to SR
180
Lane Widening - 2 to 4 Lanes Fresno
County
$15,000,000
40 Project ID Title Description Agency Inflated
Project Costs
411 Millerton Rd &
Marina Dr
Traffic Signal Fresno
County
$5,294,064
412 Shaw Ave and
Academy Ave
Install Traffic Signal; Widen for
NB & SB Right-Turn Lanes;
WB Right-Turn and Left-Turn
Lane; EB Right-Turn Lane
Fresno
County
$2,849,719
413 Shaw Ave:

McCall Ave to
Academy Ave
2 Lane Undivided to
4 Lane Divided
Fresno
County
$19,875,429
Total: $414,521,837
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.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.
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.
43 The 2006 Measure C Extension added two new
members to the Authority Board. These two
positions were identified as “Public Members-atLarge” 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.
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.
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.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.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.com
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?
47 Appendix B
Local Program Allocations by Agency
Agency Percentage MC3 30-Year Allocation
Clovis 10.83% $519,210,059
Coalinga 1.55 % $74,562,264
Firebaugh 0.77 % $36,943,703
Fowler 0.68 % $32,599,858
Fresno 48.13% $2,307,800,260
Huron 0.69 % $33,128,585
Kerman 1.48 % $71,008,461
Kingsburg 1.29 % $61,935,554
Mendota 1.12 % $53,838,196
Orange Cove 0.92 % $44,073,084
Parlier 1.41 % $67,641,387
Reedley 2.38 % $114,213,410
San Joaquin 0.43 % $20,611,555
Sanger 2.51 % $120,149,116
Selma 2.24 % $107,380,161
County of Fresno 23.57% $1,130,223,774
Total 100 % $4,795,319,460
Urban area receives the majority of the funding.

Transit Agency Formula Measure C 3 30-Year
Clovis 10 % $81,195,300
FAX 70 % $568,367,100
FCRTA 20 % $162,390,600
Total 100 % $811,953,000
Transit allocation split 70% FAX, 20% FCRTA, and 10% Clovis Transit. Estimates only and subject to change. 2022
Measure C
Renewal
Expenditure
Plan
Implementing Guidelines
final
july 20, 2022
Prepared by
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
2 Contents
Introduction and Purpose 5
Guideline Amendments 5
Program Management 5
Performance Indicators and Measurements 6
Reporting Requirements 6
Local Hiring Preference 6
Measure C Renewal Expenditure Plan Programs 6
Local & Neighborhood Street Repair & Maintenance 8
Purpose 8
Eligible Agencies 8
Program Implementation 8
Performance Indicators 9
Definitions 9
Funding Allocation 10
Other Requirements 11
Eligible Projects/Programs 11
Local Control 12
Introduction/Purpose 12
Implementing Agencies 12
Program Disbursement Process/Requirements 12
Performance Indicators 12
Eligible Projects/Programs 13
Timely Use of Funds 14
Other Requirements 14
Reporting Requirements 14
3 Urban and Rural Public Transit 15
Overview/Purpose 15
Implementing Agencies 15
Measure C Program Disbursement Process/Requirements 16
Eligible Projects/Programs 16
Other Requirements 17
Performance Indicators 17
Safe Bikes and Pedestrians 18
Overview/Purpose 18
Implementing Agencies 18
Disbursement Process/Requirements 18
Master Plan Requirements 19
Exemptions 19
Allowed Accumulation of Earmark Funds Over Five (5) Years 19 Eligible Projects/Programs 19
Allocations for Active Transportation Facilities 20
Class I, II, III, and IV Definitions and Eligibility Requirements 20 Requirements Applying to All Facilities Utilizing Any Measure C Program Funds 22 Maintained Pedestrian or Bicycle Facilities 23
Exceptions to the Requirements 23
Flexibility if Needs Are Met 24
Bicycle and Pedestrian Facilities Maintenance 24
Performance Indicators 24
Major Roads & Highways, Safety Improvement & Congestion Relief 25 Purpose 25
Eligible Agencies 25
Program Implementation 25
4 Definitions 25
Eligible Project Lists 25
Flexibility and Plan Modifications 26
Regional Transportation Mitigation Fee Program (RTMF) 26 Funding Allocations 27
Other Requirements 28
Performance Indicators and Measures 28
Environmental Sustainability 29
Funding Disbursement Process/Requirements 30
Eligible Projects and Programs 30
Eligible Investments 31
Project Requirements 32
Other Requirements 33
Performance Indicators and Measures 34
Citizen Oversight Committee 34
Committee Purpose 34
Administrative Issues 34
Membership Selection 35
For More Information 37
5 Introduction
and Purpose
These Implementing Guidelines have been
prepared to help guide implementation of
the Measure C Renewal Expenditure Plan.

The Renewal Expenditure Plan was prepared to
specify how the 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,
will be allocated to the various transportation
programs. Specifically, these Guidelines will
ensure that promises made to Fresno County
voters will be kept through a set of requirements
specific to each Expenditure Plan Program.

Following approval of the Renewal
Expenditure Plan and these Guidelines
and beginning in 2027 and every two (2)
years thereafter, the Measure C Renewal
Strategic Implementation Plan (SIP) will
be prepared. The SIP will further detail
implementation requirements, provide more
specifics regarding actual Measure C Renewal
proceeds by program, amendments to these
Guidelines, reporting, monitoring, claims and
disbursement processes, and provide further
clarity on project eligibility, performance
indicators and measures. The Guidelines
will aid the Fresno County Transportation
Authority (FCTA or Authority), Fresno
Council of Governments (Fresno COG),
sixteen (16) local agencies, and other
responsible agencies with information
including the following:
• General purpose of each Measure C
Renewal Program.
• Implementing agencies or those agencies
responsible for implementing the Renewal
Program and eligible to receive associated
Measure C funding.
• Important definitions of related program
requirements, methods, or other processes.
• The percentage of Measure C Renewal
funding and the initial amount of funding
allocated to each Renewal Program.
• Other requirements specific
to each Renewal Program.
• The list of eligible projects for which
Measure C Renewal funding can be claimed.

Guideline Amendments
Revisions or amendments to these
Implementing Guidelines shall follow the
same amendment process established for the
Measure C Renewal Expenditure Plan under
Administration, Expenditure Plan Amendments.

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
6 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.

Performance Indicators
and Measurements
Once the Measure C Renewal Plan and
Implementing Guidelines have been approved
by Fresno COG and adopted by the Authority,
staff will begin working with each of the local
and other interested agencies and individuals to
develop performance measures specific to each
of the Renewal Programs. These Guidelines
include identification of performance indicators
for each Renewal Program. Subcommittees will
be formed to further identify indicators and to
develop performance measures for each of the
Renewal Programs.

Collection of data will be key to measuring
performance and evaluating trends.

Transportation data will also be useful for
agencies or groups involved in transportation
research. In addition to the data collected for
performance indicators and measures, there
will be other data requirements that will be
included in the SIP.

Reporting Requirements
• Agencies will submit to the Authority on an
annual basis the list of completed projects
that utilized Measure C Renewal Program
funding for some or all of the project costs.
• Agencies that utilize some or all of the
Local Control Program funds for services
will identify how these funds were used as a
part of their annual report to the Authority.
• Other required reporting and monitoring
requirements will be included in the Renewal
Strategic Implementation Plan (SIP).

Local Hiring Preference
Measure C funded projects provide direct
and indirect economic benefits to the County
through investments in infrastructure and
related economic activities associated with
construction projects. Measure C projects
will provide good paying jobs to Fresno
County businesses and residents. FCTA and
Fresno COG, working in connection with the
member agencies, will develop reasonable local
hiring and contracting goals to help insure
those benefits are maximized. These goals
will be included in the Measure C Strategic
Implementation Plan prior to July 1, 2027.

Measure C Renewal
Expenditure Plan Programs
The following sections include details regarding
each of the individual Renewal Programs. Each
program has a different set of requirements and
processes given the transportation needs and
7 goals each are to address over the next 30-years.

Programs included in these Guidelines include
the following:

Local and Neighborhood
Street Repair and
Maintenance Program
The Local and Neighborhood Street Repair and
Maintenance program is intended to bring the
road systems within the 15 incorporated cities
and the rural unincorporated areas of Fresno
County, including arterials, collectors, and
neighborhood streets, to an average Pavement
Condition Index (PCI) of 70, which is within
the “Good” category as measured by engineers
though a Pavement Management System
(PMS), which is defined as a set of procedures
for collecting, analyzing, maintaining, and
reporting pavement data, to assist decision
makers in finding optimum strategies for
maintaining pavements in serviceable condition
over a given period of time for the least cost.

Local Control Program
The 16 local agencies (cities and the county)
in Fresno County will utilize these funds
to address their highest priority unique
transportation needs including improved safety,
enhanced public transit services, additional
local street and highway maintenance and
other street and road improvements, pedestrian,
trail, and bicycle facilities improvements, safe
routes to school improvements, and other
transportation services and programs.

Urban and Rural Public
Transit Program
The Urban and Rural Public Transit Program
will address public transit systems and services
throughout the County including Fresno Area
Express (FAX), Clovis Transit, and the Fresno
County Rural Transit Agency (FCRTA).

Safe Bikes and
Pedestrians Program
Including Safe Routes to School &
Access for People with Disabilities
This program will address improvements and
safety enhancements for bicyclists and pedestrians,
including students, seniors and people with
disabilities, as well as other related improvements.

