REPORT TO THE CITY COUNCIL FROM: COUNCILMEMBER MIGUEL ARIAS District 3 SUBJECT ..Title ***RESOLUTION - Amending the Better Business Act (Resolution 2009-118) to add an exception for Exclusive Negotiating Agreements pertaining to private projects contemplated on City owned property that are anticipated to provide a substantial public benefit. (Subject to Mayor's veto) ..Body RECOMMENDATION It is recommended that the City Council adopt a resolution amending the Better Business Act to add an exception for Exclusive Negotiating Agreements pertaining to private projects contemplated on City owned property that are anticipated to provide a substantial public benefit. EXECUTIVE SUMMARY The proposed exception would allow the bypass of the lengthy evaluation for Exclusive Negotiating Agreements (ENA) and is specific to instances where the proposed private project is on City owned property and the project is anticipated to provide a substantial public benefit. BACKGROUND The Better Business Act (BBA) was established in 2009 as a safety measure to minimize the City's risk when entering into partnerships where a private entity was requesting financial assistance from the City. The BBA requires a due diligence process that requires all potential "partners" to be fully vetted through a comprehensive, objective evaluation. For exclusive negotiating agreements, the BBA requires a preliminary evaluation specifically addressing sub-section 1, 3, and 5 of the BBA evaluation. The proposed exception would allow the bypass of this lengthy evaluation for Exclusive Negotiating Agreements (ENA) and is specific to instances where the proposed private project is on City owned property and the project is anticipated to provide a substantial public benefit. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 the approval of this resolution does not qualify as a "project" and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference is not applicable as this is not a solicitation for a contract or funds. FISCAL IMPACT There is no fiscal impact to the General Fund or any other fund within the City of Fresno. Attachment: Resolution