HomeMy WebLinkAboutP-19-746 Agreement The Assemi Group Inc .pdf
DATE:12-18-19
Contract No.:P-19-746 Vendor Number:0000132545
Contract Title:Applicant Agreement to NamelAddress:The Assemi Group,Inc
Prepare EIR for Malaga 1396 W Herndon Ave,Suite 110
Rezone Fresno,CA 93711
Contract Period:11/20/19 ——11/20/20 Contact:J.Roberts
Using Agencies:Public Works
Development Services Email:JRoberts@assemigroup.com
Terms:
Total Contract Amt:$0.00
Buyer Name:Crystal Nino
Requisition No:436200217 Org:4360
Supersedes:
E NEW C]RENEWAL C]AMENDMENT
E3 TICK DATE 08-20-20 l::|REFERENCE (RFQ#/RFP#)
DESCRIPTION:Agreement between the County of Fresno and The Assemi Group,Inc who has applied to rezone Malaga ——EIR
Application #7524.
SPECIAL INSTRUCTIONS:Contract expires at the completion of deliverables.
DISTRIBUTION:Completed By:Date:Completed By:Date
DEPARTMENT;Public Works
REQU[S|T]0NER;ChristinaMonfette
Rev 1/3/2017
1km —1 1b
APPLICANT AGREEMENT
THIS AGREEMENT is made and entered into this 20‘“day of November 2019,
(hereafter referred to as the “Effective Date of this Agreement"),by and between the
COUNTY OF FRESNO,a political subdivision of the State of California,hereinafterreferred
to as the "COUNTY"and the Assemi Group,Inc.,a California corporation,hereinafter
referred to as the “APPLICANT”.COUNTY and APPLICANT may be referred to individually
as a “PARTY",or collectively as "PARTIES”,to this AGREEMENT.
WITNESSETH
WHEREAS,APPLICANT has filed with COUNTY Environmental Impact Report (EIR)
Application No.7524 for Amendment Application No.3834 and General Plan Amendment No.
557 which propose to allow an amendment to the Fresno County General Plan by changing
the land use designation of four contiguous parcels totaling 158.38 acres from Agriculture to
Heavy Industrial and change the zoning of the subject parcels from AE—20 (Exclusive
Agricultural,20-acre minimum parcel size)to M-3 (Heavy Industrial)to meet the requirements
of the California Environmental Quality Act (CEQA)for the Malaga industrial Rezone
hereinafter referred to as “PROJECT";and
WHEREAS the PROJECT site is located on four (4)patcels totaling 158.38 acres,
generally located on the south side of North Avenue,between Minnewawa Avenue and Clovis
Avenue,adjacent to the Sphere of Influence of the City of Fresno;and
WHEREAS a copy of the Project Description is attached hereto and incorporated
herein by reference as EXHIBIT A;and
WHEREAS,APPLICANT understands that CEQA requires that the EIR prepared for
the PROJECT reflect the independent judgment of the lead agency;and
WHEREAS,the PROJECT could have a significant impact on the environment and an
EIR must be prepared by COUNTY prior to consideration of the PROJECT;and
WHEREAS,the COUNTY has determined that it must engage the services of a
qualified consultant to perform the necessary work in the preparation of an EIR for the
proposed PROJECT;and
WHEREAS,it is understood by APPLICANT that the PROJECT herein above-
identified is subject to review and decision after completion of the EIR,as prescribed by
existing ordinance and laws;that staff‘s recommendations must consider the conclusions
reached in the ER;that the nature of the factors to be considered by County staff in the
review mentioned above is such that recommendations to the decision-makers cannot be
formalized until just prior to the point of decision-making and may in fact be different from the
conclusions reached in the EIR;and that the final decision on the PROJECT will be made by
the entity charged with such decision-making authority;and
WHEREAS,the PARTIES agree that APPLICANT shalt bear all costs and expenses
required to complete the EIR;and
WHEREAS,the purpose of this AGREEMENT is to create a contractual obligation for
APPLICANT to pay the costs and expenses necessary to complete the ER.
NOW,THEREFORE,in consideration of the covenants and conditions hereinafter
contained,it is agreed as follows:
1.COUNTY’S OBLIGATIONS
The COUNTY shall engage the firm Crawford and Bowen Planning,inc.,hereinafter
referred to as the "CONSULTANT"pursuant to the COUNTY/CONSULTANT
AGREEMENT,entered into on the same date as this AGREEMENT,to perform the
services necessary to complete the EIR for the PROJECT (hereafter referred to as the
“WORK PROGRAM").The WORK PROGRAM is described in EXHIBIT B,which is
attached hereto and incorporated herein by reference.
The WORK PROGRAM is divided into six (6)“Contract Deiiverables”.Each
Contract Deliverable includes one or more “TASKS”,which are services CONSULTANT
must perform to complete the Contract Deliverable.
Under the COUNTY/CONSULTANT Agreement,COUNTY has the authority to direct
CONSULTANT to initiate work on one or more Contract Deliverables,and COUNTY has
the obligation to compensate CONSULTANT for services performed pursuant to COUNTY
direction.APPLICANT understands and acknowledges that COUNTY will not direct
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CONSULTANT to initiate work on a Contract Deliverable unless and until APPLICANT has
remitted payment to COUNTY for the amount budgeted under this AGREEMENT for that
Contract Deliverable,as described in Section 4 hereof.
Amounts received by COUNTY from the APPLICANT for services to be performed
by CONSULTANT wilt be used by the COUNTY to compensate CONSULTANT for such
services upon a determination by the Public Works and Planning Director (”DIRECTOR”)
that the services have been performed satisfactorily.
2.EFFECTIVE DATE AND TERM OF AGREEMENT
This Agreement is effective on the Effective Date of this Agreement and shall
terminate following final payment under Section 4 hereof.
3.lNHiBthNG FACTORS
APPLICANT understands and acknowledges that,pursuant to the
COUNTY/CONSULTANT Agreement,CONSULTANT shall be required to disclose.at the
earliest feasible time,those factors which could severely inhibit or prohibit the approval or
development of the PROJECT.Based upon such advice and information,the COUNTY
shall advise APPLICANT of CONSULTANT’S conclusions for the purpose of determining
the feasibility of continuing with preparation of the EIR according to the WORK PROGRAM
under the COUNTY/CONSULTANT Agreement.in the event the preparation of the EIR is
terminated,APPLICANT shall pay for uncompensated expenses incurred by CONSULTANT
and approved by the COUNTY based on the number of hours expended for workers and
equipment,together with direct expenses at the rates set forth in EXHIBIT 8—3,which is
attached hereto and incorporated by this reference.
It is understood that changes to the PROJECT proposal initiated by APPLICANT
after the execution date of this AGREEMENT may result in additional costs,delays and the
need for additional Consultant services,which in turn may require "Extra Services”as
provided in Section 4.8 of this AGREEMENT and/or amendments pursuant to Section 11 of
this AGREEMENT.
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4.PAYMENT TO THE COUNTY FOR CONSULTANT SERVICES
A.The APPLtCANT shall make Six (6)payments,in the amounts and at the
times set forth below,to the COUNTY,which together shali total One Hundred and Eighty—
Eight Thousand,Six Hundred and Twenty—Five Dollars and no cents ($188,625.00).Said
amount represents the basic fee for CONSULTANT to prepare the BR pursuant to the
COUNTY/CONSULTANT AGREEMENT.The COUNTY shall make the payments to
CONSULTANT as described in Subsections SA and 3.0 of the COUNTY/CONSULTANT
AGREEMENT.The six payments shall be made by the APPLICANT to the COUNTY in the
following manner:
(1)Payment for Contract Deliverables I:Within five (5)business days after
the Effective Date of this AGREEMENT,APPLICANT shall remit the sum of Twelve Thousand
Dollars and no cents ($12,000.00)to COUNTY,which the COUNTY shalt use to compensate
CONSULTANT for all work to be performed by CONSULTANT to complete TASKS 1 and 2
as identified in EXHIBIT B WORK PROGRAM.
(2)Payment for Contract Detiverabtes ll:Within ten (10)business days of
receipt of an invoice by APPLICANT,to be delivered by email to the APPLICANT at
JRoberts@assemigroup.com,the APPLICANT shail remit the sum of Twenty—Nine Thousand,
Two Hundred and Twenty—Five Dollars and no cents ($29,225.00)to COUNTY,which the
COUNTY shatl use to compensate CONSULTANT for all work to be performed by
CONSULTANT to complete TASKS 3,4,and 5 as identified in EXHIBIT B WORK
PROGRAM.
(3)Payment for Contract Detiverabies Ill:Within ten (10)business days of
receipt of an invoice by APPLICANT,to be delivered by email to the APPLICANT at
JRoberts@assemigroup.com,from the COUNTY,APPLICANT shall remit the sum of Sixty-
One Thousand Five Hundred and Twenty Five Dollars and no cents ($61,525.00)to
COUNTY,which the COUNTY shalt use to compensate CONSULTANT for all work to be
performed by CONSULTANT to complete TASKS 6,7,and 8 as identified in EXHIBIT B
WORK PROGRAM.
4)Payment for Contract Deliverabies iV:Within ten (10)business days of
receipt of an invoice by APPLICANT,to be delivered by email to the APPLICANT at
JRoberts@assemigroup.com,from the COUNTY,APPLICANT shall remit the sum of Forty-
Five Thousand and Two Hundred Dollars and no cents ($45,200.00)to COUNTY,which the
COUNTY shall use to compensate CONSULTANT for all work to be performed by
CONSULTANT to complete TASK 9,subtasks 9.1 through 9.16 as identified in EXHIBIT B
WORK PROGRAM.