Major Roads and Highways,
Safety Improvement and
Congestion Relief Program
This program will address the funding and
implementation of projects in the Urban (Clovis
and Fresno Spheres of Influence) and Rural
(remaining County and rural incorporated cities)
areas. Such projects will be located along the
State Highway System and along major corridors
to enhance connections within the urban area
and between the cities and rural communities
throughout the County.

Environmental
Sustainability Program
This Program includes clean transportation
projects and programs, transit-oriented
development and Opportunity Corridor projects,
and other projects that will improve air quality,
address climate change and improve health.
8 Administration Program
This program includes administration and
planning activities of the Fresno County
Transportation Authority (Authority) and the
Fresno Council of Governments.

Specifics regarding the Citizen Oversight
Committee are also included at the end of
these Guidelines.
1 Local &
Neighborhood
Street Repair &
Maintenance
Purpose
The Local and Neighborhood Street Repair
and Maintenance Program (Local Street Repair
Program) is intended to bring the road systems
within the 15 incorporated cities and the
rural unincorporated areas of Fresno County,
including arterials, collectors, and neighborhood
streets, to an average Pavement Condition Index
(PCI) of 70, which is within the “Good” category.

Repairing, rebuilding, and maintaining the road
system will have long-term benefits for future
generations of Fresno County residents. A road
system in “Good” condition is very economical
to maintain with a 2022 estimated cost of $4.50
per square yard (SY) of pavement. Allowing our
road system to remain in Fair or Poor condition
has a much higher cost of $22 to $60 per SY.

The current countywide PCI is approximately
60 and raising it to a PCI of 70 will cost
approximately $3.2 billion over 20 years.

If this goal is not accomplished within 20 years,
the cost will escalate, primarily due to more
roadways falling into disrepair.

In order to reach this average PCI goal, agencies
must also perform preventative maintenance
to prevent roads in “Good” condition from
degrading into “Fair” or “Poor” condition.

The $3.2 billion cost includes funding for
preventative maintenance treatments for roads
currently in good condition, as well as funds for
rebuilding failing roads.

Eligible Agencies
Eligibility is limited to the 15 incorporated cities
and Fresno County. Distribution of these funds is
based on a formula of 78% population and 22%
road miles. Fresno COG will be eligible for the cost
associated with performing the triennial Pavement
Management System surveys and reports.

Program Implementation
Each agency must determine how to manage
their road systems using a combination of road
repair and preventative maintenance strategies.

In order to assist with that effort, a triennial
countywide pavement condition survey (PCS)
will be conducted, with the results furnished
to each agency. Funding for these surveys will
come from this Local Street Repair Program.

The agencies will then be required to develop
an annual Capital Improvement Program that
addresses their pavement repair and maintenance
9 strategies (updated triennially in conjunction
with the pavement survey). These 5-year Capital
Improvement Programs will be submitted to
FCTA as they are updated. Development and
implementation of the pavement repair strategies
is an eligible expense within this Local Street
Repair Program.

The FCTA Board will use these plans and the
triennial pavement survey to evaluate progress
towards the 70 PCI goal.

Independent financial audits of the Local
Street Repair Program will be performed
annually to verify that funds were expended
consistent with these Program requirements.

Agencies found to be out of compliance may
be subject to withholding of Program funds
until appropriate reimbursements are made.

Every 3 years there will be a compliance
evaluation where jurisdictions must show
how they have spent their Local Street Repair
Program funds, however, agencies are allowed
accumulate funds for up to 6-years if needed
for match purposes or for a large project.

If an agency is not in compliance with the 6-year
requirement, the Authority may withhold funds
until the jurisdiction is compliant. Repeated noncompliance may be subject to reallocation of funds as determined by the Authority Board.

Performance Indicators
Performance indicators include,
but are not limited to the following:
• Pavement Condition Index (PCI).
• Funds expended consistent with Local
Street Repair Program requirements.
• Percentage of funds expended
in disadvantaged areas.
• Amount of funds bonded and advanced.
• Lane miles paved by classification (arterial,
collector, neighborhood street).
• Timely use of funds.
• Matching funds obtained.

Definitions
Funding within the Local Street Repair
Program must be utilized exclusively for street
maintenance, repair, or rehabilitation as defined
by Assembly Bill (AB) 2928 language for local
agency allocations under Proposition 42:
• Funds allocated to a city, county..... shall be
used only for street and highway maintenance,
rehabilitation, reconstruction, and storm
damage repair. For purposes of this section, the
following terms have the following meanings:
▪ "Maintenance" means either
or both of the following:
- Patching.
- Overlay and sealing.
10 "Reconstruction" includes any overlay, sealing,
or widening of the roadway, if the widening is
necessary to bring the roadway width to the
desirable minimum width consistent with the
geometric design criteria of the department
for 3-R (reconstruction, resurfacing, and
rehabilitation) projects that are not on a
freeway but does not include widening for
the purpose of increasing the traffic capacity
of a street or highway.
"Storm damage repair" is repair or reconstruction
of local streets and highways and related drainage
improvements that have been damaged due to
winter storms and flooding, and reconstruction
of drainage improvements to mitigate future
roadway flooding and damage problems,
in those jurisdictions that have been declared
disaster areas by the President of the United States.

These Local Street Repair Program funds
are limited to repairs and maintenance on
the existing roadway and shoulder structural
section. Repairs to adjacent curb and gutter
can be included where necessary to maintain
proper street drainage. Installation of new
sidewalks, bike lanes, or curbs and gutters
are not eligible under this Program. Repairs
to existing public sidewalks may be included
within adjacent street repairs provided such
repairs are necessary to address ADA path of
travel or pedestrian safety issues associated with
tree-damaged sidewalks. Said sidewalk repairs
cannot exceed 20% of the over cost of the street
repair project. Installation of new sidewalks,
bike lanes, or curbs and gutters are not eligible
under this Program. However, other funding
sources including non-Measure C funding or
Measure C funding from the Local Control
Program can be combined with these Local
Street Repair Program funds in order to address
the entire roadway prism under one project.

It is highly recommended that this “combined
funding” approach be utilized whenever
feasible in order to provide the best overall
complete street system for neighborhoods and
to reduce overall costs though combining work
under a single contract.

Roadway restriping in order to repurpose
existing travel lanes for bicycle facilities as a part
of a pavement repair project is allowable as long
as it does not increase the overall paved width.

Funding Allocation
The Local Streets Repair Program consists of
51% of Measure C Renewal Expenditure Plan
revenues estimated to be $3.5 billion over the 30-
year Measure. This slightly exceeds the projected
pavement repair need of $3.2 billion by $300
million; however, the $3.2 billion cost was based
on reaching a PCI of 70 within 20 years, while the
$3.5 billion in revenue will occur over 30 years.

The Authority Board will consider bonding of
future revenues to accelerate this effort; and will
encourage local agencies to consider bonding or
borrowing options in order to advance this work.

The $3.5 billion is intended to reflect potential
bonding costs, as well as the fact it may take
longer than 20 years to reach the 70 PCI target.
11 Funding Allocation Process
A minimum base of $100,000 per year shall be
allocated to each agency, and then the annual
78% population / 22% road mile formula
would be applied to determine the total funding
allocation by local agency under this Program.

Other Requirements
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 average PCI of the streets or roads
within a jurisdiction either exceeds 80, or the
lowest PCI on any street within the jurisdiction
is 70 or higher, Local Street Repair Program
funds in excess of what is needed to maintain
street conditions above a PCI of 70 may be
utilized as Local Control Program funds.

Eligible Projects/Programs
• Street and road maintenance for publicly
owned facilities (pavement and pothole
repair, drainage improvements, other
related improvements) including:
▪ Planning and environmental analysis.
▪ Conceptual and preliminary engineering.
▪ Design engineering (PS&E).
▪ Right-of-way acquisition,
support and relocation.
▪ Utilities relocation.
▪ Construction (rehabilitation, maintenance
and/or reconstruction) of streets and
roads, unpaved roads, and alleys.
▪ Inspection of construction engineering.
▪ Direct staff time (salary and benefits).
▪ Consultants selected consistent with a
local agency selection process.
▪ Construction contractors selected consistent
with a local agency selection process.
▪ Labor, materials, and equipment
for day labor.
▪ Public engagement and
education programs.
▪ Applications of new technologies.
• Privately owned streets and roads are not
eligible for funding under this Program.
12 2
Local Control
Introduction/Purpose
The intent of the Local Control
Program is to recognize:
• Not every community in Fresno County has
the same transportation needs.
• Transportation needs can change over time.
• Local match funding is consistently a
requirement for transportation funding
grant programs; and the larger the match
the more competitive grant applications
typically are.
• A 30-year Measure cannot predict all of the
transportation needs within a community
over that 30-year period; agencies need
flexibility to adapt to changing needs.

This Local Control Program is intended to
give the 16 local agencies in Fresno County
flexibility to respond to each of these situations
and more. It is intended to allow each agency to
determine how to most effectively spend these
transportation dollars. These funds can be used
for projects or services that do not fit well within
the other Measure C Programs, or they can be
used to supplement those Programs if the need is
greater than the funds those Programs provide.

Implementing Agencies
Local Control Program proceeds will be
allocated to each of the 15 incorporated
cities and Fresno County.

Program Disbursement
Process/Requirements
Funding Allocation Process
Allocations made by the Authority to the local
agencies will be based on the approved annual
estimate of 100% population.

Inclusion of Projects
in Approved Budget or
Related Program
Local Control Program transportation projects
or programs shall be included in a local agency
five-year Capital Improvement Program (CIP)
or annual budget, or by a resolution approving
an eligible project or list of projects and/or
programs at a public hearing of each local
agency. Said plans will be furnished annually
to the Authority.

Performance Indicators
Performance indicators include but
are not limited to the following:
• Number of bottlenecks eliminated.
• Additional lane miles.
• Signals and other stop control
devices or signage installed.
• Safety improvements including
vehicles, bikes, and pedestrians.
• Miles of sidewalks built or repaired.
13 • Miles of street lighting installed.
• Number of bridges repaired or upgraded.
• Miles of alleys repaired or paved.
• Intelligent Transportation Systems (ITS)
elements or projects installed.
• Miles of high speed internet underground
conduit installed.
• Timely use of funds.
• Matching funds obtained.

Local Control Program funds utilized for
projects or services contained within one of
the other Measure C Renewal Programs will
also follow the same monitoring, reporting,
and performance criteria established through
these Implementing Guidelines for those
Renewal Programs.

Eligible Projects/Programs
Local Control Program funding can be used
on a wide variety of transportation projects
and services including:
• Pedestrian, trails, and/or bicycle facilities
▪ Bicycle, trail, and/or pedestrian projects
(new facilities or the maintenance of
existing facilities)
• Public transit improvements or services
▪ On-demand service/microtransit.
▪ Americans with Disabilities Act
(ADA), seniors, and/or paratransit
improvements and services.
▪ Bus stop facilities.
• Airports and/or aviation improvements:
▪ Rehabilitate taxiways and hold pads.
▪ Rehabilitate and extend runways.
▪ Install lighting improvements.
▪ Rehabilitate aprons.
▪ Acquire land for approaches.
▪ Noise mitigation programs.
• Opportunity Corridors
• Transit Oriented Development (TOD).
• Electric vehicle (EV) fleet conversion
and/or infrastructure.
• Underground infrastructure to
accommodate internet connectivity.
• Vanpool programs.
• Rideshare programs.
• Litter abatement along streets, roads or
highways.
• Street maintenance, rehabilitation
and/or expansion
▪ Eliminating bottlenecks in existing streets
caused by inconsistent growth patterns.
▪ Additional lanes in street and road projects.
▪ Rehabilitation, maintenance and/or
reconstruction projects.
▪ Signals and other stop control
devices or signage.
▪ Safety improvements; vehicles,
bikes, and pedestrians.
▪ Medians.
14 ▪ Street trees and street landscaping.
▪ Sidewalks and sidewalk repairs.
▪ Street lighting.
▪ Bridges (car and pedestrian).
▪ Alleys (new and maintenance
and repair of existing alleys).
▪ Street striping including centerlines,
fog lines, crosswalks, and bike lanes.
▪ Intelligent Transportation Systems
(ITS) elements or projects.
• ADA Compliance
▪ Curb cuts, ramps, and striping
to remove barriers.
▪ Other improvements necessary to meet
transportation ADA standards and
requirements.
▪ Other special transportation services.
• Supplement Major Roads and Highways,
Safety Improvement and Congestion
Relief Program projects.
• Grade separations.
• Environmental Sustainability
projects or programs.
• Other transportation-related improvements
and/or projects (street sweepers, detour
equipment, etc.).

Full eligibility will be included in the Authority’s
Strategic Implementation Plan (SIP) as described
in the Renewal Expenditure Plan.

Timely Use of Funds
Every three (3) years there will be a compliance
test where jurisdictions must show they have
spent their Local Street Repair Program funds,
however, agencies are allowed accumulate funds
for up to 6-years if needed for match purposes or
for a large project.

If an agency is not in compliance with the 6-year
requirement, the Authority may withhold funds
until the jurisdiction is compliant.

Other Requirements
Streets or roads constructed or reconstructed
under this Local Control Program shall follow
the requirements delineated in the Safe Bike and
Pedestrian Program section of these Guidelines
titled “Requirements Applying to All Facilities
Utilizing Any Measure C Program Funds.”
Reporting Requirements
Agencies will include all planned projects
within their jurisdiction that intend to use
Local Control Program funding in their 5-year
Capital Outlay Plan, as described within the
Local and Neighborhood Streets and Road
Repair Program. This Plan will be submitted
to the Authority on an annual basis.
15 3
Urban and
Rural Public
Transit
Overview/Purpose
The Urban and Rural Public Transit Program
is intended to provide funding for public
transit programs that will encourage people
to minimize single occupancy vehicle trips,
provide enhanced mobility options for seniors,
people with disabilities, and other transit
dependent individuals, and improve air quality.

Improvements to the existing and planned
transit services has gained prominence around
the State and within Fresno County. There are
significant opportunities to fund public transit
improvements using State and federal funds.

The Measure C allocation to this Program will
provide additional opportunities for the local
agencies to leverage State and federal funding.

Approximately twelve percent (12%) of
Measure C Renewal funding is provided
to fund improvements to the existing and
planned public transit systems and facilities
in the urban and rural areas of the County.

Implementing Agencies
Urban and Rural Public Transit proceeds will
be allocated to each of the following agencies:
• Clovis Transit
• Fresno Area Express (FAX)
• Fresno County Rural Transit Agency (FCRTA)
Each of the three transit providers will receive an
annual allocation of Measure C Renewal funding
for the improvement of public transit services.

Fresno COG will receive periodic funding to
update the Regional Long Range Transit Plan.

FAX and Clovis Transit are the urban
transit operators in Fresno County, while
FCRTA provides transit services within the
thirteen (13) rural incorporated cities located
outside the Fresno-Clovis metropolitan area
(FCMA), as well as inter-city transit service,
which focuses on providing transit trips
from the small, incorporated cities and the
unincorporated communities within Fresno
County to the FCMA.
16 Measure C Program
Disbursement Process/
Requirements
Funding Allocation Process
Allocation made by the Authority to the
transit agencies will be:

Agency Allocation
Clovis Transit 10%
FAX 70%
FCRTA 20%
Allocations made to Fresno COG to update
the Regional Long Range Transit Plan will be
reimbursed to the agency considering actual
costs of staff or consultant time and expenses.

Inclusion of Projects
in Approved Budget or
Related Program
Public transit projects shall be included in a
local agency Capital Improvement Program
(CIP) or Annual Budget, or by a Resolution
approving an eligible project or list of projects
and/or programs at a public hearing of each
local agency.

Eligible Projects/Programs
The following projects are eligible for Urban
and Rural Public Transit Program funding:
• Improve urban and rural fixed-route transit
services including operations
▪ Bus rapid transit routes/systems.
▪ Existing transit service and
safety improvements.
▪ Automated fare box systems.
▪ Fleet conversion to evolving clean
propulsion technologies.
▪ American with Disability Act (ADA)/
Seniors 65 Years of Age and Older/People
with Disabilities transit fare subsidy.
▪ Bus stop amenities.
▪ Improved service reliability
and predictability.
▪ Improved urban & rural on-demand
transit services (Dial-a-ride, etc.).
• New/Innovative Public Transit Services/
Systems including operations
▪ Cost effective solutions to improving
mobility in un-served or underserved areas.
▪ Uber/Lyft Services.
▪ On-demand ADA rides
and transit expansion.
▪ Driverless shuttles.
▪ First/Last-mile connections.
▪ Micro Transit—flexible routing
and scheduling.
▪ Shared “rides” such as Green Raiteros,
Van Vien.
▪ Shared “vehicles”—such as vehicle rentals,
Mio Car.
▪ Expanded Senior Scrip program to
include seniors 65 years and older
and people with disabilities.
17 ▪ Micro mobility hubs (designed to provide and
identify a range of connected travel choices).

Other Requirements
• Clovis Transit, FAX, FCRTA
▪ Reduced Public Transit Fare Program for
Seniors 65 Years of Age and Older, Students,
Veterans, and People with Disabilities.
▪ Taxi Scrip Program for Seniors
65 Years of Age and Older.

Performance Indicators
To ensure that Measure C funds are allocated
to effective programs that provide measurable
results in reducing single occupant auto use,
eligible projects, programs, and services will
be evaluated in accordance the performance
indicators and measures process noted below.
• Matching funds obtained.

Urban and Rural Public Transit Operators
are required by California state law to
undergo transit performance audits every
three (3) years. In general, there are six (6)
transit performance indicators that are used
to determine how effectively and efficiently
a transit operator is operating from a fiscal
perspective. Those six (6) performances
indicators, are:
• Operating cost.
• Fare revenues.
• Vehicle service hours.
• Vehicle service miles.
• Number of passengers.
• Number of employees.

There are also nine (9) transit performance
measures, which are derived from these indicators:
• Operating cost per passenger.
• Operating cost per vehicle service hour.
• Operating cost per vehicle service mile.
• Passengers per vehicle service hour.
• Passengers per vehicle service mile.
• Farebox ratio.
• Vehicle service hours per employee.
• Vehicle service mile per vehicle service hours.
• Fare per passenger.