5)Payment for Contract Deliverabies V:Within ten (10)business days of
receipt of an invoice by APPLICANT,to be delivered by email to the APPLICANT at
JRoberts@assemigroup.com,from the COUNTY,APPLICANT shall remit the sum of Twenty-
Four Thousand,Three Hundred Dollars and no cents ($24,300.00)to COUNTY,which the
COUNTY shall use to compensate CONSULTANT for all work to be performed by
CONSULTANT to complete TASK 9,subtasks 9.16 through 9.22 as identified in EXHIBIT 8
WORK PROGRAM.
6)Payment for Contract Deliverabies VI:Within ten (10)business days of
receipt of an invoice by APPLICANT,to be delivered by email to the APPLICANT at
JRoberts@assemigroup.com,from the COUNTY,APPLICANT shall remit the sum of Sixteen
Thousand,Three Hundred and Seventy—Five Dollars and no cents ($16,375.00)to COUNTY,
which the COUNTY shall use to compensate CONSULTANT for all work to be performed by
CONSULTANT to compiete TASKS 10 and 11 as identified in EXHIBIT 8 WORK PROGRAM.
B.One Hundred and Eighty—Eight Thousand,Six Hundred and Twenty-Five
Dollars and no cents ($188,625.00)is the entire consideration to be paid by COUNTY to
CONSULTANT for all of the basic services performed by CONSULTANT pursuant to
Subsection 4.A of the COUNTY/CONSULTANT AGREEMENT except as otherwise
provided in EXHiBiT D of said Agreement (Extra Services).if DIRECTOR of the Fresno
County Department of Public Works and Planning or DIRECTOR’S designee determines
that Extra Services wiii be authorized pursuant to Subsection 3.E of the
COUNTY/CONSULTANT Agreement,DiRECTOR shalt first notify the APPLICANT of the
determination,and those services shall only be authorized after COUNTY'S receipt from the
APPLICANT of the entire sum determined by DIRECTOR to be the maximum that may be
rendered for those Extra Services.APPLICANT shail pay to COUNTY,within thirty (30)
calendar days after APPLICANT‘S receipt of DIRECTOR'S determination.Such sum shall
not exceed Twenty—Eight Thousand,Three Hundred Dollars and no cents ($28,300.00),
approximately 15%of the base fee.
C.APPLICANT'S obligation to COUNTY to pay any invoice received by
COUNTY from CONSULTANT,covered by the amount set forth in this AGREEMENT shall
be absolute notwithstanding any dispute between APPLICANT and COUNTY pursuant to
this AGREEMENT,including,but not limited to,the sufficiency,quantity or quality of
services performed by CONSULTANT and identified in such invoice.APPLICANT agrees
that it shall not withhold any such payments for any reason whatsoever and shall not be
able to assert against COUNTY any right of set—off,cross-compiaint,or defense against its
obligation to make any such payments to COUNTY under this AGREEMENT.The
APPLiCANT'S obligation to make such payments shall not be abated through any
unforeseen circumstances.
5.PAYMENT TO THE COUNTY FOR COUNTY SERVICES
in addition to the APPLiCANT'S reimbursement to COUNTY for CONSULTANT‘S
basic fees and extra services,APPLICANT shall pay to COUNTY the actual costs and
expenses incurred by COUNTY in processing,reviewing,and preparing comments for
CONSULTANT'S preparation of an EIR,and performing any other work in connection with
the PROJECT,including outside iegai counsel to assist County Counsel in review and
advise on the PROJECT as determined to be appropriate by County Counsel.Within ten
(10)calendar days after the date of execution of this AGREEMENT by the PARTIES hereto,
the APPLICANT shall advance the amount of Seventy—Five Thousand Dollars ($75,000.00)
as payment for said services,with Twenty—Five Thousand Dollars ($25,000.00)allocated for
direct use by County Staff and Fifty Thousand Dollars ($50,000.00)allocated for outside
iegai counsel as determined to be appropriate by County Counsel.
Any request for further funds shall require an amendment to this AGREEMENT,
mutually agreed upon by both PARTIES in writing.if an amendment to this AGREEMENT
is deemed appropriate and necessary by the PARTIES,APPLICANT understands that all
work on the PROJECT will cease until an amendment to the AGREEMENT is approved.
APPLICANT shalt,after receipt of a COUNTY invoice,to be delivered by email to
APPLICANT at JRoberts@assemigroup.com,remit to COUNTY such additional amount or
amounts as specified in the APPLICANT-approved amendment to the AGREEMENT.
There shall be no limit on the number of requests DIRECTOR may make to the APPLICANT
in order to recover such amounts.If upon termination of this AGREEMENT the actual cost
incurred by the COUNTY under this paragraph 5 of this AGREEMENT is less than the total
amount of the payment by APPLICANT to COUNTY pursuant to this paragraph 5,COUNTY
will promptly refund such surplus funds to APPLICANT.
6.iNDEPENDENT CONTRACTOR
it is understood that CONSULTANT shall be an independent contractor of COUNTY.
APPLICANT agrees to permit CONSULTANT to enter upon its property in compliance with
applicable safety regulations to perform all work thereon,as CONSULTANT deems
necessary to complete the BR.It is agreed that APPLICANT at no time will interfere with
CONSULTANT in the performance of such work or attempt to influence such
CONSULTANT during the course of this investigation and report.APPLICANT will
participate in the EIR process to assure the accuracy of the Project Description and EIR.irt
addition,APPLICANT will have an opportunity to review and comment on the preliminary
Administrative Draft EIR,the Draft EIR,the Administrative Final EIR,and the Final EiR
document,including proposed Mitigation Monitoring and Reporting Program (MMRP)and
Project alternatives and related findings.APPLICANT shall include a COUNTY staff
member in any meeting or other contact between the APPLICANT and CONSULTANT,
unless otherwise authorized by COUNTY in which case CONSULTANT shaii provide
COUNTY with a written summary of the meeting.COUNTY shall also be copied on all
written correspondence between APPLICANT and CONSULTANT.
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7.TIME OF COMPLETION
APPLiCANT understands and acknowledges that unforeseen circumstances may
require changes to the timelines proposed in the WORK SCHEDULE based on the
CONSULTANT'S professional judgment and in consultation with COUNTY.
8.HOLD HARMLESS
For purposes of this Section 8,"LOSSES"includes aii claims,demands,injuries,
damages,costs,expenses (including attorney fees and courts costs),fines,penalties,and
liabilities of any kind.
OWNERS agree to indemnify,defend,and save COUNTY,its officers,agents,
employees,and volunteers from any and all costs and expenses (including reasonable
attorney fees and court costs),against any iosses incurred by COUNTY,OWNERS,or any
third party in connection with the performance,or failure to perform,by OWNERS,their
officers,agents,or employees under this AGREEMENT..
if requested by COUNTY,OWNERS shall defend actions or proceedings brought or
threatened against COUNTY (inciuding its officers,agents,or employees)under this
AGREEMENT.COUNTY may conduct or participate in its own defense without affecting
OWNERS’obiigation to indemnify or defend COUNTY.
The terms of this SECTION 8 shall survive the termination of this AGREEMENT.
9.GOVERNING LAW
Any controversy or claim arising out of or relating to this AGREEMENT which cannot
be amicably settled without court action shall be litigated either in the Superior Court of
Fresno County,California,or in the US.District Court for the Eastern District of California
located in Fresno County,California.The rights and obligations of the PARTIES and all
interpretations and performance of this AGREEMENT shall be governed in all respects by
the iaws of the State of California.
10.NON-ASSIGNMENT
Neither PARTY shail assign,transfer,or sub-contract this AGREEMENT nor their
rights or duties under this AGREEMENT without the written consent of the other PARTY.
11.AMENDMENTS
Any changes to this AGREEMENT requested either by the COUNTY or APPLICANT
may only be effected if mutually agreed upon in writing,by duly authorized representatives
of the PARTIES hereto.This AGREEMENT she"not be modified or amended or any rights
of a PARTY to it waived except by such a writing.V
12.BINDING UPON SUCCESSORS
This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES
and their successors in interest,assigns,legal representatives,and heirs.
13.APPLICANT'S LEGAL AUTHORITY
Each individual executing or attesting this AGREEMENT on behalf of APPLICANT
hereby covenants,warrants,and represents:(i)that he or she is authorized on behalf of
the corporation in accordance with a duly adopted resolution of the corporation’s board of
directors and in accordance with such corporations articles of incorporation or charter and
bylaws;and (ii)that this Agreement is binding on the corporation;and (iii)that the
APPLICANT is a duly organized and legally existing corporation in good standing in the
State of California.
14.TERMINATION
This AGREEMENT may be immediately terminated by COUNTY upon written notice
to APPLICANT if APPLICANT fails to comply with any or all of the terms of this
AGREEMENT.This AGREEMENT may be immediately terminated by APPLICANT upon
written notice to COUNTY.
if this AGREEMENT is terminated as provided in this section,COUNTY will request
CONSULTANT to stop work on the PROJECT.Upon termination,COUNTY will determine
what amounts are due and owing to CONSULTANT and COUNTY for work performed prior
to termination,and return any remaining funds received from the APPLICANT to the
APPLICANT.If there are not sufficient funds received from the APPLICANT to pay
CONSULTANT and COUNTY for work performed prior to termination,APPLICANT shall
immediately remit the balance due to COUNTY.
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15.HEADINGS;CONSTRUCTION;STATUTORY REFERENCES
The headings of the sections and paragraphs of this AGREEMENT are for
convenience oniy and shail not be used to interpret this AGREEMENT.This AGREEMENT
is the product of negotiation between the PARTIES.The language of this AGREEMENT
shall be construed as a whole according to its fair meaning and not strictly for or against any
PARTY.Any rule of construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in interpreting this AGREEMENT.All references in this
AGREEMENT to particular statutes,regulations,ordinances or resolutions of the United
States,the State of California,or the County of Fresno shall be deemed to include the same
statute,regulation,ordinance,or resolution as hereafter amended or renumbered,or if
repealed,to such other provisions as may thereafter govern the same subject.