The results of these transit performance
measures vary significantly between the urban
and rural transit operators as their service areas
and customer base are unique. As a result, it
will be necessary to develop detailed transit
performance measures within the Strategic
Implementation Plan (SIP) that will serve as
a companion implementation document to
the Measure C Renewal Expenditure Plan and
to these Guidelines. To ensure development
of quality performance measures for public
transit, it is envisioned that a Measure C Transit
Subcommittee consisting of staff from the
urban and rural transit agencies along with
FCTA, Fresno COG and member agency staff
will be formed to assist with the development
of performance measures. These and/or other
indicators, criteria or objectives will be taken into
consideration to develop performance measures
when evaluating the Urban and Rural Public
Transit Program.
18 4
Safe Bikes and
Pedestrians
Including Safe Routes
to School & Access for
People with Disabilities
Overview/Purpose
The purpose of the Safe Bike and Pedestrian
Program (hereinafter referred to as “Active
Transportation Program”) is to provide
additional funding for bike, pedestrian and
trail facilities and services, and safe routes
to schools that will increase safety, reduce
automobile trips and vehicle miles traveled
(VMT), thereby improving air quality, reducing
greenhouse gas (GHG) emissions, and improving
health. Improvements to the existing and
planned pedestrian, trail, and bicycle 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. The Measure C
Renewal allocation to this Program will provide
additional opportunities for the local agencies to
leverage State and federal funding.

Approximately 1% of Measure C Renewal
funding is provided to fund improvements to
the existing and planned bike, pedestrian and
trail systems.

Implementing Agencies
Active Transportation Program proceeds will
be allocated to each of the agencies listed below.

Each of the cities and the County of Fresno
will receive an annual allocation of Measure C
Renewal funding for the improvement of bike
and pedestrian projects and systems. Fresno COG
will prepare the Regional Active Transportation
Plan (ATP) and FCTA will develop and apply
performance indicators and measures.
• 15 Cities.
• County of Fresno.

Fresno COG will receive periodic funding to
update the Regional Active Transportation Plan.

Disbursement Process/
Requirements
Funding Allocation Process
Allocations made by the Authority to the local
agencies will be based on the approved annual
estimate of 75% population and 25% road miles.

Inclusion of Projects
in Approved Budget or
Related Program
Active Transportation Program projects
shall be included in a local agency Fiveyear Capital Improvement Program (CIP) or Annual Expenditure Plan (AEP), or an
annual budget, or by a resolution approving
an eligible project or list of projects and/or
programs at a public hearing of each
local agency.
19 Master Plan Requirements
By January 1, 2030, all jurisdictions within
Fresno County will have updated their Active
Transportation Plan for trail, bicycle and
pedestrian facilities that promotes connectivity
and complete streets within all of Fresno County
and its urban areas. Measure C Renewal funds
may be used for the following activities:
• Development or update of a local
agency’s Active Transportation Plan.
• Development or update of the Fresno
Regional Active Transportation Plan.

The Active Transportation Plan or Fresno
Regional Active Transportation Plan will be
the guiding documents for upgrade and/or
installation of such facilities.

If any jurisdiction fails to meet this goal, the
allocated funds for the Active Transportation
Program facilities shall be withheld by the
Authority until such time as a jurisdiction
is in compliance.

Exemptions
Local agencies with less than 25,000 population
are exempt from the allocated funds for the
Active Transportation Program. Such funds
would transfer to the Local Control Program.

Allowed Accumulation
of Earmark Funds
Over Five (5) Years
Every five (5) years [six (6) times in 30 years]
there will be a compliance audit where
jurisdictions must certify to the Authority that
they have spent their allocated funds; however,
funds are allowed to accumulate up to a six (6)
year period (if needed) for match purposes or for
a large project--then the spending goals must be
met thereafter. Unused funds may revert to the
Authority for redistribution to other jurisdictions.

Eligible Projects/Programs
The following transportation projects are eligible
for Active Transportation Program funding:
• Active Transportation Plans and Studies
(Local agency staff or consultant services).
• Regional Active Transportation Plan
(FCTA/FCOG staff or consultant services).
• Bikeway, trails, and/or path projects.
• Pedestrian facilities (sidewalks, other).
• Safe Routes to Schools.
• Safety projects.
• Protected facilities.
• Traffic control devices.
• Street or trail lighting.
• Signage.
• Shoulder Improvements.
• Curb ramps, accessible pedestrian signals
(APS), other related improvements.
20 • Public engagement and public
education programs.
• New technology applications.
• Development and application of
performance measures or criteria
by the Authority and Fresno COG.
• Trail maintenance as further defined
in this section.
• Eligible investments would include all
recognized project phases including:
▪ Planning and environmental analysis.
▪ Conceptual and preliminary engineering.
▪ Design engineering (PS&E).
▪ Right-of-way acquisition, support
and relocation.
▪ Utilities relocation.
▪ Inspection of construction engineering.
▪ Direct staff time (salary and benefits).
▪ Consultants selected consistent with a
local agency selection process.
▪ Construction contractors selected
consistent with a local agency
selection process.
▪ Labor, materials, and equipment
for day labor.
• Other Requirements:
▪ Compliance check.
▪ Fund accumulation and noncompliance requirements.
▪ Claims process/disbursements.
▪ Monitoring/reporting requirements.
▪ Audit process.

Allocations for Active
Transportation Facilities
Measure C Renewal funds may be used
for new construction, improvements to
and maintenance of Active Transportation
Program facilities, and for Active
Transportation Plan updates.

Class I, II, III, and IV
Definitions and Eligibility
Requirements
The following definitions apply:
• Refer to Caltrans Highway Design Manual
(HDM) Chapter 1000 for definitions of the
various types of facilities. Class I facilities
are not limited to bicycle use but are also
available for pedestrians. Within these
Renewal Implementing Guidelines and in
the Renewal Expenditure Plan, they will be
referred to as Class I facilities, or bicycle or
shared use paths.
• Rural trails are not required to be Class I facilities.

Rural trails will generally be located in areas
outside of the incorporated cities. Rural
trails will typically be recreational in nature.
21 • Design guidance for rural trails is not well
defined in the HDM. These types of facilities
should follow design and construction guidance
as contained in the 2015 California State Parks
Accessibility Guidelines, or similar guidance
documents. The link is provided below.
https://www.parks.ca.gov/
pages/21944/files/2015%20
california%20state%20parks%20
accessibility%20guidelines.pdf
• Class I bicycle paths and shared use paths
built with Measure C Renewal funds shall, at
a minimum, be designed in accordance with
the design criteria for bicycle paths as set forth
in the California Highway Design Manual
(HDM), Chapter 1000, Bikeway Planning and
Design. Within the Fresno Clovis Metropolitan
Area, Class I facilities built with Measure C
funds shall be twelve (12) feet minimum in
width where physically feasible.
• Within the Fresno Clovis Metropolitan
Area, Class I facilities built with Measure C
Renewal funds shall be built so that at-grade
crossings are limited to one (1) every one-half
(1/2) mile at signalized intersections for new
developments provided that this does not
violate property owner rights.
• Class I facilities built within existing
neighborhoods shall be built so that midstreet crossings on collectors, arterials, super-arterials or expressways should
be either (a) controlled by an at-grade
pedestrian waiting mechanism, signalized
or otherwise flashing crossing or alternative
warning devices, or (b) built with a grade
separated crossing when these are warranted
due to pedestrian or bicycle safety risks.
• Up to 20% of the jurisdiction’s Active
Transportation Program allocation may be
allocated to the maintenance of Class I facilities.
• Jurisdictions shall certify to the Authority
that these guidelines have been met in the
utilization of Measure C Renewal funds.
• Class 2 bikeways (bike lanes) and Class 3
bikeways (bike routes) will be designed and
installed in accordance with the California
Highway Design Manual (HDM), Chapter
1000, Bikeway Planning and Design, and the
California Manual on Uniform Traffic Control
Devices (CA MUTCD).
• Class 4 bikeways (separated bikeways/
cycletracks) will be designed and installed in
accordance with Caltrans Design Information
Bulletin 89.
• Any new or modified types of facilities are
eligible for Active Transportation Program
funding provided they are included in any
future revision of the Caltrans HDM or
related design guidance.
22 Requirements Applying to
All Facilities Utilizing Any
Measure C Program Funds
All streets and roads constructed or improved
in whole or in part with Measure C Renewal
funds shall include “Complete Street” features.

A complete street is defined as a transportation
facility that is planned, designed, constructed,
operated, and maintained to provide comfortable
and convenient mobility, and improve accessibility
and connectivity to essential community
destinations for all users, regardless of whether
they are travelling as pedestrians, bicyclists,
public transportation riders, or drivers. Streets and
roads that utilize the Local Street Repair Program
funds for maintenance and repair of streets are
encouraged to include complete street elements
that do not require additional pavement width.
• New Pedestrian Facilities
▪ Every highway, expressway, super-arterial,
arterial or collector (exempting freeways)
within the urbanized areas throughout the
County that is constructed or reconstructed
in whole or in part with Measure C Renewal
funds shall include sidewalks, paths, walkways,
or equivalent facilities on both sides
of the street, road, or highway for use by
pedestrians. Reconstruction projects
accomplished exclusively through the
Local and Neighborhood Street Repair
and Maintenance Program are exempt
from this requirement but are encouraged to
utilize other funding sources to provide these
pedestrian facilities where none currently exist.
▪ Facilities built and maintained by the State
of California and projects, which are either
for routine maintenance or traffic safety
purposes, are exempt from this requirement;
however, Caltrans should be encouraged to
implement these features where feasible and
consistent with Caltrans regulations.
▪ Expressways constructed in an urban area
can meet this requirement by including a
sidewalk, paths, walkways or equivalent
facility on one side of the roadway.
• New Bicycle Facilities
▪ Every highway, expressway, super-arterial,
arterial or collector within the County
constructed in whole or in part with
Measure C Renewal funds shall include
accommodations for bicycle travel by a
striped shoulder with a minimum width
of four feet (4’). This 4’ shoulder may be
provided as a bike lane or a cycletrack.