16.COUNTERPARTS
This AGREEMENT may be executed in two or more counterparts,each of which shall
be deemed to be an original,and all of which taken together shall constitute one and the
same instrument.
17.ENTIRE AGREEMENT
This AGREEMENT constitutes the entire agreement between the APPLICANT and
COUNTY with respect to the subject matter hereof and supersedes all previous
negotiations,proposals,commitments,writings,advertisements,publications,and
understandings of any nature whatsoever unless expressly included in this AGREEMENT.
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IN WITNESS WHEREOF,the parties hereto have caused this AGREEMENT to be
executed as of the day and year first above written.
APPLICANT:
By:\\Farid Assemi,Genéfal Manager
ORG.NO.:
SUBCLASS NO.:1186
FUND No.2 0085
ACCOUNT NO.:7910
11
COUNTY OF FRESNO
REVIEWED AND RE MMENDED FOR
APPROVAL:
By;fl/Steven E/Wte,Director
Department of Public Works and
Planning
EXHIBITA
Project Description
The project applicant is proposing to develop approximately 159 acres of farm land to
accomrriodate a mix of industrial land uses.The project Will require a conversion from
agriculture (AE—ZO)to Heavy Industrial (M-3).The site is adjacent to the Malaga County Water
District boundaries and the project will require the District to expand its sphere of influence and
annex the site.Although potential tenants have not yet been identified,for purposes of this
proposal it is assumed that the site will be built out with the most intensive M—3 use (with
certain uses potentially restricted,as agreed upon by the County and the Applicant).
The project site is south of E.North Avenue,north of E.Central Avenue,west of S.Clovis
Avenue and east of S.Minnewawa Avenue in Fresno County.
EXHIBIT B
Project Team
Crawford 8:Bowen Planning,Inc.will be the prime consultant and will enlist the assistance of
subconsultants as described herein.Crawford &Bowen will be responsible for managing the
Project Team and will be the single point of contact for the County and Project Applicant.Travis
Crawford,AICP is the designated project manager for this endeavor.
The Project Team consists of the following:
-Crawford &Bowen Planning -—CEQA and Water Supply Assessment
-JLB Traffic Engineering —Traffic Analysis
-Colibri Ecological Consulting -Biological Services
0 Insight Environmental -Air Quality and Greenhouse Gases
Scope of Work
Crawford &Bowen Planning,Inc.will provide the following services:
Task 1 -Project Initiation and Review
1.1-—Kick Off Meeting and Review Existing Project Information
Crawford 6:Bowen will meet with County staff and the project applicant to further
discuss the intent,scope and details of the project.It is anticipated that project
information will be provided to Crawford &Bowen prior to the initial meeting.Lines of
communication will be established and a schedule developed.Also,as part of this task,
the Crawford 8:Bowen team will obtain and review all available background materials,
in order to become fully familiar with the project and key issues.Any technical studies
provided directly by the Applicant will be reviewed for adequacy and technical
sufficiency.If Applicant—provided technical studies are determined by Crawford 8:
Bowen and/or Fresno County to be inadequate,the Applicant will be required to
provide updated/corrected studies as necessary.Crawford ti:Bowen will review all
project—related technical studies for adequacy and will prepare a memorandum
confirming suitability of the studies for use in the EI'R.
Deliverable:Proiect Kick Off Meeting
1.2 —Field Reconnaissance
Under this task,Crawford &:Bowen will visit the site in order to observe existing site
conditions (i.e.,the baseline condition)and take photographs in order to gain a thorough
understanding of the project site,surrounding areas,and sensitive nearby land uses.
1.3 -—Project Description and Project Objectives
Based on the results of the project initiation meeting and the materials provided by the
County and the Project Applicant,as well as,Crawford 8:Bowen’s review of other
relevant information,a draft project description will be prepared for the County’s and
project applicant’s review and comment.As specified in the State CEQA Guidelines,
Section 15124,the EIR will include a detailed project description using text and graphics
inclusive of the project’s regional and local setting and the project’s history and land
uses.The project description will also include the project’s objectives (from the
perspectives of both the County and the Project Applicant),characteristics,phasing,and
important features.The final project description will be used in preparing the Initial
Study and Notice of Preparation.
Deliverable:Proiect Description
Task 2 -Public Scoping Process
Crawford 8:Bowen will coordinate and prepare the appropriate documents for the
public scoping process,including preparation of an Initial Study and Notice of
Preparation (IS/NOP).The IS/NOP Will be noticed,published and circulated to
L applicablewlocél Land {Statea‘gen‘cies'pursuant to CEQA ’Guidelifiesf AV Scoping Meeting
will be held to solicit input as to the scope and content of the EIR (at the discretion of the
County).’M The Notice will be published in up to two newspapers (approved by the
County)and mailed to surrounding property owners and interested agencies.Crawford
8:Bowen will be responsible for the costs of publication,including newspaper
publication costs.
2.1 -Prepare the Initial Study /Notice of Preparation
Crawford 8:Bowen will prepare an Initial Study /Notice of Preparation consistent with
the County’s approved format.The IS/NOP will contain all statutory requirements,
including the project description developed in Task 1.3 above,project location,a brief
overview of potential environmental impacts,project maps,the date,time,and place of
the public scoping meeting(s),the address where the documents are available for
review,the address where comments may be sent,and the deadline for submitting
comments.The IS/NOP will be used to ”focus”the ElR on the more substantial topics
such as air quality,traffic,etc.Some of the lesser environmental impact topics will be
addressed in this document rather than the EIR (e.g.mineral resources,geology,etc).
2.2 —Scoping Meeting
Under the direction and supervision of the County,Crawford «St Bowen will conduct a
scoping meeting during the 30—day IS/NOP public review period and will prepare
appropriate graphics/visual displays (in PowerPoint format),comment cards and/or
handouts.County staff will attend the scoping meeting,however,the meeting will be
facilitated by Crawford 8:Bowen.The Applicant will be required to provide a location
of the scoping meeting (approved by the County),and will provide translation services
if necessary.The Applicant will be responsible for the costs associated with reserving
and using the facility for the scoping meeting.
MNote ——It may be necessary to revise the topics and/or content to be analyzed in the
EIR based on comments received during the public scoping process.
Deliverables:
IS/NOP in PDF or CD format
3 —Hard copies of IS/NOP
15 —CD’S for delivery;to the State Clearinghouse
Scoping Meeting
Public Notices
Task 3 —Air Quality /GHG Study
Insight Environmental Consultants (Trinity Consultants)will provide an air quality and
greenhouse gas technical report to support the Environmental Impact Report.An air
quality and greenhouse gas analysis will include an evaluation of short—term
(construction)and long—term (operation)impacts.In accordance with the CEQA
guidelines,the analysis will answer the CEQA Guidelines Appendix G Checklist
questions for air quality and greenhouse gases.Insight’s scope of work includes the
following:
Conduct an extensive review of the proposed project’s construction and
development plans including phasing,timing,planned equipment use,current
land uses of the impacted property,grading and Traffic Impact Study data.
Based on the results of the project’s traffic impact study,conduct emissions
modeling for carbon monoxide (CO)”hotspots,”if necessary.
Calculate and review emissions impacts proposed by other known projects
Within geographical proximity to the project.
0 Review and determine the potential impacts the project may have based on the
creation of GHG emissions.This review will quantify such emissions to the
extent possible and evaluate various feasible and reasonable methods to mitigate
potential impacts and establish compliance with AB32.
-Conduct emissions modeling to predict criteria pollutant impactsusingthe latest
San Joaquin Valley Air Pollution Control District (S]VAPCD)and California Air
Resources Board (CARE)approved modeling programs.
O Conduct emissions modeling to predict impacts from Hazardous Air Pollutants
(HAPs)using the latest SIVAPCD and CARE approved modeling programs,lif
required by SIVAPCD.
-Conduct emissions modeling to predict health risks to the nearest receptors
(sensitive and non—sensitive)based on projected impacts from HAPs (if
necessary).
'Recommend possible project modifications to reduce excessive health risks
associated with the proposed project (if necessary).
0 Select and specify mitigation measures for the proposed project that may reduce
emissions impacts.Some of these measures may require client approval prior to
report finalization.These will be provided to the County for ultimate approval.
0 Determine potential air quality impacts to the local,state and federal Ambient
Air Quality Standards posed by the project.
0 Examine the project’s predicted emissions thresholds based on California
Environmental Quality Act (CEQA)and SIVAPCD air quality thresholds for
operational emissions as well as construction emission impacts.
0 Provide responses to first—round comments received on the AQIA from
SIVAPCD.
Deliverables:
Electronic copv of Draft Air Oualitv and Greenhouse Gas Report.
Electronic copv of the Final Air Oualitv and Greenhouse Gas Analvsis Report.
Crawford 8:Bowen will review the technical studv for adequacv and will prepare a
memorandum confirming suitabilitv 0f the studv for use in the EIR.