If an existing highway, expressway, superarterial or collector is reconstructed and said reconstruction includes pavement
widening, that project will also be subject
to this requirement. Reconstruction projects
accomplished exclusively through the Local
and Neighborhood Street Repair and
Maintenance Program are exempt from
this requirement but are encouraged to
utilize other funding sources to provide these
bicycle facilities where none currently exist.
23 ▪ Likewise, all such roadways within the
County receiving pavement reconstruction
(without pavement widening), rehabilitation
or an overlay, slurry seal, chip seal, or
seal coat funded in whole or in part with
Measure C Renewal funds shall include
accommodations for bicycle travel by a
striped shoulder with a minimum width
of four feet (4’) unless there is insufficient
pavement width. This 4’ shoulder may be
provided as a bike lane or a cycletrack.
▪ On a multilane roadway, conversion
of travel lanes to bicycle facilities is
eligible and recommended provided
the responsible agency has made a
determination that excess roadway
capacity exists and that the bicycle
facilities are allowable.

Maintained Pedestrian
or Bicycle Facilities
Any maintenance to a street, road, or highway
funded in whole or in part by Measure C Renewal
funds shall, at a minimum, maintain the existing
level of pedestrian and bicycle access, facilities
and safety features along and across the street,
road, or highway.

Exceptions to the
Requirements
The above requirements shall not apply if the
constructing agency, after a properly noticed
public hearing, determines that one (1) or
more of the exceptions listed below exists.

The public hearing notice shall include a
statement clearly declaring that the purpose of
the hearing is to review bicycle and pedestrian
facility exception(s) for a proposed project using
Measure C Renewal funds and identifying the
specific exceptions. The exceptions are:
• The provision of pedestrian and/or bicycle
access is contrary to public safety.
• An alternative route already exists, or will be
built as part of a project, which is equal or better
in terms of safety, distance and travel time.
• The cost of the facilities would be
disproportionate (exceeding 20%
of the cost of the overall project).
• Sparse population or other measurable
factors indicate an absence of need.
• Significant adverse environmental effects
would result from the inclusion of the
facilities in the project.
• Opposition by two-thirds (2/3) or more of
the property owners whose property lies
directly adjacent to the facilities.
“Constructed” is defined as the construction of
a new roadway or portion of a roadway that
did not previously exist including projects to
increase the capacity of an existing street or road.

For the purposes of this section, “Reconstructed”
is defined as the existing full improvement of an
existing roadway, but which does not include
additional lane capacity. Reconstruction may or
may not include shoulder widening.
24 For the purposes of this section “Urban Areas” is
defined as the Fresno Clovis Metropolitan Area
and the incorporated cities of Fresno County.

Flexibility if Needs Are Met
In 2032, 2037, 2042, 2047, and 2052
the Authority will review the status of all
jurisdictions’ Active Transportation Plans.

If the Authority determines at a public hearing that
a jurisdiction’s Active Transportation Plan is less
than five (5) years old when last adopted, and the
Active Transportation Plan has been completed
at each of these five-year marks, the allocation
requirements are suspended until the next
evaluation and funding will revert to the overall
Local Control Program of the local jurisdiction.

Bicycle and Pedestrian
Facilities Maintenance
“On-going Maintenance” is defined as including:
• Tree and shrub trimming, tree stake retying,
replacement, or removal.
• Fertilizing and weed control chemicals and
their application.
• Weed removal.
• Potholes, breaks in the asphalt surface, or
tree root uplifting.
• Irrigation system repair and upkeep (repair
breaks, missing heads).
• Repair or reset timers.
• Replace or repair stolen or damaged wires.
• Litter removal.
• Replace burned out light bulbs.
“On-going Maintenance” does not include:
• Resurfacing of asphalt except to do spot repairs
from things such as a broken water line.
• Restriping any median lines.
• Installing or replacing signing.
• Paying for the cost of water or electricity.
• Maintenance at adjacent trail heads or parks.

Performance Indicators
Performance indicators include but
are not limited to the following:
• Miles of missing “path of travel” completed.
• Miles of Safe Routes to Schools completed.
• Miles of new bike Lanes, paths, or trails.
• Miles of trail or bike lanes maintained.
• Miles of new bike lanes included
on new road projects.
• Timely use of funds.
• Cost per mile.
• Matching funds obtained.
25 5
Major Roads
& Highways,
Safety
Improvement
& Congestion
Relief
Purpose
The Major Roads and Highways, Safety
Improvements and Congestion Relief Program
identifies priority regional street, road and
highway improvement projects to be implemented
over the life of the Measure C Renewal Program.

These projects will be funded with Measure C
Renewal and/or other transportation funding.

Projects within this program are considered to be
of regional significance.

Eligible Agencies
Eligible agencies for this program include the 15
incorporated cities, Fresno County, the Fresno
Council of Governments (Fresno COG, the
Fresno County Transportation Authority
(FCTA or the Authority), and Caltrans.

Program Implementation
Implementing Agencies will be designated
for each of the regional projects included
on the Tier 1 Urban or Rural Project List prior
to beginning project development activities.

The Implementing Agency will generally be the
owner of the facility; however, it may also be the
sponsoring agency for a project that is not a part
of their system. The Authority may also choose
to be the Implementing Agency for a project
on facilities owned by others. The owner of the
facility must agree to another agency assuming
the role of Implementing Agency.

Definitions
Projects within this Program are generally on
the State Highway System, as those facilities
are regional by nature; however, projects can
also include those on major local arterials
that serve more than one city or area of the
county. Fresno Yosemite International (FYI)
Airport is also included as a regional facility,
as it facilitates passenger and freight travel
from throughout Fresno County to state,
national, and international destinations.

Eligible Project Lists
The Renewal Expenditure Plan contains Tier
1 and Tier 2 Project Lists for both urban and
rural areas of the County. The Tier 1 projects
are part of 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 Project Lists
are both slightly over committed. The Tier 1
and Tier 2 lists are included as Tables 4 through
7 in the Renewal Expenditure Plan. Over
committing of Tier 1, not to exceed 25% of the
overall funding target, is included in the list
of Tier 1 projects. All Tier 1 projects are high
26 priority, and any uncompleted projects would
very likely become high priority for the second
15 years of Measure C Renewal funding. Over
committing allows the advancement of critical
projects through the project delivery process
so that they are ready for funding as it becomes
available. Over commitment also allows agencies
to take advantage of future potential funding
opportunities that cannot be anticipated or
quantified at this time.

The Renewal Expenditure Plan contains $35
million for improvements at FYI Airport, with
$14 million of this funding being available in
the first 15 years and with the remainder in the
second 15-year period. The City of Fresno will
determine the priority projects for this reserve
funding. If requested by the City of Fresno, the
FCTA Board may consider advancing airport
revenues from the second half on the measure
into the first 15 years.

Flexibility and Plan
Modifications
Fresno COG and FCTA will conduct
biennial Major Roads and Highways, Safety
Improvements and Congestion Relief 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
FCTA will identify projects from the Tier 1 lists
for the first seven (7) 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 FCTA will identify projects from the Tier 1
lists for years eight through fifteen (8-15) of the
Measure C Renewal Program; again, based on
relative priorities, deliverability, and cash flow.

Beginning no later than 2041, Fresno COG and
FCTA will develop and 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 Renewal. No later
than June 30, 2042, Fresno COG and FCTA will
adopt a list of urban and rural projects to be
funded during the second half of the
Measure Renewal.

The FCTA Board may consider bonding
of future revenues if project needs, and
deliverability exceed cash flow.

Regional Transportation
Mitigation Fee
Program (RTMF)
The Measure C Renewal Expenditure Plan sets
forth requirements related to implementation
of the Regional Transportation Mitigation Fee
(RTMF) Program. The Measure C ballot in
2006 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.
27 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.

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.

The RTMF Program 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 ensures that
growth and development pay for their fair share
of impacts to the county’s transportation facilities.

The RTMF Program can only be used to mitigate
transportation impacts related to growth; it cannot
be used to address existing deficiencies.

Funding Allocations
Each Implementing Agency will request
project funding from the Authority, which
will be provided through a Cooperative
Funding Agreement. These agreements will
allocate funding for the initial project phase(s).
28 As the project progresses and additional funding
is necessary to proceed to subsequent phases,
the agreement will be amended to reflect
the additional costs. All funding agreements
reimburse Implementing Agencies for funds
expended. The agreements do not provide
agencies with advanced funding.

Other Requirements
Implementing Agencies will be required to report
project progress on an on-going basis to the
Authority. Projects requiring cost increases not
associated with subsequent project phases must
be thoroughly justified by the Implementing
Agency. A funding agreement amendment must
be approved prior to expending funds beyond
the approved project budget.

Implementing Agencies will furnish, install and
maintain project funding signage recognizing the
Measure C Renewal funding contribution. Details
of said signage will be contained in the SIP.