Task 4 -Biological Study
Colibri Ecological Consulting will provide the biological study for the project.Tasks
include:
Biological Reconnaissance Survey
Colibri Ecological Consulting will conduct a biological reconnaissance survey of the
project area to characterize its land use,habitat,and plant and wildlife resources.Colibri
92.x:-
will identify the presence of any habitats such as wetlands 0r waterways potentially
regulated by the US.Army Corps of Engineers,the Regional Water Quality Control
Board,or the California Department of Fish and Wildlife.The survey will also identify
habitats that could support special-status plants or animals,including federally or state—
listed species,as well as nesting birds,which are protected by the Migratory Bird Treaty
Apt and the California Fish and Game Code.‘
Biological Study Report
Colibri will prepare a report based on the findings of our reconnaissance survey that (1)
describes the existing biological conditions of the project area,(2)addresses the potential
occurrence of species—status species and regulated habitats,(3)discusses potential
impacts of the proposed project on biological resources,and (4)identifies appropriate
measures to mitigate such impacts.Our impact analysis will be guided by and will
comply with all provisions of CEQA related to biological.resources.The report will
include lists obtained from the United States Fish and Wildlife Service and California
Department of Fish and Wildlife (California Natural Diversity Database)of special—
status species known from the vicinity of the project area.
Deliverables:
Reconnaissance Biological Study
Crawford &;Bowen will review the technical study for adequagg and will 1gregare a
memorandum confirming suitabilig of the study for use in the ElR.
\
Task 5 —Cultural and Paleontological Evaluation (not part of this scope/fee)
The Project Applicant has indicated they are working with Table Mountain Rancheria to
prepare the required cultural reports.It is assumed that the reports will be suitable to
support the CEQA analysis and willbe provided to Crawford 8:Bowen and Fresno
County upon completion.Any technical studies provided directly by the Applicant will
be reviewed for adequacy and technical sufficiency.If Applicant—provided technical
studies are determined by Crawford <32;Bowen and/or Fresno County to be inadequate,
the Applicant will be required to provide updated/corrected studies as necessary.
Deliverables;
Crawford 8:Bowen will review the technical study for adequacv and will prepare a
memorandum confirming suitability of the study for use in the ElR.
Task 6 —Traffic Impact Study
The traffic impact analysis (TIA)will be prepared by ILB Traffic Engineering,Inc.The
TIA Will involve two Phases.Phase 1 will include the finalization of the TIA scope of
work and the Fresno COG traffic modeling.Phase 2 will include the preparation of the
TIA Report.Note:the scope of the TIA listed below is subject to change based on TIA
scoping with the County and applicable agencies.
Phase 1:Finalize TIA Scope Work and Fresno COG Modeling
JLB will estimate future trip generation for the proposed Project land uses based on
information contained in the Project description (once it is developed and approved by
the County).It is expected that Client will provide ILB with data associated with 1)a
mix of land uses such as light industrial,warehousing,distribution center etc.,2)
location of proposed local roads that would connect to the major streets adjaeent to the
Project site,and 3)other information that Client has related to the Project that will help
determine how employees and truck deliveries and pickups will enter and exit the
Project site.
ILB will review and define the traffic analysis zone (TAZ)boundaries and link segments
in the model for the Existing,and Cumulative Year (2039)Scenarios.A technical letter to
Fresno COG requesting the appropriate modeling will be completed and submitted to
Fresno COG.This technical letter along with exhibits and tables as appropriate will
identify any land use,link network,and TAZ zone modifications for all of the study
scenarios.It is important that the Fresno COG Model accurately reflect the land use,
link,and TAZ network within the study area under all scenarios to be analyzed.This
allows the trafficconsultantto accurately project changes in traffic patternsas a result of
network changes and land use modifications.
Prepare altraffic engineering letter presenting the proposed Draft Scope of Work for the
preparation of the TIA.The TIA Draft Scope of Work will include a detailed Project
description,trip generation,distribution,traffic scenarios,and intersections and
segments to be analyzed pursuant to the County of Fresno and Caltrans TIA guidelines.
ILB will provide the Client team the Draft Scope of Work prior to this being provided to
the County of Fresno for review and comment.ILB would then address comments
provided by Client to finalize the Draft Scope of Work letter for formal submittal to the
County of Fresno,the City of Fresno and Caltrans.Note:The County will be provided
with a redlined copy or summary of changes made by the Applicant (if applicable).
As applicable,arrange for and attend a Tm scoping meeting/conference call (up to one
hour)at the County of Fresno.
Phase 2:Prepare Traffic Impact Analysis
Offsite Circulation will be reviewed and recommendations will be provided.Particular
attention will be paid to conflicting traffic movements,location of local roadways to the
major streets.
ILB will conduct a thorough evaluation of the existing and planned Circulation network
to include,the study intersections,roadway segments,and those facilities agreed upon
during Phase 1.
As appropriate,schedule and conduct new traffic counts for the study facilities.
Perform site visit to observe existing traffic conditions,especially during the a.m.and
p.m.peak hours.Existing roadway conditions,including geometries and traffic controls,
will be verified.
Prepare California Manual on Uniform Traffic Control Devices (CA MUTCD)peak hour
signal warrants for un—signalized study intersections.
Forecast trip distribution will be made on the basis of turn count information and
knowledge of the existing and planned circulation network in the vicinity of the Project.
ILB will evaluate existing and forecast future levels of service (LOS)at the study
intersection(s)and/or segment(s)as determined during Phase 1.ILB will use HCM 6
methodologies within Synchro software to perform this analysis for the a.m.and p.m.
peak hours.ILB will identify the cause(s)of poor level of service and proposed
improvement measures (if any).
Traffic Index Analysis:
Since the proposed development will introduce additional truck traffic to the roadways in
the vicinity of the Project,it is assumed that the Traffic Index (TI)will need to be calculated
for the study segments under all study scenarios.This analysis will be utilized to evaluate
truck traffic impact to the pavement structure of the roadway(sl)analyzed within the TIA.'
JLB will forecast and analyze traffic volumes for the following scenarios:PWNHExistihg traffic conditions with needed improvements (if any);
Existing plus Project traffic conditions with proposed mitigation measures (if any);
Year 2025 plus Project traffic conditions with proposed mitigation measures (if any);
Cumulative Year 2039 No Project traffic conditions with proposed improvement
measures (if any);and
Cumulative Year 2039 plus Project traffic conditions with proposed mitigation measures
(if any).
Peak hours to be analyzed (Tuesday through Thursday only):
1.
2.
6 —8 AM Peak Period
4 —6 PM Peak Period
Intersections proposed to be analyzed:
North Avenue /Cedar Avenue
North Avenue /Maple Avenue
North Avenue /Chestnut Avenue
North Avenue /Willow Avenue
North Avenue /Peach Avenue
North Avenue /Ivfinnewawa Avenue
North Avenue /Clovis Avenue
Central Avenue /Chestnut Avenue
Central Avenue /Willow Avenue
.Central Avenue /Peach AvenuePWNP‘P‘PPN!‘)—\+—tHO.Central Avenue /Minnewawa Avenue
,4N.Central Avenue /Clovis Avenue
H03.American Avenue /Clovis Avenue
H,p..Lincoln Avenue /Clovis Avenue
)—|UT.Golden State Boulevard-Clovis Avenue Jug Handle /Clovis Avenue
It should be noted that the actual study intersections(s),peak hours,scenarios,etc.,may
change based on the outcome of the trip distribution assignment prepared under Phase 1
and subsequent communication with the County of Fresno,City of Fresno and Caltrans
staff.These locations will be finalized during the TIA scope of work under Phase 1.Queuing
analysis is included in the proposed scope of work for the study intersections listed above
under all study scenarios.This analysis will be utilized to recommend minimum storage
lengths for left and right turn lanes at all study intersections.
Segments Proposed to be analyzed:
North Avenue between Cedar Avenue and Maple Avenue
North Avenue between Maple Avenue and Chestnut Avenue
North Avenue between Chestnut Avenue and Willow Avenue
North Avenue between Willow Avenue and Peach Avenue
North Avenue between Peach Avenue and Minnewawa Avenue
North Avenue between Minnewawa Avenue and Clovis Avenue
Central Avenue between Chestnut Avenue and Willow Avenue
Central Avenue between Willow Avenue and Peach Avenue
PWNQWPWP!"Central Avenue between Peach Avenue and Minnewawa Avenue
10.Central Avenue between Minnewawa Avenue and Clovis Avenue
11.Mirmewawa Avenue between North Avenue and Central Avenue
12.Clovis Avenue between North Avenue and Central Avenue
13.Clovis Avenue between Central Avenue and American Avenue
14.Clovis Avenue between American Avenue and Lincoln Avenue
15.Clovis Avenue between Lincoln Avenue and Golden State Boulevard~Clovis Avenue Jug
Handle
It should be noted that the actual study segments(s)may change based on the outcome of
the communication with the County of Fresno,City of Fresno and Caltrans staff.These
locations will be finalized during the TIA scope of work under Phase 1.
Project Only Trip Assignment to the Following State Facilities:
The trip assignment to the following interchanges will be provided for the proposed Project
land use designation.\
1.SR 99 /North Avenue
2.SR 99 /Central Avenue
3.SR 99 /Clovis Avenue
Preparation of Draft TIA Report:
Based on the scope of work described above,a Draft TIA Report will be prepared.The Draft
TIA Report will include tables and graphics summarizing the results and conclusions of the
study accompanied by a technical appendix.Minor comments to the Draft TLA Report can
be incorporated prior to the reports being provided to the County of Fresno.ILB will'
provide six copies of the Draft TIA Report to the Client.Of the six copies,one is for the
Client and the remaining five are to be delivered to the County of Fresno 'for their
distribution within County departments,the City of Fresno and Caltrans.
Revise the Draft TIA Report considering the affected agency’s comments from the review of
the Draft TIA Report and prepare a Final TIA Report.ILB will provide six copies and one
electronic copy of the Final TIA Report to the Client or its designee.Of the six copies,one is
for the Client and the remaining five are to be delivered to the County of Fresno for their
distribution within County departments,the City of Fresno and Caltrans.
Deliverables;
Draft TIA
FinalTIA
Crawford &:Bowen will review the technical studv for adequacv and will prepare a
memorandum confirming suitabilitv of the studv for use in the ElR.