All major roads and highways constructed,
improved, or reconstructed under this Program
shall follow the requirements delineated in the
Safe Bike and Pedestrian Program section of these
Guidelines titled “Requirements Applying to All
Facilities Utilizing Any Measure C Program Funds.”
Performance Indicators
and Measures
Performance indicators and measures may
include but are not limited to the following:

Indicator Performance
Measure
Reduce vehicle miles
traveled (VMT)/capita.

Transit trips, average
vehicle occupancy on
project, change in jobs
+ dwelling units, change
in land use diversity,
and neighborhood
services accessibility.

Reduce congested
VMT/capita
Congestion severity, travel
time reliability, growth in
project corridor
Increase multi-modal
travel
Transit person-trips
on segment, street
connectivity, bike
network connection,
transit activity,
residential mode split.

Economic prosperity: jobs Job access, job growth
Economic prosperity:
schools
School access, school
enrollment
Economic prosperity:
agriculture
Acres of ag land
near project
Improve freight
movement
STAA truck route status,
truck mode, industrial
jobs share, industrial
job growth
Safety Total collisions,
Collision rate, bike/ped
collision & rate
Maintain State of
Good Repair
SHOPP, PCI, volumes
Socioeconomic Equity EJ population, EJ
percent, EJ accessibility
Matching funds
obtained
29 6
Environmental
Sustainability
Nationwide, the San Joaquin Valley suffers
the worst air quality for certain pollutants.

Tailpipe emissions, agriculture, industry and
the geography of the Valley have resulted in
high concentration of ozone and particulate
matter that lead to a disproportionately high
rate of respiratory diseases such as asthma.

The Valley has also experienced severe drought,
wildfire, flash flooding, and prolonged tripledigit summer temperatures that have been exacerbated by climate change. Transportation
sector contributes far more than 40% of the
greenhouse gas (GHG) emissions.

In order to respond to the State’s goals of
GHG reduction, and to improve air quality
in the Fresno region, the Environmental
Sustainability Program addresses these issues
by providing funding for programs and projects
that would increase the vehicle electrification
rate, enable new technologies, facilitate nonsingle-occupancy-vehicle travel, and encourage sustainable land use development. In addition,
in order to preserve the transportation
investments made by the voters in Fresno
County, and maintain a livable and enjoyable
living environment, this Program also provides
funding to encourage local agencies and Caltrans
to remove litter from the roadways.

Providing a separate Renewal Program for
environmental sustainability in no way implies
these are the only funds within the Measure C
Renewal Program dedicated to these purposes.

In fact, each of the previous five (5) Renewal
Programs all contain elements or provisions
to improve air quality and reduce GHG
emissions. This Program will provide funds
over and above those contained within those
other Renewal Programs.

The agencies listed below are eligible for
Environmental Sustainability Program funding.

Private sector, non-profit organizations, or other
government agencies may also apply through
a sponsoring local government agency where
the project is located. The agencies listed below
would be considered the Implementing Agency
for each eligible project.
• 15 Incorporated cities within Fresno County.
• County of Fresno.
• Fresno Council of Governments.

Typically, the 16 local agencies in Fresno
County would be the primary applicants
for these funds; however, some projects or
programs may be of a more regional nature,
in which case Fresno COG or FCTA may be
the logical applicant.
30 Funding Disbursement
Process/Requirements
All the projects or programs under the
Environmental Sustainability Program are
competitive. Specific implementation policies
and guidelines will be developed for each project
type or program following Measure C Renewal
approval by the voters.

Eligible Projects
and Programs
Clean Energy
Approximately $22 million (.32% of the
Measure) is dedicated to this program.
• Charging stations, hydrogen fueling, CNG, etc.
• Regional Zero-Emission Vehicle Readiness
and Implementation Plan (FCTA/FCOG
staff or consultant services).
• Local agency Zero-Emission Vehicle
Readiness and Implementation Plans.
• Clean vehicle power support facilities.
• Microgrid/solar EV battery charging.
• Other clean transportation projects
or programs.

Travel Choice
Approximately $20 million (.29% of the
Measure) is dedicated to this program.
▪ Micro mobility hubs (are designed
to provide and identify a range of
connected travel choices).
▪ Innovations in micro mobility
(bicycles, e-bikes, electric scooters,
electric skateboards, shared bicycles,
and electric pedal assisted bicycles).
▪ Rideshare, and car and vanpool programs
▪ Increased opportunities for telecommuting.
▪ Broadband infrastructure for telecommuting
and education facility purposes.

Future Technologies
Approximately $40 million (.59% of the
Measure) is dedicated to this program.
▪ Other new technology applications.
▪ Future technology improvements.

Transit Oriented
Program (TOD) and
Opportunity Corridors
Approximately $45 million (.66% of the
Measure) is dedicated to this program
TOD grants provide funding for transportation
facilities in new or revitalized developments that
support increased demand for transit with higher
density and mixed land use. TOD developments
reduce our dependence on the automobile by
providing funding incentives for more public or
alternative transportation.

The Measure C Renewal Program and its goal
of vibrant communities that are accessible by
sustainable transportation options, is integrally
linked to the implementation of the Regional
Transportation Plan/Sustainable Community
Strategy (RTP/SCS). The selected RTP/SCS
scenario will achieve the goals of reducing sprawl
while supporting higher densities in urban areas
with high quality public transit options.
31 As an example, the Fresno Opportunity Corridors
(FOC) plan was developed as a part of the DRIVE
initiative and is aimed at helping implement the
Measure C Renewal Program, RTP/SCS and the
Fresno General Plan. FOC has the potential to
receive hundreds of millions of dollars from State,
federal and philanthropic sources needed to build
intense high quality equitable transit-oriented
development (eTOD) with affordable housing
and other desirable mixed-uses along eleven (11)
miles of complete multi-modal streetscapes in
central and south Fresno. It is also a model for all
cities in Fresno County and the Valley that want
vibrant places along their key corridors designed
as high activity mixed-use centers that better meet
the health, housing, jobs, business, recreation
and transportation needs of their stakeholders
while producing significant reductions in VMT
and GHGs and improving environmental quality,
fiscal efficiency, and many other opportunities.

Litter Abatement
Approximately $10 million (.15% of the
Measure) is dedicated to this program.

Matching funds would be available on a
one-for-one basis to secure Caltrans funding
for increased litter abatement activities. Onehalf of the matching funds would come from the Measure C Environmental Sustainability
Program and one-half would come from
any Measure C eligible agency that chooses
to participate in the program.

Enhanced litter abatement would be limited to
State highways in order to maximize Caltrans
funding. In addition, the local matching funds
for litter abatement would be eligible within the
Local Control Program. Participating agencies
may also provide a soft match in the form of
time and materials.

Eligible Investments
Eligible investments would include all
recognized project phases including:
• Planning and environmental analysis.
• Conceptual and preliminary engineering.
• Design engineering (PS&E).
• Right-of-way acquisition,
support and relocation.
• Utilities relocation.
• Construction of any transportation-related
project including alleys and unpaved roads.
• Inspection of construction engineering.
• Direct staff time (salary and benefits).
• Consultants selected consistent with a local
agency selection process.
• Construction contractors selected consistent
with a local agency selection process.
• Labor, materials, and equipment for day labor.
32 Project Requirements
clean energy
This program would fund clean and alternative
energy projects such as hydrogen fueling,
electric charging, compressed natural gas
(CNG), projects etc., that reduces the
production of GHG and priority pollutants.

Local governments and other entities are
encouraged to develop plans and deploy such
clean energy projects systematically. When
developing such plans, entities are encouraged to
reach out to communities and solicit input from
the public and the users. With a few possible
exceptions to be determined by the Authority
and its staff, clean energy projects do not include
power generation or distribution facilities.
travel choice
This program would fund micro-mobility and
other projects that would reduce the use of
private automobiles. Micro-mobility refers to
a combination of small and low- speed
vehicles and conveyances that are electric or
human-powered and that are either privately
owned or part of a shared-fleet. This program
will also provide funding for programs or
infrastructure that would facilitate
telecommute and for support of car and
vanpool programs.
future technologies
This program would fund future unforeseen
technologies that have potential for broad
benefits to Fresno County residents, assisting
the region in meeting its air quality goals. These
should be projects of regional significance in the
areas of research, development, demonstration,
and deployment that will advance public transit
or transportation systems. These new technologies
could focus on technological advances in public
systems, safety features, fuel efficiencies and
alternatives, ITS applications, and education
or information dissemination. They may also
promote passenger safety and satisfaction, attract
customers, improve capital and operating
efficiencies, reduce environmental and air
pollution, and ease dependence on fossil fuels.

Transit Oriented
Development (TOD)
This program was created as part of the
2006 Measure C Extension Plan. The goals
of the Measure C Renewal TOD program
are intended to support community-based
housing projects that are transit friendly:
• Are developed through an inclusive
planning process with broad privatepublic partnerships and outreach. • Improve the range of transportation choices
by supporting transit facilities and improving
links between facilities and activity nodes.
• Support well-designed, high-density
housing and mixed uses near transit.
• In addition to encouraging transit supportive
land use surrounding the high-capacity transit
corridors to boost transit ridership in the Fresno
County region, the TOD program also strives to
support livable, viable and sustainable transitoriented healthy communities that promote walking, biking, and the use of public transit
and reduce private vehicle dependence. Such
33 TOD communities promote health and wellbeing and reduce risks for chronic diseases such as obesity, diabetes, and heart disease.