Task 7 —SB 610 Water Supply Assessment
Crawford 8:;Bowen Planning,Inc,Will prepare a SB 610 Water Supply Assessment
(WSA)for the proposed project.A WSA is required for an industrial project occupying
more than 40 acres of land.It is assumed that the applicant and/or County will provide
necessary project information,including but not limited to proposed land use plan with
areas in square foot,proposed land use plan densities,proposed open space landscaping
information,Fresno County agreements regarding the Sustainable Groundwater.
Management Act (SGMA),and other project area characteristics that would affect water
use.
The WSA would be prepared consistent with current State of California law (Water
Code Section 10910)and would include information on,and analysis of,project area
characteristics,County /Water District water supply sources,water demand,and a
comparison of supply versus demand.Water supply and water demand will reference
industry-standard sources and the Malaga Water District Water Management Plan.The
draft WSA will be provided to the Client for review prior to being submitted to the
County.The WSA may need to be submitted and approved prior to the approval of the
EIR.
Deliverable:Water Supplv Assessment
Task 8 -—Noise Study
WIV Acoustics will conduct a project site inspection and noise monitoring to evaluate
the acoustical characteristics of the site and document existing ambient noise levels from
roadway traffic and other sources that may affect the project site.It is anticipated that
continuous 24-hour ambient noise measurements will be conducted at up to two (2)
locations using automated noise monitors and that short—term sampling of ambient
noise levels will be conducted at up to four (4)additional sites.Tasks include:
1.Analyze potential project—related changes in roadway traffic noise exposure
along roadways near or adjacent to the project site.Calculations will be
performed using the FHWA Highway Traffic Noise Prediction Model and traffic
data to be obtained from the project traffic engineer or other sources as may be
appropriate.Compare project—related changes in traffic noise exposure to
applicable noise level standards and other thresholds of significance.
2.Evaluate potential noise impacts from the project including 1)noise levels from
existing noise sources as they may affect the proposed developments,and 2)
noise levels resulting from development of the project as they may affect existing
noise—sensitive uses in the project area.This task Will include consideration of
exterior and interior noise exposure.
3.Quantity noise and vibration levels that would likely occur during construction
of the project as they could affect nearby existing or planned noise~sensitive
receptors.Identify nearby existing or planned noise—sensitive receptors that
could be subjected to noise or vibration levels in excess of applicable noise
standards or CEQA thresholds as a result of the project construction.
4.Compare project—related noise levels and project site noise exposure,as
determined during the performance of Tasks 1—4,to applicable Fresno County
noise standards and other appropriate noise impact assessment thresholds as
required by CEQA.Prepare recommendations for noise mitigation as may be
required for compliance with applicable standards.Identify any residual noise
impacts considered to be significant and unavoidable.
5.Prepare a Written report summarizing the methods,findings and
recommendations of the study.The report and associated exhibits will be
formatted to facilitate incorporation into the CEQA documents being prepared
for the project.
6.Review and respond to comments provided by the project team and/or Fresno
County as may be appropriate.
Deliverables:
Noise Study
Crawford 8:Bowen will review the technical study for adequacy and will prepare a
memorandum confirming suitability of the study for use in the ElR.
Task 9 -Draft EIR
Crawford ti:Bowen Planning,Inc.will prepare the Draft ER in accordance with CEQA
Guidelines and the 2019 CEQA Appendix G Checklist.The Draft EIR will include:
Executive Summary.This chapter provides a sdmmary of the content and findings of
the Elk,including a table showing the project mitigation measures.As potentially the
most referenced portion of an EIR,this Section will be prepared in an easily accessible
format with summary tables and figures.
Chapter One —Introduction.This chapter sets the stage for the environmental
evaluation and introduces the EIR along with its contents,intent and legal foundations.
This chapter will also discuss the public review process and will provide context for the
roles of the County,Applicant and other agencies.
Chapter Two -Project Description.This section describes the key elements of the
proposed project in detail.The project description developed under Task 1 will be
utilized as the starting point for development of the EIR project description.It will be
based on the most intensive buildout of the M—3 designation.This will include a
presentation of all the proposed components of the project including:
0 Location
Projeet Objectives
Project Components
Project Phasing
Environmental Setting
Maps/Graphics00000
This chapter will be prepared in accordance with CEQA Guidelines Section 15124.As
required by §15125 of the CEQA Guidelines,the Environmental Setting (existing
conditions)portion of the EIR will contain a ”description of the environment in the
vicinity of the project,as it exists before the commencement of the project,from both the
local and regional perspective.”
Chapter Three -Environmental Evaluation —-This chapter is based off the CEQA
Appendix (3 Checklist.Each individual topic section will include:
0 Introductory information
0 Environmental and regulatory setting
0 Thresholds
0 An evaluation of project impacts pertaining to that topic
Impact evaluation criteria or thresholds for determining the significance of impacts will
be described for each topic.The significance of project~related impacts will then be
determined for each topical area.The analysis will focus on issues identified by
responsible and trustee agencies,local agencies and other interested parties in response
to the NOP.Impacts found to be less than significant will be described.Impacts that
cannot be mitigated below the level of significance will be identified,and the extent to
which those impacts could be mitigated through project alternatives or changes will be
demonstrated.Impacts will be quantified to the extent possible.Mitigation measures
will be listed and numbered and cross—referenced to applicable impacts.
Where there are specific technical studies pertaining to an environmental topic,
Crawford 8:Bowen will utilize the technical information in each study and will present
the information in the ER section within the context of CEQA.The language in each ElR
section must be clear,readable,and understandable to the general public,therefore
Crawford 8:Bowen will utilize graphics,tables,summaries and other methods to
present a clear and concise document.
The issue areas are as follows:
Aesthetics
Agricultural /Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Enengy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning (likely scoped out in the Initial Study)
Mineral Resources
Noise
Population and Housing (likely scoped out in the Initial Study)
Public Services
Recreation (likely scoped out in the Initial Study)
Transportation/Traffic
Tribal Resources
Utilities and Service Systems
Wildfire (likely scoped out in the Initial Study)OOOOOOOOOOOOOOOOOOOOAs summary of approach to some of the primary envirorunental topics is below.
Aesthetics/Visual Resources
The potential aesthetics—related impacts of the proposed project will be evaluated.
Impacts will be assessed in terms of potential buildout of the project,alteration of the
Visual setting by grading and structures,and sensitivity of Viewpoints.Crawford 8:
Bowen will provide photographs from key Observation points;however,architectural
renderings and project design maps/graphics will be provided by the Applicant if
available.However,the analysis will focus on the most intensive buildout of the M—3
designation.Mitigation measures will be recommended to reduce any significant
impacts.Mitigation measures will likely be integrated with design standards to address
potential glare impacts from construction and operation of future projects.This analysis
does not include the use of visual simulations.If determined necessary,these would
require an augmentation of the scope and budget.‘
Agriculture /Forestry Resources
The project applicant has indicated that the Williamson Act ”early”cancellation process
has begun and a Notice of Non—Renewal has been filed.The project EIR is required prior
to formal action being taken for the early cancellation.For purposes of this EIR,
Crawford &:Bowen will prepare a Land Evaluation Site Assessment to aid in
determining project impacts to protected farmland.
Air Quality _
The Air Quality technical report prepared in Task 3 will be used as the basis for this
section of the FIR.Crawford 3:Bowen will take the appropriate relevant information
and present it in the context of CEQA within this EIR section.Long term operational
impacts as well as short term construction impacts will be evaluated for potential
impacts to regional and local air quality.A list of mitigation measures will be prepared
for any impacts found to be significant or potentially significant.The effectiveness of
mitigation measures will be assessed and quantified,as feasible,in accordance with the
Air District’s thresholds of significance.
Biological Resources
The project area primarily consists of disturbed land.Because of this,the project site is
not considered to be a very biologically diverse area.In addition,the lack of natural land
cover greatly reduces the-biological complexity.However,the biological resources
assessment prepared as part of Task 4 will include the research,reconnaissance level
surveys and analysis necessary to make a determination of project impacts to biological
resources.Crawford &Bowen will use the information in the technical study to present
the data in the context of CEQA in this section of the EIR.Appropriate minimization and
mitigation measures will be presented,and a determination of significance will be
provided.
Cultural Resources
The cultural resources assessment prepared as part of Task 5 will include the research,
surveys and analysis necessary to make a determination of project impacts to cultural
resources.Crawford <3:Bowen will use the information in the technical study to present
the data in the context of CEQA in this section of the EIR.Appropriate minimization and
mitigation measures will be presented,and a determination of significance will be
provided.
Geology,Soils,and Seismicity
The site is relatively flat with little variation in topography.Crawford 8:Bowen will
address impacts related to soils,geologic hazards,and seismic safety.Effects associated
with erosion,deposition,displacement,compaction or coverage of soils,alteration of
topography,and geologic hazards.Existing published information (soil reports and
maps,any available geotechnical information provided by the Applicant,Safety
Elements,and other data will be used.Potential impacts will be assessed and mitigation
measures included if necessary.Paleontological impacts will addressed from the
Paleontological Reports described in Task 5.
Greehhouse Gases
The Greenhouse Gas technical report prepared in Task 3 will be used to complete this
section of the EIR.Crawford &Bowen will extract the appropriate technical data from
the technical study and present it in the context of CEQA in this EIR section.
Hazards and Hazardous Materials
The historical uses of the site will be documented for periods for whieh data is available.