The projects funded by the TOD program
serve as models that reduce vehicle trips,
improve air quality, and provide access to
physical activity opportunities through
integrated land use and transportation planning.

The TOD program provides funding to
three types of projects/programs that are
competitive based:
• Transportation infrastructure improvements to
transit facilities to encourage safety and access
to transit facilities, support in-fill development
or revitalization, reduce traffic congestion at
transit stations, and provide for a wider range
of transportation choices and improved internal
mobility. Funds may be used for preliminary
design and environmental studies, engineering,
land acquisition, and construction.
• Planning Program or matching money to
identify nodal transit sites on transit corridors
for transit-oriented development, planning
retrofit for existing neighborhoods, downtowns,
commercial cores, and transit station areas
and stops in order to create access to transit
and mixed-use development in transit friendly
environments. The community planning
process would result in transportation/landuse concept plans; streetscape design concept plans, environmental studies, detailed drawings,
construction cost estimates, and implementation
plans for specific capital projects.
• Housing in-fill incentive programs would
reward local governments for encouraging
developers to build compact designs with higher
housing densities, affordable and accessible
housing, and mixed uses that are characteristic
of well-implemented Transit Oriented Design
found in other cities’ developments in proximity
to transit stops. Local government agencies may
spend funds to supplement development fees or
on a capital project that supports new housing
development connections to transit.

Litter Abatement
Litter along the region’s freeways, highways,
and major arterials has been an on-going
issue for Fresno County and its communities.

This activity can provide matching funds to
leverage additional resources for abatement,
public education or additional community
or government resources (Caltrans or other
government agency grants).

Other Requirements
Grant application processes will be developed for
these competitive programs and will include:
• Monitoring and reporting requirements.
• Audit process.
• Performance indicators.
34 Performance Indicators
and Measures
Performance indicators and measures will
be developed as a part of the competitive
program criteria and will include:
• Matching funds obtained.

Citizen
Oversight
Committee
Committee Purpose
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 published within the
Measure C Annual Report for public review.

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 increase
committee membership and participation.

The purpose of the COC is to inform the
public and to ensure that the Measure C
funding program revenues and expenditures
are spent as promised to the public.

Administrative Issues
Committee Formation
• The Committee will be formed within 6
months upon the effective date of the 2022
Measure C Extension. (July 1, 2027).
• The Citizen Oversight Committee
(Committee) shall not be amended
out of the Expenditure Plan.
• Meetings will commence when Measure C
Extension revenues are recommended
for expenditure, including Expenditure
Plan updates.

Selection and Duties
of Committee Chair
and Vice Chair
• The Committee shall select a Chair and Vice
Chair from the members, each of whom
shall serve a one (1) year term.
• The duties of the Chair will be to call meetings,
set agendas, and preside over meetings.
• The duties of the Vice chair will be to
perform the same duties described
above in the absence of the Chair.

Committee Meetings
• The Committee will hold one formal
meeting annually, with additional meetings
scheduled as needed by the Committee.
• All Committee meetings must be held
in compliance with the Brown Act.
• All meetings will be conducted
as per “Robert’s Rules of Order.”
35 Subcommittee Requirements
• The Committee may elect to form
subcommittees to perform specific
parts of its purpose.
• All subcommittees shall have an odd number
of members so that tie votes are less likely.

Committee Membership
and Quorum
Membership
The Committee shall be composed of eleven
(11) members including:
• Six (6) at-large public members:
▪ Membership must represent each one
of the five Fresno County Supervisorial
Districts; and
▪ Three (3) must reside in the Fresno-Clovis
Metropolitan Area (FCMA); and
▪ Three (3) must reside in areas outside the
FCMA, one from the east side, one from the
west side and one from an unincorporated
area of the county.
▪ Five (5) members who must represent
a diverse mix of interested community
organizations. The members are expected
to provide a balance of viewpoints.

Quorum
• A Quorum will be the majority
of active members.
• An action item of the Committee may
be approved by a simple majority of the
quorum present.

Membership Selection
Selection Committee
Oversight Committee members will
be selected by the Fresno Council of
Governments Policy Board (the 15 mayors
within Fresno County and the Chair of the
Fresno County Board of Supervisors).

Recruitment Process
• Each year as terms expire or as vacancies
occur, annual postings of membership
openings will be noticed 60 days in advance
of the application process pursuant to Public
Utilities Code Section 99238.5.
• Potential members must submit an
application to the Selection Committee.
• The Selection Committee will screen all
applications and approve candidates for
membership on the Committee.

Term of Membership
• Terms of membership will be for four (4) years.
• Members may serve consecutive terms.
• Members will receive compensation in the
amount of $50 for each meeting attended.
• No proxy voting will be permitted.
36 Eligibility
• U.S. citizen 18 years of age or older
who resides in Fresno County.
• Not an elected official at any level government.
• Not a public employee from Fresno County,
nor of any of the incorporated cities, in
Fresno County, Caltrans, the Fresno County
Transportation Authority (Authority), or the
Fresno Council of Governments (Fresno COG).
• Restricted to individuals without economic
interest in any of the Authority’s projects.

Staffing
• Fresno COG will staff the Committee and
provide technical and administrative assistance
to support and publicize the Committee’s
activities, with the staff assignment subject to
approval of the Committee.
• Fresno COG services and any necessary
outside services will be paid using the Fresno
County Transportation Authority’s Measure C
Extension Administration Program revenues.
• Expert staff may be requested to provide
information and make presentations to the
Committee, as needed.
• The cities and County of Fresno shall each
provide to the Citizen Oversight Committee,
on an annual basis for a specific time period
prescribed, and in a timely fashion, a specific
report on the local jurisdiction’s planned
budget for Measure C fund expenditures and
financial report on the use of those funds.
• The precise format of the report may be
based on similar report formats for other
jurisdictional monitoring but must be separate
from the comprehensive agency budgets and
general and enterprise fund financial reports of
the cities and the County of Fresno and will be
prescribed by the Citizen Oversight Committee.

Responsibilities
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.
37 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.

A copy of the implementing guidelines is available at:
www.measurecrenewal.com
RESOLUTION NO. 2585
__________________________________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

SUPPORTING THE MEASURE C RENEWAL EXPENDITURE PLAN
__________________________________________________________ WHEREAS, since 1986 Measure C has provided funds to improve transportation throughout Fresno County, including the City of Fowler; and
WHEREAS, in the 20 years since approved by the voters in 2006, Measure C has or will have provided over $600 million in Local Control funding that the cities in Fresno County, and Fresno County itself, have used to improve streets, sidewalks, and other transportation facilities and services; and
WHEREAS, Measure C has improved state highways throughout Fresno County, including those used extensively by Fowler residents; and
WHEREAS, Measure C provides or will provide nearly $300 million for public transit throughout Fresno County including urban services within the Fresno Clovis metro area, and rural services in the smaller communities and unincorporated areas; and WHEREAS, currently available funding has not been sufficient to address all critical transportation issues in the City of Fowler; and
WHEREAS, two committees with broad representation across Fresno County developed a proposed plan to extend Measure C another 30 years; and WHEREAS; on July 7, 2022, the Fresno Council of Governments (COG) approved this proposed Expenditure Plan; and
WHEREAS, on July 20, 2022, the Fresno County Transportation Authority (FCTA) adopted the Expenditure Plan approved by COG; and
WHEREAS, this Measure C Renewal Expenditure Plan, upon approval of the ballot measure by voters, is projected to provide nearly $5 billion over 30 years to the 15 cities and Fresno County for local transportation improvements, as determined by each City Council or the Board of Supervisors; and
WHEREAS, the Expenditure Plan is projected to provide over $3.5 billion to fix local roads and repair sidewalks, $812 million for urban and rural public transit, $76 million for safe bikes and pedestrians, $998 million for major roads and highways safety improvements and congestion relief, $144 million for environmental sustainability projects, and over $1.2 billion in Local Control funding for addition street repairs, enhanced transit, additional bike lanes and sidewalks, and many other transportation projects and services; and WHEREAS, under this Expenditure Plan, the City of Fowler will receive $29.4 million in direct local transportation funding.

NOW, THEREFORE,
IT IS HEREBY RESOLVED that the Fowler City Council recognizes the benefits Measure C has brought to Fowler and is in support of renewing Measure C for an additional 30 years in order to continue to improve transportation facilities and services in the City of Fowler, and in Fresno County as a whole; and
IT IS FURTHER RESOLVED that, by adoption of this resolution, the City of Fowler approves the Expenditure Plan previously approved and adopted by COG and FCTA.

The foregoing Resolution is duly adopted on August 2, 2022, by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________________
Mark Rodriquez, Mayor Pro Tem
ATTEST:
_____________________________
Angela Vasquez, Deputy City Clerk

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-L

REPORT TO THE CITY COUNCIL
August 2, 2022
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
APPROVE a Professional Services Agreement with Robina Wright Architect and Associates, Inc. in the amount of $49,000 for on-call plan check and inspection services through June 30, 2023

RECOMMENDATION
Staff recommend City Council approve a Professional Services Agreement with Robina Wright Architect and Associates, Inc. in the amount of $49,000 for on-call plan check and inspection services through June 30, 2023

BACKGROUND
On-call plan check services are utilized intermittently based on the size of a plan check project, complexity of the review involved, certifications necessary to conduct the plan check, and staff time required to complete the plan check in a timely manner. On-call plan check services are utilized once a project is submitted by a developer, and all on-call plan check expenses are fully offset by the City’s plan check fees. In addition, the City’s plan check fees also cover City staff time and overhead related to plan check processing.