Pursuant to CEQA,the California Department of Toxic Substances Control (DTSC)
maintains a Hazardous Waste and Substances Sites List (Cortese List).As part of the
Cortese list,DTSC also tracks ”Calsites,”which are mitigation or Brownfield sites that
,are subject to Annual Workplans and/or are listed as Backlog sites,confirmed release
sites that are not currently being worked on by DTSC.As part of the EIR,Crawford 8:
Bowen will review the online Cortese List in order to identify any hazardous sites in the
area that may have been listed.Potential impacts will be assessed,and mitigation
measures included if necessary.Hazards that may result from the project will also be
evaluated.
Hydrology and Water Quality
Crawford &Bowen will summarize existing hydrological conditions in the project area
watershed and groundwater basin using existing published documentation.The Water
Supply AsSessment identified in Task 7 will be used to complete this section of the EIR
as it pertains to water usage.Potential effects of project development will be described.
The State Water Resources Control Board and the Regional Water Quality Control
Board,Central Valley Region,have established water quality standards required by
Section 303 of the Clean Water Act and the Porter-Cologne Water Quality Control Act.
The hydrology and water quality analysis will address the project’s compliance with the
State’s construction stormwater regulations.Compliance With the requirements of the
National Pollutant Discharge Elimination System will also be addressed.
Noise
Crawford &:Bowen will describe the location of noise producing impacts in relation to
sensitive noise receptors.The Noise Study identified in Task 8 will be used to complete
this section of the EIR.
Public Services
Crawford &:Bowen will use the most recent data available to discuss existing public
services including police and fire protection,and schools.These agencies will be
contacted to identify project service implications and any environmental impacts that
could result from the need of additional facilities.Although the project could generate
additional demand for services,these additional needs do not necessarily constitute an
environmental impact.The analysis will consider whether new public facilities required
by the project would cause secondary environmental impacts resulting from the project.
A description of potential impacts to existing conditions and services resulting from
project buildout will be prepared;Niitigation measures will be included,if necessary.
Transportation,Traffic,and Circulation
The Traffic Impact Study prepared in Task 6 Will be used to complete this section of the
E13.Crawford &:Bowen will extract the appropriate technical data from the technical
study and present it in the context of CEQA in this ElR section.
Tribal Resources
Fresno County will be required to comply with AB 52 and SB 18.Crawford &:Bowen
will assist the County with this process as necessary,but the County has indicated it will
take the lead in this process.The results of this process will be included in this EIR
section.
Utilities and Service Systems
This section of the ElR will address potential effects related to the availability and
capacity of utilities and services.Some information from Task 7 ——Water Supply
Assessment will be used for this section of the ER.Utilities and services that will be
addressed include sewer service,water service,and solid waste collection and disposal.
This section will discuss whether any of these services or facilities is below adopted
standards,or near or beyond their capacity to adequately serve the proposed project.
Where significant impacts are identified,mitigation measures will be proposed.
Chapter Four -Alternatives Analysis
Analysis of a reasonable range of alternatives to the proposed project will be conducted
according to section 15126(f)0f the CEQA Guidelines.A ”No Project”alternative will be
discussed per requirements of the CEQA Guidelines.Section 15126(f)limits the
alternatives analysis to alternatives that will avoid or substantially lessen any of the
significant effects of the Preferred Alternative.In addition to the No Project alternative,
Crawford 8:Bowen proposes to evaluate two alternatives to the proposed project that
will meet these criteria.These alternatives will be developed in close consultation with
County staff and the Applicant.They may include a reduced project alternative,
increased density /reduced land alternative,alternate location,or other.Crawford 8:
Bowen will develop reasonably detailed analyses of impacts associated with these
alternatives,by topic,in comparison with the proposed project.
As required by Section 15126(f),the ADEIR will identify the environmentally superior
alternative and,if that is the “No Project”alternative,the environmentally superior
alternative among the remaining alternatives.
Chapter Five -Cumulative Impacts
This section discusses impacts that result when combined with impacts of other projects
that may contribute to the magnitude of the particular impact.Crawford 8:Bowen will
discuss the incremental contribution of the project to cumulative effects of other past,
current,and planned or reasonably foreseeable projects in the vicinity.Crawford 8:
Bowen will work with Fresno County planning 'staff to compile an updated list of
cumulative projects.This may include both the Project List and/or the Summary of
Projections methods.
Chapter Six -Other CEQA Requirements
Crawford 8t Bowen will prepare the remaining CEQA—mandated sections (growth
inducing impacts,impacts that cannot be avoided,and mitigation monitoring program).
Chapter Seven -Persons and Agencies Consulted
This chapter includes a list of persons and agencies that were consulted to obtain
information used in preparation of the ER.
Administrative Draft,Screencheck Version,and Public Review Draft EIR
Crawford 8:Bowen will submit an Administrative Draft EIR to the Applicant for review
prior to submittal to the County.Any Applicant provided comments on the
administrative draft will be documented and provided to the County.The draft will
then be submitted to the County for review.Upon receipt of comments from the County,
Crawford 8:Bowen will make necessary revisions and prepare the Screencheck Draft
EIR for submittal to the County.This scope of work assumes a maximum of two review
cycles with compiled comments from County staff on the Administrative Draft ElR.This
scope of work assumes that this task will not require more than 60 hours of staff time.
Crawford 8t Bowen will prepare the both the Notice of Completion and Summary Form
for the State Clearinghouse submittal.
Notices
Crawford 8:;Bowen will prepare the Notice of Availability,the Notice of Completion
(State Clearinghouse)and the State Clearinghouse Summary Form.Crawford 8:Bowen
will be responsible for the costs associated with publication,including newspaper
noticing costs.V
Deliverables:
1 —Electronic Copv of the Administrative Draft EIR
1 —Electronic Copv ”Screen check”Administrative Draft EIR
5 —Hard copies of the Draft EIR
1 —Camera-ready Draft EIR and electronic versions
15 —CD Copies of the EIR for the State Clearinghouse
Other CDs/electronic copies as needed
Public Notices I
Task 10 —Final EIR
Pursuant to Section 15088 of the CEQA Guidelines,the Final Environmental Impact
Report (FEIR)must respond in writing to each oral and written comment on the Draft
EIR made by individuals,agencies,and organizations that review it.Additional
research and analysis will be undertaken by Crawford 8:Bowen as necessary to
effectively respond to comments.Comments regarding the sections or technical reports
prepared by subconsultants will be routed to them for review and comment,with
Crawford 8::Bowen responsible for final review for consistency and compilation of the
final responses.
The FEIR will incorporate written comments received and response to comments.Along
with the comments and responses,a list will be compiled of all persons,organizations,
and agencies commenting on the Draft EIR.The FEIR will include revisions to the Draft
EIR text and summary table,as necessitated by comments.Comments,responses to
comments,and the list of all persons,organizations,and agencies commenting on the
Draft EIR will be included.Also included are errata and other information,which when
combined with the Draft EIR,will constitute a FEIR.
Crawford &Bowen will submit an Administrative Draft Final EIR to the County and
Applicant for review.Upon receipt of comments from the County,Crawford 8:Bowen
will make necessary revisions and prepare the Screencheck Final EIR for submittal t0 the
County.Any Applicant—provided comments will be redlines or summarized and
provided to the County.
A cost estimate range is provided herein which we believe will be adequate for the task.
If the level of response exceeds the assumed number of hours in the cost estimate,
Crawford 8:Bowen will respond to those comments that are above and beyond the
threshold on a time-and—materials basis,or another mutually agreeable formula.
Crawford <3:Bowen proposes to review all comments and then provide the County with
an estimate to complete the FEIR.The cost estimate assumes no more than 60 hours will
be required for responses to comments.The Final EIR will contain an errata section and
a mitigation monitoring and reporting program.
Deliverables:
1 -—Electronic Copy of the Administrative Final ER
5 ——Hard copies of the Final ER
1 —Camera—readv Final ElR and electronic versions
Other CDs/electronic copies as needed
Task 11 —Findings of Fact /Statement of Overriding Considerations /Admin Record
Crawford &Bowen will prepare findings for each significant effect identified in the
FEIR.A Statement of Overriding Considerations will be prepared for significant and
unavoidable impacts of the project.Draft copies of these documents will be provided to
the County for review and comment.Crawford 8:Bowen will finalize the documents as
requested by the County.
Crawford &Bowen will maintain an administrative record,including all
correspondence during the project.The entire administrative record will be turned over
to the County in electronic format.
Deliverables:
1 —Electronic CODV of the Findings of Fact /SOC
~1 ——Electronic Copv 0f the Administrative Record
Meetings and Hearings
The project will require attendance at public meetings such as the scoping meeting,
public hearing on the Draft EIR,and adoption hearing(s).Crawford &Bowen will be
available to attend and present the ER conclusions as described herein.Crawford 8:
Bowen will be responsible for meeting agendas,minutes,room reservations,materials,
notices,etc.Monthly status meetings either in person or via telephone conference calls
are anticipated through the duration of the project.This task also consists of those
management activities that ensure Crawford 8:Bowen's ability to keep the project
running smoothly,on time,and within budget.As the liaison between the Crawford 8:
Bowen team and the County’s staff,our project manager will ensure information is
distributed appropriately,comments regarding project—related issues are communicated
effectively and efficiently,and financial performance is tracked regularly (i.e.,invoices).
Time has been included for meetings in Tasks 1,2,8 and 10.
SCHEDULE
The schedule below is conceptual in nature.There are many variables outside of our control
that could impact the schedule,however a general schedule is provided.
Task Description Week of Completion
1.Project Initiation /Review /Description 3
2.Public Scoping Process (ISINOP)8
30 day public review
3.AQ /GHG Study 14
4.Biological Study 10
5.Cultural /Poleo Studies (applicant TBD
provided)
6.Traffic Impact Analysis 12
(Scoping meeting to be held as early as
possible)
7.Water Supply Assessment 12
8.Noise Study 14
9.Admin Drafi /Draft ER 16
45 day pubfic review
10.Final EIR 1‘TBD
H.Findings /SOC /Admin Record TBD
COSTS
We propose to conduct the tasks outlined above on a fixed fee basis.Invoices will be sent as
applicable based on milestones completed.If tasks are requested outside of those identified in
this proposal,they can be performed under a separate scope and fee.A complete breakdown of
costs is included on the last page of this scope.