On-call inspection services are used to supplement inspection staffing due to the current volume of construction activity in the City. On-call inspection services are offset by the City’s building permit inspection fees. Due to the current construction market, staff contract with various firms for plan check and inspection services in order to obtain the most responsive services, and the best value.

Approve a Professional Services Agreement with Robina Wright Architect and Associates, Inc.

August 2, 2022

Page 2 ends

Under the prior administration, plan check providers were not engaged under contract. Pursuant to the procurement policy, since the City’s total ongoing relationship across fiscal years exceeds the City Manager’s $49,000 purchasing authority, staff are bringing forward an agreement for City Council consideration. In fiscal year 2021-22, this vendor was paid $59,360.

ENVIRONMENTAL REVIEW
This does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
The cost of on-call plan check and inspection services are fully offset by plan check and inspection fees paid by developers.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Agreement

CITY OF FOWLER

CONTRACT SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
This Contract Services Agreement for Professional Services ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and Robina Wright Architect and Associates, Inc. ("Vendor"), a California Corporation, with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on the last date indicated below ("Effective Date").

RECITALS
A. City desires to engage the services of a qualified vendor for plan check and inspection services more fully described in Exhibit A, which is attached hereto and incorporated by reference.

B. Vendor is engaged in the business of providing these Services and hereby warrants and represents that Vendor is qualified, experienced, and capable of providing these Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary thereto.

C. City desires to contract with Vendor to provide these Services on the terms and conditions as set forth in this Agreement.

Now, therefore, in consideration of the promises and mutual agreements herein, City and Vendor agree as follows:

AGREEMENT

1. Scope of Work. Vendor agrees to perform the services as more fully described in Exhibit A attached hereto and incorporated herein by reference (“Services”). Changes in the scope of Services, including work incidental to the Services, shall be made in writing and particularly describe the changes in Services, payment/costs, and schedule/term, as applicable.

2. Schedule. City and Vendor shall mutually agree on a schedule for performing the Services. The schedule shall be subject to modification based on the City’s operational needs. City will notify Vendor in advance of any modification to the schedule.

3. Term of Agreement; Commencement of Services. The term of this Agreement shall begin on the Effective Date and shall terminate on June 30, 2023, unless extended by mutual written agreement of the Parties. Notwithstanding the preceding sentence, this Agreement may be terminated during the term in accordance with Section 17 herein.

4. Payment for Services. City shall pay Vendor for the Services performed pursuant to this Agreement as follows: time and materials, per Exhibit A. The total amount paid by City to Vendor pursuant to this Agreement shall not exceed forty-nine thousand dollars ($49,000).

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Vendor for Services satisfactorily performed pursuant to this Agreement. Vendor shall submit an invoice to City containing detailed billing information regarding the Services provided and City shall tender payment to Vendor within thirty (30) days after receipt of invoice.

5. Independent Contractor Status. Vendor and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Vendor is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business. Vendor is free from 2 the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Vendor’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Vendor’s employees or subcontractors, any claim or right of action against City.

6. Vendor Representations; Standard of Care; Compliance with Law. Vendor represents that Vendor and any subcontractors utilized by Vendor are and will be qualified in the field for which Services are being provided under this Agreement, and Vendor and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Vendor and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including anti-discrimination and anti-harassment laws. Vendor shall comply with all Labor Code requirements for public works projects if applicable to Vendor’s work under this Agreement.

7. [Reserved]

8. Subcontractor Provisions. Vendor shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Vendor owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Vendor; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Vendor is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

10. Record Keeping; Reports. Vendor shall keep complete records showing the type of Services performed. Vendor shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Vendor and its subcontractors for inspection and audit purposes.

Vendor shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Vendor under this Agreement.

11. [Reserved]

12. [Reserved]

13. City Name and Logo. Vendor shall not use City's name or insignia, photographs relating to the City projects or work for which Vendor’s services are rendered, or any publicity pertaining to the Vendor’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.

14. Conflicts of Interest. Vendor warrants that neither Vendor nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Vendor’s or its employees’ performance of the Services. Vendor further warrants that neither Vendor nor any of its employees have real property, business interests or income that will be affected by the Services. Vendor covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Vendor shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. 3 15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Vendor, or any successors in interest, in the event of a default or breach by City for any amount which may become due Vendor or its successor, or for any breach of any obligation under the terms of this Agreement.

16. City Right to Employ Other Vendors. Unless Exhibit A specifically provides that the Services City seeks pursuant to this Agreement are exclusive to Vendor, this Agreement and the performance of the Services are non-exclusive and City reserves the right to employ other vendors or contractors in connection with the Services while this Agreement is in effect.

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Vendor. Upon receipt of a termination notice pursuant to this subsection, Vendor shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Vendor: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach.
c. Compensation to Vendor Upon Termination. Vendor shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Vendor’s compensation has not become due, Vendor shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Vendor’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon termination of this Agreement, Vendor shall promptly discontinue all Services affected, unless the notice of termination directs otherwise.

18. Insurance. Vendor shall satisfy the insurance requirements set forth in Exhibit B.

19. Indemnity and Defense. Vendor hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Vendor or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Vendor and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

20. Taxes. Vendor agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Vendor as a result of the sale of the Equipment and/or performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Vendor, its employees, agents, and representatives. Vendor agrees to obtain and maintain a business license from City and pay the applicable business license fee to City during the term of this Agreement.
4 21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Vendor without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Vendor shall not assign the payment of any monies due Vendor from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Vendor directly to Vendor.

22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery. d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.

23. Entire Agreement. This Agreement, including any referenced Exhibits, represents the entire agreement between City and Vendor and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein.

24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

25. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

26. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Vendor in the County of Fresno, California. Vendor shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor 5 shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

30. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

31. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.

32. Non-Discrimination. Contractor shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Contractor employees or applicants for employment. Contractor shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

Now, therefore, the City and Vendor have executed this Agreement on the date(s) set forth below.

ROBINA WRIGHT ARCHITECT CITY OF FOWLER
AND ASSOCIATES, INC.
4025 North Fresno Street #107 128 South 5th Street
Fresno, CA 93726 Fowler, CA 93625
__________________________
Robina Wright Wilma Tucker
President City Manager
Date: Date:
6 EXHIBIT A

SCOPE OF SERVICES
E-mail: [email protected]
www.robinawrightarchitect.com
4025 N. Fresno # 107, Fresno, CA. 93726
Tel No. (559) 307-7232
Robinawright ARCHITECT & ASSOCIATES, Inc.

June 27, 2022
Thomas W. Gaffery IV
Community Development Director
City of Fowler
559.834.3113 x103
Re: Proposal for Plan Review and Accessibility Inspection Consultant service Dear Thomas:

Thank you for the opportunity to submit to you a proposal for Buildings Plan Review and Building Inspection Consultancy Services.

I am pleased to provide you the following cost proposal of the services we provide. ➢ ADA inspections: $150/hour
➢ Plan check review: 70% of plan check fee / 65% of plan check fee when valuation is greater than $1M
➢ Addendums / Revisions to approved construction documents: $125/hour ➢ Solar Plan Review: $125/hour
➢ Fire sprinkler: $150/hour
I hope that this Proposal is acceptable. If you have any questions, please don’t hesitate to contact me.

Sincerely,
Robina Wright
M. Arch, CASP, NCARB
AIA/ CASI / ICC / Lion’s/ FAECC
Robina Wright Architect & Associates, Inc.
7 EXHIBIT B

INSURANCE REQUIREMENTS
Prior to commencement of the Services, Vendor shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Vendor shall cause any subcontractor with whom Vendor contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Vendor’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City.

a. Minimum Limits of Insurance. Vendor shall maintain the following types of insurance with limits no less than specified:
(i) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Worker's Compensation Insurance as required by the State of California. (iii) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(iv) Umbrella or Excess Liability. In the event Vendor purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Vendor maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) The City, its officers, officials, employees, agents, and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Vendor; and with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Vendor’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) For any claims related to the Services performed pursuant to this Agreement, the Vendor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Vendor’s insurance and shall not contribute with it. 8 (iii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iv) Vendor grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler Risk Services. The City may require the Vendor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Vendor shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Vendor’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Vendor’s failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later.
d. Maintenance of Insurance. If Vendor fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Vendor, and the Vendor shall pay the cost thereof to City upon demand, and City shall furnish Vendor with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Vendor under this Agreement.
e. Subcontractors. If the Vendor should subcontract all or any portion of the work to be performed in this Agreement, the Vendor shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Vendor to City under this Agreement. 9 EXHIBIT C

CERTIFICATE OF INSURANCE

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-M

REPORT TO THE CITY COUNCIL
August 2, 2022
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
APPROVE a Professional Services Agreement with CSG Consultants, Inc. in the amount of $49,000 for on-call plan check and inspection services through June 30, 2023

RECOMMENDATION
Staff recommend City Council approve a Professional Services Agreement with CSG Consultants, Inc. in the amount of $49,000 for on-call plan check and inspection services through June 30, 2023

Approve a Professional Services Agreement with CSG Consultants, Inc.

August 2, 2022

Page 2 ends

Fowler City CouncilAugust 2, 2022

Fowler City Council
August 2, 2022