Task Description Fee
1.Project initiation /Review/Description $1,750
2.Public Scoping Process (IS/NOP)$10,250
3.AQ /GHG Study $20,625
4.Biological Study $8,600
5.Cultural /Paleo studies (applicon’!N/A
provided)
6.Traffic Impact Analysis $48,250
7.Water Supply Assessment $6,875
8.Noise Study $6,400
9.Admin Drofi /Draft EIR (see breakdown $69500“
next page)
10.Final EIR $1 1,750“
11.Findings /SOC /Admin Record $4,625
Total:$188,625“
*See next pagefor milestone breakdown of Task 9./”See Final EIR assumptions in Task 10.
Milestone Breakdown Within Task 9 -Draft EIR
Task 9 has been broken down into submittal groups in order to provide the ability for Crawford
8:Bowen to submit sections of the EIR in groups.This will allow for milestone billing within
Task 9.Each task is broken down further into number of hours and direct costs.
Total fee for Task 9 =$69,500.Where CEQA Appendix G checklist items aren’t included in the
table below,those topics are assumed to have been included in the Initial Study and ”scoped
out"of the EIR (e.g.population/housing,etc).
Task 9 milestones are summarized as follows:
Task 9 Description Fee
Submifial 1
Submifial 2
Chapter I -Intro $9,725
Chapter 2 —Project
Description
Aesthetics
Biological Resources
Cuh‘urol Resources
Geology /Soils
Ag /Forest Resources $15,725
Hazards
Hydrology
Public Services
Tribal Resources
Submih‘al 3
Submiflal 4
Air Quality $19,750
GHG
Noise
Traffic
Utilities /Service Systems
Chapter 4 —Alternatives $9,300
Chapter 5 -Cumulative
Chapter 6 —Other CEQA
Executive Summary
Submih‘al 5 Completed $6,750
Administrative Droff EIR
Submifial 6 Public Review Drof’r EIR $8,250
Task 9 Total:$69,500
Crawford8:Bowen TravisCrawford@5125/11!EmilyBowen@$125/hrLaborCastsSubkotalPrinting]Material:/Mileage/NewspaperSubconsultantSubcansukantCostTaskSubtotal Task1—ProjectInmatlon1.1Kick-OffMeetlng/ProjectRev.$375 1.2FieldRecon.$375$125 1.3Pro].Desc.$875 Task2—PublicScopingPracess2.1PrepareiS/NOP4030$8,750$425 2.2ScopingMeeting$750$325$12,000 Task3-AQ/GHGS(udyInsight$20,625$20,625 Task4-BlaloglcalResourcesReportCollbrlEcol.$3,600$8,600 Task5-CulturalResourcesReportApplicantProvidedN/A Task6-TrafficImpactStudy1L8$48,250$48,250 Task7—WSA4015$6,8755&875 Task8-NoiseWJVAcoustics$6,400$6,400 Task9-—DEIRSubmittal1Chpt.1-Intro$750 Chpt2-Pro}.025:.$1,250 Aesthetics$2,000 Biology$2,250 Cuitural$1,250 Geology/Solls$2,000$225 $1725 Task9—DEMSubmlttal2Ag(Conv.Study)30$5,750 Hazards$2,500 Hydrology24$3,500 PublicServlccs$2,500 TribalResources$1,250$225 $15,725 Task9-DEIRSubmlttal3AltQuality$3,500 GHG$3,500 Noise$3,500 Traffic$4,500 Utilities$4,500$250 $19,750 Task5—DEIRSubmmal4Chap:4—-Alts$3,000 Chap!5—Cumul.$3,000 Chama-om.CEQA$1,875 Exec.Summary$1.250$175 $9,300 Task9—DEIRSubmltkal5CompletedAdminantEIR2424$6,000$750 $6,750 Task9-DEIRSubmittal6Pub":ReviewDraftEIR2929$7,250$1,000 $8,250 Task10—FinalamFlnalEIR4343S0.750$1,000$11,750 Task11—-Findings,SOC,RecordFindings,SOC,AdmlnRecord1717$4,250$375$4,625 GrandTotal: $183,625
.EXHIBIT B-2
CONTRACT DELIVERABLES
Amendment Application No.3834,General Plan Amendment No.557,
and Environmental Impact Report No.7524
Amount and Percent of Total per Increment Contract Dclivcrablcs
Contract Deliverable I
Amount Percent
$12,000.00 6.4%
Task 1:Project Initiation and Review
Subtask 1.1 Kick off meeting
Subtask 1.2 Field Reconnaissance
Subtask 1.3 Project Description and Project Objectives
Task 2:Public Scoping Document
Subtask 2.1 Prepare Initial Study/Notice of Preparation
Subtask 2.2 Scoping Meeting
Contract Deliverable 11
Amount Percent
$29,225.00 15.5%
Task 3:Air Quality and Greenhouse Gas Study
Task 4:Biological Study
Task 5:Cultural/Paleo Studies
Contract Deliverable III
Amount Percent
$61,525.00 32.6%
Task 6:Traffic Impact Analysis
Task 7:Water Supply Assessment
Task 8:Noise Study
Contract Deliverable IV
Amount Percent
$45,200.00 24.0%
Task 9:Draft EIR
Subtask 9.1 Chapter 1 -Introduction
Subtask 9.2 Chapter 2 -Project Description
Subtask 9.3 Aesthetics
Submsk 9.4 Biological Resources
Subtask 9.5 Cultural Resources
Subrask 9.6 Geology and Soils
Subtask 9.7 Agricultural and Forestxy Resources
Sub‘ask 9.8 Hazards and Hazardous Materials
Subtask 9.9 Hydrology and Watct Quality
Submsk 9.10 Public Services
Subtask 9.1 1 Tribal Resources
Subtask 9.12 Air Quality
Subtask 9.13 Greenhouse Gases
Subtask 9.14 Noise
Subcask 9.15 Traffic
Subtask 9.16 Utilities and Service Systems
Contract Deliverable V
Amount Percent
$24,300.00 12.9%
Task 9:Draft EIR
Subtask 9.17 Chapter 4 -Alternatives
Subtask 918 Chapter 5 -Cumulative Impacts
Subtask 9.19 Chapter 6 -Other CEQA Considerations
Subtask 9.20 Executive Summary
Subtask 9.21 Completed Administrative Draft EIR
Subtask 9.22 Public Review Draft E1R
Contract Deliverable V1
Amount Percent
$16,375.00 8.7%
Task 10:Final EIR
Task 11:
Subtask 11.1 Findings of Fact
Subtask 1 1.2 Statement of Overriding Consideration
Subtask 11.3 Administrative Record
Re:FresnoCounty—MologoIndustrialEIREXHIBIT8-3July22,2019 ICrawford&Bowen Printing/TravisCrawford@EmilyBowen@LaborCostsMaterials/$1ZS/hr$125/hrSubtotaiMlleage/NewspaperSubcansultamSubconsultantCos!TaskSubtotal 1.1chk-OffMeeting]Task1—ProjectProlenRev.tnklatlon1.2FieldRecon.3$375$1251.3Pro].DESC.52$875Task2—.PubllcScoping2.1PrepareISINOP4030$8,7505425Process2.2ScopingMeeting6$750$325a'$375 $12,000 Task3-AQ/GHGStudyInslght$20,625$20,615 Task4-alologlcalCommEcol.$5,60058,600ResourcesReportTail!5-CulturalAppllcantProvidedN/A0ResourcesReportTask6—TrafficImpact1m$48,250$48,250SiudyTask7-WSA4015$6,875$5,875Task8—NolseWWAcoustics$6,400$6,400 Chpt.1-intro24$750’Chpt2-Pro].Desc.64$1,250..Aesthetics142$2,000Emuafimalaxogy216-$2,250$22559'7”Cultural28$1,250Geology/SOHS88$2,000Ag(Conv.Study)‘-3016$5,750Hazards416$2,500£32113?“Hydrology24a$3,500$225$15,725PublicServices416$2,500TrlbalResources82$1,250AirQuallty424$3,500GHG424$3,5003:121:33!“Noise244$3,5005250$19,750Traffic306$4,500Ulllltles2412$4,500Chapt4-A115815$3,000Task9-05mChap!5-Cumul.816$3,000Submittal4Chap!6-0th.CEQA114$1,875Exec.Summary28$1,250 $175$9,300 Task9-DEIRSubmittalSCompietedAdmlnDraftEIR2424$6,000-$750$5,750 Task9-DElR.Submlttal6PublicReviewDraftEIR2929$7,250$1,000$3,250 Task10-Fina!EIRFinalEIR4343$10,750$1,000$11,750 Task11—Findings,SOC,Findings,SOC,AdminRecordRecord171754:2505375$4,625 GrandTo‘al:$188,625 Page|25
SCHEDULE
EXHIBIT C
The schedule below is conceptual in nature.There are many variables outside of our control
that could impact the schedule,however a general schedule is provided.
Task Descripfion Week of Completion
1.Project Initiation /Review /Description 3
2.Public Scoping Process (lS/NOP)8
30 day public review
3.AQ /GHG Study 14
4.Biological Study 10
5.Cultural /Poleo Studies (applicant TBD
provided)
6.Traffic Impact Analysis 12
(Scoping meeting to be held as early as
possible)
7.Wo’rer Supply Assessment 12
8.Noise Study 14
9.Admin Dr<:1fiL /Drofi EIR 16
45 day public review
10.Final EiR T80
11.Findings /SOC /Admin Record TBD
EXHIBIT D
EXTRA SERVICES
Extra Services shall be limited to those services reasonably necessary to complete the
project work that County and Consultant mutually agree were not anticipated during the
preparation of the work program proposal,when a request to perform such services was
submitted by the Consultant and approved in writing by the Director or his designee
prior to their performance.
In addition to the services addressed above,the Consultant shall have a legitimate
basis pursuant to the provisions of the Consultant Agreement to request either
authorization to provide Extra Services or a revision to the Work Program,Cost
Estimate,and Work Schedule of the Agreement if any of the following occur:
1.County makes material modifications to the project subsequent to the approval of '
the Agreement,which necessitate making substantial and material changes in
the project analysis,text tables,maps or figures.
2.Modifications are required to the Work Program due to comments received in
response to the Notice of Preparation of the Draft ER or public review of the
project documents.
3.Technical,engineering,design,or other studies not specified in the Work
Program are required for project analysis,mitigation measures or programs,the
Mitigation Monitoring and Reporting Program,responses to comments on the
Draft EIR,or other purposes.
4.In the event the project and/or the ER is subject to litigation,additional work
associated with the litigation is required such as reviewing or responding to
briefs,giving depositions and appearing in court.
The total sum of compensation for Extra Services shall be limited to the amount
deemed sufficient by the Director or his designee following discussion of the proposed
scope of additional work with the Consultant which shall include representations made
by the Consultant as to the reasonany—expected amount of time that will be required to
fully perform all Extra Services discussed in said meetings(s)or telephone conferences.
EXHIBIT E
CONFLICT OF INTEREST CODE OF THE DEPARTMENT OF PUBLIC
WORKS AND PLANNING
Exhibit “E”is a copy of Resolution #99-086 adopted by the Board of Supervisors
on February 23,1999 that references California Code of Regulations Section
18730.Consultants are listed on Exhibit A of the Resolution with the following
note:
*Consultants shall be included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category in the code subject to the
following limitation:The Director of Public Works and Planning may determine in
writing that a particular consultant,although a “designated position”,is hired to
perform a range of duties that is limited in scope and thus is not fully required to
comply with the disclosure requirements of this section.Such written
determination shall include a description of the consultant’s duties and,based on
that description,a statement of the extent of disclosure requirements.The
Director of Public Works and Pianning’s determination is a public record and
shall be retained for public inspection in the same manner and location as this
Conflict of Interest Code.
(Dm‘JCDm-D-wN-lmmmmmmrum—xat4.4.mqmmemgéomm3mm3$fija(7")5 File 1115123 ‘
.February 23,1999
Resolution #99-086
BEFORE THE BOARD OF SUPERVISORS
OF THE COUNTY OF FRESNO
STATE OF CAUFORNIA
r 1"
In the matter of
Adoption 0f Standard Conflict of Interest 1 _8Code1'0er County Dapartments,Reso utinu #99 0 6
Whereas.the Political Reform Act,Government Code section 51000 et seq.
requires state and lace!government agencies to adopt and promulgate conflict of interest
codes;and
Whereas.the Fair Political Practices Commission haeadopted a regulation,2
CaMfomta Code of Regulations section 18730,whlch contains the terms of a standard
conflict of interest code.and which may be amended by the Fair Polttlca!Practices
Commission after public natices and hearings to cenfonn to amendments to the Potlflcel
Reform Act:and
Whereas,any local agency may Incorporate this standatd conflict of interest code.
and thereafter need not amend the text of its code to conform tavfuture amendments to the
Political Reform Act or its regulations;and
Whereas,the Board of Supervisors Is the code reviewing body for all County
departments except courts:and
Whereas,the Board of Supervisors may adopt the standard.confllct of interest
code on behalf of-all County departments.
Now therefore he it resotved,that the terms of 2 California Code of Regulations
section 18730.and any amendments to it duly adopted by the Fair Political Practices
Commission,are hereby incorporated by reference and,along with the Exhibits A and B
appraved previously.today.or In the future,by this Board for each County department.In
which officers and employees are designated and disclosure categon’es are setforth,
comxioam-pozm—xN[‘9M~*----1-—A+I-LA..3..4.__a._\A
38
constitute the conflict of interest codes of each County department except courts.
Conflict of interest formeshalt be filed as follows:
1.As required by Government Code Section 87500,subdivision (6),the
County Adminlstratlve Officer.District Attorney,County Counsel,and Audltor—
Controtlerfrreasurer—Tax Collector shall file one orlginal of their statements with the County
Clark.who shall make and retain copiesand forward the originals to the Fair Polftlcal
Practices Commisslon.which shall be the filing officer.The County Administrative Officer.
Dlstrict Attorney,County Counsel.and Auditor-Contmllern’reasurer—Tax Collector shall also
file one copy of their statements wtth the Clerk to the Board of Supervisors.
2.As requlred by Government Code section 87500.subdivision (3).all other
deparhnent heads shall file one original of their stabemehts with their departments.The fillng
officer of each department shall make and retain a copy ofthe department head's statement
and shall forward the ortglnat to the Cletkto the Board of Supervisors.
3.All other designated employees shall me one'orlglnal of their statements wlflt
their departments.
All statements shalt be pubtic records and shalt be made aValtable for public
inspection and reproduction.(Gov.Code.§81008.).
Adopted at a regular meeting of the Board of Supervisors,held on the _2_3_r_§__day
of February ,19 99 .by the following vote.to wtt:
Ayes:Supervisors Koligian,Case,Alcambula,mean,Levy
Noes:None
Absent:None
ATTEST:SHAKE GREENWOOD,CLERK
BOARD OF SUPERVISORS
“JVDeputy
File015123 Agenda 4128 masaluticm {399—086 2
EXHIBIT “A"
PUBLIC WORKS AND PLANNING
Classification
Accountant I I II
Architect
Assistant Real Property Agent
Associate Real Property Agent
Building Inspector I /II
Building Plans Engineer
Capital Projects Division Manager
Chief Building Inspector
Chief of Field,Surveys
Community Development Manager
Consultant
Deputy Director of Planning
Deputy Director of Puinc Works
Deputy Director of Resources &Administration
Development Services Manager
Director of Public Works and Planning
Disposal Site Supervisor
Engineer I /II /III
Field Survey Supervisor
Housing Rehabilitation Specialist I /II
Information Technology AnaIyst |/II /III /IV
LandfiIl Operations Manager
PIanner I /ll /III
Principal Accountant
Principal Planner
PrincipaI Staff AnaIyst
Public Works and PIanning Business Manager
Puinc Works Division Engineer
Road Maintenance Supervisor
Road Superintendent
Senior Accountant
Senior Engineer
Senior Engineering Technician
Senior Information Technology Analyst
Senior PIanner
Category
N$.LA—A—L—AA—A-A—AANNANAAAAAAAAANAW—ANAA—AJ—X
Classification .Category
Senior Staff Analyst
Senior Systems and Procedures Analyst
Staff Analyst I /l!/HI
Supervising Accountant
Supervising Building Inspector
Supervising Engineer
Supervising WaterNVastewater SpecialiSt
Systems and Procedures Analyst I /H /Ill
Systems and Procedures Manager
Traffic Maintenance Supervisor NNN-A—A—A—AANA*Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the code subject to the following
limitation:The Director of Public Works and Planning may determine in writing that
a particular consultant,although a "designated position",is hired to perform a range
of duties that is limited in scope and thus is not required to fully comply with the
disclosure requirements in this section.Such written determination shall include a
description of the consultant’s duties and,based upon that description!3 statement
of the extent of disclosure requirements.The Director of Public Works and
Planning‘s determination is a public record and shall be retained for public inspection
in the same manner and location as this conflict of interest code.
EXHIBIT “B”
PUBLIC WORKS AND PLANNING
1.Persons in this category shall disclose all reportable investments,interests in real
property,sources of income (including gifts),and business positions.Financial
interests (other than gifts)are reportable only if located within or subject to the
jurisdiction of Fresno County,or if the business entity is doing business or planning
to.do business in the jurisdiction,or has done business within the jurisdiction at any
time during the two years prior to the filing of the statement.Real property shall be
deemed to be within the jurisdiction of the County if the property or any part of it is
located within or not more than two miles outside the boundaries of the County
(including its incorporated cities)or within two miles of any land owned or used by
the County.
2.Persons in this category shall disclose all reportable investments in,income from
(including gifts),and business positions with any business entity which,within the
last two years,has contracted or in the future foreseeably may contract with Fresno
County through its Public Works and Planning Department,Solid Waste
Commissions within the jurisdiction.or to any other joint powers agency which
Fresno County is a member to provide services,supplies,materials,machinery,or
equipment to the County.
3.Persons in this category shall disclose all interests in real property within the
jurisdiction of Fresno County.Real Property shall be deemed to be within the
jurisdiction if the property or any part of it is located within or not more than two miles
outside the boundaries of Fresno County (including its incorporated cities)orwithin
two miles of any land oWned Cr used by the County.
EXHIBIT F
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as ”County”),
members of a contractor’s board of directors (hereinafter referred to as ”County Contractor”),must
disclose any self—dealing transactions that they are a party to while providing goods,performing
services,or both for the County.A seIf-deaiing transaction is defined below:
”A self~dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member’s name,job title (if applicabie),and date this disclosure is being made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self—dealing transaction that is being disclosed to the
County.At a minimum,include a description of the following:
a.The name of the agency/company with which the corporation has the transaction;and
b.The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4)Describe in detail why the self—dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the se|f—dealing transaction
described in Sections (3)and (4).
(1)Company.BO'ard'VMejmbérxlhf'ofmafi‘dh:y ‘\
Name:Date:
Job Title:
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Signature:Date: